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Archive For Entries On (Dicta)

Amici Curiae: The Chief Speaks, Political Patronage and Banning All Divorce Edition

Just Call Me Chief Chief Justice Beverley McLachlin sat down for a fireside chat with TVO’s Steve Paikin this week. Asked how she should be addressed, McLachlin noted, in the first of several light-hearted moments, that “most people call me Chief.” (Paikin apparently missed the memo directing counsel to stop calling the justices “my lord” or “my [...]

Amici Curiae: Pardoning ‘Courage,’ Contracting Integration and Banning All Marriage Edition

With 9/11 trial, bad facts will make bad law Further to the news that Khalid Sheikh Mohammad will be transferred to New York for trial in civilian court, David Feige, writing in Slate, has turned his mind to who will defend the alleged 9/11 mastermind. “No jury on this continent is going to acquit their client, the government [...]

Amici Curiae: Googling the Law, Algorithmic Cotton Gins and The State-Always-Wins Edition

NY Trials 9/11 for Plotters Still A “State-Always-Wins” System U.S. Attorney General Eric Holder announced that Khalid Sheikh Mohammed and four other 9/11 defendants will be tried before civilian courts in New York, the city that The Christian Science Monitor calls the “terror trial capital of the US.” Salon’s Glenn Greenwald would no doubt disagree [...]

Amici Curiae: Ornery Originalism, Judicial Branding, and Autistic Juror Furor Edition

Iacobucci on Historical Redress “If anything is to be done with the Indian, we must catch him very young,” wrote N.F. Davin in an 1879 report commissioned by the Canadian federal government with the end of emulating the system of American Industrial Schools for natives. Unfortunately, the Canadian government followed Davin’s wretched advice. Slaw’s Omar [...]

Amici Curaie: Rendition Conviction, Carceral Tendencies and Galactic Legalese Edition

Italian Judge Convicts CIA Officers in Rendition Trial Judge Oscar Magi of Court of Milan on Wednesday convicted 22 former CIA agents and a U.S. Air Force colonel on kidnapping charges for the 2003 “extraordinary rendition” of terror suspect Osama Moustafa Hassan Nasr. Jurist reports that the nearly three-year trial is the first in the [...]

Amici Curiae: Badgering Counsel, Judicial References and Simian Abolitionism Edition

Supremes Drawn into Securities Fight The federal government recently pulled the Supreme Court into the middle of its spat with the provinces over whether Ottawa has the power to create a national securities regulator. “In the best courtroom manner, the Harper Conservatives are taking care to ask a question to which they already know the [...]

Amici Curiae: The American Emperor, Dead Laws and Dressing Sotomayor Edition

Sotomayor’s Sartorial Splendor The clothes make the justice, or so the White House seems to think, suggests Jennifer Forsyth over at the WSJ Law Blog. Justice Sonia Sotomayor, known for her gift of gab, told a private audience at her 30th Yale Law School class reunion that the White House tried to script her entire [...]

Amici Curiae: Cooper Redux, No Loving in Louisana and Judge Not Edition

Cooper v. Hobart, U.S. redux Two victims of Bernard Madoff, the fraudster who ran a multi-billion dollar Ponzi scheme and is now serving a 150-year prison sentence, are suing the U.S. Securities and Exchange Commission for negligence, Law.com reports. The complaint argues that the SEC had “countless opportunities to stop the Ponzi scheme Madoff operated [...]

Orly Taitz and the Boundaries of Civil Procedure

Quite possibly the single most entertaining jurisprudential moment of 2009 happened this Tuesday, when Judge Clay Land of the U.S. District Court in the Middle District of Georgia finally lost his judicial temper at the antics of Orly Taitz. Orly Taitz is now infamous for her championing of the “birther” cause, whose adherents believe that [...]

Amici Curae: Wise Women, ‘Crush’ Videos and Supreme Court Poetry Edition

Sotomayor vindicated Given the recent furor in certain quarters over Justice Sotomayor’s “wise Latina” remark, it was only a matter of time before the topic of gender and judging attracted additional scholarly gloss. A law and economics quartet has trudged through mounds of U.S. judicial data and concludes that “female judges are less qualified, based [...]