Today the U.S. Court of Appeals for the D.C. Circuit issued an interesting opinion concerning efforts by Taiwanese people to obtain internationally recognized passports. Judge Brown’s opinion for the court in United States v. Lin begins: America and China’s tumultuous relationship over the past sixty years has trapped the inhabitants of Taiwan in political purgatory. […]
Author Archive | Jonathan H. Adler
Justice Defends Wiretaps, Invokes State Secrets (Again):
From the San Francisco Chronicle: The Obama administration is again invoking government secrecy in defending the Bush administration’s wiretapping program, this time against a lawsuit by AT&T customers who claim federal agents illegally intercepted their phone calls and gained access to their records. Disclosure of the information sought by the customers, “which concerns how the […]
McGinnis on Holder’s Treatment of OLC:
Over at Executive Watch (a truly excellent blog sponsored by the Duke Law Program in Public Law), former Deputy AAG John McGinnis comments on Attorney General Eric Holder’s treatment of OLC over the constitutionality of legislation to grant D.C. representation in the House of Representatives. If the Attorney General believed that this opinion was wrong, […]
Creditors Should Suffer Too:
Tyler Cowen in today’s NYT: even smart and honest regulators can monitor a financial firm only so well. A firm’s balance sheet doesn’t always reflect its true health, and regulators do not have an inside perspective on the firms they are supposed to secure. We do need more effective regulation, but calls for regulators to […]
How Much Will Government Grow?
Jacob Levy places a bet. Mike Rappaport would take it.
The Defunded D.C. Voucher Program:
Today’s Washington Post reports: The D.C. Opportunity Scholarship Program, the first federal initiative to spend taxpayer dollars on private school tuition, was created by a Republican-led Congress in 2004 to help students from low-income families. Congress has cut off federal funding after the 2009-10 school year unless lawmakers vote to reauthorize it. Overall, the study […]
Sunday Song Lyric:
The video for Run-DMC’s 1985 hit, “King of Rock,” opens with the duo approaching the “Museum of Rock and Roll.” As the enter, a security guard blocks their way. “Hey, this is a rock and roll museum. You guys don’t belong in here.” But the rap duo will have none of it. I’m the king […]
“Holder’s Way”:
Tomorrow’s Washington Post will feature an op-ed by former OLC deputy Edward Whelan strongly criticizing Attorney General Eric Holder At his recent confirmation hearing, a chastened Holder assured senators that he had learned from the past and was committed to upholding the department’s high standards. He specifically promised not to politicize DOJ’s legal positions: “We […]
“Holy Hell” in Torture Memo Fight:
It appears the Obama Administration remains divided over whether to release additional OLC “torture memos.” Attorney General Eric Holder wants to release the memos, but high-level intelligence officials, including John Brennan and Leon Panetta, are opposed. Michael Isikoff reports: the White House last month had accepted a recommendation from Attorney General Eric Holder to declassify […]
The Google Book Settlement:
The NYT reports on the controversy surrounding the proposed settlement in the lawsuit challenging Google’s plan to digitize out-of-print books. a growing chorus is complaining that a far-reaching settlement of a suit brought against Google by publishers and authors is about to grant the company too much power over orphan works. These critics say the […]
Fannie & Freddie to Pay Retention Bonues:
The WSJ reports that Fannie Mae and Freddie Mac expect to pay $210 million in retention bonuses over the next eighteen months. Even though the bonus amounts may be far less than sparked outrage at AIG — some 7,600 employees could be eligible for bonuses, which would average out to less than $30,000 each — […]
PETA’s Pothole Wars:
Kentucky Fried Chicken has offered to fill potholes at its own expense in select cities — but there’s a catch. KFC wants to stamp the filled holes with a temporary “Refreshed by KFC” logo. People for the Ethical Treatment of Animals objects to this, arguing that any city that accepts the offer is supporting “Kentucky […]
Supreme Court Stays Comstock:
Earlier this year, in United States v. Comstock, the U.S. Court of Appeals for the Fourth Circuit held that portions of the Adam Walsh Child Protection and Safety Act, enacted in 2006, exceeded the scope of Congress commerce clause power. Specifically, the court held that the commerce power could not be used to civilly commit […]
Sidestepping Bailout Rules:
It appears that some of the restrictions placed upon the use of bailout funds is discouraging private sector participation. As a consequence, the Obama Administration is seeking ways to circumvent the rules. The administration believes it can sidestep the rules because, in many cases, it has decided not to provide federal aid directly to financial […]
Still More on the OLC Opinion Re: D.C. Voting Rights:
In another follow up story, the Washington Post provides more detail about Attorney General Eric Holder’s decision to seek a second opinion after learning that OLC concluded that the D.C. representation legislation is unconstitutional. After receiving a legal memo that declared the pending D.C. voting rights bill unconstitutional, Attorney General Eric H. Holder Jr. reached […]