One of the foremost attorneys in China, Gao Zisheng believed in the rule of law, and began to try to use the law to protect human rights. Senator Byron Dorgan (D-N.D.) describes what happened next: He wrote an open letter to the United States Congress asking us to pay some attention to the lack of […]
Archive | 2010
The Gitmo Rebellion
The title is actually from Nick Baumann’s article at Mother Jones. On Tuesday morning, Sens. Jim Webb (D-Va.) and Blanche Lincoln (D-Ark.) teamed up with Graham for a press conference to announce a bill that would block funding for Obama’s proposal to try 9/11 co-conspirators, including Khalid Sheikh Mohamed, in civilian courts. By expressing full […]
Golden California
The Times Literary Supplement has a nice cover review-essay on California – Golden California – and it is, happy to say, open access. It’s by Michael Saler and reviews two books, Imperial (on the Imperial Valley, by William Vollman) and Golden Dreams (part of California historian Kevin Starr’s multivolume series on California history). Although agreeing […]
Another Interesting Headscarf Case
Zargary v. New York (S.D.N.Y. 2009): The Court finds that it is policy at Singer Correctional to photograph inmates without hats or head coverings during the admissions process. The photograph or photographs are placed on identification cards used by both the inmates and corrections officers…. The requirement that the photograph be taken without any head […]
Eric Holder Letter to Senators on Abdulmutallab
By Kenneth Anderson on February 3, 2010 6:12 pm in Counter-Terrorism Policy, Criminal Law, War on Terror
AG Eric Holder has released a letter to a group of Senators wanting an explanation for, among other things, the decision to Mirandize the Christmas Day bomber. I’ve read it quickly and guess I’d describe it as doubling down on the administration’s actions, rather than walking them back. Holder takes responsibility for the decision: I […]
Does Congress Have the Power to Ban Possession of Body Armor by Felons?
A Ninth Circuit panel held, 2-1, that the answer is yes. Today, the Ninth Circuit denied rehearing en banc, and four judges — Judges O’Scannlain, Paez, Bybee, and Bea (one of whom, Paez, was the dissenter from the panel opinion) — dissented. Thanks to How Appealing for the pointer.
Justice O’Connor’s Latest Opinion
This morning the U.S. Court of Appeals for the Sixth Circuit issued an opinion in Demings v. Nationwide Life Insurance, Co., affirming the dismissal of a proposed class action. Of note, the opinion was authored by Associate Justice (Ret.) Sandra Day O’Connor, sitting by designation. UPDATE: LAst August, Jess Bravin had this piece on Justice […]
Premier of Newfoundland To Have Open Heart Surgery in U.S.:
This article sent to me by my Canadian ex-pat colleague Michael Krauss pretty much speaks for itself: ST. JOHN’S, N.L. — Newfoundland Premier Danny Williams will undergo heart surgery later this week in the United States. Deputy premier Kathy Dunderdale confirmed the treatment at a news conference Tuesday, but would not reveal the location of […]
Seeking Qualified Mentally Retarded Lawyers?
From a Justice Department job announcement for “up to 10 experienced attorneys for the position of Trial Attorney in the Voting Section in Washington, D.C.”: The Civil Rights Division encourages qualified applicants with targeted disabilities to apply. Targeted disabilities are deafness, blindness, missing extremities, partial or complete paralysis, convulsive disorder, mental retardation, mental illness, severe […]
Monbiot: Heads Must Roll at CRU
The Guardian‘s George Monbiot is again calling for resignations at the University of East Anglia’s Climate Research Unit. This is a tough time for climate science. The Guardian’s new revelations about the hacked emails from the Climatic Research Unit (CRU) at the University of East Anglia might help to explain the university’s utter failure to […]
Legal Protection for Historical Cell-Site Records
Next week a panel of the Third Circuit will be hearing oral argument in a case that considers whether federal law requires a warrant for the government to obtain historical cell-site records. I blogged a bit about this when the District Court’s decision was handed down, and I thought I would say a bit more […]
Facebook Ready To Litigate ECPA Issues
The National Law Journal reports on an interesting position by the Deputy General Counsel of Facebook: Facebook’s legal department is ready for a fight. Almost every day, law enforcement officials and civil litigators request information from a user’s Facebook account, Deputy General Counsel Mark Howitson told several hundred lawyers in a packed ballroom during his […]
Bloggers: Scaled-back health legislation is likely. Split on effects of Citizens United.
Last week’s National Journal poll of political bloggers asked “What’s the most likely outcome this year of President Obama’s health care reform initiative?” The plurality choice on the Left, and the majority choice on the Right, was “Scaled-back legislation will be enacted.” I agreed: “Remember, even after the defeat of Hillarycare, many of its sub-elements […]
Roscoe Pound on the Second Amendment
“In the urban industrial society of today a general right to bear efficient arms so as to be enabled to resist oppression by the government would mean that gangs could exercise an extra-legal rule which would defeat the whole Bill of Rights.” Roscoe Pound, The Development of Constitutional Guarantees of Liberty 91 (1957). Although Pound […]
The Amazon, Apple, Macmillan Kerfuffle
I have been trying to follow the story of the dustup among Amazon, Apple, and Macmillan on pricing on e-book readers, but have been distracted by other things. What interests me are the business models being pursued by the various parties here – and whose makes sense, whose doesn’t, and who is likely to survive […]