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Tuesday, April 15, 2008 - Posts

  • Yoo, Academic Freedom, and the Rule of Law


    I'm inclined to agree with Orin that John Yoo's memos, while wrong and at times pathetic in their attempt to defend the indefensible, would not be anything close to grounds for termination of a tenured professor had they taken the form of a law review Read More...
  • World Warms, EPA Chills


    When the Supreme Court decided the global-warming case last year—rejecting the Bush administration's claim that it had no legal power to issue rules regulating greenhouse gases to combat climate change—it seemed to be a landmark ruling . And in some ways, Read More...
  • More Hypocrisy at Guantanamo


    A guest post from Jonathan Hafetz at the Brennan Center: Even as criticism of Guantánamo mounts, Guantánamo’s underlying hypocrisy endures. That hypocrisy manifested itself again last week in a little-noticed decision by Washington, D.C. District Judge Read More...
  • Reply to Orin on Standards in Legal Academe


    Having just emerged from a period of reading many more law review articles than is no doubt good for my health, I guess I just have to dissent from your view, Orin , that "what makes Yoo's memos so remarkable is precisely how much they resemble con law Read More...
  • Rx for OLC: Pursue Integrity not Investigation


    President Obama wisely signals that his administration will not start out by setting old scores with the Bush administration absent the most unmistakeable showing of criminal intent. His own appointments will determine whether history repeats itself. Read More...
  • Can an Ineffective Judiciary Hear Its Own Case?


    Last week, I discussed the lawsuit of N.Y. Courts vs. N.Y. Governor and Legislature. Judith Kaye, the Chief Judge of the N.Y. Court of Appeals, has brought suit on behalf of the court system, arguing that the political branches have violated the principle Read More...
  • Obama fires a shot across the bow of the Bush administration's lawyers


    Will Bunch, columnist for the Philadelphia Inquirer, asked Sen. Barack Obama about the question we've been batting around for the last week or two on Convictions -- whether some Bush administration officials might face a criminal investigation or prosecution Read More...
  • Confirmation Caginess


    To basically concur with Eric's post on the Constitutional Commentary article and the New York Times op-ed on the confirmation process, I think the article is banal and the op-ed is confused. First, let's do the article. To advert again to the Casablanca Read More...
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