I had the honor and privilege of introducing my former professor, and good friend, Ilya Somin at a Federalist Society event at the South Texas College of Law. Ilya talked about Kelo, the backlash to Kelo, and the post-Kelo reforms. I provided some commentary to Ilya’s talk based on Texas’s Amendment 11, which purported to strengthen protection against eminent domain. Ilya says it was largely ineffective due to a broad definition of blight. We had a great turnout, and appreciate him coming. Here’s a pic of Ilya and me:
And, our talented FedSoc Chapter President Brandon Frenza made this cool flyer.
At some point on Sunday, my blog crossed the 500,000 visit threshold. This blog has been keeping track since September 2009. Thank you to all my readers. I’ve written over 5,400 blog posts, and have enjoyed every pixel of it.
Today will be a slightly different class. We will cover Pierson v. Post, and the Case of the Spelunceuan Explorers. The focus of our class will be law and judges. Though the less will begin around the rule of capture, I hope the discussion eludes that narrow focus, and that we have a foxy talk.
The lecture notes are here, and the live chat is here.
Pierson v. Post
A few historical notes notes.
First, about the judges. Daniel Tompkins wrote the majority. He went on to serve as Governor of New York and Vice President for James Monroe. He also servedAnd where did Tompkins die? In a neighborhood of Staten Island, now known as Tompkinsville.
The author of the dissent was Brokholst Livingston, who later received a recess appointment to the Supreme Court from President Jefferson. He would be confirmed in 1807, and serve until his death in 1823. Livingston served a a secretary to future Chief Justice of the United States John Jay in Spain from 1779-1782.
Here is a map showing Post’s home in 1800 (courtesy of Professor Angela Fernandez of the University of Toronto).
Here are some drawings of fox hunts:
Here is a video about the controversy of the fox hunt in the UK:
[youtube http://www.youtube.com/watch?v=DmJowswsos0]
The Case of the Speluncean Explorers
After you read “The case of the Speluncean Explorers,” please vote which Justice you agree with most.
[polldaddy poll=6845708]
This is a picture of Lon Fuller, the author of the Case of the Speluncean Explorers.
A lot of authors have tried to write additional version of this article, but they are nowhere near as good as the original.
By the way, for you musical fans, the case of Commonwealth v. Valjean is based, of course, on Victor Hugo’s Les Miserables (Les Miz as you may know it). Jean Valjean steals a loaf of bread to feed himself and his starving sister and neice. He is arrested, and spends 19 years as a “slave to the law.” The movie version of this musical was atrocious. The singing made me cringe. If you can ever see it on Broadway, you should. It is a fantastic parable of law, morality, and ethics.
Valjean and Javert sing about the crime in “Look Down” (starts at 2:29)
Sec. 26.01. PROMISE OR AGREEMENT MUST BE IN WRITING. (a) A promise or agreement described in Subsection (b) of this section is not enforceable unless the promise or agreement, or a memorandum of it, is
(1) in writing; and
(2) signed by the person to be charged with the promise or agreement or by someone lawfully authorized to sign for him.
(b) Subsection (a) of this section applies to:
(1) a promise by an executor or administrator to answer out of his own estate for any debt or damage due from his testator or intestate;
(2) a promise by one person to answer for the debt, default, or miscarriage of another person;
(3) an agreement made on consideration of marriage or on consideration of nonmarital conjugal cohabitation;
(4) a contract for the sale of real estate;
(5) a lease of real estate for a term longer than one year;
(6) an agreement which is not to be performed within one year from the date of making the agreement;
(7) a promise or agreement to pay a commission for the sale or purchase of:
(A) an oil or gas mining lease;
(B) an oil or gas royalty;
(C) minerals; or
(D) a mineral interest; and
(8) an agreement, promise, contract, or warranty of cure relating to medical care or results thereof made by a physician or health care provider as defined in Section 74.001, Civil Practice and Remedies Code. This section shall not apply to pharmacists.
322.002-
(8) “Electronic signature” means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.
322.005-
(b) This chapter applies only to transactions between parties each of which has agreed to conduct transactions by electronic means. Whether the parties agree to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the parties’ conduct.
