Day: January 24, 2017

#FantasyJustice Update – Judge Gorsuch Is On Top #SCOTUS

Since we launched the FantasyJustice marketplace in November, one judge has been consistently perched in first place: Judge Neil Gorsuch. Even though the conventional wisdom of the Federalist Society conference centered around Judges Bill Pryor and Diane Sykes, Gorsuch continue to rise above all others. Why? We will write about the details in the future, but at a minimum, those selecting the Colorado-based judge had some insights that other did not. This is the function of the wisdom of the crowds.

Now, according to Politico, the top three are Judges Gorusch, Thomas Hardiman, and Pryor.

In 2010, FantasySCOTUS accurately predicted that Elena Kagan would be the nominee. Let’s see if we go 2-2.

Update: My LexPredict colleague Mike Bommarito put together this graph charting Judge Gorsuch’s rise. During the Federalist Society convention, Judge Gorusch was towards the bottom, but after December 5, with a steep rise, he broke ahead of the pack, and has been in the lead since.

Leading the ABA Journal to ask if “Maybe FantasySCOTUS is right”?

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ConLaw Class 4 – The Executive Power I – The Appointment and Removal Power

Class 4 – 1/24/17

The Executive Power I – The Appointment and Removal Power

  • Morrison v. Olson (604 – 625)
  • Free Enterprise Fund v. Public Company Accounting Oversight Board (626 – 637)
  • National Labor Relations Board v. Noel Canning (Supplement 39 – 65)

The lecture notes are here.

This is Ted Olson, who at the time was the Assistant Attorney General for the Office of Legal Counsel. Olson would later serve as President George W. Bush’s Solicitor General.

This is Alexia Morrison, who served as the Independent Counsel to investigate whether Olson violated federal law.


This is the video of the Senate’s pro forma session on January 4, 2012. It begins at 1:30, and lasts roughly 30 seconds.

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Prop1 Class 4: The Capture Rule: Oil and Gas, Acquisition by Creation

Class 4 – 1/24/17

The Capture Rule: Oil and Gas

  • Capture and Other Resources: 36-40

Acquisition by Creation

  • Acquisition by creation, 56-57
  • International News Service v. Associated Press, 57-61
  • Notes, 61-64
  • Copyright, 64-65
  • Patent, 76-77
  • Trademarks, 83

Today we will finish the rule of capture, with a discussion on oil and gas, and other “fugitives.” Then, we move onto acquisiton by creation.

The lecture notes are here.


Oil & Gas

And, “I drink your milkshake.”

Here are some pics illustrating slant drilling. One of which may be from a cartoon.



You can learn more about the Manziel family and oil here.

International News Service v. Associated Press

The International News Service was owned by the famous publisher and Yellow Journalist William Randolph Hearst.


The majority opinion was written by Justice Mahlon Pitney. He was Christopher Reeve’s (Superman!) great-grandfather. He was a pretty non-noteworthy justice.


The author of the dissent, Justice Brandeis, was a big deal.


Cheney Brothers v. Doris Silk Corp

This opinion was authored by 2nd Circuit Judge Learned Hand, the greatest judge never to sit on the Supreme Court. Yes that was his name, Learned Hand. Actually his full name is Billings Learned Hand, but in college he started going by Learned. Learned’s cousin, Augustus, was also on the 2nd Circuit Court of Appeals.

Here is an awesome video of Hand signing.

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