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From the Benches to the Trenches
Eric, your last post regarding judges on tanks made me chuckle. In my mind's eye, I pictured one of the judges I know (or maybe Convictions ' own Judge Nancy Gertner ) sitting in the loader's seat of an M1A2 Abrams tank, riding along next to the tank
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"RobertsAlito" Is Not All One Word—The End of Judicial Activism as a Campaign Issue
Judicial Activism is a largely fictitious issue that won't play in the 2008 campaign. The friendly differences of opinion among Chief Justice Roberts and Justices Alito, Scalia and Thomas illustrate why not.
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Minority Leader McCain
The prospects for a Justice Clinton, Hillary or Bill, are not great, but should the Democrats sweep up to 12 new seats, the speculation is not other-worldly, except perhaps to the Chief Justice and Justices Alito, Scalia and Thomas.
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A Wee Bit Misunderstood
Adam , I meant neither to endorse "a longtime practitioner" nor to exclude law professors or sitting judges from consideration for court vacancies. Persons holding any of these positions may qualify as "lawyer's lawyers" or, indeed, "judge's judges."
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Re: Perhaps a "Lawyer's Lawyer" ...
Diane, we're in full agreement on the point that the nation would benefit from the appointment of a "lawyer's lawyer" to the Supreme Court . While I can think of a number of federal judges (and even a couple of law professors) who I think would do a fine
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Perhaps a "Lawyer's Lawyer" or "Judge's Judge" for the High Court
It's disappointing that neither presumptive presidential nominee names John Paul Stevens as the type of justice whom he'd like to nominate to the U.S. Supreme Court. This is not to say that Stevens, a Republican appointee, belongs in every pantheon of
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A Guest Post by Robert Weisberg on the Relationship Between "Actvism" and "Federalism"
Robert Weisberg, of Stanford Law School, offers a guest post: Dahlia Lithwick’s latest column about the California marriage decision shows how the availability of the "activism” trope is more than the intelligence (or other virtues like rationality, sanity,
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A Tale of Two Courts
David Savage writes in today's Los Angeles Times about the deep divide between the Obama and McCain camps over what kind of judges should be appointed to serve on federal courts, including the Supreme Court. Savage boils down the issue to this: Sen. McCain
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Boy, That Doug Kmiec Is One Smart Cookie
There's more than just agreement between John McCain and Doug Kmiec; McCain and Obama have points of constitutional agreement as well. Exploring that common ground is far preferrable than McCain's giving unrefined insult to federal judges or just taking a swipe at his Democratic opponent for President.
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Questioning Doug Kmiec on the McCain Speech
Doug, I'm interested in learning more about your criticism of Sen. McCain's speech. In particular, I'm curious about the differences between what Sen. McCain said in yesterday's speech and your own well-known criticisms of the federal bench and the Supreme
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McCain Injudiciously Attacks Judges and the Constitution; Dems Wrongly Attack Obama's Ideal
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.
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McCain's Intemperate and Unfortunate Assessment of the Third Branch
John McCain dishonors the federal judiciary raising tired and out-worn complaints about judicial activism that are not borne out by fact. And why isn't Antonin Scalia on his favorite's list?
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Sentence First, Verdict Afterward! The Anatomy of Plea Coercion.
Michael Brick’s ambitious piece in today’s New York Times about the wide ranging narcotics prosecutions in the housing projects of Brooklyn omitted some important details which suggest that the “historic conspiracy” referred to in the Brooklyn District
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