Archives: Learned Sixth

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The Learned Sixth: “Run, Fun & Gun”

And now for something completely different. If you’re traveling for the New Year’s holiday (or perhaps resting or exercising after the last one?), consider a Learned Sixth podcast for the road: SCOTUS 101’s  interview with Sixth Circuit Judge Amul Thapar. The episode, appropriately titled Guns and Gifts, covers both the recent Supreme Court Second Amendment/mootness … Continue Reading

The Learned Sixth: Kethledge, Hayek, and “executive activism”

Perhaps no Circuit has featured as robust and sustained a debate about administrative deference as the “Learned Sixth.” This month Judge Raymond Kethledge added his voice to that conversation—though not in a judicial opinion. Instead, Professor Kethledge donned his University of Michigan hat (helmet?) and delivered the 15th Annual Hayek Lecture at the NYU Classical Liberal Institute. Past … Continue Reading

Tenn. Billboard Act Violates First Amendment, Says Sixth Circuit

In a big win for noncommercial outdoor speakers and a loss for LBJ enthusiasts, the Sixth Circuit issued a major First Amendment decision striking down Tennessee’s Billboard Regulation and Control Act. Judge Batchelder’s unanimous opinion (Donald and Cole joining) in Thomas v. Bright held that the law’s on/off-premises distinction represents an unconstitutional content-based abridgment of speech … Continue Reading

“Lexis on Steroids”: Corpus Linguistics receives mixed reception at the Sixth Circuit

By Zak Lutz (HLS ’20; Squire Patton Boggs summer associate) and Benjamin Beaton Sixth Circuit judges have taken an interest in “corpus linguistics.” At a recent gathering in northern Kentucky, three Sixth Circuit judges engaged in an impromptu discussion of the interpretive tool. And last week, in Wilson v. Safelite Group, two other Sixth Circuit … Continue Reading

The Learned Sixth: “Another Giant Tortoise”

And now for something completely different. If you’re traveling for the Fourth of July, consider a law-related podcast for the road: Malcolm Gladwell’s two-part treatment of the LSAT. Puzzle Rush and The Tortoise and the Hare kick off season 4 of Revisionist History. A decidedly non-lawyer friend recommended these episodes, which contain some great nuggets … Continue Reading

“The Learned Sixth” – Sixth Circuit Judges Busy Speaking and Writing

When welcoming his (many) new colleagues, Judge Sutton has sometimes mentioned his court’s long-lost nickname: “The Learned Sixth.” Many of its earliest judges—Taft, Day, Lurton, Howell Jackson—served as diplomats or law school deans, cooled their heels at the Sixth Circuit, and proceeded to the Supreme Court. Is the Sixth Circuit recovering its name and reputation? … Continue Reading
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