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Scotus docket: A blogger argues the case for medical marijuana

On Nov. 29, Volokh Conspiracy blogger Randy Barnett will appear before the U.S. Supreme Court to argue it is unconstitutional for the federal government to prosecute patients who grow and use marijuana for medical purposes in California. (State law law permits the cultivation and use of cannabis with a physician’s consent.)

Fellow VC blogger Orin Kerr points to this excellent piece on Barnett's prep sessions at Boston University, which recaps the professor's road to defending a group of medical patients in the Bush administration's appeal Monday.

Law student Michael Cernovich says that the government is making professor Barnett's job easier. In a brief filed in Ashcroft v. Raich (Angel Raich, who suffers from a brain tumor, is the lead defendant), the United States has invoked the congressional power to regulate interstate commerce. In other words, Cernovich argues, the government is saying it's a bad thing that Raich et al can legally obtain medicinal marijuana because of the effect on the interstate illicit drug market. "Let's let doctors, not dope pushers, control the marijuana market," says Cernovich in Crime & Federalism.

Five-second therapy -- e-mail friendly!

What the "haruspex"? J. Craig Williams wonders whatever happened to plain English in his post about noted logophile and 9th Circuit Judge Ferdinand Francis Fernandez. May It Please The Court provides a dirty dozen of examples of how written arcana can convolute the legal process, as well as links to great definition sites. Williams hat-tips a recent article by Rob Crisell of California Lawyer.

And while you're thinking about your most recent brief, Matt Homann in The [non]billable hour wonders, "Do you treat new customers better than existing ones?"

At least those Webcasts are fair game...

Some industries might not like it, but members of the World Intellectual Property Organisation (WIPO) have sidelined a U.S. government proposal to extend broadcast copyright protection for Webcasts, reports Bill Heinze in I/P Updates.

At the watercooler

Basketball riot redux. In response to heated feedback, Juan Non-Volokh revisits yesterday's post, ponders and then issues his verdict: Yes, David Stern really is a coward. On The Volokh Conspiracy.

Legal lessons for the day: Don't play with your food. Or the informants.

Posted by Laurel Newby on November 23, 2004 at 01:45 PM | Permalink | TrackBack (1)


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