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Category Archives: Law

How quickly will you die after this stab wound?

And perhaps more interestingly, can a cardiac surgeon who answers “only about five or ten seconds” really know this? Update: A reader has corrected me — this is a bench trial with no jury.  So where you see “juror” please read “the judge.”  Thanks for the correction.  I now wonder whether the judge will find [...]

The Supreme Court rules that …

The Supreme Court has ruled “… that it does not violate the Constitution for the government to block speech and other forms of advocacy supporting a foreign organization that has been officially labeled as terrorist, even if the aim is to support such a group’s peaceful or humanitarian actions.” That’s how Lyle Denniston at the [...]

Law school tuition, or, how to dig yourself a financial hole

Anyone who’s read Above the Law recently knows that the job market for lawyers right out of law school is bad.  Very bad.  Unless you attend one of the elite law schools, your earning prospects at graduation are nothing like the Biglaw six-figures that so many applicants dream about when they apply. Which makes one [...]

Justice Souter speaks…

… at Harvard on May 27th, about constitutional interpretation and the role of judges. Linda Greenhouse gives us the highlights, and here’s the whole text. In his speech, Souter attacks what he calls the “fair reading model” of constitutional interpretation, which seems to mean something similar to Scalia’s originalism or to Roberts’ analogy of an [...]

Disclosure as a regulatory tool: how we make decisions

Inspired by this article about the ineffectiveness of disclosure as a regulatory tool, some questions: When you sign up for an online service like iTunes or Facebook, do you read the terms and conditions before you click the “I agree to these terms and conditions” button?  When you rent a car, and the clerk asks [...]

Dangerous things

Professor Bainbridge reads a WSJ editorial about Times Square bomber Faisal Shahzad and rhetorically asks, “Why not just torture the SOB?“  States Bainbridge, “I’m more than a little appalled about how readily some on the right are to toss out the window centuries of Anglo-American jurisprudence to win temporary advantage.” We must remember, contra the [...]

Malpractice reform, for all the right reasons

I was able to catch a little of the health care summit today, including the bit where John Boehner said that defensive medicine was the main driver of healthcare cost inflation, Obama’s response that Boehner’s claim is false, and Dick Durbin’s plea that capping damages for pain and suffering would be unfair to patients whose [...]

Nurse acquitted after sketchy legal attack by Texas good ol’ boys

One of the more bizarre legal cases that I’ve heard of came to a close yesterday when a jury took just one hour to acquit a Texas nurse who may have been a victim of malicious prosecution. A West Texas jury took but an hour Thursday to acquit a nurse who had been charged with [...]

Good news from Washington, maybe

And it’s about time. Just when I started to admit to myself that maybe the Obama administration really doesn’t stand for anything — a forgivable sentiment after watching it deal away just about everything that was worthwhile about health care reform — the President tells us that he intends to fight for commonsense banking regulations. [...]

Walking away from your mortgage: Waldman vs. McArdle

Megan McArdle and Steve Waldman have been going back and forth about the morality of walking away from underwater mortgages (via Kevin Drum).  McArdle thinks people should keep paying, and Waldman thinks they should walk away. Between the two of them, they’ve cataloged many of the likely consequences of our descent into a mutual ethos [...]