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Thursday, June 23, 2005

In re Alan Smithee

Here's an idea for a sensible restriction on the Supreme Court:  The Court should not be permitted to hand down cases with homophonic (or quasi-homophonic) names, within a ten-year period.

After all, imagine the poor professor who's trying to discuss the situation of a house taken away from private owners and given to another private party after drugs were found in that house through an outside scanner. 

Is this a Kelo issue?  A Kyllo issue?  The poor professor is going to be up in front of the class, saying "so Kelo controls the takings claim, while the illegal search claim is covered by Kyllo" and the poor law students are going to be completely lost. 

Now I realize that our case-or-controversy requirement limits the Court's ability to simply choose case titles.  But there has to be a better way.  How about an Alan Smithee rule

Posted by Kaimi Wenger on June 23, 2005 at 05:45 PM | Permalink


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