Legal Blog Watch
Hamdan: The Court's Big Decision Today
Reviews and summaries of the decision are coming in all over the online media and blogosphere. Summaries of the ruling can be found here (Gina Holland, Associated Press) and here (John O'Neil and Scott Shane at New York Times). Blogger Orin Kerr remarks preliminarily that Justice Kennedy's concurrence reflects a belief that "Congress' views are supreme," and Peter Lattman at WSJ Law Blog profiles Neal Kaytal, the Georgetown Law professor whose argument for Hamdan was his maiden voyage at the Supreme Court. SCOTUS blog features guest commentary from Richard Samp of the Washington Legal Foundation, who begins his post with his opinion that "I'd be surprised if any of the holdings in today's Hamdan decision end up having large practical significance." And also at SCOTUS is this post from Lyle Deniston, who writes that Hamdan is notable for what it did not decide, including the question of whether or not there actually exists a "presidential 'inherent power' of the kind that President Bush claims under his commander-in-chief powers."
The Hamdan discussion continues in the blogosphere. For more related posts, just visit this Technorati link.
Posted by Carolyn Elefant on June 29, 2006 at 04:03 PM | Permalink
Competitors Sue Craigslist for Discrimination
Williams' post explains that newspapers are required to comply with U.S. Department of Housing and Urban Development requirements on nondiscriminatory housing ads, whereas Craigslist does not. Forcing Craigslist to monitor ads to ensure compliance with housing law and other nondiscrimination laws would increase costs for Craigslist and, perhaps, force it to charge for postig ads. Williams points out that Craigslist should not be treated the same as newspapers because "ads on CraigsList are free and posted by individuals. Ads in newspapers cost, and they are posted by newspaper staff." But ultimately, Judge Amy St. Eve in
It didn't help that CraigsList has taken a lot of housing ads away from newspapers, which may be the real genesis for the lawsuit. Especially when the ads are free. That's a lot of lost revenue, and the HUD claim is a creative attempt to stopgap that lost revenue stream.
I'd be interested in knowing, as a practical matter, how many of Craigslist's ads actually violate housing discrimination laws. Do newspapers have standing to bring these claims at all? They may argue they're disadvantaged by compliance with discrimination laws, but they're not the parties that the laws were intended to protect. Seems that the court should at least wait until a truly injured party complains to rule on these issues.
Posted by Carolyn Elefant on June 29