That's one theory

This article in the Washington Post ("After Va.'s Losses In Court, a Flurry Of Finger-Pointing," by Jerry Markon, Saturday, September 20, 2008; Page B01) suggests that a string of successful constitutional challenges to recent Virginia statutes could be either a coincidence or the result of "the General Assembly's willingness to pass aggressive measures that are more likely to face a constitutional challenge."

It's hard to generalize from the three cited cases. On the spam statute, the majority of the Supreme Court was for it before they were against it. On the partial birth abortion statute, the Fourth Circuit has granted rehearing. The transportation funding case is the one that makes you scratch your head and wonder how they thought that would ever work.

Comparing the financial markets and the telecom markets

This article says - if you leave the telecommunications companies to their own devices on net neutrality, they will screw things up as bad as the financial companies have done, for the same reasons - because the laws are relics of the Depression era, and inadequate in the modern age to ensure some minimum protections for the public.

On arguing in the Sixth Circuit on Tuesday

All I can say is that it was really fun, arguing an appeal is about the most fun you get as a lawyer, the opportunity to see if you can for a few minutes respond effectively to sharp questions from strong judges.

In the Sixth Circuit, you are told the makeup of the panel in advance. I wondered what to do with this information. The question was reduced in scope somewhat by the fact that the panel included a brand new judge, who had not written any opinions at all, and specialized in other areas of the law during his private practice.

After court, I followed my GPS on some obscure route through Southeastern Ohio to Charleston, West Virginia, where I was supposed to have a deposition, and made it the rest of the way home yesterday.

Article by Judge Wilkinson

Legal Theory Blog has this post about an article by Judge Wilkinson of the Fourth Circuit, now available on SSRN. The title is Of Guns, Abortions, and the Unraveling Rule of Law.

On arguing tomorrow in the Sixth Circuit

It says here that the panel who will hear my argument (right here in Cincinnati) tomorrow includes Judges Clay and Kethledge, and District Judge Oliver from the N.D. Ohio.

Having requested oral argument in this Title VII case, and feeling lucky to get it, I can only hope that the opportunity to advance the case is not wasted.

And, I did eat the chili at 7th and Vine (but only a three-way).