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Wednesday, July 02, 2008 - Posts

  • More on Parhat


    Marty says , echoing Phil: That is to say—and as Eric's closing swipe at Congress suggests—Eric believes that war should not be governed by legal standards at all. Which is fine, I suppose. But as Phil has stressed, that's not the view of history and Read More...
  • Ah, but the Question Is *Not* Whether It Is "Wise" To Detain the Uighurs, "All Things Considered"


    OK, so perhaps I went a bit overboard with the Ouija board metaphor. No, I do not think that the military's detention of the Uighurs was just random, or whimsical, or the product of consultations with the Easter bunny. More to the point, I, too, accept Read More...
  • More Fun Logic Puzzles


    David , you're right that the solution of my logic puzzle does not imply that courts should defer to the military; it's equally consistent with the proposition that the courts should make detention decisions and the military should defer to the courts. Read More...
  • M-Box/C-Box and the Old Logic vs. Experience Chestnut


    Eric—I just played your logic game. It's fun. But here's my question: Why do you prefer the M-Box? After all, nothing in logic makes it any better than a C-Box. Both could be accurate, and both could be inaccurate. And yet, I see from your earlier posts Read More...
  • Hills of Beans


    Hi, Orin , the Supreme Court's role is modest on some fronts, yes—I agree that deciding that child rapists can't be executed is not of the same order as upholding the death penalty in the first place. Or that outlawing one method of late-term abortion Read More...
  • The "M-Box" Has Got No Clothes!


    It's not a logic game , Eric—it's simply good, old-fashioned judicial review. The role of the "C-Box"—the court—is not to determine whether the detainee (not a "criminal suspect," by the way) is in fact telling the truth, but instead to determine (i) Read More...
  • Is Heller an Original Meaning Decision?


    Many commentators, including my good friends Randy Barnett and Larry Solum , have praised Justice Scalia’s opinion in Heller v. District of Columbia as a sparkling example of original meaning originalism. After having read the opinion closely a number Read More...
  • The Logic of Indefinite Dentention: How All the World's Militants Are Connected to the 9/11 Attacks


    Can the president indefinitely detain someone who has no connection to al-Qaida and who has not engaged in any belligerent acts against the United States? Last week, an ideologically diverse panel (Judges Sentelle, Garland and Griffith) of the United Read More...
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