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Monday, April 21, 2008 - Posts

  • Does pie or homework taste better?


    To the "more pie" metaphor advanced today by Adam and years ago by Orin , let me add the "more homework" spin on same. It's a favorite aphorism of U.S. Supreme Court Justice Stephen G. Breyer ; I've heard him use it 2, maybe 3 times, so it's not surprising Read More...
  • Obiter Dicta


    Today I encountered two insights simply too good not to reprint here. First, from Jack W Burtch, Jr.'s essay [pdf] in the new issue of the Virginia Lawyer : "Becoming a partner is a decision, not a reward. . . . Becoming a partner in a law firm is like Read More...
  • And Another Thing, Jack


    As Jack mulls over a response to Orin on computers in the "national surveillance state," I'd like to raise a different set of beefs with the Jack-type response to today's Washington Post's story about the government's recent failures in terrorism trials. Read More...
  • Quick Response to Jack on the National Surveillance State


    Jack suggests that I have misunderstood his argument about a "National Surveillance State," but I'm not so sure -- and I'm pretty confident he has misunderstood my criticism. To be clear, my point is not specifically about responding to threats, or security Read More...
  • Human rights isn't a zero-sum game


    Eric , nothing that the pope said Friday favored one set of rights over another. Indeed, as my post stated, his speech to the U.N. General Assembly included "a tacit reprimand to those who would privilege civil and political rights over economic, social, Read More...
  • Posner vs. Hurlbert


    Convictions blogger Eric Posner debates National Security Network executive director Heather Hurlbert over at bloggingheads.tv on a range of subjects from Bush's climate change speech to executive power to what President Obama might do if a country like Read More...
  • Orin and the National Surveillance State


    Orin has not read all of my work on the National Surveillance State, so perhaps he may be forgiven for not recognizing that I emphasize the very points he mistakenly believes to be a critique of my argument: I argue that as times change, increasingly Read More...
  • Will the Next Administration Show More Respect for International Law?


    As a matter of rhetoric, maybe. In substance, skepticism is called for. One searches in vain for concrete plans advanced by the candidates for improving America's international law compliance. They do all say that they will respect the Geneva Conventions, Read More...
  • The Misleading "National Surveillance State"


    Jack has written before about what he sees as a growing "National Surveillance State," and I thought I would explain why I think Jack is wrong. What Jack perceives as a "National Surveillance State" is actually a shift from physical world activity to Read More...
  • Prosecution as Prevention in the National Surveillance State


    Since the 9/11 terror attacks the FBI has adopted a strategy of attempting to nip potential terrorist plots in the bud by bringing prosecutions against suspected terrorists based on relatively sparse evidence of criminal conspiracy. This strategy, the Read More...
  • Judge Ginsburg on Law & Economics


    The D.C. Circuit's Judge Douglas Ginsburg recently returned to his old stomping grounds, Harvard Law School, to speak on the subject of Law & Economics . He reflected on the history of the study of Law & Economics -- a course of events in which Read More...
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