law

Recommended resources for first-year (1L) law students

After my 1L year of law school, I put together the following list of books and other resources I found helpful: (* = essential/most valuable) General: Richard M. Fischl and Jeremy Paul, Getting to Maybe: How to Excel on Law School Exams* Dennis J. Tonsing, 1000 Days to the Bar, but the Practice of Law Begins Now* Ward Farnsworth, The Legal Analyst: A Toolkit for Thinking About the Law Steven Emanuel, Steve Emanuel’s First Year Questions and Answers Randy Barnett, The Structure of Liberty: Justice and the Rule of Law LexisNexis Area of Law Outlines Black’s Law Dictionary - iPhone app version Legal Writing: Brian Garner, Legal Writing in Plain English* Ross Guberman, Point Made: How to Write Like the Nation’s Top Legal Advocates* Civil Procedure: Richard Freer, Law School Legends: Civil Procedure (audio)* Richard Freer, Civil Procedure Joseph Glannon, Civil Procedure: Examples and Explanations Arthur R.

Claim preclusion across jurisdictions: navigating the labyrinth

The Daily Journal, a newspaper for California attorneys, just published my article Claim preclusion across jurisdictions: navigating the labyrinth. I approached this article in part as a teaching and writing exercise, and as a chance to articulate some of the problem-solving methods I apply to legal questions. I did my best to simplify a complicated subject while keeping the article readable.

Condensed Ninth Circuit opinion upholding injunction on Trump's immigration ban

Here is a slimmed-down version of today’s excellent opinion from the Ninth Circuit Court of Appeals refusing to remove the nationwide injunction temporarily stopping Trump’s Executive Order on immigration. That order bars people from seven predominately Muslim countries on the basis of their nationality and religion. I explained in an op-ed yesterday why I think the order is unconstitutional. You can read the full Ninth Circuit opinion here; the version below includes most of the opinion but strips out most of the procedural discussions, including the discussions of whether the States of Washington and Minnesota had standing to sue.

Why Trump's discriminatory travel ban is unconstitutional

My op-ed explaining why President Trump’s travel ban is unconstitutional appeared today in The Independent. If you would like to be notified of future posts and publications, please subscribe to this blog by email or follow me on Twitter. Thank you for reading.

Discovering the letters of Justice William O. Douglas

I was sorting through some books in my closet yesterday, and I discovered a fantastic book which drew me away from my regular reading: The Douglas Letters: Selections from the Private Papers of William O. Douglas, edited by Melvin I. Urkofsky. William O. Douglas was a brilliant, contrarian Associate Justice on the Supreme Court as well as a transformative environmentalist and New Dealer who crusaded against rampant speculation and corruption in the financial industry.

Quotes from Hugo Black and Lon L. Fuller

Every departure from the principles of the law’s inner morality is an affront to man’s dignity as a responsible agent. To judge his actions by unpublished or retrospective laws, or to order him to do an act that is impossible, is to convey to him your indifference to his powers of self-determination. … I believe that if we were forced to select the principle that supports and infuses all human aspiration we would find it in the objective of maintaining communication with our fellows.