Josh Blackman has video, liveblogging, and my PowerPoint presentation. The panelists were Notre Dame Prof. Rick Garnett, the Alliance Defense Fund’s Jordan Lorence, Paul Smith (the lawyer in this case for the Hastings gay student group), and me; Judge Bill Pryor of the Eleventh Circuit moderated. I much enjoyed the panel, and hope the audience […]
Archive | 2010
Is Israel Behind the Stuxnet Cyberattack on Iran?
I’m going to leave it to Co-Conspirator Stewart and other cybersecurity legal experts to discuss the legal issues, but regarding the recent Stuxnet worm that Iran reports infected its computers and, we are told, particularly its nuclear program, the New York Times says … Experts dissecting the computer worm suspected of being aimed at Iran’s […]
Kill Calder v. Jones!
By David Post on November 19, 2010 12:25 pm in Constitutional Law, Cyberspace Law, Internet, Judicial Power
It sounds like a good Civ Pro 101 (or, perhaps, Cyberlaw 101) exam hypothetical : “Your client, Scott Roberts, a Virginia resident, purchased a Pontiac engine block from Kauffman Racing Equipment, L.L.C., an Ohio-based company that builds automotive equipment and sells it to the public. Roberts purchased the engine block after viewing it on Kauffman’s […]
“Gamesmanship Pays Better than Entrepreneurship”
If you wanted to get rich, would you invest your energies in starting a business to sell an innovative new product or service, or would you move to Washington, D.C. and become a lobbyist? Townflier CEO Morris Panner looks at trade association CEO salaries and notes that the smart bet is to go inside-the-beltway, and […]
China Shows Off Its Drones
China has been moving to catch up with the US and Israel in production of military UAV drones, reports the Wall Street Journal today, in an article by Jeremy Page (Friday, Nov. 19, 2010, A11). The article says that the uptick in drone output has surprised the West: Western defense officials and experts were surprised […]
Dear Airline Letters
Here is what happens when airline let the TSA come between them and their customers. UPDATE: Maybe airports that go their own way will save some of these relationships.
Recall of U.S. Senators Is Unconstitutional, Says the New Jersey Supreme Court
The opinion is Committee to Recall Robert Menendez v. Wells. I think the majority is right on its conclusion that a recall would indeed be unconstitutional. I quote below the argument that I made earlier this year on the subject, which is chiefly based on the constitutional text; for more, and for a good deal […]
NYT “Room for Debate” Blog on Prosecuting Terrorists in Federal Court
You can find links to five essays on that topic here. My own response as part of the NYT blog debate is here.
Lindsey Graham Says All Options on the Table re Iran and Nukes
Tod Lindberg, editor of the Hoover Institution’s Policy Review, reports in the Weekly Standard on a blunt message delivered by Senator Lindsey Graham (R-SC [corrected]) at a discussion meeting of senior transatlantic policy makers, the Halifax International Security Forum. It’s not a forum that would attract a lot of attention, but the attendees are very […]
Same-Sex Marriage and the Defeat of Iowa Supreme Court Justices
[UPDATE: I’m afraid my correspondent erred on one item in this post; here’s his follow-up message, with his apologies: “Damn. I sure did get that wrong about Governor Culver signing the Iowa DOMA — my source was wrong on that when I checked, but the error still is mine. Apparently I was not as well-informed […]
Ted Koppel on Changes in the TV News Business
Read it here. A depressing account, especially as it suggests that the Golden Age — Golden at its best, at least — was inevitably just a temporary window.
Diversification and the Market for College Admissions
Help me out with thinking this through; I’m unsure about what I suggest below and would like to figure it out. (To commenters: I’m particularly interested in how to model the strategic behavior here – I’ve suggested that it could be thought of by reference to stock portfolio diversification theory, but as several have pointed […]
Tod Lindberg Assesses the Presidency at Midterm, and My Query about Academics in Government
Tod Lindberg, editor of the Hoover Institution journal Policy Review, offers in the Weekly Standard an assessment of the President at the mid-term … President McCain, that is. It is incisive, rather than played for laughs, and characteristically shrewd in its implied judgments. But as long Tod is speculating, let me speculate in a different sense. […]
Clarity in Supreme Court Opinions, and the Role of Concurrences
Adam Liptak has a somewhat puzzling critique of Supreme Court opinions in the New York Times. Two quick responses: 1. No matter what Supreme Court opinions look like, there will always be someone who criticizes them for not being clear enough. If an opinion is long, the criticism will be that the opinion has too […]
Speaking Tour
My book Rehabilitating Lochner: Defending Individual Rights against Progressive Reform is due out in the Spring, and I’m available to talk about the book next semester. If you are an officer of a student or lawyer Fed Soc chapter and are interested in inviting me to speak, please email me at dbernste at gmu dot […]