judicial restraint

Animal, vegetable or mineral?

A lesson in judicial humility and a thought experiment about property rights

This topic may be a bit far afield for this blog, but dinosaurs are always worth considering . . . The Montana Supreme Court has resolved an intriguing dispute about ownership of fossilized dinosaur remains that turned on the question of whether those remains were or were not “minerals.” In the process, the Montana court …


What We Know About Kagan and the Environment

Basically, the answer is “nothing.”  Nada.  Zip. I thought about leaving the body of this post blank in order to communicate that, but I figured that would simply look like I’d pushed the “publish” button by mistake. Anyway, it’s not quite true that we know nothing at all. Actually, there are a few tiny straws …