Sep

20

A Republican Form of Government

Posted by: | September 20, 2009 | 4 Comments

On September 17, I participated in the Constitution Day program at the Law School.  All of the presenters were asked to discuss one part of the United States Constitution that is often overlooked.  My choice was the “republican form of government” clause, Article IV Section 4, which reads as follows: “The United States shall guarantee [...]

Sep

19

Seventh Circuit Criminal Case of the Week: What Can Be Inferred From a Lie?

Posted by: | September 19, 2009 | Leave a Comment

When a person is caught in a lie, we normally assume that he is covering something up.  But, if a defendant in a criminal case lies on the witness stand, is it fair to assume that he actually did what he was accused of doing?  Such was the question in United States v. Edwards (No. 08-1124). Edwards was [...]

Sep

18

Samuel Johnson’s 300th Birthday

Posted by: | September 18, 2009 | 5 Comments

Today is Samuel Johnson’s 300th birthday. After nine years of work, Samuel Johnson published a major dictionary of English words in 1755.  One of the key features of A Dictionary of the English Language was that Dr. Johnson used quotations from books where a particular word was used to illustrate the word’s meaning. Why should [...]

Sep

18

Myles Brand and the Illusion of Reform

Posted by: | September 18, 2009 | 4 Comments

Although NCAA president Myles Brand has just passed away, it is not too early to comment on his legacy in the world of big-time college sports.  When he was appointed to his position in 2002, those who believed that the NCAA was in need of serious reform were delighted.  Brand was then president of the [...]

Sep

18

Mastering the Art of Legal Writing

Posted by: | September 18, 2009 | Leave a Comment

Wednesday night I went to see the movie Julie & Julia, which is about a writer, Julie, who blogs about working her way through chef Julia Child’s famed cookbook, Mastering the Art of French Cooking, in one year.  I loved everything about the movie, and as such, I’m starting off this blog post with a discussion [...]

Sep

17

A Good Crisis and an Opportunity: The Lessons of Catholic Social Teaching

Posted by: | September 17, 2009 | 7 Comments

In conjunction with some papers that I am completing, I have been thinking a lot about the Catholic notion of subsidiarity and what how it may inform our thinking about proposed expansions of the state in response to various “crises,” e.g., the financial seizure, global warming and perceived flaws in the delivery of health care. [...]

Sep

17

Gableman Prognostication

Posted by: | September 17, 2009 | 3 Comments

Yesterday a three judge panel heard oral arguments on the disciplinary complaint against Justice Michael Gablemen. You can review the offending ad here and my recent discussion of it on Prawfsblawg there. There are two rules that are pertinent. The first sentence of 60.06(3)(c) provides “[a] candidate for a judicial office shall not knowingly or [...]

Sep

16

Constitution Day

Posted by: | September 16, 2009 | Leave a Comment

The most inspiring of holidays grow out of a society’s history and culture, but modern governments are also prone to “manufacturing” holidays for ideological reasons.  Constitution Day is the latter type of holiday.  It has prompted no shortage of interesting academic programs and presentations, including the panel in the Law School on September 17, 2009.  [...]

Sep

16

Baucus Healthcare Bill Falls Short on Public Option, Employer Mandates, and the Effective Date for the Legislation

Posted by: | September 16, 2009 | 2 Comments

In what will certainly be the news of the day, the Senate Finance Committee Chairman, Max Baucus (D-MT), released his version of the national health care reform bill. Although there are many interesting provisions in the Baucus Bill, including a requirement that individuals have health insurance coverage, the establishment of a health care exchange, proposed [...]

Sep

15

Wisconsin Featured in NYT as Indicator of Economic Recovery

Posted by: | September 15, 2009 | Leave a Comment

From Saturday’s New York Times, Peter Goodman’s “In Wisconsin, Hopeful Signs for Factories.” A taste: At the Rockwell Automation factory [in Mequon], something encouraging happened recently that might be a portent of national economic recovery: managers reinstated a shift, hiring a dozen workers. After months of layoffs, diminished production and anxiety about the depths of [...]

Sep

14

Another Win for Veoh

Posted by: | September 14, 2009 | Leave a Comment

On Friday, the district court in UMG v. Veoh granted summary judgement in favor of Veoh. Decision here, courtesy of Copyrights & Campaigns. UMG, a record label, had sued Veoh, a site hosting user-posted videos, claiming infringement of its music videos. UMG is the second decision to come down on the issue of the responsibility [...]

Sep

14

More on Literary Characters and Copyright Law

Posted by: | September 14, 2009 | 1 Comment

This blog has seen an extended discussion on the topic of literary characters and copyright law.  It began with my post here, discussing the ongoing court case brought by J.D. Salinger over the unauthorized use of his Holden Caulfield character from The Catcher in the Rye, (Salinger v. Colting) and using a comparison to the [...]

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