On June 29, 2018, Clinical Professor of Law Doron Kalir appeared on Sirius XM POTUS Radio’s “The Morning Briefing” show, and discussed the recently-announced retirement of Justice Anthony Kennedy from the Supreme Court. A day earlier, Professor Kalir appeared on Philadelphia WURD radio’s “Reality Check” to discuss the same issue. Professor Kalir emphasized that other than focusing on the likely shape of the future Supreme Court, it is worthwhile to linger, if just for a moment, on the reasons that caused Justice Kennedy to retire now from the Court.
On June 21, 2018, the Supreme Court of the United States cited to the work of Professor John Plecnik, who serves as an Associate Professor of Law at the Cleveland-Marshall College of Law at Cleveland State University. Justice Sonia Sotomayor cited Professor Plecnik‘s article, “Officers Under the Appointments Clause,” 11 Pitt. Tax Rev. 201 (2014), in her dissenting opinion in the Supreme Court case of Lucia v. Securities and Exchange Commission. The majority held that Administrative Law Judges or ALJs at the SEC are “Officers of the United States” subject to the Appointments Clause, whereas Justice Sotomayor, joined by Justice Ginsburg, would have held such ALJs are mere employees. You can read the published works of Professor Plecnik for free on www.plecnik.org and the Lucia case is already available on the Supreme Court’s website.
Chris Sagers, the James A. Thomas Professor of Law, wrote on ProMarket, the blog of the Stigler Center at the University of Chicago, on the Supreme Court’s decision on Monday in Ohio v. American Express. In that case, a five member majority found that “anti-steering” rules imposed by American Express on merchants who accept its cards do not violate antitrust law. Sagers considered the so-called “two-sided market” theory on which the Court founded its decision, and what its acceptance by the Court says about antitrust enforcement more generally.
Cleveland State University Law Review has just published Professor David Forte’s article, Forgotten Cases: Worthen v. Thomas.
David Forte delivered a paper entitled, “From Termination to Extermination,” at a conference commemorating the 70th anniversary of the promulgation of the Universal Declaration of Human Rights, sponsored by the Forum of Rights and Freedoms, in Warsaw, Poland.
David Forte’s commentary on the Supreme Court’s decision in Sveen v. Melin, dealing with the Impairment of Contracts Clause, has been published on the Blog of the Federalist Society, available here.
Professor Jonathan Witmer-Rich was a guest on WCPN’s The Sound of Ideas, discussing the 50th anniversary of Terry v. Ohio and its impact on policing throughout the country. He also discussed the recent controversial practice by the Trump administration of separating immigrant children from their parents–a result of the administration’s decision to pursue criminal charges against all suspected illegal entrants rather than continuing the long-standing practice of using civil immigration proceedings.
A link to the program is available here: