The Huffington Post reports that Rep. Peter DeFazio (D-Or) is investigating articles of impeachment for Chief Justice Roberts in response to the Court’s decision in Citizens United. “I mean, the Supreme Court has done a tremendous disservice to the United States of America,” Rep. Peter DeFazio (D-Ore.) told The Huffington Post on Tuesday. “They have […]
Archive | 2010
Behind the Scenes of DOJ’s Black Panther Case
On Friday the Washington Post ran an extensive story on the Justice Department’s handling of a voter intimidation case against members of the New Black Panther Party in Philadelphia. Based upon the Post‘s reporting, which seemed quite thorough and balanced, I’ve come to the following conclusions: The original case was small potatoes. The Philadelphia district […]
Justice Stevens Still Dissenting on Flag Burning
The Las Vegas Review-Journal reports on recent remarks by retired Justice Stevens about Texas v. Johnson, the decision in which the Supreme Court held 5-4, over Stevens’ dissent, that flag burning could be a form of protected political expression under the First Amendment. According tot he article, Justice Stevens still believes the majority was wrong […]
NGO Accountability and Legitimacy at Brooklyn Law School
I was privileged yesterday to take part in an exciting conference in New York yesterday at Brooklyn Law School, Governing Civil Society: NGO Accountability, Legitimacy and Influence. Congratulations to Professors Claire R. Kelly and Dana Brakman Reiser at BLS for putting it together. I was on one of the panels at this one day session […]
A Good Theme for Your College Application Essay?
Let the Right One In?
Paul Miller, RIP
Like many of HLS ’86, I was saddened to read the obituary of our classmate Paul Miller, who passed away at the untimely age of 49. Paul was born with dwarfism, and as a disability rights activist, member of the EEOC, and other senior government positions, was long in DC, where I occasionally ran into […]
Alternatives to Woodrow Wilson
David Greenberg of Slate, at the end of a lengthy apologia for the worst president of the twentieth century, Woodrow Wilson, writes, “We might ask whom today’s Wilson haters would have preferred.” Okay, Grover Cleveland, three administrations prior to Wilson’s, and Calvin Coolidge, two administrations later, were far better on most relevant metrics. The administration […]
The Juan Williams Story Reminded Me of This Quote
We should all make more of an effort to discuss with one another, in a truthful and mature and responsible way, the divides that still exist — the discrimination that’s still out there, the prejudices that still hold us back — a discussion that needs to take place not on cable TV, not just through […]
Strange California Law:
The Sacramento Bee reports that the founder and operator of NoteUtopia.com, a website functioning as a kind of eBay-like marketplace for (among other things) student class notes, has received a cease-and-desist letter from the Cal State U. Chancellor’s office, informing him that the website violates a state education code section that prohibits anyone from selling […]
Some new articles
A few items I wrote this week for other sites: Examination of the gun issue in the competitive 2010 U.S. House races, for The New Ledger. Analysis of the denial of the motion dismiss in the 20-state lawsuit against Obamacare. For “Who Said, You Said,” a Colorado political website, an article on Time magazine misreporting, but […]
Libertarian critiques of cost-benefit analysis
I’m looking for critiques of regulatory cost-benefit analysis from a libertarian perspective. (Not just yours that you might think up, but articles or books.) Any suggestions? What also might count: A critique of neoclassical economics from a libertarian perspective, for instance along the lines of “people think this perspective is all free-market but it’s not […]
Administrative Law casebooks?
Does anyone have any views on the following Administrative Law casebooks? Koch Jordan Murphy Rogers Healy Krotoszynski Views on other books are fine too, but these are the main two I’m thinking of right now.
Self Defense and Non-International Armed Conflict in Drone Warfare
By Kenneth Anderson on October 22, 2010 6:31 am in Afghanistan, International Law, Targeted Killing, War and Armed Conflict
Over the past year, I’ve been spending much time on the questions of drone warfare and the legal issues raised – many talks, panel discussions, debates, and so on. In the course of those discussions, as well as discussions with many experts one-on-one, I’ve wanted both to clarify a couple of my views and acknowledge […]
Deliberative Democracy and Political Ignorance
Deliberative democracy is a very popular idea among political theorists and legal scholars. Advocates include such luminaries as Jurgen Habermas, and Amy Gutmann and Dennis Thompson. In this new article, produced for a symposium on deliberative democracy at Critical Review, I argue that deliberative democracy runs afoul of the problem of widespread political ignorance. Here’s […]
Orthodox Jewish Arbitrations, Islamic Arbitrations, and Discrimination Against Witnesses Based on Sex or Religion
I’ve at times blogged about the propriety of letting people agree to Islamic binding arbitration (by private Islamic arbitration panels) of their disputes, just as they can agree to Christian or Jewish arbitration, and just as they can agree to secular arbitration. (See, for instance, this post.) This agreement could take place either before a […]