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Convictions: Slate's blog on legal issues
Wednesday, March 19, 2008 - Posts
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Emily’s brief post raises several fascinating questions, which seem to me to warrant fleshing out. The key sentence is the following: “if the government executes these men [the 9/11 plotters] after the coercive interrogation (torture) some of them experienced Read More...
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Phillip asked about Harvard's new tuition-waiver program, which he thinks will encourage students to take public service jobs. Maybe, but I'm not so sure. Suppose that the third year of Harvard Law School costs $40,000. Under plan (1), you borrow $40,000 Read More...
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[Deborah Pearlstein] Can't wait to read the Obama posts, but first thanks to Jack for the interesting post about the nature of constitutional rights, fundamental and otherwise. Nonetheless, I confess it didn't quite overcome my lingering sense of puzzlement Read More...
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Diane, you clearly don't understand blogging etiquette: You say something snappy, I shoot back a snarky criticism, you ratchet things up a notch, and the fun ensues from there. Having read your polite response, I'm rendered speechless. Read More...
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Adam , have you never heard of a catchy lede? Extracting from eye the thumb not put there: I think we agree -- we have a coming together -- that the majority opinion is an unusual appellate application of the Batson doctrine. Dian e Read More...
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[by Rich Ford] Diane, Here's a take on Snyder and words left unsaid: Justices Roberts' and Alito's position in Snyder is perfectly consistent with a strict and rigorous colorblindness interpretation of the equal protection clause-- i.e. the same position Read More...
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Diane, you summarized today's Snyder decision with "Today the issue of race divided conservatives in America." But by that mode of reasoning, you just as well could have offered, "Today the issue of race divided lawyers in America; African-American vote Read More...
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I thought Obama’s speech on race was possibly the best thing any politician has said about race in decades (note the qualification: any politician. ) Putting Rev. Wrights’ comments in the context of understandable, if misdirected, black anger over real Read More...
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Amidst all the reporting about massive first-year associate salaries at big law firms, greedy lawyers who will do anything to win a case, and other shark tales , every now and then there comes some positive news. This time the good news comes from Harvard Read More...
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by Diane Marie Amann Today the issue of race divided conservatives in America. In Snyder v. Louisiana , the U.S. Supreme Court reversed defendant's capital conviction for murder of his estranged wife on the ground that the exclusion of a single potential Read More...
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Deborah Pearlstein asks what evidence we have that the right to keep and bear arms is a fundamental right of the same kind as other fundamental rights, such as the other rights mentioned in the Bill of Rights. I can offer no better evidence than the speech Read More...
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[Dahlia Lithwick] Jack I am well aware that wading into a constitutional tussle with Jack Balkin is a lot like going hunting with Dick Cheney but I want to push back a little on your “living constitution” post . First, thanks for the kind words. Second, Read More...
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Jack's description of the "living constitution" is apt, but he glosses over what is really at stake. Academics have long known that the justices are motivated by their political views, and these views appear in a relatively straightforward way in their Read More...
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[Deborah Pearlstein] Reading Dahlia's account of yesterday's oral arguments in the big gun case reminds me why it was my co-clerks and I would read coverage by Linda and Dahlia the morning after arguments at the Court and call it a day (as far as non-work Read More...
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Like Ben and Eric , I felt a certain appreciation for Mukasey's odd riff about how he "kind of hope[s]" the 9/11 plotters don't get the death penalty because they're like masochists who want it, which would make the US a sadist in doling it out. First Read More...
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[Dawn Johnsen] I have time only for a quick response to Adam White on Cheney’s assertion that the VP is not part of the executive branch. I did find ludicrous Cheney’s initial claim that he was not part of the executive branch, which he asserted for the Read More...
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Following the oral argument in Heller, people have been having a good old time making fun of the Justices and their pretty transparent political motivations. Dahlia Lithwick's amusing account of the oral argument is one of her best. continue reading at Read More...
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Without natural law in the backdrop, the Second Amendment does not guarantee a right of individual self-defense. If the Court is on the verge of saying otherwise, is it prepared to revive natural law? If not, get thee to the legislature. Read More...
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I'd like to add to the Cheney discussion that Adam , Jack , Eric and Dawn have been having with a note about his comments today on the war, because I think they illuminate further his views on executive power. ABC News' Martha Raddatz sat down with Vice Read More...
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While I think Orin's right about both the outcome of Heller and the impact of the Obama talk, I am far less sanguine about the chances of a conservative base so contented that they'll stay home in any significant numbers. There are dozens of easily fabricated Read More...
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While the last episode of The Wire may not have wrapped up quite as cleanly as some closure-loving commentators would have liked, the final act of the writers-captured not on the little screen but in the pages of Time magazine-was a stunning and brazen Read More...
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Tuesday was a very bad day for John McCain for two reasons. First, Barack Obama gave a thoughtful and inspiring talk on race in America. I don't think Obama actually gave a good reason why he had associated so closely and so long with Rev. Wright, but Read More...
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