• How do US Supreme Court justices get appointed? – Peter Paccone
    Articles,  Blog

    How do US Supreme Court justices get appointed? – Peter Paccone

    There’s a job out there with a great deal of power, pay, prestige, and near-perfect job security. And there’s only one way to be hired: get appointed to the US Supreme Court. If you want to become a justice on the Supreme Court, the highest federal court in the United States, three things have to happen. You have to be nominated by the president of the United States, your nomination needs to be approved by the Senate, and finally, the president must formally appoint you to the court. Because the Constitution doesn’t specify any qualifications, in other words, that there’s no age, education, profession, or even native-born citizenship requirement, a…

  • Consumers Lose As Republicans PACK Courts With Corporate Judges
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    Consumers Lose As Republicans PACK Courts With Corporate Judges

    Barack Obama left office with more than a hundred vacancies on the federal courts and Donald Trump and the new Republicans in the Senate did not waste any time filling these seats. But who’s picking these judges and what do they have to gain from these appointments? Joining me to answer that question is Farron Cousins from the trial lawyer magazine. Farron, this, if you take a look at this case, at this situation, I think 15 years ago on Ring of Fire, we started talking about the idea that the Democrats were paying so much attention to social issues. You know, is this judge, is this judge good on…

  • UOG Presidential Lecture Series – Paul Smith
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    UOG Presidential Lecture Series – Paul Smith

    Hafa adai! All right. Good evening. Buenas noches. And I feel like I’m in trouble with seeing all these people from the legal community here and it’s an honor and a privilege to see so many who are amassed here this evening. It’s my honor and privilege to introduce to the University of Guam and the broader Guahan legal community tonight’s presidential lecturer Attorney Paul Smith. He’s currently on the faculty of the Georgetown University School of Law. He brings over 30 years of legal experience, graduated from Amherst College in 1976 and received his law degree from Yale Law School where he served as editor in chief of the…

  • Edward Whelan: Scalia and Gorsuch on Chevron Deference
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    Edward Whelan: Scalia and Gorsuch on Chevron Deference

    The argument that Justice Scalia embraced in a noteworthy 1989 Law Review article, is that it was important and valuable to have a default rule so the courts weren’t always trying to figure out, right at the beginning, what do we do with this statute? Is this a statute that calls for us to defer it to the agencies or not? He emphasized that Chevron was not, by any means, constitutionally mandated. He believed that there was value in having a clear rule up front for Congress to choose to depart from if it wanted to, to, for the courts to have a clear rule to apply in reviewing agency…

  • Rimini Street v. Oracle: The Decision [SCOTUSbrief]
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    Rimini Street v. Oracle: The Decision [SCOTUSbrief]

    In Rimini Street versus Oracle, the court addressed whether the phrase ‘full costs’ in the Copyright Act allows for a party to recover those costs of pretty much every imaginable litigation expense, or if it referred to a specific set of costs allowed for under federal law. On the one side, you had Oracle which is a giant software company, and on the other side, you had Rimini Street which sells its services to customers who have previously purchased Oracle software. Oracle sued Rimini Street in Nevada Federal District Court alleging that Rimini Street had infringed a number of Oracle’s copyrights for its software. This case ended up at the…