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Convictions: Slate's blog on legal issues
July 2008 - Posts
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Over the past four months, Convictions has reached hundreds of thousands of readers and contributed a great deal to America's legal conversation. However, we have decided to take a sabbatical. Instead of running Convictions as a continuous blog, we'll Read More...
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Karl Rove's assertion of executive privilege should be the straw that breaks the judicial tolerance for assertions of privilege that have no constitutional warrant as a matter of original understanding. Judge Bates should give The White House an opportunity to prove otherwise, and when it likely cannot, enforce the subpoenas. Let's have at least one tip of the hat to the rule of law before the Bush folks saddle up for the ride back to Texas. Read More...
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To encounter Tony Snow on the streets of Washington D.C. was encountering a kindness and friendship that is rare in the Nation's capital. Truth be told, Tony told it better than most. Fox usually winks when it self-proclaims itself to be "fair and balanced." When Tony was reporting, the wink was unnecessary. Read More...
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Jack, I want to add a small addendum to your post . There is a big difference between the president asking for a power and Congress granting it to him, and the president claiming a power for himself and Congress acquiescing. Critics of the Bush administration Read More...
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This week's passage and enactment of the FISA amendments ( H.R. 6304 ) was not without controversy (obviously), but I was particularly struck by an aspect of the story that's received remarkably little attention: Sen. Arlen Specter sponsored an amendment Read More...
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We have been covering the features of the new FISA act over at Balkinization ( here , here , here , and here ), and I won't repeat that analysis here. I continue to think that the new procedures in Title I are far more worrisome than Title II, the immunity Read More...
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Suppose you think that Congress should have more say over war-making, as James Baker, William Christopher, and their bipartisan commission do , and the president less. Would your new War Powers Consultation Act do this? Our proposed statute would provide Read More...
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As Dahlia noted a couple of weeks ago , Chief Justice Roberts used his dissent in Sprint v. APCC [pdf] as an occasion to quote (or, perhaps, misquote ) Bob Dylan. As Alex Long previously explained , however, quoting Bob Dylan in a judicial opinion is Read More...
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So what exactly is the scope of the "gun right" discovered by Justice Scalia in Heller? And why aren't the John McCain and Barack Obama unlikely to say much about it? Has Justice Scalia become a natural law originalist? Be patient, the Justices will instruct us in these matters of liberty or is that a denial of liberty, itself? Read More...
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In conversation Sandy Levinson has impressed on me several curious features of the Second Amendment right of self-defense recently recognized in District of Columbia v. Heller . The more I think about this new right the Court has recognized, the more Read More...
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It's an election year, so inevitably the possibility of a Supreme Court vacancy is part of the national discussion. If there is a potential nominee who ought to be at the top of the list for both parties, it's Supreme Court advocate, Carter G. Phillips. Read More...
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Most of you have probably already seen Linda Greenhouse's articles yesterday and today , reporting that in last week's Kennedy case involving the death penalty for child rape, the court, its clerks, the parties, the several amici, and the solicitor general Read More...
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Marty says , echoing Phil: That is to say—and as Eric's closing swipe at Congress suggests—Eric believes that war should not be governed by legal standards at all. Which is fine, I suppose. But as Phil has stressed, that's not the view of history and Read More...
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OK, so perhaps I went a bit overboard with the Ouija board metaphor. No, I do not think that the military's detention of the Uighurs was just random, or whimsical, or the product of consultations with the Easter bunny. More to the point, I, too, accept Read More...
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David , you're right that the solution of my logic puzzle does not imply that courts should defer to the military; it's equally consistent with the proposition that the courts should make detention decisions and the military should defer to the courts. Read More...
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Eric—I just played your logic game. It's fun. But here's my question: Why do you prefer the M-Box? After all, nothing in logic makes it any better than a C-Box. Both could be accurate, and both could be inaccurate. And yet, I see from your earlier posts Read More...
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Hi, Orin , the Supreme Court's role is modest on some fronts, yes—I agree that deciding that child rapists can't be executed is not of the same order as upholding the death penalty in the first place. Or that outlawing one method of late-term abortion Read More...
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It's not a logic game , Eric—it's simply good, old-fashioned judicial review. The role of the "C-Box"—the court—is not to determine whether the detainee (not a "criminal suspect," by the way) is in fact telling the truth, but instead to determine (i) Read More...
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Many commentators, including my good friends Randy Barnett and Larry Solum , have praised Justice Scalia’s opinion in Heller v. District of Columbia as a sparkling example of original meaning originalism. After having read the opinion closely a number Read More...
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Can the president indefinitely detain someone who has no connection to al-Qaida and who has not engaged in any belligerent acts against the United States? Last week, an ideologically diverse panel (Judges Sentelle, Garland and Griffith) of the United Read More...
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An inventor has invented what he calls the M-Box. The M-Box is a lie detector and can be used to determine whether criminal suspects are lying or telling the truth. Unfortunately, the M-Box occasionally errs. Another inventor comes up with what he calls Read More...
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Like all good conspiracy theorists, Jack posits that a complex outcome must be the result of either "dumb luck" or ingenious strategizing by an all-powerful and all-knowing single actor. Here, the complex outcome is that Republican presidents—despite Read More...
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