Category Archives: General

Humble Listening on the Bench

This post provides excerpts from an op-ed by Neal Katyal, one of Supreme Court Justice Stephen Breyer’s former clerks.  Mr. Katyal describes Justice Breyer’s humility, recognition of his own biases, and openness to considering others’ points of view. There was, in short, a constitutional humility about Breyer.  He didn’t pretend to know the answer to every … Continue reading Humble Listening on the Bench

The Continuing Cold War

Formally, the Cold War began in 1945 and ended in 1991 with the dissolution of the Soviet Union.  In fact, its roots began long before 1945 and its effects still reverberate today. Newspaper headlines illustrate how the Cold War is becoming more overt as Russia threatens Ukraine and other neighboring countries, and China threatens Taiwan … Continue reading The Continuing Cold War

Justice Kavanaugh’s Good Analysis of Confidentiality

On January 19, the Supreme Court rejected former President Trump’s request to block release of some of his White House records to the Congressional January 6 Committee.  In an 8-1 decision, the Supreme Court upheld the Court of Appeals’s decision authorizing release of the documents.  The Court of Appeals ruled that the right to waive … Continue reading Justice Kavanaugh’s Good Analysis of Confidentiality

George Siedel’s Book on Pedagogy

Michigan Business School Emeritus Professor George Siedel recently published a book you might want to read – Seven Essentials for Business Success: Lessons from Legendary Professors.  Although it focuses on teaching in business schools, it provides insights relevant to pedagogy in higher education more generally. The book takes readers into the classrooms of award-winning professors … Continue reading George Siedel’s Book on Pedagogy

Aronovsky on Adhesion Arbitration

Ron Aronovsky (Southwestern) has just published “Starting Over: Letting States Regulate Adhesion Arbitration Agreements” in the Syracuse Law Review. The abstract: The explosive growth of adhesion arbitration—mandatory arbitration clauses in adhesion contracts—throughout today’s economy compromises access to justice for millions of Americans. This widespread use of adhesion arbitration stems from a series of U.S. Supreme … Continue reading Aronovsky on Adhesion Arbitration

Who Decides

“The central question we face today is: Who decides?”  So began the majority opinion in the Supreme Court’s recent decision to block implementation of OSHA’s covid regulation. Although the dissent vigorously disagrees with the majority’s decision, it agrees about what is the central issue in the case:  “Underlying everything else in this dispute is a … Continue reading Who Decides

More Covid PIEs and the Alice-in-Wonderland Supreme Court Decision Endangering Workers

This is a sequel to my post last week, My Covid Perceived Injurious Experiences (PIE).  It describes more PIEs and critiques the Supreme Court’s ghastly decision blocking implementation of the OSHA regulation protecting employees of large employers. I wanted to publish my post last week to express perspectives that a lot of people share and … Continue reading More Covid PIEs and the Alice-in-Wonderland Supreme Court Decision Endangering Workers