There has been some interesting fall-out from the NY Times article I blogged about yesterday. DOJ has admitted that it erred in failing to file a brief in support of the Kentucky statute that proscribed the death penalty for child rape, and it has indicated that it may support a petition from the state of Louisiana to rehear the case. More coverage and commentary can be found in the New York Times,...

Arin Greenwood's story on "nutraloaf" offers an interesting take on the more etiolated dimensions of 8th Amendment jurisprudence: Inmates hoping for relief from the courts for their Nutraloaf punishments aren't likely to get it from the courts. . . .A lawyer who works in asylum law . . . said the loaves would have to be extremely bad. . . . Courts have nearly all found that prison food can be unapp...

Over the last two days, I've been arguing that the Supreme Court's decision in Plains Commerce Bank was fundamentally misguided and arises out of the assumption that all tribal courts are identical and are biased against non-members....

According to Jane Gross, the growing population of elderly drivers is forcing some difficult conversations in families: Thirty-six percent of adult children polled by the Web site Caring.com and the National Safety Council said that talking to their parents about the need to stop driving would be harder than discussing funeral plans (29 percent) or selling the family home (18 percent). Though frame...

So says the NYT in a front-page story featuring my new school, the University of Wisconsin. The full article is worth a read....