In the big legal news, SCOTUSblog and the Volokh Conspiracy are all over the US Supreme Court medical marijuana decision in Ashcroft v. Raich, which basically holds that the federal government has jurisdiction to determine medical marijuana policy, and overrules the Ninth Circuit's (for non-lawyers, read: California) opinion, that the federal Controlled Substances Act of 1970 exceeded Congress's power when applied to noncommercial marijuana consumed for medical use pursuant to a doctor's recommendation. SCOTUSblog is hosting in-depth analysis:
We're going to try an experiment here. Obviously, there is and will be a great deal of discussion of Raich in the blogosphere. For the sake of reader convenience, and in order to stimulate a wide-ranging discussion, we are going to host here a conversation among several of the principal constitutional law bloggers, along with other academic and practitioners who have been following and writing about Commerce Clause doctrine. Some of the participants may cross-post on their own blogs, which we encourage. We're hoping that the conversation continues throughout the week, but if turns out to be shorter or longer than that, that's fine, too.
Our conversants will likely include bloggers Ann Althouse, Orin Kerr, Larry Solum, Mark Tushnet and Eugene Volokh, along with possible occasional posts from me and Tom and Prof. David Barron, and a few others from whom we're still waiting to hear.
First, Orin Kerr discusses Raich as Constitutional Law Doctrine; Tom Goldstein responds here and Marty Lederman responds here. Kerr then expands his thoughts on the Rehnquist Court and Symbolic Federalism. Mark Tushnet weighs in on understanding the opinion. Ann Althouse raises the question: should the reason for using homegrown marijuana make a difference in Congress' commerce power? There's even a visual guide to the votes.
On the Volokh Consipracy, Kerr posts the key sections in the Raich decision, and David Bernstein posts his initial analysis.
Kris from Anywhere but Here and Overlawyered both point out this story:
Warning: Long, pointy knives may be hazardous to your health.
The authors of an editorial in the latest issue of the British Medical Journal have called for knife reform. The editorial, "Reducing knife crime: We need to ban the sale of long, pointed kitchen knives," notes that the knives are being used to stab people as well as roasts and the odd tin of Spam.
The authors of the essay - Drs. Emma Hern, Will Glazebrook and Mike Beckett of the West Middlesex University Hospital in London - called for laws requiring knife manufacturers to redesign their wares with rounded, blunt tips.
the NY Times version is here, (username:randommentality / password:password).
Did you catch Fitz-Hume's confessional last week 'Pot holes and pitfalls on the road to becoming the man in the designer jeans?' Think twice about stereotyping that man at the makeup counter.
The Iowa Porkforest has a couple of new items up on the proposed Fake Rainforest in Coralville, here and here.
NOTE to future lawyers: regardless of what you may have heard, being a porn star can actually have a negative impact on your career. So can surfing porn at work.
Pierre Pierce's attorneys believe that the word "victim" is a loaded adjective that will inevitably prejudice their client. Whereas the words "complaining" and "accuser" are completely neutral.
If you're not bothered by spoilers, it is fun to read this Slashdot article about easter eggs in Revenge of the Sith before you hit the theater, if for no other reason than to catch a glimpse of the Millenium Falcon as an anonymous ship in the docking scene at the senate. I'll refrain from posting on the rest of the movie, as I don't share the general opinion that it was good. (I haven't liked any of them much since the first one or two.)
Have you seen "Have Opinion, Will Travel"? The blurb alone is worth a visit:
Appellate judges sit above the fray as the battle unfolds beneath. When the smoke clears and the dust settles, they descend from their lofty perches and shoot the wounded.
The meaning behind the title of the blog:
Basically, my job as an appellate judge involves writing legal opinions (opinions are one thing I am never short of) and the nature of my court is that I travel a bit to sit in several locations around my state. Also, as a kid I was a big fan of "Have Gun, Will Travel", a television western that ran on CBS from 1957 to 1963 (OK, I know I'm dating myself) and starred Richard Boone.
While I was on the road last week I heard a story on the radio about viagra being linked to blindness. At least the Slithery D was around to highlight the masturbation issue.
Finally, David Hogberg's latest at American Spectator is getting lots of good attention. Check it out. Yep, it's right-slanty. If you want, go read Kos afterwards to balance out your karma.
Okay, this blooper is too good.
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