In today's Washington Post, Douglas T. Kendall and
Timothy J. Dowling have an op-ed in which they describe California
supreme court justice Janice Rogers Brown, now a nominee to the D.C.
Circuit, as openly support[ing] a return to the era of
Lochner. There are some interesting Brown quotations
There
are similar sounding things (though not those exact quotes) reported in the
People for the American Way's brief against Brown's confirmation, which cites
unpublished speeches she gave to various organizations and which were on file
with the Senate Judiciary Committee. The PAW report
In my forthcoming book on constitutional law (Saying What The Law Is: The
Constitution in the Supreme Court) which is now approaching page proofs I
make assertions about a) the number of words in the Constitution, and b)
the number of justices who have sat on the Court since its beginning. I did
a
Now that the Ninth Circuit has announced it will hear the case en banc,
with oral arguments, I have a question: Do any other circuits have an en
banc procedure using a panel system rather than the whole court? If they
do, does that mean there is a tendency to grant more en banc petitions (on
the
I notice the order says that the decision is not to be cited as precedent
to not only the Ninth Circuit, but any district court in the Ninth Circuit.
Under Ninth Circuit procedure, does this include not being cited to the
district court that refused to stay the election? If so, is this the
28 USC 46(c) provides that an in banc court consists of all circuit judges
in regular active service, but has an exception for circuit that have more
than 15 active judges, which can, by local rule, have smaller in banc
panels. See Public Law 95-486.
The only court of appeals, other than the 9th
No, I don't think so, because the mandate has not issued (or effectively was
recalled). In the absence of issuance of the mandate, the panel's opinion
has no effect on the parties, I think. Per Judge Thomas's order of Sept. 16,
the mandate is not to issue except on further order of the court (as I
The comment to the circuit rules indicates that the ban on citation applies
to all en banc review.
-Original Message-
From: Scarberry, Mark [mailto:[EMAIL PROTECTED]
Sent: Friday, September 19, 2003 12:46 PM
To: [EMAIL PROTECTED]
Subject: Re: CA9 takes case in banc
No, I don't think so,
Have them read The Founding Brothers by Joeseph Ellis.
Gary Allison
At 06:05 PM 9/18/2003 EDT, you wrote:
Thanks very much.
Bobby Lipkin
Widener University School of Law
Delaware
--
Gary D. Allison
Professor of Law
University of Tulsa College of Law
3120 E. 4th Place
Tulsa, Ok
