NASA v. Nelson and Public Employee Informational Privacy

4United States Supreme Court 112904 Yesterday, the United States Supreme Court heard oral argument in the public employee informational privacy case of NASA v. Nelson (oral tanscript here). Rather than reinvent the wheel on this one, I want to direct reader’s to Prof. Lior Strahilevitz’s (Chicago Law) excellent analysis of the oral argument on PrawfsBlawg.

Here are some highlights: 

Having read the transcript, it seems likely that the Court will reverse the Ninth Circuit and hold that the government may ask open-ended questions as part of a security clearance process for government employees. Beyond that, though, very little is clear . . . .

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Lawyers and Happiness (And a Little Bit of Virtue Ethics)

Most of the lawyers I know are happy to be lawyers.  They take pride in their work, and they feel good about their role in the justice system.  Life as a lawyer isn’t easy, but it’s rewarding and fulfilling.

But it seems like there’s a perception that has intensified in the past decade or so that lawyers are miserable—that we feel alienated from the profession and that justice rarely plays a role in our tedious, all-consuming work.  There’s a stereotype of a “soulless” lawyer who works to pay off debt or make more money but who feels no satisfaction with the job.    I’m not sure how true this stereotype is (see above), but it’s prevalent and widely discussed.  (Raise the Bar:  Real World Solutions for a Troubled Profession is an interesting book published by the ABA that contains multiple essays exploring the “miserable lawyer” question.)  I want my law students to become lawyers who are happy in their chosen profession, and this blog seems as good a place as any to consider happiness and lawyering.

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Heck and Esenberg: What’s Worse, Campaigning or Campaign Reform?

For Jay Heck, the disease needs a cure. For Rick Esenberg, it’s doubtful there is a disease and, even if there is, the cure is worse.

If Tuesday’s “On the Issues with Mike Gousha” program at Eckstein Hall had been a meeting of foreign diplomats, the statement afterward would have described the session as “cordial but frank.”  Two of the most prominent Wisconsin voices in the debate about whether to and how to regulate money spent on political campaigning presented their views with wit and warmth, but with no masking their widely different positions.

Heck, executive director of Common Cause Wisconsin, said elections in Wisconsin and nationally had devolved over the last several decades and regulation of election spending was a matter of restoring confidence in the political system.

Esenberg, a professor at Marquette University Law School and an attorney involved in a case currently challenging regulatory plans in Wisconsin, did not accept that the damage being done by current levels of spending was so serious. Limiting free speech related to elections presents, among many things, a constitutional problem and is a bad idea that often has unintended negative consequences. 

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