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Convictions: Slate's blog on legal issues
Friday, March 21, 2008 - Posts
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[Adam White] Eric, I think you're reading too much into my post on George Will's latest column . You make a few points; let me roughly group them and respond in turn, not necessarily in the order in which you presented them: First , regarding the specifics Read More...
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Eugene Volokh takes Dahlia Lithwick to task for accusing Republican Supreme Court justices of hypocrisy when in fact they are merely applying their (" conservative ") judicial philosophies in a consistent manner. Dahlia thinks that conservatives believe Read More...
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[Nancy Gertner] Kenji Yoshino asks whether it is better to eliminate peremptory challenges altogether rather than risk their use in a discriminatory fashion. I understand the problem; Snyder , the Supreme Court's recent peremptory challenge case, dramatized Read More...
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So here's where I think our arguments are passing in the ether, Jack. First, I've always understood there to be an at least doctrinal (perish the thought) distinction between "fundamental rights" and "everything in the Bill of Rights." (So when, for example, Read More...
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Richard Schragger is another Slate contributor who teaches at UVA law school. He sent in this email in an effort to clarify where you and I differ Jack. In his post concerning the “living Constitution” Jack takes Dahlia to task for her naiveté – how can Read More...
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I’ve been getting lots of interesting emails about my conversation with Jack about the proper role of social moments in constitutional courts so I thought I’d share some of the best. James Ryan teaches at the University of Virginia and has written for Read More...
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[Benjamin Wittes] To the extent the eventual convictions of KSM et al rely on coerced testimony, even indirectly, I agree with you, Emily , that the Defense Department should not put them to death. The hard question is what to do if, notwithstanding their Read More...
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Putting on my doctrinalist's hat, rather than my historian's hat, I was nonplussed by Deborah's casual statement that if we recognized a fundamental right to keep and bear arms "that citizens would be able to carry guns with them pretty much anywhere, Read More...
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With growing appreciation of Jack and Dahlia (and growing bewilderment at how any of us will keep up with our day jobs in a post- Convictions world), let me offer a few thoughts in response to Jack's post on the Second Amendment and more broadly on constitutional Read More...
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I must confess, Dahlia, that you saw something in my last post that I didn't see. I was not writing about the "drawbacks of living constitutionalism," but about how living constitutionalism of the kind you like actually works. You seem to think that there Read More...
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Adam invites us to ponder a recent column by George Will, who says, in the context of a picayune dispute among a group of people whom he obviously thinks are a bunch of rubes (actually, the "people" of Pinal County are salt-of-the-earth regular guys and Read More...
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To respond to David’s questions on the deported dandy Sebastian Horsley, here’s the governing law from the State Department . The United Kingdom is one of the countries recognized under the Visa Waiver Program, which is what it sounds like. But according Read More...
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Jack, thanks for your thoughtful post on the drawbacks of living constitutionalism. I don’t imagine you really believe that the version of living constitutionalism you’ve unspooled -- if it’s living constitutionalism at all – is one I’d embrace. That’s Read More...
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Ben, you posed great questions the other day about the 9/11 plotters, their culpability and appropriate punishment, the due process that the military tribunals set up to try them could deliver, and, especially, what "real due process" would look like Read More...
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In response to my post on the purposes behind the Fourteenth Amendment and the light they shed on the right to keep and bear arms, Deborah Pearlstein says she "need[s] some help understanding the evidentiary weight I should accord Senator Howard's remarks Read More...
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