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Rx for OLC: Pursue Integrity not Investigation
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.
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Blame Berkeley
With all due respect to Chris Edley, whom I admire, and the University of California, to which I owe a great deal, I think Edley's position on John Yoo gets it exactly wrong — and epitomizes why people deride the "Ivory Tower" as insulated from reality.
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Did Yoo and Bybee Violate Canons of Professional Ethics?
Over at The Nation , Stephen Gillers argues that the Yoo-Bybee torture memos violated canons of professional ethics , in part because Yoo and Bybee were confused about who their client was: How could two really smart guys authorize torture using "one-sided
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Academic Freedom and Yoo
I agree with Marty that the questions raised about Yoo's position at Berkeley are complex. I do not hesitate to hold Yoo ethically and morally culpable for what he did as a government lawyer. I am skeptical but I suppose open to specific persuasion that
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Dean Edley and John Yoo
In addressing whether Professor Yoo should be open to revocation of tenure or other academic status inquiry, Dean Edley and Marty Lederman have thoughtfully defended academic freedom and the rule of law. I concur. That does not free us from the lessons
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Yoo, Tenure, and the Academy
In response to many calls for possible dismissal (or at least investigation) of John Yoo at the Boalt (Cal Berkeley) School of Law, Dean Chris Edley yesterday issued a memorandum strongly rejecting the idea (albeit reserving some harsh words for Yoo's
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