Archive | June, 2009

Q. How would you describe the political ideology of someone who worked for Michael Dukakis’s campaign, was a cabinet secretay for Bill Clinton, holds a high-level position in the Obama Administration, and, who, when applauded at a Federalist Society meeting, responded “Thank you very much–I think. Let me remind you, I am a Democrat. I […]

Among the several opinions handed down today, the Supreme Court ordered the recusal of a West Virginia Supreme Court justice due to the excessive independent campaign expenditures made by the CEO of a company in a case before that court. The majority opinion was written by Justice Kennedy, and joined by the four liberal justices. […]

It’s now been over three years since the U.S. Court of Appeals for the Second Circuit heard oral argument in Connecticut v. American Electric Power. In this case, several state AGs sued the nation’s largest utility companies alleging their facilities contribute to the “public nuisance” of global warming and seeking court-imposed emission reductions. A Second […]

The Washington Post reports that the Waxman-Markey “cap-and-trade” bill is chock full of traditional command-and-control regulation, including measures that will create a national housing code for energy efficiency. the bill also contains regulations on everything from light bulb standards to the specs on hot tubs, and it will reshape America’s economy in dozens of ways […]

“Nearly 30 percent of Medicare

Thanks to all the commenters for their discussion in the comments thread. Commenters raised two items I thought warranted brief follow-up. First, one commenter said that the ABA had condemned President Obama’s signing statements in a March 12, 2009 item in the ABA Journal. I don’t wish to belabor this subject, because my point in […]

That’s my take, anyway. Michael Kinsley looks at the business and editorial model of the new Newsweek. Characteristically amusing piece in TNR. Kinsley walks through the many problems of the new, revamped Newsweek. How much of it looks like the old Newsweek, to start with. But the essence of the critique is one that bedevils […]

The National Law Journal

Over the past two months, Ed Whelan (with whom I blog on NRO

In addition to being the 65th anniversary of D-Day, today is the 30th anniversary of my arrival in the United States from Russia, at the age of five. Nothing else that has ever happened in my life had a greater positive impact on me than my parents’ decision to leave the Soviet Union and come […]

In the last couple of years, much of my research and writing has been devoted to the law and ethics of war, and with particular focus on targeted killing, the concept of who may be targeted on the battlefield for taking “direct part in hostilities,” and robotics on the battlefield. These issues come together in […]

Adam Liptak has an interesting article on Ricci v. DeStefano in the NYT. An excerpt: Almost everything about the case of Ricci v. DeStefano

My soon-to-be-new colleague Irina Manta has recently posted her article “Privatizing Trademarks” (forthcoming in the Arizona Law Review on SSRN. While I don’t know much of anything about trademark law, I generally like privatization and found the article interesting. The abstract is below. While trademarks are designed to promote a competitive and productive marketplace, the […]

“1. A deputy sheriff may require individuals entering the courthouse to remove masks, veils, or other face coverings at the security checkpoint, without regard to whether the individual claims a religious basis for remaining masked or veiled, if the sheriff

This week it was reported that Judge Sotomayor has made several speeches in which she suggested that a “wise Latina woman,” or simply a “wise woman,” would make different or better decisions as a judge than a “wise man.” Does this matter? According to some, this is further evidence that her statement in a 2001 […]