This Article explores a basic question of precedent formation: When a majority of the Supreme Court cannot agree on a rule of decision, can the Court nonetheless create a precedent? Under the Marks rule, the answer is yes: a fragmented Court decision stands for the “position taken by those members who concurred Read more…
ETHICS If your judge is your Facebook friend, should that be disqualifying? A judge’s Facebook friendship with an attorney is not a legally sufficient basis to disqualify the judge from that attorney’s case, a sharply divided (4-3) Florida Supreme Court has ruled in a decision that produced three different opinions Read more…
I ran across this article in the ABA Journal and found it very interesting. “One hundred years ago, modern First Amendment jurisprudence was born with an opinion called the “great dissent.” Justice Oliver Wendell Holmes—along with Louis Brandeis—dissented in a case called Abrams v. United States, a case involving five Read more…