Stayed at the UMass hotel last night. The hotel itself is very good, I recommend it. But it's in perhaps the ugliest building I've ever seen. Looks like an Imperial battle station.

Any dish with a fried egg on top is the best.

I close with the aphorism “Homer nodded” & shouts out to Justice Souter, @marktushnet.bsky.social & @jadler1969.bsky.social. The saying was used (relatively) a lot recently. Maybe Homer is just as judicially popular as ever? Given how justice is a voyage that’s not surprising. 7/7

Also, judges enjoy this line when they’re tired of a case: ““It is tedious to tell again tales already plainly told.” 6/

Some surprises? Not much love for Circe or Calypso from our judge friends. One exception, in a 2005 case: ““AOL objects to the motion and conjures up images of a detention worthy of Calypso. AOL’s position is well-taken.” 5/

As you might imagine, the Sirens & being tied to a mast cry out in many opinions. A thing I really liked was that Telemachus’ gifts to Peirocus were sometimes used to explain the doctrine of donatio mortis causa—a gift in contemplation of death. 4/

The most popular use of Homer’s second epic is the story of Scylla and Charybdis. I look at an unconstitutional conditions 1st Amendment case where it sets sail. Also, Argos wags his tail to try & prove (unconvincingly to me) that a sniff’s not a search. 3/

The Odyssey is far more popular in opinions than the Iliad. That’s not a shock given so many cases seem like “an odyssey” & even last 10 years—or more! I also reflect on using art & literature in opinions, with a nod to @rmfifthcircuit.bsky.social. 2/

A little something to do for the culture warriors over the weekend.

How the Fourth Circuit updates its website. (Note the date of the published Suri opinion above the note about no published opinions.)

Posted to a pole in White Bear Lake, Minnesota. Posted here without comment.

BREAKING: Pennsylvania Sup Ct rejects the Open Fields Doctrine under the PA constitution (4th Am analog). All justices agree the game wardens violated our clients' rights. Congrats to @joshuawindham.bsky.social of @ij.org who argued the case! BIG state con law ruling www.pacourts.us/assets/opini...

Great Q! (TBC, we only picked it up at the cert stage.) A parallel state EFC claim was made. Our client won there in the trial ct on 8th Am. Not sure if the trial ct also ruled for him on AK Con grounds, but I think so? Appellate cts only addressed 8th. This judge claimed AK Con wasn't developed.

Just spent an amazing week canoeing off the grid in Minnesota's Boundary Waters. Including yesterday when we saw a big forest fire north of Ester Lake & had to get away. Camped at the west end of Saganaga & took this sunset photo. All of that is smoke. Now the park is ordered closed.

Beautiful view from Grand Marais, Minnesota. My last stop before I disappear into the Boundary Waters Canoe Area for several days. Posting from this account will be limited (that is, nonexistent) while I enjoy its state of nature. See y'all on the other side!

Does everyone else say "computer?" in a Scottish accent to their screen at least 2 times a day? Or is it just me?

As Foy notes, this tradition changed in the mid-19th century. It then resurged in the mid-20th century, what Justice Scalia trashed as “heady days.” But Scalia seems not to have understood that this was actually in keeping with earlier history & tradition. 4/

Foy’s article will blow your mind if you’ve accepted the modern mantra that the legislature creates causes of action. It used to be legislatures would adopt laws & the courts would sometimes—but sometimes not—make supplemental causes of action depending on various factors. 3/

“Lord willing & the creek don’t rise” Finally, very disappointed to find this only used ONCE in any American opinion, ever. But that’s somewhat tempered by it being Justice Scalia himself. His dissent in Holloway v. US, a classic linguistic interpretation opinion of his. 6/6

“If the Spirit moves me” Surprisingly, this oft-used idiom about potential future plans only came up in one opinion, a property sale dispute from 1915 in Maryland, and it was in turn quoting a letter. Interesting language for contract negotiation, I’ll note. 5/

“What in the Sam Hill?” Only 2 in all of American history (that I found) & they both were quoting oral statements made in court. One, Wirgau v. State (Ind. 1982), involved an overweight truck & the appellate court quoted this amusing exchange from the plea hearing. 4/

“Give the Devil his due” Only 10 but it included an amazing passage (only partially quoted here) from Hudgins v. State (Ga. 1847) about how folks are more likely to tell the truth when drinking. 3/

“Between the Devil & the deep blue sea” I found 92 opinions that used some form of this. One of the earliest being Spurrier v. Spurrier, a 1925 Oklahoma family law case. 2/

I'm just glad they didn't change the urls (it seems) so my bookmark still works. I will ask, what's up with this leaves logo? Is it evoking some kind of West Coast plant? Maybe palm trees? (Like in their prominently displayed photo of the Pasadena courthouse?)

Why have I never before heard about a "writ of fi. fa."? (Short for fieri facias; another name for a writ of execution (of a judgment).) It's easily the funniest name of any writ. Why aren't there legal societies or law school fraternities called "The Writs of Fi. Fa."?

A few weeks ago we at @ij.org & our friends at Scalia Law's Liberty & Law Center hosted the conference “The Other Declarations of 1776.” We’re pleased to say that video from the event is now available! 1/2

But please, let me say this: I'm just so happy for Mrs. Bold.

The $1.8 billion doesn't surprise me. Shootings on 5th Ave wouldn't either (see south Minneapolis). We are just rerunning chapters of Suetonius. Did Nero do it? Then Trump might. Like Nero he's figured out that he (effectively) is the law & is cashing in. Like Nero, he's nuts.

The Act only applied in England. Parliament’s motivations were opaque. it goes against the usual encouragement of charitable giving. There’s reason to believe that rather than being a safeguard for families of a “Heaven-buyer” it was anti-Jacobite/anti-Catholic legislation. 3/4

You’ll see old wills excluding anything that “savours of the realty.” That was “impure personalty.” A good will-writer would carefully have it go to a relative & not a charity. Otherwise the funds might go intestate, perhaps even shoving the dispute into Chancery. *Shudder*. 2/4