Archive | 2010

More on the Republic vs. Democracy Debate

Several Georgia legislators have introduced this resolution (link added): A RESOLUTION Informing Georgia Supreme Court Chief Justice Carol W. Hunstein that Georgia is a republic, not a democracy; recognizing the great differences between these two forms of government; and for other purposes. WHEREAS, on March 16, 2010, Georgia Supreme Court Chief Justice Carol W. Hunstein […]

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Supreme Court Justices Who Hadn’t Been Judges

People are remarking that Solicitor General Elena Kagan, who has been much talked about as a possible Supreme Court nominee, would be the first Supreme Court Justice since Chief Justice Rehnquist to be appointed without having earlier served as a judge. But it’s worth remembering that Rehnquist himself wasn’t an outlier: Of the eight Kennedy, […]

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Birth Defects as God’s Punishment for Abortion

From the Washington Post several weeks ago: “The number of children who are born subsequent to a first abortion who have handicaps has increased dramatically. Why? Because when you abort the firstborn of any, nature takes its vengeance on the subsequent children,” [Virginia Del. Robert Marshall (R-Prince William)] said. “In the Old Testament, the firstborn […]

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A Department That Doesn’t Look Like America

From the Magistrate’s Report and Recommendations in Tsaganea v. City Univ. of New York (S.D.N.Y. Jan. 27, 2010), adopted in relevant part by the district court a couple of weeks ago: Finally, the plaintiff relies on purported statistical evidence to support his theory that the selection process was rigged to hire a Jewish candidate. To […]

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“Exonerated” Former Death Row Inmate Reconvicted

Over at Crime and Consequences, Kent Scheidegger has a couple of interesting posts on former death row inmate Timothy Hennis.  He was found guilty yesterday of premeditated murder by a military jury, even though he has long been listed on the “innocence list” maintained by the Death Penalty Information Center.  Of course, it is possible […]

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Jonathan Rauch on David Frum on the Conservative Movement

An excellent column. I don’t agree with David Frum on everything, but I do agree with his view of Fox News and the conservative echo chamber. Of course, I gather some of our more conservative readers will look at this differently: I trust they will express their disagreements in our comment thread in a civil […]

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An Insufficiently Deferential D.C. Circuit?

In a column entitled “Regulatory Failure? Blame the D.C. Circuit,” Washington Post finanical writer Steven Pearlstein argues that the D.C. Circuit shares some of the blame for regulatory failures because its excessively searching review has demoralized regulators. He writes: [A]s we were reminded by a case this week involving the Federal Communications Commission, another big […]

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Judicial Law Clerk Without a Law Degree

From Carl Kaysen’s New York Times obituary, published several weeks ago: Dr. Kaysen earned a master’s degree in economics at Harvard in 1947 and his doctorate there in 1954. By then he was an assistant professor at Harvard but had also served as a law clerk for Judge Charles E. Wyzanski Jr. of United States […]

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