Archive | 2010

Michael Horowitz Running for Yale Board of Trustees:

Anne Neal has the scoop.  I’ve known Michael for several years.  He is an immensely smart and serious man who would be an excellent trustee for Yale (although it appears that they have a title different from trustee there). It appears that Michael needs 3808 petition signatures by TOMORROW Oct. 1 to get on the […]

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Obama Names First D.C. Circuit Nominee

The nominee is Caitlin Halligan, an appellate lawyer from New York who was formerly a law clerk for Patricia Wald on the D.C. Circuit and Justice Breyer on the Supreme Court. The BLT has an interesting report on the nomination here. I don’t know anything about Halligan myself, but given the importance of the nomination […]

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“You Can’t ‘Fact-Check’ a Fever Dream of Paranoia and Irrationality”

Forbes has “fact-checked” its infamous and inflammatory cover story by Dinesh D’Souza, “How Obama Thinks.”  Heather MacDonald is not impressed. Such a “fact-checking” feint is irrelevant to this travesty of an article; you can’t “fact-check” a fever dream of paranoia and irrationality.  Sickeningly, while “How Obama Thinks” is useless as a guide to the Obama presidency, […]

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D.C. Circuit Issues Second Stay Order in Stem Cell Case

Following oral argument Monday, a three-judge panel of the D.C. Circuit (Rogers, Griffith, and Kavanaugh) yesterday ordered a “stay pending appeal” of District Court Judge Royce Lamberth’s preliminary injunction of NIH grants for human embryonic stem cell research. This is clearly good news for the federal government and supporters of embryonic stem cell research. Judge […]

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Europe’s antiterror message to US: Sure sucks to be you

As the threat of major terror attacks rises, the European Commission has chosen to take action.  Of a sort.  It’s about to violate its existing antiterror agreement with the United States – and in a way that will make the current threat worse. Al-Qaeda is apparently planning Mumbai-style commando attacks on European, and the US has reportedly launched drone strikes […]

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Gun Rights and the 2010 Senate Elections

That’s the topic of my article in yesterday’s edition of The New Ledger. Bottom line: in the Venn diagram, Republican gains and pro-Second Amendment gains sometimes overlap, but not always. New Hampshire, West Virginia, Indiana, North Dakota are guaranteed gains for Second Amendment supporters, regardless of which party wins. The most important races, from a right to […]

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Public Ignorance About Religion

A Recent Pew Research Center survey of American’s knowledge about religion shows widespread ignorance. The study asked 32 mostly relatively basic multiple choice questions about various religions (including a few on religion and public life): On average, Americans correctly answer 16 of the 32 religious knowledge questions on the survey by the Pew Research Center’s […]

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RICO Extraterritoriality: The Second Circuit Weighs In

In late June, I posted on the Supreme Court’s recent decision in Morrison v. National Australia Bank, which included a very full-throated reaffirmation of the presumption against extraterritorality.  I noted in my post that “[t]he Court’s opinion has implications for a petition that the Court considered at its private conference yesterday, British American Tobacco Co. […]

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Is There a First Amendment Exception for (Most) Knowingly False Statements of Fact, or Instead Several Exceptions for Libel, Fraud, Perjury, and the Like?

I’ve blogged about this important but unresolved question before, and it has arisen as well with regard to the Stolen Valor Act. The Supreme Court’s recent United States v. Stevens decision may bear on this as well, to the extent that it suggests that the categorical exceptions are limited to those that have been historically […]

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