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Convictions: Slate's blog on legal issues
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"Memo to the next president" is the title of Los Angeles Times reporter Tim Rutten's commentary about how hard it will be for the administration that takes office on January 20, 2009, to get the United States out of the complex mess that's typically subsumed Read More...
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Marty says I am " simply mistaken " to argue that there is considerable space between the lines set by the Army Field Manual and the legal lines imposed by various international obligations of the United States. I don't think I'm mistaken—certainly not Read More...
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A reader of the newly declassified "torture memo" finds herself tempted to live-blog it; that is, to offer online, real-time notes that otherwise would be scrawled in the margins replete with all manner of punctuation symbols (! and ? and, yes, @*?%!). Read More...
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I've now completed reading the March 14th OLC opinion . As you might expect, there is a great deal within it that warrants very careful attention and analysis. There is nothing like it in our long legal history, as far as I know. After all, how often Read More...
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OK, true, Orin and Jack , lawyerly can mean trussing up bad and thin arguments with questionable analogies from other cases and a horde of citations. (Though an awful lot of the ones in this Yoo memo are to other OLC memos from the same era — the ones Read More...
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Orin notes that John Yoo's torture memo sounds very lawyerly in its arguments . This observation points to an important fact about legal discourse: Lawyers can make really bad legal arguments that argue for very unjust things in perfectly legal-sounding Read More...
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After reading the March 2003 memo ( NYT and WP ), I feel like the youngest kid at Passover dinner, who by tradition asks the question "How is this night different from all other nights?" Except that in this case, I'm left with the question of "How is Read More...
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My reaction to the Yoo memo is almost the exact opposite of Emily's : I'm struck by how lawyerly it reads. It cites tons of authority, hedges arguments, discusses counterarguments, and generally reads like a careful lawyer's work. In fact, if it were Read More...
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What takes my breath away about the Yoo memos , now that we can finally read them, is their air of uttery certainty. One after another, complex questions of constitutional law are dispatched as if there's no cause for any debate. The president has all Read More...
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Reading the Yoo memo as fast as I can, but here it is— Part 1 and Part 2 —for your evening reading. Thanks to the Washington Post and Marty . Read More...
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Over at Balkinization, Marty Lederman discusses the revelation of the previously secret March 14, 2003, memo by John Yoo that extends the theory of the 2002 torture memo (which sought to excuse the CIA) to the military's operations. Pages 18 and 19 of Read More...
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