Unkategorized

unkategorized — Mon, 23 Jan 2012 04:33:29 +0000

II. Supreme Court Review of State Court Judgments

A. Federal issue in the case

B. Final judgment

C. Ruling from the highest state cuort that would have issued the judgment

D. There is no independent and adequate state ground on which the decision is based (i.e. if S. Ct. can avoid reviewing state high court judgments by looking for sufficient state legal basis, it will).

1. “Independent” state grounds: state law does not depend on any federal law or standard.

2. “Adequate” state grounds: No matter how the federal issue in the case is decided, the outcome will still be the same under the state law.

E. ABSTENTION

1. If state law is settled or unclear, fed courts won’t hear it.

F. POLITICAL QUESTION

1. Fed courts will not decide nonjudiciable questions, i.e., questions committed to another branch.

2. i.e., Fed cts will not decide a question that lacks judicially discoverable standards.

3. Ex.

a. Guaranty clause Q’s.

b. Foreign affairs or military command decisions

c. Most Q’s involving delegates

d. Election and qualification of members of Congress

e. Q’s re impeachment and removal process

G. Other grounds for SCOTUS jurisdiction

1. Most cases come through writ of certiorari

2. Direct appeals from en banc (3-judge) federal district court decisions (by statute)

3. Original and exclusive jurisdiction for:

a. Suits between states

b. Suits involving ambassadors, public ministers, consuls

H. Lower court federal review

1. May NOT hear cases against the states (SCOTUS has automatic original jurisdiction in those cases.

2. See 11A.

I. 11th Amendment

1. 11A Rule: A private party cannot sue a state in federal court, UNLESS

a. Explicit waiver (state clearly consents)

b. The right is incorporated through Sec. 5 of 14A and thus congs has given explicit authority for suit against state.

c. Suits by federal gov’t against state –> Rule: 11A only bars suits by private inds against state, it does NOT bar other gov’ts from suing state.

d. Suit comes under the Bankruptcy Act.

2. Federal court CANNOT enjoin pending state court proceedings

3. NB: Suits against state officials ARE allowed for injunctive relief and for private damages, but NOT for retroactive damages paid by state gov’t.

II. Legislative Power

A. General rules

1. Congress ONLY has express or implied powers from constitutionally enumerated powers.

2. Congress has NO federal general police power.

3. Congress has NO power to act for the general welfare.

4. Generalized powers that DO come from v broad interp of implications:

a. “MILD”: Military, Indian reservation, Federal lands, and DC.

5. The N&P clause NEVER grants power, when standing alone.

B. Commerce power

1. Commerce Clause grants Congs the power to regulate. Under this clause, Congs can regulate almost anything.

2. Under ICC, Congs can even regulate local and intrastate issues if they substantially affect interstate commerce, even if only when repeated by many people (“Cumulative Effects doctrine”).

a. Even in such purely intrastate Q’s like prohibiting racial discrimination by private restaurants in remote areas — there’s $ changing hands; restaurant dollars are nationwide.

3. AVENUES FOR POWER UNDER COMMERCE CLAUSE

3. Limitations on Commerce Power

a. Congress cannot force states to enact laws.

b. Congress cannot “commandeer” state regulatory agencies and force them to enforce federal law.

****BUT NOTE: Congress can ”bribe” states w promises and grants. It just cannot force their hands.****

c. Economic activities that are too attenuated even for Commerce Clause:

i. Federal criminalization of guns in school zones was too attenuated.

ii. Federal laws regulating penalty for crimes against women was too attenuated.

ide.

3. Limitations on Commerce Power

asf

Watercolors

unkategorized — Thu, 05 Jan 2012 17:20:12 +0000

Today’s moment of Zen: Artist Ahmet Sahin paints directly onto water. It’s mesmerizing.

via Jonathan Turley — “Cezanne was a wimp.”

Tagged: Ahmet Sahin, Art, Jonathan Turley, Watercolors

Family Decals

unkategorized — Thu, 29 Dec 2011 18:44:16 +0000

Today’s xkcd:

The hovertext: “My decal set has no adults, just a sea of hundreds of little girl figures closing in around a single cat.”

Quoted: Scott Rothstein

unkategorized — Thu, 29 Dec 2011 12:52:29 +0000

“You don’t want to have marijuana dealing from the middle of your law office because I was running a giant Ponzi scheme out of there.”

– Scott Rothstein, convicted Ponzi schemer and disbarred attorney, commenting during a deposition about his attempts to stop former Rothstein Rosenfeldt Adler employees from dealing drugs in the office.

Via Above the Law.

Would you…

unkategorized — Wed, 28 Dec 2011 22:54:41 +0000

@KenJennings: “Ethical dilemma: If you could go back in time and strangle baby Hitler in his crib, would you draw a little Sharpie mustache on him first?”

Ken Jennings

Tagged: Funny, Jeopardy, Ken Jennings

Miami gets it

unkategorized — Tue, 27 Dec 2011 17:27:18 +0000

Miami graffiti artists get it:

Wynwood: Obama as Bush

Tagged: Art, Bush, Graffiti, Miami, Obama, Politics, Wynwood

Wynwood

unkategorized — Thu, 08 Dec 2011 05:10:04 +0000

Wednesday night in Miami’s arts district. Almost all of the galleries are closed, but caught this great shark.

Tagged: Art, Basel, Miami, Shark, Wynwood

Urban Art

unkategorized — Sun, 04 Dec 2011 23:15:37 +0000

Wynwood is kind of an urban art kibbutz. Everything is public and open, and everything gets washed over and monthly restarted from scratch.

Here are some artists climbing the walls getting a mural ready for the Basel onslaught (and as a bonus one corner of my better half’s head).

Tagged: Art, Basel, Miami, Mural, Street art, Urban, Wynwood

Art Basel

unkategorized — Fri, 02 Dec 2011 15:07:02 +0000

Baaasel

Capitalism in context

unkategorized — Mon, 31 Oct 2011 15:05:19 +0000

Tagged: Capitalism, Context, Economics

Let the wrong one in

unkategorized — Wed, 15 Jun 2011 18:08:56 +0000

If you can’t be with the one you love, love the one who’s nonthreatening to your pathetic self-worth and low self-esteem:

“Hot or Not? Why Women Shouldn’t Pick Attractive Husbands“

Tagged: HuffPo, Looks, Marriage, Relationships

Obama didn’t kill Osama.

unkategorized — Tue, 03 May 2011 20:01:52 +0000

“Obama didn’t kill Osama. A Navy SEAL did, who, less than a month ago, Obama was debating whether to pay at all.” – a Marine

Tagged: Al Quaeda, Economics, Marines, Obama, Osama, Seals