Author Archive | Orin Kerr

Ron Suskind offers this very critical analysis of the President’s decisionmaking style in today’s New York Times Sunday magazine. For some commentary, check out Kevin Drum. If anyone has blogged a good defense of Bush in response to Suskind’s story, e-mail me the link at orinkerr at yahoo.com.   UPDATE: Bush supporters respond to the article […]

Today’s Washington Post has a detailed story by Charles Lane looking into the controversy of the OT 2000 Supreme Court law clerks who disclosed details of Bush v. Gore to Vanity Fair. The article includes a few strong hints (and two disclosures) of the identities of some of the former clerks involved.

Jon Stewart takes on Tucker Carlson and Paul Begala of CNN’s Crossfire here. (Compressed .wmv file; the video is about 13 minutes long.)

A very interesting story from today’s New York Times.

Yesterday, the Eleventh Circuit held that a city police policy requiring everyone attending a November 2002 protest against the “School of the Americas” to pass through a metal detector violated the Fourth and First Amendments.   The court’s opinion is particularly notable for its rebuke of the city’s effort to justify use of the metal detector […]

Two years ago, public concern over the proposed Total Information Awareness datamining program led Congress to defund the program. At the time, the thinking was that while the private sector and the international community was free to gather, scan, and assess large databases for all sorts of purposes, it was problematic to have the United […]

Can a short and factual amicus brief persuade someone that the Constitution permits capital punishment for crimes committed at the age of 16 and 17? If press coverage of the Supreme Court argument in Roper v. Simmons is any indication, this brief is the one to read to find out. It was written by my […]

The Justice Department formed a task force a while back to consider DOJ strategies for prosecuting intellectual property crimes. The 96-page report is now out, available here. The basic recommendation: add more investigative resources and increase the number of prosecutors.

Jim’s report below that the post-debate polls show “different results” is subject to an important caveat: the one poll that did not show Kerry as the winner was this ABC News poll that found the debate a draw only after polling substantially more Republicans than Democrats (38% to 30%, with another 28% being independents). Among […]

Larry Sabato offers an interesting analysis of the horse race for the Presidency here. Thanks to Ramesh Ponnuru at The Corner for the pointer.

Find them here. Expensive, but funny; this is my favorite. Thanks to AI for the pointer.

Tomorrow the Supreme Court will hear oral argument in Roper v. Simmons, a case that considers whether the Eighth Amendment prohibits capital punishment for crimes committed at the age of 16 or 17. One of the interesting questions potentially implicated by the case is whether people who are 16 and 17 tend to make less […]

up right now over at Vice Squad. Check ’em out.

is guest-blogging over at Crescat on self-help and the law. It’s very interesting stuff; the first post is here, and the second is here.

Over at the Yin Blog, law prof Kevin Heller points to this article in the L.A. Times about the Bush Administration apparently delaying an offensive in Iraq until the election is over.