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Matthew Reid Krell

About Matthew Reid Krell

Matthew Reid Krell is an attorney, a graduate student, and, like Socrates, a midwife of ideas. Also like Socrates, he will probably end up condemned to death for setting himself up as a false god. Coming up with a series of one-liners about himself - and remembering to render them in third person - is more difficult than it looks. While courts fascinate Reid, he's really more of a dilettante, with interests that wander all over the map. In his spare time (ha!), he...you know, I don't know what I would do with spare time anymore. I guess the answer to that now is "write for the Cocklebur." Crap, I lost my third person. I mean, "he doesn't know..." I give up. Hi. I'm Reid. My research is in the intersection of rational-choice and critical theories in judicial politics. I can hear Ilya Somin snickering at that even now. At the Cocklebur, my job, I have been told, is to "spew venom and sarcasm." I live to serve. My degrees are from The George Washington University (B.A. '04) and the University of Alabama (J.D. '09). My publications have appeared in The Journal of the Legal Profession, The George Mason University Civil Rights Law Journal, and...uh, well, that's it so far. My primary goal out of blogging for the Cocklebur is to finally get a nemesis. I think I've got a great opportunity.
18 May, 2011

We Will Have to Suffer Now ‘Cause You Had It All

Author |Opinions|0 Comments

So, when does a patient become involuntary? This isn’t an idle question; there’s an awful lot of government-run health care facilities, and the question of voluntary vs. involuntary patients is pretty important.

I just finished a brief to the 8th Circuit on this question. First, in DeShaney v. Winnebago County Department of Social Services, 489 U.S. 189 (1989), the Court held that the state does not have an affirmative duty to prevent people from private harm. However, in Youngberg v. Romeo, 457 U.S. 307 (1982), the Court also held that those who are involuntarily held have substantive due process rights, including rights not available to those in a DeShaney situation. So, in DeShaney, a child in an abusive home was never placed in foster care, even though everyone knew he needed to be removed from his father’s care. We all remember that, right? And in Youngberg, we all remember the mentally handicapped patient who was owed protection from private violence in the state hospital because he had been committed against his will. The way this has been interpreted is as saying that involuntary patients certainly have those substantive due process rights; but voluntary patients might, but in any event officials have qualified immunity. Kennedy v. Schafer, 71 F.3d 292 (8th Cir. 1995). So, if you are seeking to raise a claim against hospital officials for a private harm, you had better prove that the patient was involuntary. […]

29 Apr, 2011

We Interrupt This Program Already In Progress

Author |Opinions|0 Comments

As you no doubt know, unless you’ve lived under a rock, there was big news in the last couple of days. By this, of course, I am referring to that tremendous spectacle that rendered an entire city paralyzed and represents a marvel of planning and preparation.

And apparently there was a wedding somewhere, too.

Wednesday, Tuscaloosa, Alabama, […]

14 Apr, 2011

Partisan Hackery Posing as Principled Position?

Author |Constitutional Law|7 Comments

I guess I’m swinging for the fences at my first at-bat.  Look, I respect Eugene Volokh; he’s really smart, well-practiced as a scholar, and (at least) bilingual – all things I can’t fairly say about myself.  But it’s really obnoxious when he announces that his preferred rule of law just happens to benefit those with whom he agrees politically.

There’s a time, and a place, for partisan hackery.  Me, I like to do my partisan hackery on the Facebook pages of Republican candidates.  So far, I’ve been banned from the pages of Sarah Palin, Michelle Bachmann, Troy King (the former Alabama Attorney General), Bobby Jindal, and Haley Barbour.   But I’m also twenty-seven years old and not a law professor at UCLA.  I also don’t write for one of the most-trafficked blawgs in the country (although we’re trying).  Prof. Volokh should know better. […]

14 Apr, 2011

Newest CockleBur Blogger–Matthew Reid Krell

Author |News|2 Comments

I met Reid last fall while visiting Arkansas State University. I watched him teach undergrad students on how to analyze legal issues and write better legal briefs. He was phenomenal with those students.

I also met Reid’s alter ego. This is a guy who is analytical, sarcastic and sometime biting, but in a good way—the ideal […]