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Evan Fleischer


Top Articles by Evan Fleischer

Notes While Reading Descamps v. US.

The transcript is here. 1. What keeps an indivisible statute from becoming a divisible statute? (And vice versa?) My point is — doesn’t the use of a modified categorical imperative always become a lively, almost X-factor when being used in relation to a state statute? And I think Breyer agrees with me when he says… Read More

Concerning Louis Michael Seidman.

In yesterday’s New York Times, Louis Seidman — a professor of constitutional law at Georgetown — made his case for abandoning the Constitution of the United States. He makes this observation after noting that “observers are reaching the conclusion that the American system of government is broken,” a startlingly original observation that no one in… Read More

On That ‘You’re Hot, You’re in Iowa, You’re Fired’ Case.

You’re probably heard about it by now — a dentist fired a woman who had worked for him for a decade because she was ‘irresistible.’ He asked her about her sex life. He talked about her clothing. We know this now thanks to a decision rendered by the Iowa Supreme Court. For a court that… Read More

Notes On the VRA.

With oral arguments in Shelby County v. Holder set for February 27th of next year, an interesting item popped up on my radio this past Friday, the press release of which I’ll quote here — The Justice Department announced today that it has reached an agreement with the State of New Hampshire that will allow… Read More

The NRA Said What?!

While this is a blog devoted to the courts in this country and the people who make up  the courts in this country — as well as how the law reflects and refracts itself within the context of that — I hope you’ll forgive me for continuing the conversation on guns and posting about the… Read More

Towards A Conversation On Guns.

I want to talk about the 7th Circuit Court of Appeals overturning the Illinois ban on ‘conceal and carry’ on December 11th. With any luck, I hope you all have been able to avoid seeing the kind of television coverage Roger Ebert and Charlie Brooker have talked about and have — instead — spent your… Read More

Oral Argument Preview: January 7th.

When the Supreme Court returns to hear arguments on January 7th, it will hear four cases that day — Standard Fire Ins. Co. v. Knowles, Alleyne v. United States, Boyer v Louisiana, and Descamps v. United States, the latter of which I wanted to touch on. A modified categorical approach is a way for Judges… Read More

Every SCOTUS Case Ever: West v. Barnes.

Let’s start with the beginning. Before the building that houses those nine robes today was built, we had the Merchants Exchange Building in New York City and Old City Hall in Philadelphia as the ‘seat’ of the court. (Though there’s the circuit riding Jay and co. had to do for a while, but I’m jumping… Read More

A Quick Note On Robert H. Jackson.

There are bits in the entirety of Robert H. Jackson’s opening statement at Nuremberg — a portion of which is excerpted above — that remind me a bit of Roberto Bolaño’s The Part About the Crimes. After I finished reading Jackson’s opening statement, I was convinced that Bolaño had read it, too, and even though… Read More

Why is Hollingworth v. Perry ‘narrow?’

Is Hollingworth v. Perry as narrow a decision as the pundit class is saying? In reviewing the decision, I see what I see whenever I read anything written by a judge: case histories. In re Coordination Proceeding, In re Marriage cases, Lawrence v. Texas, Everson v Board of Education of Ewing Township, Pace v Alabama,… Read More

Same-Sex SCOTUS.

What if everything’s going to be fine? News broke on Friday that the Supreme Court will consider both Proposition 8 and the Defense of Marriage Act in the context of US v. Windsor and Hollingworth v. Perry. This — in part — brought Iowa’s Varnum v. Brien back to my mind, especially the bit where… Read More

Local Matters.

The general strategy and outline for covering law on TDB is going to be broken into three basic components — and, parenthetically, let me just say: you’ll be hearing more about SCOTUS, Prop 8, and DOMA Monday — one of which is this: in tackling local courts, you often get to enjoy moments that might… Read More

Supreme Things.

Oyez, oyez: the first blog post of Juris Dispatch is in session. If you are at work, reading this from your phone on a train, or seeing this in a coffee shop, please rise for the “honorable” Evan Fleischer, who shall hold forth on matters concerning the United States of America and its legal matters… Read More