Weekend Round-Up

Weekend Round-Up Mar 24th 2012, 04:30 Around the Colloquia: Malick Ghachem, Maine Law, presented "The Legal History of Prisoner Voting: A View from the Northeastern United States" to his faculty's workshop. Nathan Perl-Rosenthal, USC, presented "Sailors Before the Law and the Making of Republican Cosmopolitanism" to...

CFP: ASLH-sponsored Panel @ Israeli Legal History Assn Annual Conference

CFP: ASLH-sponsored Panel @ Israeli Legal History Assn Annual Conference Mar 23rd 2012, 19:00 Via H-Law, we have the following CFP: Proposals are invited from members of the American Society for Legal History interested in joining an ASLH-sponsored panel at the Israeli Legal History Association's annual conference to be held...

Friday LinkFest

Friday LinkFest Mar 23rd 2012, 18:30 A veritable smorgasbord of interesting items: ■ First up, The Feds are starting to roll out new ObamneyCare© regulations in the hopes of answering lingering questions about implementation of this train-wreck. Methinks they will generate more questions than answers. ■ FoIB Holly R sends...

Sharfstein wins the Lukas Book Prize

Sharfstein wins the Lukas Book Prize Mar 23rd 2012, 18:19 Congratulations to legal historian Dan Sharfstein! Here's the news from Columbia University:Columbia Journalism School and the Nieman Foundation for Journalism have named the 2012 winners of the Lukas Prize Project Awards. A Vanderbilt University professor...

On the LHB Facebook Page: Welcome Winston Bowman and Colin Wilder

On the LHB Facebook Page: Welcome Winston Bowman and Colin Wilder Mar 23rd 2012, 15:38 I am pleased to announce the LegalHistory Blog's new Facebook administrators, Winston Bowman and Colin Wilder. Winston and Colin will behelping with the daily administration of the blog's Facebook page. Winston...

Medicare Part D - What You Need to Know

Medicare Part D - What You Need to Know Mar 23rd 2012, 08:58 Medicare Part D can be a snake pit if you don't understand how it works. Medicare Part...

Law and Literature at John Jay: Sen, Anastaplo, Satire and More

Labels: Conferences and Calls for Papers, Law and literature 0 comments

Next week the John Jay College of Criminal Justice will be holding its Third Biennial Literature and Law Conference. The conference runs from a keynote on the evening of Thursday, March 29--Amartya Sen’s lecture, "Law and Ideas of Justice"–and continues throughout the day on Friday, March 30. Several session will be devoted to Sen’s work; another featured speaker is George Anastaplo, Loyola University of Chicago School...

How much is the search for the tax-cut Santa responsible for many Republican fiscal polici...

Labels: 2012, senate 0 comments

Larry J. Sabato suggests that control of the US Senate could come down to eight races:Let’s assume that, at the dawn of the 113th Congress in 2013, all 67 sitting senators not up for reelection this year — 30 Democrats, 37 Republicans — return to serve next year (no departures for the Cabinet, the Court or the Great Beyond). Next, let’s also assume that the 16 races we currently favor Democrats to win go to the Blue column, and...

The Commerce Power and National Security

Labels: Congressional power 0 comments

On Balkanization, Philip Bobbit argues that the Affordable Care Act could be appropriate as a national defense measure, based on Congress’s constitutional power to tax and spend for the common defense. Although he does not make a Commerce Power argument, it is also the case that the broadest uses of the Commerce Power upheld by the Supreme...

H-Law Seeks a Web Editor

Charles Zelden, H-Law's Acting Lead Moderator, has posted the following announcement:H-Law’s webpage is out of date and needs a major overhaul. In the past, Chris Waldrep, H-Law lead moderator, was in charge of maintaining and revising H-Law’s webpage. Unfortunately, for reasons already known to the list, Chris can no longer provide this service. The H-Law editorial board is taking this opportunity to formalize...

How Not to Criticize Originalism

Labels: Originalism and the Founding Period 0 comments

Saul Cornell's posts on Originalism during his guest stint at Faculty Lounge are so over the top that perhaps they make this point on their own. But in case it needs to be said: it's not effective to paint other scholars as cartoonish with posts that are themselves cartoonish. Cornell has made important scholarly contributions in the past. He threatens his own future readership with blogging that brings...

Stupid Agent Tricks: Annuity and Jail

First, let me be clear that the (unfortunate) victim of this story, (former) insurance agent Glenn Neasham, is not stupid. From all accounts, his conduct was appropriate and aboveboard; he appears to be the victim of a vindictive and over-zealous prosecutor. The "stupid" folks here are my fellow agents, who could give lemmings a run for their money (straight off a cliff). Stephen Forman, an agent himself, sums it up nicely: "Should...

Colucci on McMahon on Nixon's Court

Labels: Courts and judges, Politics, Scholarship -- Books 0 comments

NIXON’S COURT: HIS CHALLENGE TO JUDICIAL LIBERALISM AND ITS POLITICAL CONSEQUENCES, by Kevin J. McMahon (Chicago: University of Chicago Press, 2011) is reviewed by Frank J. Colucci, Department of History and Political Science, Purdue University Calumet on the Law and Politics Book Review. Colucci begins: In Nixon’s Court, presidential...

Green, The Bible, the School, and the Constitution

Labels: 1st Amendment, Education, Religion, Scholarship -- Books 0 comments

The Bible, the School, and the Constitution: The Clash that Shaped Modern Church-State Doctrine, by Steven K. Green, the Frank H. Paulus Professor of Law and director of the Center for Religion, Law and Democracy at Willamette University, has just been published by Oxford University Press. Here's the book description:Few constitutional...

Medicare Patients Have Trouble Finding Docs

Medicare patients are having trouble finding doctors willing to treat them. Every time the government cut's doctor reimbursements for Medicare patients, the doctor has to decide if they can afford to continue treating Medicare patients.If you are on Medicare and need treatment you may run in to Dr. No . . .If you just turned 65 you may be...

Levinson to Lead ICH Summer Workshop

Labels: Constitutional studies, Lectures Workshops and Announcements 0 comments

Our friends at the Institute for Constitutional History have announced an Interdisciplinary Summer Workshop for Junior Faculty, to be held July 8-14, 2012, at Stanford, California, entitled “Assessing the US Constitution: Twenty-first-Century Responses to Eighteenth-Century Assumptions.” The workshop will be led by Sanford Levinson, the W. St. John Garwood Jr. Centennial Chair in Law, University of Texas Law School, and...

Why's the beef?

Um, Henry, shouldn't that be "where's the beef?"Not so fast.On the one hand:"The study found that cutting the amount of red meat in peoples’ diets ... could prevent almost one in 10 early deaths in men and one in 13 in women."On the other, those that survive may be happier:"Women who reduce lamb and beef in their diets are more likely to...

query: what does it mean to show a jr lien as an exception on a Title Policy

Normally a junior lien or subordinate lien would be shown on the ALTA loan policy in a special section dedicated to subordinate liens, however, if you need to show it as an exception, just add it to exceptions in Schedule B.The title insurance underwriter should be able to assist you in the proper creation of the poli...

Wood Reviews White's Law in American History

Labels: Scholarship -- Books 0 comments

The eminent historian, Gordon Wood (Brown--history, emeritus), has published a review of Ted White's new book, Law in American History, Volume 1, in The New Republic. The review, entitled "The Dream of Law," is available online to subscribers. Woods' review begins with high praise for White. He is "one of America’s...

Solidifying the Base

Labels: Mitt Romney, Tea Party 0 comments

Many parts of the "Tea Party" establishment (certain large organizations and big "Tea Party" players) have been very critical of Mitt Romney so far. That may be about to change, as the Washington Times reports:The organization that ignited the tea party as a national mass movement gave Mitt Romney perhaps his biggest victory yet, deciding to drop its opposition to his candidacy, a top executive in the group told The Washington...

Cavalcade of Risk #153: Elite Eight edition

Jason Shafrin presents this week's collection of interesting risk-related bloggetry. Take a chance and stop on by.NB: I'd like to apologize to all participants whose emails were bounced. I inadvertently mistyped the email addy (leaving off the crucial "v" in "cavrisk") and didn't catch that. Mea cul...

Ted White Q&A: Law in American History in the Scholarly Market

Labels: Historians, Scholarship -- Books 0 comments

Ted White's most recent book, Law in American History, Volume I, is the point of departure for new questions for him about his work and how it fits with related scholarship. Q: Although Law in American History, Volume I, makes unique contributions, you also cover some ground that has been covered by other works, particularly Lawrence...

Hibbitts reviews Hawke, Elite Competition and Written Law in Ancient Greece

Labels: Ancient law, Scholarship -- Books 0 comments

We have a backlog of H-Law reviews that we've been meaning to spotlight, starting with Bernard Hibbitts's review of Jason Hawke, Writing Authority: Elite Competition and Written Law in Early Greece (Northern Illinois University Press)Here's an excerpt from the review:Why did the Greeks start writing laws in the mid-seventh century BCE? Offering...

Kevin D. Williamson says that the middle class will have to give up more:Politicians in both parties (and many of my colleagues at this magazine) speak constantly of defending the interests of the middle class, but it is precisely the middle class that will have to see higher taxes or lower benefits or both if the country is to remain solvent. We could tax the rich at 100 percent and still fail to balance the budget, and the Bush...

Paul Ryan's new budget has come out. A common attack on this budget seems to be that it estimates that non-health, non-Social Security spending will be down to 3.75% of GDP by 2050. Since defense spending alone has not been under 3% of GDP since World War II, that 3.75% number may be hard to hit.Derek Thompson says that Obama's and Ryan's budgets are answering two separate questions:Ryan's budget answers the question:...

Romney romps to a big win in Illinois. He looks likely to net over 30 delegates on Santorum (43-8). Romney has nearly 50% of the delegates needed to win the nominati...

Wow....two big cheers in one day!!!! What's going on? Is sanity breaking out everywhere?

“In the past three years HUD and FHA have been busy tracking and taking action against FHA lenders that violated underwriting guidelines but with those cases beginning to ease up regulators are expected to turn to RESPA and affiliated business arrangements,” the article says.Read more in Reverse Mortgage Dai...

query: I have subdivided the property i have a Line of Credit against. what now

You need to get approval from your lender before you sell any portion of that property. What you need is called a PARTIAL RELEASE. This will remove the mortgage lien from the part you se...

Denial River

What is it with people completely ignoring reality? In this case, it's the folks at the Congressional Budget Office (CBO). Last time we checked, they'd just realized that ObamneyCare© is going to cost over $1.7 trillion to implement, or roughly double what they'd previously projected.Their current delusion is that ObamneyCare© won't lead...

can you hear me shouting and cheering...finally some logic!!!!!

The Illinois Department of Financial and Professional Regulation, Division of Financial Institutions said it has received inquiries concerning the practice of some title insurance companies and title insurance agents providing title searches without charging for those services if the transaction fails to close, and asking if such offerings are akin to illegal inducements.Responding to the...

Legal History in the News: The Importance of Wickard

Labels: Constitutional studies, Federalism, Politics, Regulation 0 comments

Today's New York Times has a great piece about the importance of Wickard v. Filburn (1942) for current legal challenges to the Obama administration's health care reform legislation. Here's a taste:If the Obama administration persuades the Supreme Court to uphold its health care overhaul law, it will be in large part thanks to a 70-year-old precedent involving an Ohio farmer named Roscoe C. Filburn.Mr. Filburn sued to overturn...

Introducing: American Doctors 4 Truth

Last year's disingenuous take on Rep Paul Ryan's stance on Medicare has given birth to a new and formidable force:Click here for more info on D...

Unintended Consequences (Part XXIV)

Our government’s attempts to control all aspects of our lives have numerous unintended consequences. In healthcare, one of these is directly related to the government’s staunch refusal to fix the Medicare Fee Schedule (which in turn affects other reimbursement arrangements) and to develop payments for medical treatments that actually cover the cost of the care being delivered: inadequately staffed medical offices.The latest news...

Bach, "Mobilization and Poverty Law"

Labels: Politics, Poverty, Scholarship -- Articles and essays 0 comments

image creditNew from Wendy Bach (University of Tennessee College of Law): "Mobilization and Poverty Law: Searching for Participatory Democracy Amongst the Ashes of the War on Poverty." Here's the abstract:In 1964, at the height of the Civil Rights Movement, the federal government launched Community Action, a program that was to be designed...

Is Dick Lugar going to be the Bob Bennett of 2012? Bennett was a popular Republican senator from Utah who was deemed too moderate for his Republican constituents, who replaced him with Tim Lee as the Republican nominee for Senate in 2010 (and who went on to win in November). Now, Lugar seems to be slipping in the polls against his Republican upstart challenger, Indiana state Treasurer Richard Mourdock. A while...

David Frum suggests that there may be economic reasons why "moderates" within the GOP have seemingly lost power over the past few decad...

Gary Rubinstein levies some criticisms of Teach-For-America founder Wendy Kopp's defense of T...

Monday Afternoon (Not So) Funny

HHS Secretary Shecantbeserious offers this gem:"Group health insurers will join with individual health insurers to fund a temporary individual health insurance reinsurance program ... officials developed the risk-management final rule and the analysis to implement provisions in [ObamneyCare©]."Well, aside from the fact that the end-game is the elimination of health insurers, the use of the term "risk management" is quite rich,...

Snyder and Barrett on Rehnquist's Lost Letter

Labels: 14th Amendment, Constitutional studies, Courts and judges, Scholarship -- Articles and essays 0 comments

Brad Snyder, University of Wisconsin Law School, and John Q. Barrett, St. John's University School of Law, have posted Rehnquist's Missing Letter: A Former Law Clerk's 1955 Thoughts on Justice Jackson and Brown, which will appear in the Boston College Law Review 53 (2012). Here is the abstract: "I think that Plessy v. Ferguson was right and should be reaffirmed." That's what Supreme Court law clerk...

1,000 Words for Mid-March

Courtesy of our friend Holly R, the real reason the President isn't talking about ObamneyCare©:[Photo courtesy of the Washington Po...

Keller to Lecture on the Obama Administration

Labels: Lectures Workshops and Announcements, Politics 0 comments

At 4:30 this Wednesday, a great historian of American politics brings his perspective to bear on the first years of the Obama administration. The event at Boston College is free and open to the public. More information is he...

ObamneyCare© Doubling Down on Campus

Dropping all pretense at rational thought, Secretary Shecantbeserious and her boss have decreed that, henceforth, university students will be supplied "free" convenience items birth control:"[Shecantbeserious] said student health plans will be treated like employees’ plans, meaning they will have to ... provide contraception without charging a copay."First, it should be noted that, contrary to popular belief, convenience items...

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