Author Archives: Joel Nolette

Ad Fontes: “Last Game of the Year, Brent, Can’t Hold Anything Back Now,” Part II–Per Curiams

[Ad Fontes was an early Renaissance and Reformation credo. Literally meaning “to the fountains,” the phrase embodied these movements’ emphasis on studying the original, primary sources in religious, philosophical, and scientific pursuits. This same commitment animates our efforts to follow our state and federal judiciaries’ decisionmaking in key cases being decided therein, given how these […]

Ad Fontes: “Last Game of the Year, Brent, Can’t Hold Anything Back Now,” Part I–Orders

[Ad Fontes was an early Renaissance and Reformation credo. Literally meaning “to the fountains,” the phrase embodied these movements’ emphasis on studying the original, primary sources in religious, philosophical, and scientific pursuits. This same commitment animates our efforts to follow our state and federal judiciaries’ decisionmaking in key cases being decided therein, given how these […]

First Impressions: Standing on Solid Ground in Town of Chester

The Court just unanimously decided Town of Chester, NY v. Laroe Estates, Inc., holding that an intervenor as of right under Rule 24 of the Federal Rules of Civil Procedure must nevertheless establish Article III standing if that intervenor seeks relief distinct from the relief that the existing plaintiff is seeking. The Court did not […]

The Weekly Bipartisan: Ending Abuse of Civil Asset Forfeiture

The Weekly Bipartisan shares instances of meaningful bipartisanship, on the Hill and elsewhere. This project seeks to shine a light on efforts to come together to find common ground and advance shared values in a political climate defined by polarization, an increasingly jaded citizenry, and vilification instead of constructive dialogue and debate.

Paristeria

That we live in an age of political hyperbole has been demonstrated too many times so as to be self-evident at this point. And this week is just another case-in-point. Yesterday, President Trump announced his decision to withdraw the United States from the non-binding, unenforceable (and probably illegal) Paris Climate Agreement. Based upon reactions from […]

A Railroad Company Gets Sued. You Won’t Believe What Happens Next!

The Supreme Court issued its decision this morning in BNSF v. Tyrrell, an interesting case raising the question, how much activity must a corporation engage in within a state before that corporation may be subject to general personal jurisdiction in the courts of that state, when that state is neither a corporation’s state of incorporation nor […]

“I Was So Much Older Then, I’m Younger Than That Now”

“Law is but the means, justice is the end.”[i] This is Georgetown Law’s motto. Consider also, however, this statement from Justice Oliver Wendell Holmes: “I hate justice . . . I know if a man begins to talk about that, for one reason or another he is shirking thinking in legal terms.”[ii] I’d like to […]

Who’s Afraid of the Federalist Society? [Hint: Dick Durbin]

That darn vast right wing conspiracy is at it again: At least, that is, according to some of the Democrats on the Senate Judiciary Committee. This time, the target of their angst was Judge Amul Thapar, a federal district court judge in Kentucky who is up for confirmation to the United States Court of Appeals for […]

Justice Gorsuch’s Greatest Hits – Circuit Edition

Justice Gorsuch is just about to start his tenure on the highest court in the land, but he’s already got quite a few great quotes among his many opinions during his time on the Tenth Circuit. Here, in no particular order, is a sneak preview of things to come. *********************************** “In enlightenment theory and hard won […]

Leftist Fundamentalism

There are liberals, and then there are leftists. Liberals, as the name suggests, are open-minded, willing to engage with ideas they might not agree with, appreciative of authentic pluralism, and capable of co-existence alongside individuals with whom they may not necessarily be ideologically, religiously, or morally aligned. Leftists, on the other hand, are rigid ideologues […]