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Convictions: Slate's blog on legal issues
Monday, March 17, 2008 - Posts
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While I don't have thoughts on the substantive merits of Heller [FN1], David's comment on the Cheney brief's implications for the unitary executive raises an issue that's interested me greatly. Simply put, I don't think that the vice president's support Read More...
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Akhil Amar’s analysis of Heller is unlikely to persuade any justices doctrinally, but it captures the cultural point that will decide this case. According to Amar, the Second Amendment had to do with militias, so it doesn’t create an individual right. Read More...
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Regarding Dahlia's post , Mukasey's comments were unwise but not hard to understand. Death is the supreme punishment for an ordinary criminal, but it is also the supreme test for people who seek to live up to their ideals. We would not remember Nathan Read More...
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[Orin Kerr] During this morning's Supreme Court oral argument in Rothgery v. Gillespie County , Justice Scalia had an interesting exchange with Rothgery's lawyer, Danielle Spinelli, about the consequences of the exact moment that a right to counsel attaches Read More...
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On the David/Emily/Dahlia/Orin chat about how many are minding the unitary executive's store in selling the Heller case to the court, I agree with Orin's speculation that there are certainly some (conservative) base politics at work here in the VP's amicus Read More...
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What do you all make of Attorney General Michael Mukasey’s reported comments in London last week that the 9/11 plotters the Pentagon will be trying at Guantanamo Bay should not be executed even if they’re convicted? These are the same terrorists who’ve Read More...
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In her post below on the news of squabbling within the administration over its Heller brief, Dahlia asks, "I’d give a donut to anyone who can offer insight on what end is served by these attacks from within the administration and without. What point in Read More...
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While everyone seems to be focused on which sermons Barack Obama heard from his minister and what the Second Amendment means, the United States, and by extension the world, is on the brink of a financial melt-down, which the Federal Reserve Board is doing Read More...
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David I had a little fun with the exploding unitary executive last week as did Marty and I’d give a donut to anyone who can offer insight on what end is served by these attacks from within the administration and without. What point in making Solicitor Read More...
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I am an unlikely blogger. I am a United States District Court judge for the District of Massachusetts. I have been a judge since 1994, and have taught Sentencing at the Yale Law School for the past nine years. (Emily Bazelon, in fact, was in my class!) Read More...
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[Doug Kmiec] Oh, Second Amendment, we hardly knew ye. The Second Amendment has two main parts: a preamble and an operative provision. The preamble: "a well regulated militia, being necessary to the security of a free state," is a statement of purpose. Read More...
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Dahlia and Akhil Amar just posted great pieces in Slate about D.C. v. Heller , the guns case to be argued on Tuesday at the Supreme Court. As lots of commentators have already said, this case is irresistible because the court will be writing on a practically Read More...
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Jeffrey Rosen argued that it is, in a Sunday NYT magazine article , but he supplies little evidence: "Of the 30 business cases last term, 22 were decided unanimously, or with only one or two dissenting voices." -- But how many of them were decided in Read More...
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[David Barron] By noting the Vice President's surprising comfort level with his own independence - as I did in an earlier post on the Binary Executive - I did not mean to argue Cheney was acting illegally by striking out on his own. My point was to highlight Read More...
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We already knew that Vice President Cheney was comfortable arguing that his office was not part of the ... well ... the executive branch. In arguing that an executive order covering the executive branch did not apply to the vice president, he seemed to Read More...
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Yes, we can hope that will be readers’ reactions to this great new Slate meta-law-blog. But I’m referring, instead, to Bono’s expletive when he accepted the Golden Globe for best original song five years ago. (Trivia question: What was the song? A. “The Read More...
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For three decades now the U.S. Department of State each year has issued a report on the human rights practices of other countries throughout the world. It does so to comply with the Foreign Assistance Act of 1961 , §§ 116(d), 502B(b); that is, at the Read More...
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What do Eliot Spitzer , Dickie Scruggs , and Tupac Shakur all have in common? Ego and hubris, of course. But more specifically, a belief that they operated by different rules than the rest of us mere mortals. Not just that they could avoid being caught, Read More...
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