Archive | 2010

Muhammad: The Banned Images

The most recent instance of self-censorship of the Mohammed cartoons, because of fear of violent reaction, should remind us all of the importance of Voltaire Press’s Muhammad: The Banned Images. Please support Voltaire Press’s project by (1) urging your library (public or university) to buy the book so as to make it more available to […]

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Index on Censorship (“Britain’s Leading Organisation Promoting Freedom of Expression) Self-Censors in Article About Yale University Press’s Self-Censorship

The Index of Censorship ran an interview with Jytte Klausen, which was titled (at least in the online version) “See No Evil,” and began this way: Jytte Klausen talks to Index on Censorship about her new book on the Danish cartoons crisis and discusses why it was published without any illustrations Jytte Klausen’s book The […]

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Bad Ideas in Airport Security, Slovakian Edition

If you have complaints about TSA, at least they haven’t pulled any stunts as dumb as placing real explosives in the luggage of innocent passengers as part of a security test. The BBC reports: Irish police have released a man held over an explosives find, after Slovak authorities admitted planting them in his luggage as […]

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My Response to David Brooks, Taken from an Old Article on Lawyers, Elites, and the New Class

(Update:  Thank you Instapundit) David Brooks has a piece up today in the Times attracting much comment. I am no populist, except perhaps by David Frum’s unexacting standards, but let’s just say I think that Brooks somewhere along the way lost the marvelous tuning that made him the true heir of Veblen.  I think it […]

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ALI Pulls Model Death Penalty Statute

The American Law Institute has decided to pull its model death penalty statute, as recounted in this New York Times article.  As Kent Scheidegger points out in this detailed post, the action was not  intended to be a statement by the ALI that the death penalty should be abolished.  Nonetheless, that appears to be the spin […]

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D.C. Circuit Upholds Broad Detention Authority

Earlier today the U.S. Court of Appeals for the D.C. Circuit released its opinion in Al Bihani v. Obama, its first substantive post-Boumediene Guantanamo detainee habeas decision.  In an opinion by Judge Janice Rogers Brown, the court rejected Al Bihani’s habeas claims, affirmed the district court’s denial of his habeas petition and embraced a fairly […]

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Ford Sales Surge

Ford Motor Company’s December 2009 sales were up 33 percent from December 2008.  By comparison, Chrysler’s sales were down 4 percent.  GM has yet to report.  One factor is almost certainly the quality of Ford’s product — my wife certainly loves her Ford Edge and hopes we’ll get another when the lease runs out — […]

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Will the Health Care “Conference” Be on C-Span?

Congressional leaders may dispense with the traditional House-Senate conference to reconcile the two chambers’ competing health care bills in favor of less formal negotiations.  Whatever form the process takes, C-Span would like to be there.  On December 30, C-Span CEO Brian Lamb sent a letter to Congressional leaders requesting that his network be able to […]

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Restitution for Victims of Child Pornography

Yesterday U.S. District Judge Patrick Schiltz of the District of Minnesota issued an interesting order regarding a restitution application in a child pornography case.   In his order, found here, Judge Schiltz chastises the government for failing to pursue restitution for child pornography cases in his district, even though Congress has made restitution mandatory in such cases.  […]

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Looking Forward After Pottawattamie County

Yesterday the Supreme Court granted petitioners’ motion to dismiss the writ of certiorari pursuant to Rule 46 in the spellcheck-challenging Pottawattamie County v. McGhee, 08-1065, which involved whether prosecutors who try a case are entitled to immunity when sued for allegedly procuring before trial false evidence to frame a criminal defendant. The motion, which petitioners […]

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Getting to Causation in Toxic Tort Cases

I’ve posted this article, published in the Brooklyn Law Review, on SSRN.  It’s  intended to be a more or less practical guide for judges and attorneys to causation issues in toxic tort cases, not a philosophic treatise (not that there’s anything wrong with that!).  Here’s the abstract: Since the issue first arose in earnest in […]

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Underfunded Public Pensions as “Stranded” Costs? Two Trillion Dollars?

The Financial Times runs a story today by Francesco Guerrera and Nicole Bullock on the looming problems of underfunded public pensions at the state and local level in the United States.  The news story cites a new study by Orin Kramer, chairman of New Jersey’s pension fund: The estimate by Orin Kramer will fuel investors’ […]

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