The Justice Department’s website has posted a copy of the Office of Legal Counsel’s September 25, 2001 memo to the White House on the President’s war powers post-9/11. From its first paragraph: [The White House has] asked for our opinion as to the scope of the President’s authority to take military action in response to […]
Author Archive | Orin Kerr
ACLU Privacy Scandal:
Have you heard about the powerful international organization that engages in invasive, Big Brother-esque data mining; creates digital dossiers on people in violation of their own privacy policies; does all of this with no oversight and no judical review; and when challenged, tries to cover-up its practices? Would you believe that the organization is the […]
What Do 44% of Americans Believe?:
Newspapers and websites around the world are reporting what purport to be the results of a Cornell University poll on attitudes of Americans towards Muslims in the United States. The newspapers and websites are reporting that 44% of Americans say that they want to curtail the civil liberties of Muslim Americans. Here is the summary […]
Eighth Circuit Bush Appointees:
Howard links to this very interesting report about the Bush-appointed judges on the Eighth Circuit, the federal court of appeals that covers Iowa, Nebraska, Missouri, Minnesota, South Dakota, and North Dakota. I particularly liked the description of Judge Colloton: Lawyers appearing in front of Judge Colloton have seen him take the bench with the appendices […]
Rules Versus Justice:
In an essay on judicial ethics in Legal Affairs, Judge Alex Kozinski raises an interesting hypothetical relating to whether judges should bend rules to reach particular results. [C]onsider this example: You are reviewing a criminal appeal where a young man has been convicted of murder and sentenced to life without the possibility of parole. You […]
Federalism and Tort Reform:
On the Greedy Clerks board, AWC raises an interesting question: are conservatives hypocritical for favoring federal tort reform? After all, conservatives are usually in favor of limited federal goverment. When it comes to tort reform, however, many conservatives sing a different tune: suddenly they switch to talking about the dangers of state regulation and the […]
Habeas Jurisdiction in Saudi Arabia:
The Bush Administration’s claims of legal authority relating to the war on terror have been taking a beating in the courts recently. The latest round is a decision by Judge John Bates of the U.S. Distict Court for the District of Columbia finding federal court habeas jurisdiction over claims by a U.S. citizen held in […]
“Record Sentence” for Computer Crime:
Several people have asked me what I think about the AP story, Hacker Gets Record Sentence for a Computer Crime. The story reports: One of three Michigan men who hacked into the national computer system of Lowe’s hardware stores and tried to steal customers’ credit card information was sentenced Wednesday to nine years in federal […]
Mile High Club:
The FCC has voted to allow airlines to provide wireless Internet access on flights. Who needs tireblogging when you can have jetblogging? UPDATE: As sometimes happens when the press reports on legal developments involving new technologies, it appears that some news stories about the FCC ruling are somewhat inaccurate. Misreporting abounded today about the FCC’s […]
Rethinking Yarbrough:
Can an Ohio court punish the gruesome murder of two college students that occurred in Pennsylvania? In a capital decision issued a few weeks ago, the Ohio Supreme Court concluded that the answer was “no.” Yale 2L Chris Muha is now looking for help with a motion for reconsideration of that decision. The unusual twist: […]
The Plight of Conservatives in Academia:
In the Chronicle of Higher Education, a pseudonymous assistant professor writes about the burdens of being a conservative student and then tenure-track professor. How bad is it? Pretty darn bad! One horror story after another. The tragedy begins when the author was a student and faced blatant political discrimination in his coursework: During an “Introduction […]
LawProf Identity Theft:
Speaking selfishly, I hope it only happens when you are as famous as my colleague Jonathan Turley. (Hat tip: Matt)
Plagiarism in Academia:
A report from the Chronicle of Higher Education.
Federalism Revolution?:
Adam Cohen suggests in The New York Times that the Supreme Court may be on its way to declaring the New Deal unconstitutional. If you think this is likely, I have a game for you: name the last Supreme Court opinion that ruled in favor of the states or limited federal power in a case […]
South Texas Law Professor:
The world of crimlaw lawprof blogs has just expanded: please welcome South Texas Law Professor, by lawprof Dru Stevenson.