Archive | August, 2009

Back around 2002 to 2003, it was common for people to debating the role of government in the national security area to say that “9/11 changes everything.” The idea was that the attacks of 9/11/01 had so substantially changed our sense of the terrorist threat — or at least should have — that it called […]

In my Torts syllabus, I also included these paragraphs on analogizing and distinguishing cases. Though they are in many respects pretty obvious, my sense is that sometimes it’s helpful to walk through even the obvious things, especially to students who are likely feeling nervous and inadequately informed about what they’re supposed to do. And of […]

I’m all fine with works of ridiculous fiction, but it seems to me that even the ridiculous should be as accurate as possible given the constraints of its ridiculousness. So the trailer for 2012 doesn’t get a pass for calling Mayans “Mankind’s Earliest Civilization,” which isn’t even close.

In his joint press conference in Mexico today, President Obama stated clearly that the U.S. has chosen the side of former President Zelaya in Honduras: We have been very clear in our su–, belief that President Zelaya was removed from office illegally, that it was a coup, and that he should return. We have cooperated […]

I thought I’d take the liberty of giving my periodic reminder that Academic Legal Writing: Law Review Articles, Student Notes, Seminar Papers, and Getting on Law Review (by yours truly) makes a nice present for a friend or relative who’s going to law school, or going to start the second year of law school. And […]

Here are some materials I put together for my first-semester torts students, aimed at explaining some things that students often find mystifying and frustrating about law school (such as, why aren’t we just learning the rules?). My thinking is that students are generally happier if they understand that we have good reasons for certain pedagogical […]

Soon after I arrived in Tokyo yesterday, a major earthquake (7.1 on the Richter scale), hit the area. I felt our hotel shake, but was completely unharmed; my fiancee actually slept through the whole experience. Tomorrow morning, a typhoon is expected. As a rationalist and an atheist, I have to assume that these events are […]

One of the recurring issues in the body of criminal caselaw involving driving violations (such as speeding and drunk driving) is what counts as a “vehicle.” If a law prohibits speeding in a vehicle, or driving a vehicle while intoxicated, courts eventually have to grapple with what counts as a “vehicle.” These cases pop up […]

What follows was posted up as a final addendum to the FOIA-ACLU post below; I’ve been urged to put it up as a separate post. I’ve hesitated to do so, partly because I think it will leave numbers of people thinking, perhaps correctly, that its political heat is excessive – and also because, due to […]

With Justice Sotomayor sworn in, my temporary gig as Special Counsel to Senator Cornyn is over and it’s back to blogging for me. Thanks to everyone I worked with over the last few months for such a great experience; not only was Senator Cornyn a terrific boss, but his staff was first-rate. Special thanks to […]

For years the chemical industry has fought additional federal regulation. They argued that existing laws, such as the Toxic Substances Control Act (TSCA) were sufficient. Now, however, it appears they’ve changed their tune. The Washington Post reports: For the first time, chemical manufacturers said they are willing to furnish the Environmental Protection Agency with health […]

There have been significant developments on the signing statements debate, although I’m unfortunately not in a position to blog them at the moment (I’m on Cape Cod, and my wife, who is preparing for trial upcoming shortly, has a superior claim on the laptop). As recounted in a Charlie Savage article this morning (which I […]

The LA Times reports that Attorney General Eric Holder is now expected to appoint a prosecutor to look into the alleged abuse of detainees during interrogations. Specifically, the report suggests the prosecutor will be asked to examine the narrow question of whether CIA personnel and others exceeded the limits on interrogation techniques that were set […]

With apologies to the Senior Conspirator, I am going to be taking a week off, starting this afternoon at 4:00 pm. It’s not just that I won’t be posting for a week – I won’t be reading this blog or any other blog for a week. In fact, with the exception of absolutely necessary email, […]