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NINOMANIA

:: A constitutional law blog by Scalia/Thomas fan David M. Wagner, M.A., J.D., Research Fellow, National Legal Foundation, and Teacher, Veritas Preparatory Academy. Opinions expressed here are those of the author and do not reflect those of the NLF or Veritas. :: bloghome | E-mail me ::


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"Frankfurter was born too soon for the Web, but I'm sure that, had it been possible, there would have been the equivalent of Ninomania for Frankfurter."
-- Mark Tushnet
(I agree, and commented here.)


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-- Underneath Their Robes


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    [::..archive..::]
    ::

    :: Wednesday, April 19, 2006 ::
    "A CONSERVATIVE KENNEDY?"

    We mean Bobby, not Anthony -- I mean, be reasonable.

    Our law school is holding a discussion next Tuesday evening, April 25, at 6:30 in the Moot Court Room, on Michael Knox Beran's book on Bobby, The Last Patrician.

    The claim: Bobby was actually a critic of big government. Provoked? Ted, you there? Come on over!

    :: David M. Wagner 9:57 PM [+] ::
    ...
    :: Tuesday, April 18, 2006 ::
    Strengthening Chevron without dissent?

    Yesterday, the Supreme Court issued a summary opinion -- granting cert and remanding in one brief, per curiam opinion -- in Gonzalez v. Thomas. It's a refugee case, and I wish the Thomases all the best.

    Legally, I think this opinion marginally strengthens the Chevron principle, since it slams the Ninth Circus, 409 F. 3d 1177 (2005), for prematurely deciding the ultimate issue in the case, without remanding for the agency to take another whack at it. Chevron, likewise, contained language deploring the tendency of the Courts of Appeal to issue binding statutory interpretations where Congress has assigned interpretive authority to an agency.

    On the minus side, there's a glancing reference to agency "expertise," which to my nostrils points more in a Skidmore/Mead direction.

    :: David M. Wagner 7:38 PM [+] ::
    ...
    ABA Moot Court: Regent rules!

    I'll let our Associate Dean give you the news. Here's his e-mail about it; I've highlighted the names of our many winners.
    Once again, I begin this email by praising God for his blessing. He gets the glory for our successes!

    Our students won the National Appellate Advocacy Competition this past weekend! The team of Dannielle Hall (3L), Dean Scharnhorst (3L), and Andrew Baugher (2L) defeated Seton Hall in the final round to become national champions. The team also received the Best Brief award. Andrew received the sixth place National Oralist award and Dannielle received the 8th place National Oralist award.

    2Ls Trisha Festerling, Jonathan Shumate, and Seth Lowry also made an impressive showing at the tournament. The team came in 6th overall and advanced to the national quarter finals (top eight teams). Notably, they knocked out South Texas (So. Texas won the tourney last year). The team also won the 5th place Best Brief award.

    These successes place both of our teams in the top 6 teams out of 152 competing in the tournament across the nation.

    Last weekend we also had much success at the John J. Gibbons Tournament at Seton Hall. The team of Christy Murphy, Liz Munson, and Nathan Bruner advanced to the finals of the tournament. Liz and Christy received the 1st and 2nd best oralist awards based upon their performances in the preliminary rounds.
    I'd like to add a personal note of congratulations to Dannielle, who did an independent study with me; to Dean, with whom I worked on the Law Review; and to Liz, who was for a while my research assistant and pulled together an awful lot of early cases on parents and schooling!

    :: David M. Wagner 7:25 PM [+] ::
    ...
    Happy Easter!

    In last Sunday's Wizard of Id cartoon, the "Padre" (a Franciscan, it seems) tries to get the king to come to church.

    KING: What for?
    PADRE: It's Easter.
    KING: We're having a big egg hunt at the palace.
    PADRE: Why? You ran out of big eggs?

    Well, the king does go to church, see, but he kind of makes a mockery of it by wearing a bunny suit. So the Padre goes to the egg hunt -- carrying a big ol' gun.

    :: David M. Wagner 7:20 PM [+] ::
    ...
    :: Monday, April 10, 2006 ::
    To my Criminal Law students: time for The Carrier's Case:

    That Judge Bryan is really a crazy clown.
    When will he learn that there’s larceny goin’ down?
    Woad Runner, Woad Runner, where have you gone to sulk?
    If not intent, then we’ll get you for breaking bulk.

    Woad Runner
    The Sheriff is after you
    Woad Runner
    If it’s larceny you’re through!

    Woad Runner, Woad Runner, did he have possession? Yes!
    So then no larceny – no, take another guess.
    Woad Runner, Woad Runner never burgles anyone --
    Just rummaging through stuff is his idea of having fun!

    Woad Runner
    The Sheriff is after you
    Woad Runner
    If it’s larceny you’re through

    :: David M. Wagner 8:07 PM [+] ::
    ...
    :: Saturday, April 01, 2006 ::
    Wall Street Journal makes it official: George Mason U. rocks! From the article by Brendan Miniter:
    Mason began as an extension of the University of Virginia in 1957 and became independent 15 years later. Such relative youth is a clear advantage. The school came into its own after the 1960s generation passed through the halls of higher education. Student protest, and the effort to appease it, never became part of its culture.

    George W. Johnson, GMU's president from 1978 to 1996, exploited this advantage. He grounded the school in technology, computer science and economics, leaving to elite institutions the competition for hot (read: postmodern) humanities scholars. He also exploited the school's proximity to Washington, using it as a selling point to bring professors to the area and also pulling into the professorial ranks various policy analysts, intellectuals and former government officials.

    ...

    Mason's law school isn't even three decades old, but it has already climbed into the first tier of the U.S. News & World Report rankings....

    :: David M. Wagner 12:21 AM [+] ::
    ...

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