My friend Rachel Brand has this interesting (and short) article on the judicial nominations process — and the role of home state Senators — in the current issue of the Harvard Journal of Law & Public Policy.
Archive | 2010
WSJ Column on CFPA:
My latest contribution to the WSJ, on why the presence of a CFPA wouldn’t have prevented this financial crisis and won’t prevent the next one, is here. The working paper I reference is here.
Harold Koh Discussion with John Bellinger on International Law and the Obama Administration
By Kenneth Anderson on February 19, 2010 10:12 am in Counter-Terrorism Policy, International Human Rights Law, International Law, Robotics, Targeted Killing, Terrorism, War on Terror
Harold Koh, Legal Adviser to the State Department, held an informal public discussion a couple of days ago with his predecessor from the Bush administration, John Bellinger. This was an American Society of International Law event, held at John’s law firm, Arnold & Porter, and moderated by my old friend and ASIL’s Treasurer, Nancy Perkins. […]
Is the White House Preparing For Three Supreme Court Vacancies This Summer?
A lot of press reports have speculated recently about the possibility that there will be two retirements at the Court in coming months. As best I can tell, no one who follows the Supreme Court closely actually thinks it is going to happen. But that doesn’t stop the speculation. In that spirit, I’d like to […]
Searches of a Suspect’s Home When the Suspect Is Arrested Immediately Outside the Home
Maryland v. Buie (1990) holds that, when a suspect is arrested in a home, [A]s an incident to the arrest the officers could, as a precautionary matter and without probable cause or reasonable suspicion, look in closets and other spaces immediately adjoining the place of arrest from which an attack could be immediately launched…. [S]uch […]
A Few Thoughts on Robbins v. Lower Merion School District
Eugene links to the complaint in the school-provided-laptop-with-cameras case, and I wanted to offer a few thoughts on it from a legal standpoint. I’ll assume the school’s statement as to what happened is accurate, and the computer’s camera was turned on and a still photo was taken only when the school believed the laptop had […]
State court standards of review for the right to arms
That’s that title of a forthcoming article in a Santa Clara Law Review symposium, by Clayton Cramer and me. We examine, in detail, scores of important cases, from Bliss v. Commonwealth in 1822 up to the present. We explain which cases can provide useful guidance to modern courts which must interpret the Second Amendment (and which […]
Big Teacher Is Watching You?
According to the Complaint in Robbins v. Lower Merion School District (filed a week ago), 2. Unbeknownst to [high school students and their parents], and without their authorization, [high school officials] have been spying on the activities of [the students] by Defendants’ indiscrimina[te] use of and ability to remotely activate the webcams incorporated into each […]
Under-18-Year-Olds and the Right to Keep and Bear Arms
The majority in State v. Sieyes rejects a 17-year-old’s challenge to Washington’s restriction on gun possession by under-18-year-olds; eight Justices take this view. The restriction is basically a ban on under-18-year-olds’ possessing guns, with exceptions for possession at home (for self-defense) or on family property, with a parent’s permission, as well as for certain lawful […]
Washington Supreme Court Holds Second Amendment Is Incorporated
The case is State v. Sieyes; six Justices (including the Justice who dissented in part) took this view, two didn’t reach the question, and one signed the majority opinion but with the notation “result only,” which I take it also means that she didn’t express a view on the question. Thanks to Aaron Bartlett and […]
Prof. Glenn Reynolds (InstaPundit) Talks to Prof. Russ Roberts About His Hayek/Keynes Rap Video, and About American Economic Literacy (or Lack Thereof?)
Todd Zywicki blogged the original video here — here is Reynolds’ interview (simple free registration required).
“The EPA’s Carbon Footprint”
My article from the March 2010 Reason on the Environmental Protection Agency’s “endangerment finding” that triggers the regulation of greenhouse gases under the Clean Air Act is now available online. It begins: On December 7, as delegates from around the world gathered in Copenhagen for the United Nations climate conference, Environmental Protection Agency Administrator Lisa […]
Brown President Resigns as Goldman Director:
Roy Poses has the remarkable story of the resignation of Brown President Ruth Simmons as a Director of Goldman Sachs. She took $4.2 million in stock units with her and 10,000 additional options. Roy also has some provocative comments on the increasingly intertwined relationships between academia (especially elite academia) and Wall Street. I’ve noticed (partly […]
Libertarian Views of Attorney’s Fees in Civil Rights Cases
If a libertarian group successfully sues the government and becomes legally entitled to attorney’s fees, is it consistent with libertarian philosophy to seek those fees from the government — essentially getting the taxpayer to fund your litigation campaign? That question arises in this post that in turn focuses on this amicus brief signed by the […]
On Justice Scalia’s Letter About Secession
Orin blogged about it briefly here; the letter itself is quoted here, and reads: I am afraid I cannot be of much help with [the question of whether there is a legal right, enforceable by the Supreme Court, for a state to secede], principally because I cannot imagine that such a question could ever reach […]