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The Latest Breaking News from the Seventh Circuit

Short Circuit: An inexhaustive weekly compendium of rulings from the federal courts of appeal

Brotherly crooks, dueling bourbons, and a law from 1785.

Reason

Seventh Circuit Rules Against Trump's Use of National Guard in Chicago

The Court of Appeals unanimously refused to stay a trial court ruling against Trump, signaling the judges believe his use of the Guard is illegal.

Reason

School Allowed to Fire Teacher Whose Criticisms of School Policy Led to "Disruptive" Criticism and Insults from Public

From Tempel v. School Dist. of Waukesha, decided Sept. 29 by Magistrate Judge Nancy Joseph (E.D. Wis.): Tempel was employed… The post School Allowed to Fire Teacher Whose Criticisms of School Policy Led to "Disruptive" Criticism and Insults from Public appeared first on Reason.com.

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Some Things We Learn From Justice Barrett's New Book

Chapter 4 on "Deciding a case" offers some insights that we didn't know, or at least didn't know for certain.

Reason

Does A Supreme Court Justice Have To Move To The Swamp And "Burn The Boats"?

I've long thought it would be positive if Justices maintained their primary residences outside of D.C.

Reason

President Trump Will Nominate Rebecca Taibleson to the Wisconsin Seat in the Seventh Circuit

President Trump has nominated Rebecca Taibleson for the Seventh Circuit seat in Wisconsin that was previously held by Judge Diane… The post President Trump Will Nominate Rebecca Taibleson to the Wisconsin Seat in the Seventh Circuit appeared first on Reason.com.

Reason

Seventh Circuit Upholds Indiana Alcohol Laws Without a Majority Opinion

After one judge died, the two remaining judges could not agree on why the state should prevail.

Reason

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"If Doe Wishes to Use Judicial Proceedings" "to Seek Relief from … Defamat[ion],"

"he must do so under his true name and accept the risk that certain unflattering details may come to light over the course of the litigation."

Reason

No Pseudonymity for Illinois Ex-Med Student Suing Under Title IX to Challenge Dismissal for Sexual Misconduct

The Seventh Circuit is generally much more hesitant than courts in other circuits to allow pseudonymity in such cases.

Reason

Second Amendment Roundup: U.S. Files Amicus Brief in Illinois Rifle Ban Challenge

Brief argues that no “militaristic” arm exception exists.

Reason

See, I Told You So About Justice Barrett

Justice Barrett compares the Constitution to Odysseus. But I feel like Cassandra.

Reason

Transcendental Remediation: $2.6M Settlement in Lawsuit Over Chicago Public School Transcendental Meditation Program

The ABA Journal (Debra Cassens Weiss) reports on the settlement (in which "defendants did not admit liability"): The lead plaintiff… The post Transcendental Remediation: $2.6M Settlement in Lawsuit Over Chicago Public School Transcendental Meditation Program appeared first on Reason.com.

Reason

Black Student Expelled for Sexual Assault of White Classmate Seeks Pseudonymity Partly Because "Interracial Sexual Relationships …

between White women and Black men are the subject of heightened prejudice and violent responses that create a tangible risk of retaliation and animus against him."

Reason

What Should Trump's Circuit Nominees Look Like?

When President Trump's first term began, he inherited a slew of circuit court vacancies. However, for his second term, there… The post What Should Trump's Circuit Nominees Look Like? appeared first on Reason.com.

Reason

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The Next Best Defense Of Justice Barrett: She May Disagree With Justice Thomas A Lot, But You Better Learn To Deal With It, Because She Will Be Here For A Long Time

On Monday, I wrote about Mike Fragoso's defense of President Trump's decision to appoint Justice Barrett. Fragoso has now published… The post The Next Best Defense Of Justice Barrett: She May Disagree With Justice Thomas A Lot, But You Better Learn To Deal With It, Because She Will Be Here…

Reason

Is There a Right to a Jury Trial for Death on the High Seas Act Claims Not Designated as Admiralty Claims?

Retired Judge Gertner and I have filed an amicus brief in support of certiorari to answer the question, which has important important implications for admiralty jurisdiction.

Reason

Professor Can Continue with First Amendment Claim Over Denial of Raise for Including Expurgated Slurs on Exam

The Seventh Circuit so held yesterday; the case also involved other controversial statements besides the expurgated slur.

Reason

Judicial Misconduct Complaint Against Judge Vaden For Columbia Boycott Referred to Seventh Circuit's Judicial Council

The Fifth and Eleventh Circuits already dismissed similar complaints, but the Chief Judge of the Court of International Trade asked the Chief Justice to refer it to another circuit, and Roberts did so.

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In the Seventh Circuit, Procedural Red Herrings Threaten the Second Amendment

The Seventh Circuit heard oral argument on November 12 in Viramontes v. County of Cook, Illinois, a challenge to Cook… The post In the Seventh Circuit, Procedural Red Herrings Threaten the Second Amendment appeared first on Reason.com.

Reason

Lower Court Decisions on Pseudonymity Are Chaotically Split

I thought I'd pass along portions of the friend-of-the-court brief that three other law professors and I (four of the very few academics who have written on the law of pseudonymous litigation) put together in support of a certiorari petition in Doe v. Trustees of Indiana Univ. This Part explains…

Reason

Court Lets Plaintiff Suing Over "Pro-Hamas Demonstrations at Northwestern" Proceed Pseudonymously

Plaintiff had alleged that being publicly identified would put him at risk of physical harm.

Reason

Banana Splits

I appreciate the replies from Orin, Will, and Sam. We have very different conceptions on what role a scholar should play and what role a judge should play. My writings in this area are both retrospective and prospective. I look backwards to see what qualifications a judge had at the…

Reason

The Goal Of The "Architects of the Supreme Court" Was Always Overruling Chevron, and not Overruling Roe

McConnell: "Dismantling the administrative state and empowering people who are actually elected to make decisions has been the motivating force" for nearly every "Federalist Society-type lawyer."

Reason

Justice Thomas Argues the Court Should at Some Point Consider Whether "Assault Weapons" Bans Violate Second Amendment

Justice Alito takes a similar view, but, at least in this case, this view didn't get the four votes necessary to grant review.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Frothy fonts, unprofessional death threats, and books about butts and farts.

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