Archive | June, 2009

Motion to Dismiss Denied in Padilla v. Yoo:

A federal judge has largely denied John Yoo’s motion to dismiss Jose Padilla’s suit against him. There’s a brief NYT report here, and more on the Constitutional Law Prof blog here. Prior posts on this litigation are here. UPDATE: More coverage from NYT and San Francisco Chronicle.

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PS Further Thoughts to the Berkowitz Post, on Sports:

This is a post script to the post below on conservatism and the curriculum, only this is specifically about what I said there concerning sports and politcs: So. Okay. I have to make An Important Confession. I don’t know anything about sports. It seems kinda strange to admit, but since my childhood sport was … […]

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“If They Can Find Time for Feminist Theory, They Can Find Time for Edmund Burke”:

Peter Berkowitz, a political philosopher who is a senior fellow at the Hoover Institution, has an excellent short opinion piece in the Wall Street Journal, “Conservatism and the University Curriculum,” for which the title of this post is the subtitle. Berkowitz is an extraordinarily gifted thinker and writer, and this short piece is well worth […]

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Thank Goodness for Pet Psychics:

Photo caption I stumbled across: “Tinker Bell, a six-pound Chihuahua, rests in her owner’s arms after a happy reunion. The dog was blown away by a 70-mph gust of wind on April 25 and lost for two days. Dorothy and Lavern Utley of Waterford Township, Mich., said a pet psychic helped them find Tinker Bell.” […]

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Fierce advocacy:

Continuity continues. The Obama Justice Department yesterday filed a brief urging a California district court to dismiss a little-known constitutional challenge to DOMA filed in late 2008 by a married gay couple. (No, it’s not the Olson/Boies challenge to Prop 8.) The brief makes some unexceptional jurisdictional arguments about standing and immunity. For lots of […]

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When One Federal Agency Sues Another:

The U.S. Court of Appeals for the D.C. Circuit issued an interesting opinion today in Securities Exchange Commission v. Fair Labor Standards Authority, a case in which one agency sued another. In ruling for the government against the government, the opinion for the court by Judge Brown begins: This is the sort of dispute that […]

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Senator Cornyn’s “Daily Question” for Judge Sotomayor:

Senator John Cornyn has announced that he will pose a “daily question” raised by Judge Sotomayor’s record and opinions every business day from now until the start of the confirmation hearings on July 13. As the press release explains: “The goal of the Daily Question series is to encourage a civil discourse that focuses on […]

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“What Really Happened” in Ricci:

Stuart Taylor may “admire many things about Judge Sonia Sotomayor,” but his latest column raises concerns about the handling of Ricci v. DeStefano. The panel’s decision to adopt as its own U.S. District Judge Janet Arterton’s opinion in the case looks much less defensible up close than it does in most media accounts. One reason […]

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Bloggers unsure of whether Health Care bill should be bipartisan, and who Republican leader is:

This week’s National Journal poll of top political bloggers produced unusually fractured results. Question one was “Politically, how important is it to President Obama that health care reform be bipartisan?” Sixty percent of the Right and 42% of the Left thought it was “very” or “somewhat” important. Question 2 was “Who is the dominant voice […]

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Another Emmy Nomination:

When I am not blogging, one of my activities is appearing on the weekly public affairs program Colorado Inside-Out. It’s similar to the national weekly roundtable shows, except that we don’t overtalk each other, and we try to advance the discussion, rather than repeating talking points. Once or twice a year, we do a “time […]

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Lysander Spooner Honored by Yale:

Over on Legal History Blog, my Georgetown colleague Dan Ernst heralds the publication of The Yale Biographical Dictionary of American Law (Yale Law Library Series in Legal History and Reference) edited by Roger K. Newman. According to the publisher’s description: This book is the first to gather in a single volume concise biographies of the […]

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France, the EU, and Internet Speech:

The answer to the question that I know you’ve all been asking yourselves (i.e., “Where’s David Post, and why hasn’t he posted anything of late to the VC? — even just to pitch his book!) is: I’m teaching this summer at our Rome program, and between adjusting to a new (and very, very complicated city) […]

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“Hostile Work Environment” Harassment Case Based Partly on Playing of Radio Show That Discussed Sex:

I blogged last year about the panel decision, and I’m glad that the court has agreed to rehear it. The panel decision helps illustrate how hostile environment harassment law may suppress constitutionally protected speech. The panel held that Ingrid Reeves could proceed to trial with her hostile environment harassment claim — which is to say, […]

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