Archive | July, 2007

How Bush Decided on the Libby Commutation:

Newsweek’s Michael Isikoff has a fascinating report here. UPDATE: For a perspective on how the process worked in another commutation case a few years ago, this post at Legal Ethics Forum is interesting. (Hat tip: Adam Levin)

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Sunday Song Lyric:

Despite Al Gore’s best efforts, it seems that the Live Earth concerts (aka “private jets for climate change”) were largely underwhelming. Despite performances by many big name acts, this was not Live Aid for the planet. Not every band was eager to play the show. Some, like British indie-pop sensations the Arctic Monkeys, found the […]

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Boycotting the British UCU Boycott of Israel:

This morning I received the following note from Professor Steve Lubet of Northwestern University Law School that I thought would be of interest to VC readers. Dear Colleagues: As you probably know, the British University and College Union recently passed a resolution advancing a boycott of Israeli scholars and academic institutions. Whatever your political views […]

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Glendon and Kmiec on OT2006:

Mary Ann Glendon and Douglas Kmeic offer this Legal Times commentary on the Supreme Court’s OT2006 and the roles of Chief Justice Roberts and Justice Alito. Despite some ideological carping from those who lost cases that depended upon the extension of past decisions, Roberts and Alito have also shown themselves to be strongly respectful of […]

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“Those Who Cure You Will Kill You”:

It is quite disturbing that those involved in plotting the foiled terror plots in Britain were trained in medicine. Unfortunately, such perversions of medical obligations are nothing new. As my former colleague Amos Guiora recounts, the leadership of Hamas included a doctor who justified his support of terrorism by suggesting there were two of him […]

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Biotech Can Boost Milk Production:

Milk prices are up, and may well go higher. What can be done about it? Dr. Henry Miller, a former FDA official now with the Hoover Institution, has an idea: One way to ease the shortage and lower the prices is to take greater advantage of a proven 13-year-old biological technology that stimulates milk production […]

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No Fourth Amendment Protection in E-Mail Addresses, IP Addresses, Ninth Circuit Holds:

Commentators and Congress have long assumed that government surveillance of non-content “header” information like e-mail addresses and IP addresses, typically done by a service provider, do not violate a Fourth Amendment “reasonable expectation of privacy.” Today the Ninth Circuit became the first court to hold this directly in United States v. Forrester.   My major concern […]

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Why Isn’t He Running for President?

I happened to catch on one of my local NPR stations this afternoon a talk that Colin Powell gave at the Aspen Institute a few days ago, focusing on the Iraq war. Maybe it’s just me, but to my ears Powell is the only one out there who talks sense about the war — why […]

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Plaintiffs Lack Standing to Challenge NSA Surveillance:

Today the U.S. Court of Appeals for the Sixth Circuit held that none of the plaintiffs in American Civil Liberties Union v. National Security Agency have standing to challenge the program and dismissed the case. Judge Batchelder wrote the opinion for the court. Judge Gibbons delivered a separate concurring opinion, and Judge Gilman dissented. I […]

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InAlienable Publicity Photo:

I thought those who read my live blogging (click link for all posts on one page) from the set of InAlienable last week might enjoy seeing these two publicity photos of the cast that I just received from photographer Michele K. Short. From left to right: Eric Avari, Richard Hatch, Courtney Peldon, Judy Levitt (Walter […]

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Federalist Society Online Debate on the Al-Marri Decision:

The Federalist Society has posted an online debate about the Fourth Circuit’s recent decision in Al-Marri v. Wright. The contributors were Richard Epstein, Andrew C. McCarthy, George Terwilliger, Erwin Chemerinsky, John Hutson, and myself. You can read the Justice Department’s petition for rehearing in the Al-Marri case here.

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Truth as a Defense in Defamation Cases:

A reader asked me whether true reputation-injuring statements are categorically immune from defamation liability. (Let’s set aside for now invasion of privacy and other torts.) His state statute, he noticed, provided that such statements are protected only if they are said with “good motives” and for “justifiable ends.” Historically, many state statutes indeed so limited […]

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Scooter Libby Pays His Debt to Society:

A $250,000 fine plus $400 of special assessments, to be specific; the check is here. Meanwhile, over at Slate, Michelle Tsai considers how or whether Libby (or his defense fund) could get back the money if Libby is eventually pardoned.

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