Welcome Back, Justices!

October 6, 2014

Breaking news:  The Court will not review same-sex marriage decisions from Virginia (4th Circuit), Indiana and Wisconsin (7th Circuit), or Utah and Oklahoma (10th Circuit). Same-sex marriage is lawful in these states and, likely, legal in any other state in the same circuits, once a District Court hears a case challenging a ban on same-sex marriage. Still possible is Supreme Court action, if another Circuit Court of Appeals supports a ban, creating a circuit conflict.

First Monday in October! In honor of the beginning of the 2014-15 Court Term, I’m focusing on the cases—thank you, SCOTUSblog.com—already accepted for review, and two issues one issue which may end up on the Court docket.

Here’s the

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Judicial Selection: It’s Merit-Based in Arizona

October 2, 2014

Judges and elections. It’s that time in the cycle—it’s a 24-month cycle—when ballots appear and people call/email/instant message me about the judges. “Who do I vote for” is the common question.

Arizona has a modified merit selection plan. Merit selection applies to our Supreme Court, Court of Appeals (Divisions 1 and 2), and to Superior Court (trial court) judges in counties with more than 250,000 people. (Right now, there are three:  Maricopa; Pima; and Pinal.)

In non-merit selection counties, trial judges get elected. They raise money, they holler about being tougher on crime than their opponent, and absent a scandal or one candidate being a real jerk, they’re popularity contests.

In merit selection counties and for the appellate courts,

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Court Starts Soon: Book Suggestions for Your Spare Time!

September 29, 2014

Court starts in six days, on Monday, October 6. I’m sure it’ll be another rock ‘em, sock ‘em year, with plenty of big deal stuff coming late in the spring of 2015. In the meantime, Mark Rubin Writes will keep you informed.

For the last Tuesday post before the opening day, I’m offering a short list of books about matters broadly associated with the Supreme Court. My list is very eclectic, and it focuses on lesser known treasures. Here goes:

Chef Supreme is a cookbook/homage to Martin Ginsburg, Justice Ruth Bader Ginsburg’s late husband. Marty Ginsburg was a legend in the field of tax law as a practitioner, professor, and as the co-author of Mergers, Acquisitions, and Buyouts, a

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The Wednesday Curator – 9/24/14

September 23, 2014

Let’s start with How Gary Hart’s Downfall Forever Changed American Politics by Matt Bai, written for the September 22 New York Time magazine. This is an exceptional piece of reporting/writing about one of the exceptional figures from the last 25 years of the last century. Definitely worth your time!

For political junkies, there’s also been lots of news out of Kansas in the U.S. Senate race. Senator Pat Roberts, the incumbent Republican whose time has probably passed, was barely beating the D and the I in a three-man race. The D pulled out of the race and asked that his name be removed from the ballot, the Secretary of State claimed his letter didn’t say “pretty please” in quite the

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Supreme Court Preview

September 8, 2014

The U.S. Supreme Court works on a schedule akin to your child’s long obsolete school schedule, which was based on an agrarian economy. Kids needed to work the fields during the summer months, so there was no school. (Schools have figured out how much time they spend in the early fall, bringing children back up to where they left off in May, which explains why so many families have Augustus Interruptus when it comes to vacations.) Not so justices, probably ever, and certainly not now! (I’m working on getting information about the origins of the summer vacation; if I get good information, I’ll report it.)

The 2014-15 term begins on October 6, the first Monday in October. (For film buffs,

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Some Film Stuff!

September 4, 2014

I was driving home last week and listening to the local NPR station. I heard an interesting overview of five original movie studios, discussing their stars, niches, styles, etc. The piece, The Movie Studio System – Part II, was written by Chris Dashiell for Arizona Spotlight. It’s short and worth a listen, as is The Movie Studio System – Part I, which I listened to when I got home.

I’ve also run across a few other bits and pieces associated with film that might interest some. The ABA Journal, the American Bar Association’s monthly, published its 25 Greatest Legal Movies, presented here in an easy-to-access format (courtesy of IIT Chicago-Kent College of Law Library) and as a

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Memoirs, Facebook, and Such: Ruminations

August 19, 2014

Thanks to Ms. J and others for sharing A Memoir Is Not a Status Update. Dani Shapiro wrote it for the New Yorker. It’s about memoir as a writing form, and about how Facebook may be affecting it, and it prompted several thoughts.

I wish I could write like Ms. Shapiro. Her sentences sing, they’re so well-structured and beautiful.

I do not accept the premise that Facebook limits or adversely affects writing. Economics may kill books, but if there is a eulogy for the book-writing industry, I don’t imagine FB will get a mention. (For a fine essay on the economics of the publishing industry and the battle with Amazon.com, here’s Amazon v. Hachette: What Would Orwell Think? by

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Same Sex Marriage

August 16, 2014

~ In for a dime, in for a dollar! Here’s Mark Rubin Writes on same sex marriage.

In Windsor v. United States, the U.S. Supreme Court held unconstitutional that portion of the Defense of Marriage Act (DOMA)—Section 3—which defined marriage as a union between a man and a woman. Windsor forced the federal government to accept marriages entered into lawfully in any state or foreign country. Windsor did not, however, address state same sex marriage laws.

Since Windsor, and relying on its due process/equal protection rationale, trial and appellate courts have found state same-sex marriage bans unconstitutional, with one exception. Many cases are pending. Utah and Virginia, so far, are seeking relief in the Supreme Court.

The Court

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The Wednesday Curator – 8/13/14

August 12, 2014

Tough week! Robin McLaurin Williams died on Monday morning, August 11, and Betty Joan Perske aka Lauren Bacall died on Tuesday morning, August 12. I’ve never seen or heard anyone funnier than Robin Williams, and Lauren Bacall was hot, hot, hot in her day! If you haven’t seen To Have and Have Not, watch it now! (If you have seen it, watch it again!!!)

Lots and lots of pieces about Robin Williams. Here’s the one I have liked best; it’s a collection of tweets from Norm MacDonald.

In passing, I simply cannot ignore the distasteful comments from Rush Limbaugh about Robin Williams. I won’t link to his foul rant about unhappy liberals, but I can’t quite get away from

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The Wednesday Curator – 7/16/14

July 15, 2014

They just keep on coming, G-d bless them! One Wednesday after another.

I have driven Prius automobiles since 2004, and no non-Prius has been domiciled in our garage since 2006. Ms. J and I are committed to clean, fuel efficient transportation. So I read with interest John Voelker’s article, Hyundai v. Tesla: Exec Claims U.S. Funds Superchargers, Electric-Car Maker Angrily Rebuts, posted at Green Car reports on July 15. When manufacturers are fighting about who got more bennies from which government, we’re getting closer to the tipping point, when combustion engine behemoths look like the funny old cars many of us saw in the movies when we were children.

I’d never heard of Larry Pratt until I read The

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