May 16, 2008
The Anonymous Justice Souter
Justice Souter has a reputation of avoiding the spotlight in an age when justices write autobiographies, go on book tours, and give interviews. Recently Bloomberg.com posted an interesting piece, Souter Protects Anonymity as Court Colleagues Seek Spotlight. Apparently, Justice Souter can walk out the front door of the Supreme Court Building following a session without being identified. This article also has a great discussion of Justice Souter’s demeanor both on and away from the Court, including some enlightening comments by some of his former law clerks.--Counseller/md
May 15, 2008
Who Would the Presidential Candidates Bring into the Justice Department?
With the presidential election less than six months away, each of the three presidential candidates is considering who they would bring into the Justice Department. Last week, Senator John McCain released a list of 48 legal advisers and has been trying to rally conservatives by talking about the type of judges he would appoint. If one of the Democratic candidates wins the presidency, the Justice Department may look a lot like it did when Bill Clinton was president. The chief legal advisors for both Senators Obama and Clinton were tops officials in the Justice Department during the Clinton administration. If you subscribe to Legal Times, you can view Pedro Ruz Guitierrez’s article, What the Candidates Have Planned for the Justice Department, here. If not, a snapshot of each candidate’s key issues is available here.--Counseller/nm
May 14, 2008
On Monday, the Supreme Court was forced under 28 U.S.C. § 1 to affirm the Second Circuit’s decision in American Isuzu Motors, Inc.v. Ntsebeza and allow South African citizens to proceed in a lawsuit against American and foreign corporations. The corporations asked the Court to reverse the Second’s Circuits decision that the suit could proceed under the Alien Tort Statute. However, Justices Roberts, Breyer, Alito, and Kennedy recused themselves, depriving the Court of the required six-justice quorum. For more on this issue, click here to see Tony Mauro’s piece in the Legal Times, High Court Allows Apartheid Case to Proceed.—Counseller/nc
May 13, 2008
Claim Preclusion and the Contract Disputes Act of 1978
You may have noticed the case of Phillips/May Corp. v. United States thanks to the folks over at the Appellate Review Blog, but, if not, here is a link to the decision out of the Federal Circuit on whether the Contract Disputes Act of 1978 ("CDA") alters the normal res judicata prohibition on claim splitting. The court held "Congress definitively rejected the idea that the CDA was abrogating the doctrine of claim preclusion and permitting the splitting of claims based on the same set of transactional facts."--Counseller/jm
May 12, 2008
Making His Case?
So why did Justice Scalia co-author and promote a book on legal persuasion? Here Dahlia Lithwick discusses on Slate.com (with a different version in this week’s Newsweek) what she sees as the possible motivation for Justice Scalia’s book and the subsequent media tour.--Counseller/jm