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michaelmorley11
@michaelmorley11
, 3 tweets, 2 min read Read on Twitter
I just found @Adam_Steinman article “Reinventing Appellate Jurisdiction” papers.ssrn.com/sol3/papers.cf… from @BCLawReview and think it’s absolutely amazing! Definitely going on recommended reading for Federal Courts class next year!
Are you curious about the *22* kinds of district court rulings immediately appealable on an interlocutory basis under the collateral order doctrine? *I AM!* @Adam_Steinman has got you covered
Also did you know there is no specific statutory grant of jurisdiction over interlocutory appeals of class certification decisions? Rule 23(f) was promulgated pursuant to special statutory delegation of authority to Supreme Court to make rules authorizing interlocutory appeals
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michaelmorley11
@michaelmorley11
I posted "Vertical Stare Decisis and Three-Judge District Courts," forthcoming in @georgetownlj. Tracing the evolution of such courts over a century, it shows they're bound by court of appeals precedent even when their rulings aren't reviewable there. papers.ssrn.com/sol3/papers.cf…
This piece also offers a new theory of vertical stare decisis, discussing the source & extent of lower courts' obligation to follow other courts' precedents - a theory that usefully applies in any situation involving unusual appellate structures outside the traditional hierarchy
I owe a huge debt of gratitude to the @FSULawRC for all my articles this past year, but especially this one! They helped me compile and review voluminous legislative history in tracing Congress' intent concerning direct Supreme Court review and three-judge trial courts
Read 3 tweets
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michaelmorley11
@michaelmorley11
I am literally in Bioshock fighting Big Daddies
Would you kindly....
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michaelmorley11
@michaelmorley11
1/ An airline is suing a passenger who had a connecting flight for skipping the last leg of his trip. fortune.com/2019/02/12/luf…
2/ For reasons that aren't entirely clear to me, it is sometimes cheaper to fly from an origin city, through a hub, to a destination, than it is to fly exclusively from an origin city to the hub.
3/ The airline is suing for the difference in price between a ticket from the origin city to the hub (which is more expensive), and a ticket from the origin city, through the hub, to the destination (which is the cheaper ticket the passenger bought)
Read 6 tweets

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Richard Hoeg
@HoegLaw
Definitely going to be reading the #MuellerReport. May wind up putting highlights and summary thoughts in this thread depending on how much of interest is in there. 448 pages!
Setting the tone. First sentence of the #MuellerReport (after recitals of legal status).
Just the executive description (summary), but you can begin to see the contours of the #MuellerReport findings: (i) Russia hacked/influenced, (ii) Trump campaign knew about hacking/influencing, (iii) no proof ("did not establish") that Trump campaign helped hacking/influencing.
Read 58 tweets
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Carissa Byrne Hessick
@CBHessick
Yesterday, Elizabeth Warren published an op ed in which she makes the case for a piece of legislation that she introduced. That legislation would make it far easier to put company execs in jail.
I appreciate the need to change corporate culture, but this proposal is bad 1/x
First, let me clarify that there are aspects of the bill that seem perfectly fine, if not good policy. In particular, Warren's proposal of certification and for more prosecutorial resources seem like good ideas (though I do wonder if this is where funding is most needed). 2/x
My concern with the bill is the proposal that we impose criminal punishment on executives who are negligent in running their companies. Negligence is an incredibly low standard for criminal punishment. There are very few crimes that impose punishment on this basis. 3/x
Read 17 tweets
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Quinn Cummings
@quinncy
Hello.

If you are a teenager reading this and you think you might be gay, or bi, or trans, or asexual, or any way that your parents will not ever accept, and you're starting to feel overwhelmed, here is some good news.

I am now your Mom. @SaraJBenincasa is your Aunt.
We think you are absolutely amazing and perfect, just as you are. Keep your head down, get through high school, know that the world can't wait to meet you, just as you are, but stay safe until it's time to go.

Also, I'm a terrible cook.

I apologize in advance.
Look at all the family you have! Imagine tonight as you go to sleep that you hear your Aunt Sara and I sitting around the kitchen table, talking shit, drinking coffee and cackling.
Read 6 tweets
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mary dudziak
@marydudziak
Powerful @Sifill_LDF interview on @allinwithchris @chrislhayes refs Cold War history of Soviet propaganda on US racism. Crucial difference: in ColdWar, Soviets sought to undermine US relations w/ other countries. Now: Russian efforts targeted democracy *in the USA.*Thread 1/30
Reconnecting this thread. Obv @KevinMKruse is better at this!
International criticism of US racism predated the Cold War. Prominent Swedish sociologist Gunnar Myrdal argued in 1944 that global awareness of US race discrimination threatened the country's ability to be a world leader. 2/
Read 31 tweets
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EFF
@EFF
Anyone looking to make changes to how online platforms police speech should learn lessons from the failures of using copyright to do the same. Here are five major takeaways from the copyright wars: eff.org/deeplinks/2018…
1. Mistakes will be made. The law gives huge incentives to platforms to take things down after getting a complaint, leading people seeing their work disappear due to fraudulent takedown notices. Content moderation policies have and will make similar errors.eff.org/takedowns
2. Robots are not the answer. We've seen the mess that automated filters like YouTube's cause.

No law should mandate the use of this kind of technology. eff.org/deeplinks/2018…
Read 6 tweets
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___________
@parking_seal
#Probablemente ([#EO]#probable🍀/[#EN]#Probably🏴󠁧󠁢󠁥󠁮󠁧󠁿)
Read 357 tweets

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