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Convictions: Slate's blog on legal issues
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The media missed the story on the McCain judges speech and the Democrats are bound and determined to snatch defeat from the jaws of Obama's likely nomination victory. Read More...
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The Reverend Jeremiah Wright should not be disowned by Barack Obama. He is too important in the narrative of a political campaign anchored in bridging differences -- an activity that no one ever said would be easy or politically expedient. Read More...
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The Roberts Court is successfully pursuing consensus across ideological lines using the distinction between facial and as applied constitutional challenges. For a Court that is made up of both conservatives and liberals, it allows both to be both at the same time. Read More...
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John McCain has some well-heeled friends -- and donors, and they have some strange ideas about what they're entitled to in the way of congressional attention. Well come to think of it, the idea of helping large campaign donors profit from public programs is neither strange, and apart from bribery and the like, nor illegal -- and that's what is really strange and disheartening. Read More...
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What might the Supreme Court be writing regarding the DC handgun ban? If the oral argument is any guide, and hopefully it will not be, the Court is invalidating the DC handgun ban, when an originalist understanding would reach the exact opposite result. Read More...
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Senator Obama has campaigned as a unifier transcending the divisions of old politics. There is no subject on which there is greater division than abortion. Winning the Pennsylvania primary and the nomination may well depend on leading now, and not just on "day one," with a tangible, common ground proposal suggesting how the incidence of abortion might be reduced while still respecting the integrity of a woman's decision. Read More...
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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...
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As Melinda Henneberger notes, Sen. Obama is being accused of displaying a profound misunderstanding of so-called Midwestern or small-town values based on a recent comment. The senator explained how voters—angry and demoralized by their economic circumstance Read More...
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Are Federalist Society principles transferrable to Democratic candidates? Is there an original understanding of the separation of powers and federalism that would be of service to either party's policies? Read More...
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When employers disregard the cultural importance of family, single moms are on the front lines of hardship and insult. Read More...
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A new study says women with children are less "productive" at work. Maybe it's time law firms and corporations -- and men -- restructure employment relationships to recognize that many women want to be both parent and professional, and the culture would be better off if we made that easier to do. Read More...
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John Yoo is a scholar of the first-rank. He confronted a legal and factual problem unlike any other public servant before him.
With hardly any law, and even less direct judicial precedent, he reached plausible, but not always, prudent conclusions. If we put aside the understandable suspicion of the overreaching of the president, can we objectively say what went wrong and, without perfect hindsight, what were the alternative legal -- as opposed to policy -- conclusions? Read More...
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John Yoo's controversial legal memorandum on interrogation authority is now being matched by Mrs. Clinton's ethically questionable memoranda advice attempting to distort the Watergate impeachment process -- including denying counsel to the accused. Isn't there some hope for concluding the American political process on the merits, not character failing? Read More...
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My endorsement of Senator Obama seems to have piqued some Republican and Catholic interest in the Senator, and whether as a consequence, I should be: (A.) tried by military commission or (B.) simply shot on the blogosphere of battle. All things considered, I guess I should just be happy to learn John McCain wants to shutter Gitmo, but in genuine respect of, and gratitude to, the many who have shared their own thoughts, here is a bit more explanation. Read More...
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Democrat Barack Obama has persuasively made his case to be president of the United States to this former constitutional lawyer for two Republican presidents. Here's why. . . Read More...
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Without natural law in the backdrop, the Second Amendment does not guarantee a right of individual self-defense. If the Court is on the verge of saying otherwise, is it prepared to revive natural law? If not, get thee to the legislature. Read More...
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Is the Roberts Court about law or politics? The DC gun case gives the Justices a unique opportunity to try out an internal procedure that might silence those who insist that Supreme Court judgment consists of little more than 4 conservatives arrayed against 4 liberals moderated by Justice Kennedy's perspective du jour. Read More...
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[Doug Kmiec] Oh, Second Amendment, we hardly knew ye. The Second Amendment has two main parts: a preamble and an operative provision. The preamble: "a well regulated militia, being necessary to the security of a free state," is a statement of purpose. Read More...
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The Republicans have a problem: John McCain. Oh, he's a military hero and all, and despite a wife who seems to lurk over him — well, everywhere (Spitzer could have used such a mate) — he is our courageous, if economically unschooled, nominee. I say "our" Read More...
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