Out of touch law professor criticizes Judge Gorsuch and “originalism”

Out of touch law professor criticizes Judge Gorsuch and “originalism” The Brookings Institution has published a shockingly ignorant critique of Supreme Court nomineee Neil Gorsuch’s commitment to originalism, entitled Is Neil Gorsuch an “Originalist”? Impossible. I use the term “ignorant” advisedly as the author Richard O. Lempert, the Eric Stein Distinguished University Professor of Law and…

Out of touch law professor criticizes Judge Gorsuch and “originalism”

Out of touch law professor criticizes Judge Gorsuch and “originalism” The Brookings Institution has published a shockingly ignorant critique of Supreme Court nomineee Neil Gorsuch’s commitment to originalism, entitled Is Neil Gorsuch an “Originalist”? Impossible. I use the term “ignorant” advisedly as the author Richard O. Lempert, the Eric Stein Distinguished University Professor of Law and…

5 Things Donald Trump Should Know Before He Shuts Down The Legal Marijuana Industry

5 Things Donald Trump Should Know Before He Shuts Down The Legal Marijuana Industry Marijuana, like alcohol, can regulated, taxed and used in moderation by adults who choose it, like a glass of wine with dinner.  The burgeoning legal cannabis industry wants Donald Trump to know five critical benefits to marijuana legalization.  Law and Order:…

Judge rejects warrant provision allowing compelled thumbprints to unlock iPhones

Judge rejects warrant provision allowing compelled thumbprints to unlock iPhones A federal magistrate judge in Chicago has rejected a request by the government for a provision in a search warrant that would authorize agents to compel people present to unlock seized phones using biometric readers. I think the judge was right to reject the provision,…

Eleventh Circuit en banc strikes down restriction on doctors’ speech to patients about guns

Eleventh Circuit en banc strikes down restriction on doctors’ speech to patients about guns A Colt Mark IV Government Model 45-caliber handgun, pictured with ammunition. (Paul Buck/European Pressphoto Agency) encoYesterday, judges on the U.S. Court of Appeals for the 11th Circuit struck down much of the Florida law that restricted doctors’ speech to patients about guns. The…

Liberal UC Berkeley law professor Dan Farber on Neil Gorsuch

Liberal UC Berkeley law professor Dan Farber on Neil Gorsuch Supreme Court nominee Neil Gorsuch. (Drew Angerer/Getty Images) From Politico’s mini-symposium on the Gorsuch nomination, an item by Professor Dan Farber, a noted liberal constitutional law and environmental law scholar (and one who, unlike me, has no longstanding friendship with Gorsuch): Based on what we…