Archive for September, 2009

Today the First DCA  issued an opinion in Oken v. Williams, 1D08-3398, granting a petition for cert in case that argued that the trial court had failed to follow the law when denying a motion to dismiss for failure to comply with presuit notice in a medical malpractice action.  Basically, the plaintiff was attempting to […]

222 years later, constitution scholars find little to celebrate in founding document – News. Amazing headline from Harvard Law Record, but explains much about current elite constitutional thought, and it is worth reading from that perspective.  Thanks to How Appealing for identifying this gem.

Well, the Oral Argument was held this morning at the First DCA, and based on the questions from the Panel, it does not look good for the NCAA .   The panel did ask some questions on the FERPA, Public Records exemption issue, but the discussion seemed to be somewhat sidetracked on the fact the documents […]

Annals of Law: Bench Press : The New Yorker.  Are Obama’s Judges really liberals,? by Jeffrey Toobin.  Interesting article not so much for the topic it discusses, but for its discussion of what liberal and conservative means, and noting how the language of judicial confirmations now presumes a need for judges to use conservative descriptions […]

David B. Rivkin Jr. and Lee A. Casey: Mandatory Insurance Is Unconstitutional – WSJ.com. Newest article from WSJ discussing constitutionality of  mandatory insurance.

The briefs filed in this case at the First DCA will be attached as received.  We understand that oral argument has already been set for Friday morning the 25th in this case. We have now been sent copies of all the briefs in this case but the reply brief. Initial NCAA Brief; Answer Brief of […]

Andrew Napolitano: Health-Care Reform and the Constitution – WSJ.com. One of the core tenets of a legal conservative’s philosophy is understanding that Congress is a body of enumerated powers, and in this column Congressman James Clyburn from South Carolina demonstrates classic incomprehension on that point.  Wickard v. Filburn also gets dishonorable mention.  Wickard of course […]

In an opinion issued today in  Abbey v. Patrick, the First District denied a cert petition request from a doctor who claimed he had a valid statute of limitations defense against a medical negligence suit.  The Court held that this was not an extraordinary case deserving of cert review, and did not reach the merits […]

Nahmias adds conservative voice to Ga. high court | ajc.com. A good profile of the newest appointed Justice to the Georgia Supreme Court, a Justice who interestingly enough worked for Judge Silberman, Justice Scalia, and Justice Roberts at different points in his career.  His philosophy is contrasted with that of former Justice Sears, who was described […]

Supreme Court Transcript in the Hillary movie case here. It appears as though this decision will probably include one or more discussions of Stare Decisis when it is released, based on the lines of questioning  from the court.