law

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.

Books I found helpful during the first year of law school (1L)

Last summer and fall, I did a bit of research to try and identify books and study aids that might be helpful during my first year of law school.  There are hundreds of products out there, and some are considerably more useful than others.  I wanted to put together a list of the books I found to be most valuable for any incoming law students (or self-educators interested in reading about law) who might be interested:

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.