Common Law Obiter Dicta

Remarks and observations concerning American law and cultural studies as it relates to courses taken by students in the University of Osnabrück's and University of Münster's foreign law programs.

09 January 2018

Flag Burning in the News

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After recent protests in Berlin where a pro-Palestinian group burned homemade Israeli flags, calls for a change in the law regarding flag bu...
08 January 2018

Prior Restraint in the News

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If students in my constitutional law courses didn't believe me when I told that prior restraints of the press are considered presumpti...
03 January 2018

Restricting Indecent Trademarks: Not So Easy

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Near the end of my lecture on freedom of speech, I touch upon the idea of whether indecent speech is less protected. My conclusion, as stude...
17 December 2017

Questioning of Federal Judge Appointees

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Anyone interested in seeing how members of the Senate Judiciary Committee question people appointed by the President to fill lower federa...
08 December 2017

The Challenge of Keeping Jurors Honest in the Digital Age

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Before a case begins, jurors are told not read anything about the case in which they are involved. Back in the day, this simply meant tellin...
07 December 2017

Old School Cease and Desist

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Students taking my common law courses recently heard me talk about the various steps involved in getting a case heard before the court. As I...
05 December 2017

Verbally Attacking a Store Clerk? Still not fighting words

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As students in my U.S. Constitutional Law courses learn, the second step of the free speech analysis involves determining whether the spee...
22 November 2017

When Judges Are Called for Jury Duty

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Recently the Chief Justice of the Kansas Supreme Court was called for jury. The Topeka Capital-Journal reports that when the judge: repor...
21 November 2017

Changes Afoot to Barrister Training Program in England?

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My favorite legal website in England, Legal Cheek, had a recent post that might interest my students taking one of the common law courses I...
20 November 2017

Judicial Qualifications

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As students in my courses have learned, the process for filling vacancies in the U.S. federal court system involves the President nominating...
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