Analysis of the Court’s decision in Brown v. Entertainment Merchants Association continues. Writing for the Opinionator blog of the New York Times, Timothy Egan examines what he describes as a “strange double standard”: “the notion of a nation that will always be a little skittish about sex, while viewing violence as American as apple pie.” Additional coverage of the case is provided by the Irish Times.
- At PrawfsBlawg, Allan Erbsen considers what he characterizes as the “heterogeneity problem” in Wal-Mart v. Dukes and concludes that as a result of the decision, “the certification inquiry in proposed class actions seeking damages may begin to focus more directly on the consequences of heterogeneity within the class.”
- Discussing a recent decision by the Sixth Circuit which struck down a Michigan ballot measure that – among other things – banned racial preferences in public higher education, the Wall Street Journal observes that the “University of Michigan’s racial admissions preferences are back from the dead, but probably not for long.” Michigan’s Oakland Tribune has additional coverage.
- Metro Weekly interviews Paul Smith, who successfully argued – among other cases – Brown v. EMA and Lawrence v. Texas.
- At the Legal Talk Network, the Lawyer2Lawyer show reviews OT2010.