|
|
Convictions: Slate's blog on legal issues
Tuesday, April 01, 2008 - Posts
-
In the layman's view of the criminal-justice system, defendants go to trial, are convicted or acquitted of certain charges, and if convicted, are sentenced for the offenses. But try to explain the reality of being sentenced for acquitted conduct, and Read More...
-
What takes my breath away about the Yoo memos , now that we can finally read them, is their air of uttery certainty. One after another, complex questions of constitutional law are dispatched as if there's no cause for any debate. The president has all Read More...
-
Reading the Yoo memo as fast as I can, but here it is— Part 1 and Part 2 —for your evening reading. Thanks to the Washington Post and Marty . Read More...
-
Over at Balkinization, Marty Lederman discusses the revelation of the previously secret March 14, 2003, memo by John Yoo that extends the theory of the 2002 torture memo (which sought to excuse the CIA) to the military's operations. Pages 18 and 19 of Read More...
-
Jack, yes, Justice Windowdressing's first name is indeed "Secret"; no member of the public can tell how he really feels. Driving my hypothetical is of course a question about what legitimacy means, and I'm not sure you have answered it. The problem is Read More...
-
It's from December, but then we did not have this blog then. So forgive me for looking back a bit. But this decision is, after all, issued by a federal district court and written by the chief judge of the district no less Although I had read about the Read More...
-
Rich Schragger responds to Jack Balkin: Because Jack was so kind as to respond to my prior post, I thought I’d pile on once more. I must admit that I am still a bit puzzled by Jack’s line between prescription and description. Jack’s account of living Read More...
-
Today begins National Poetry Month , no foolin'. Given concerns voiced here about the blindering of America's lawyers, how about honoring this " cruellest month " with a Convictions Poetry Slam? Let's hear nominations for best, or worst, law poetry. By Read More...
-
6. Use the techniques of common law decision making to extend, limit, and revise doctrines and precedents to help keep them faithful to text and principle as you apply doctrines to new fact patterns and changing circumstances. Most of your work as a judge Read More...
-
Jack asks me what I think of his top ten pieces of advice for judges. Well, let's take a look. 1. Be faithful to the original meaning of the text of the Constitution and the principles that underlie it. We're not off to a good start. Living constitutionalism Read More...
-
Orin, you need to redo your hypothetical to make it more interesting. Currently, there's an easy answer: Justice "Substance," i.e., Justice "I don't write opinions," seems not to be doing the traditional work of judges. He is not offering written opinions Read More...
-
Today's Washington Post reports that the Bush administration has decided to charge Ahmed Khalfan Ghailani with before a military commission at Guantanamo Bay for acts committed before Sept. 11 -- to wit, his alleged participation in the bombing of the Read More...
-
Jack, I'm curious, based on your response to Eric's post -- and implicitly, to my earlier one -- are there any past or current Supreme Court Justices whose decisions are not on the whole reasonably consistent with your advice? My earlier understanding Read More...
-
The study mentioned by Emily can be found here (though you might have to pay to see it). Several of its conclusions are puzzling. 1. "[C]hildless women may be more productive than women with children and their male colleagues (with or without children)." Read More...
Join the Fray: our reader discussion forum What did you think of this article?
|
|
|