Charles Petit has a blog whose content is so good I read it despite the layout, which (at least on Firefox with my defaults) produces a color scheme and crowded typeface that I actually find disturbing. Here's the start of an especially good recent post:
It's alive: The Ninth Circuit gave us a true Frankenstein moment on Monday. In Thinket Ink (PDF), a panel held that
if a corporation either suffers discrimination harm cognizable under § 1981, or has acquired an imputed racial identity, it is sufficiently within the statutory zone of interest to have prudential standing to bring an action under § 1981.
Id., slip op. at 6343 (emphasis added).
Why is this a Frankenstein moment? Because by implication it means that the corporation, an unnatural person, has taken on yet more aspects from natural (real) persons: race, religion, ethnicity, and gender. This leads to some very, very interesting (and difficult) questions of constitutional and statutory interpretation; and of the relationship among law, policy, and reality; and of speculative fiction.
There's more where that came from, plus other stuff about “Law and reality in publishing (seldom the same thing!) from the author's side of the slush pile, with occasional forays into military affairs, legal theory, and anything else that strikes me as interesting.”
