| Bio | https://law2.wm.edu/faculty/bios/fulltime/apbruhl.php |
| SSRN | https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=648978 |
As with MQD, one could debate whether the Sagebrush Canon is new with Sackett. Both cite prior cases that make similar moves. Yet this canon probably has legs that the precursors didn’t. That has as much do to with the Court’s perceived receptivity to future invocations of it, and some lower courts’ willingness to run with it, than with anything different about the latest formula of words. Again, like MQD. Sagebrush is poised to be an importantly new canon, but we don’t know for sure yet.
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The unacknowledged ancestor of the Sagebrush Canon is Scalia’s dissent in Babbitt v. Sweet Home, an ESA case. Nowhere mentioned in Sackett, Babbitt is nonetheless a close parallel — except for the result. 1970s environmental statute, clash between statutory definition and historic usages, broad agency interpretation blessed by legislative amendment, property rights vs. green values. (Also, odd twist, the landowner is invoked by Scalia and Alito, not the Court’s Westerners.)
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We need a name for the property-protecting canon the Supreme Court used in Sackett, the recent Clean Water Act case, and I propose calling it the Sagebrush Canon.
The name is inspired, of course, by the Sagebrush Rebellion, which admittedly more involved public lands as opposed to public regulation of private lands. But the vibes line up.
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Just posted: Chief Communications & Marketing Officer at William & Mary Law School, Virginia.
https://jobs.wm.edu/postings/52746
Join us!
Reporting directly to the Dean, the Chief Communications and Marketing Officer (CCMO) will:lead the Law School’s strategic communications and marketing efforts related to enrollment growth and faculty, staff and student activitiescollaborate with and provide strategic advice to the Law School’s Office of Advancement on engagement opportunitiesmanage internal communications processes, the Law School’s brand, crisis communications, and web/digital communications and platforms (including the website)develop and manage executive communications, including speeches, remarks, media statements, and community messages on behalf of the Deansupervise a staff that currently includes a Director of Communications and an Assistant Director of Communications but that may expand as the needs of the office grow.
I have posted an updated version of my short analysis of the Supreme Court Review Act proposed by Sens. Whitehouse and Cortez Masto. It would create a fast-track mechanism for bills responding to Supreme Court decisions. It would be a modest reform (especially compared to things like term limits), but in my view a worthwhile one.
Abstract and link below:
Updating this thread to note that the draft is now posted on SSRN.
“Supreme Court Litigators in the Age of Textualism” examines 35 years’ worth of #SupremeCourt briefs to see how litigators’ use of interpretive tools has changed over time and how their practices compare to the Court’s practices.
Link here: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4339838
#appellatetwitter #appellatemastodon
Abstract:
