Last week, JAMA Pediatrics published Prevalence Rates of Male and Female Sexual Violence Perpetrators in a National Sample of Adolescents, which promptly hit the news (see, e.g., this USA Today story and this National Geographic story, among many others). The results, based on a survey of 1058 youths age 14 to 21, were shocking: “Nearly […]
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Hello Conspiracy!
Hello Conspiracy! I am truly delighted to be joining you as the newest Conspirator, and thank Eugene for the invitation and warm welcome. I’ll be blogging primarily about issues at the intersection of law and the biosciences, including developments in neuroscience, philosophy of biology, and bioethics and the law. Occasionally, I’ll be posting about seemingly […]
If he does for NSA what he’s done for Obamacare, this could turn out pretty well
From Foreign Policy: Recently, Heritage refused to publish two papers about the National Security Agency’s surveillance programs written by a prominent conservative attorney. Why? Because he concluded that the programs were legal and constitutional, according to sources familiar with the matter. It was a surprising move for a think tank that has supported extension of the Patriot […]
At last, something good comes from the Snowden leaks
It turns out that at least one Washington mugger is a little too well informed about current affairs: An attempted mugging on Capitol Hill was thwarted Monday night by a quick-thinking victim — one who apparently keeps an eye on national security news. The victim, who weighs a petite 95 pounds, explained to the assailant […]
First You Let Men Marry Other Men, Next Thing You Know They Start Marrying Lawsuits
If only English were more like a programming language — and if only readers were more like computers — we could just use parentheses to keep subtitles like this from being jarring: Attorneys for the man suing James Cameron say they have discovered that the woman presiding over the case’s husband has worked with 20th […]
Ominous Developments on the “Internet Governance” Front
The future of Internet governance is starting to look more and more worrisome, and that should concern anyone interested in the Net as a platform for free and open global communication. This past week brought us a Declaration by the major Internet standards-setting organizations — ICANN, the Internet Society, the Internet Architecture Board, the World […]
Belgium’s Remarkable Capture of Pirate Ringleader
By Eugene Kontorovich on October 16, 2013 6:48 am in International Law, National Security, Uncategorized
Belgium has captured a senior Somali pirate kingpin in a remarkable operation. The leader of a pirate group, he had long been sought for hijacking a Belgian vessel in 2009. Now, undercover agents lured him and an associate to the Low Countries by pretending to be documentary film makers interested in making a movie about […]
Europe, the Cloud, and the New York Times
The New York The New York Times recently ran a story arguing that, after the Snowden revelations, Europe would have to build its own cloud computing industry to protect European privacy. I was moved to send the Times a letter in response. The Times edits such letters pretty heavily, so I’m sharing it here: You […]
The Fourth Amendment and “Dude, Where’s My Car?”
Here’s an interesting Fourth Amendment question decided by the 8th Circuit last year in United States v. Cowan, 674 F.3d 947 (8th Cir. 2012): If the police have a suspect’s car keys, and the key fob has an electronic button that sets off the car’s alarm when pressed, can the police press the button to […]
Nobels for the Economics of Asset Prices
Yesterday, the Sveriges Riksbank Prize in Economic Sciences in Memory of Alfred Nobel 2013 was awarded to three American economists: Eugene F. Fama, Lars Peter Hansen and Robert J. Shiller. According to the announcement, they received the award “for their empirical analysis of asset prices”. For more on the significance of their work, see Neil […]
DeTocqueville v. Blackstone
Two fun quotes: [From Alexis deTocqueville, Democracy in America:] Nothing could be more obscure and out of reach of the common man than a law founded on precedent…. A French lawyer is just a man of learning, but an English or an American one is somewhat like the Egyptian priests, being, as they were, the […]
Einstein, “the Swiss Physicist”
So he is labeled by an L.A. Times story today. That seems odd to me. Einstein did do most of his most famous work while in Switzerland, and, according to Wikipedia, maintained his Swiss citizenship until his death. But he spent fewer than 20 years of life in Switzerland, and my sense is that he […]
“Justice Kennedy on … Blogging,” and on Orin
From the Wall Street Journal Law Blog: Q: Chief Justice John Roberts, among others, has criticized law reviews for publishing articles on obscure subjects that offer little assistance to the bar and bench. I understand you agree — but have found a substitute. A: Professors are back in the act with the blogs. Orin Kerr, […]
Texas Lawyers Interested in Being Pro Bono Local Counsel for a Fun Media Law Case?
The UCLA First Amendment Amicus Brief Clinic that I’m teaching will be filing a brief in a fun Texas media law case, and we need pro bono local counsel, for help with filing and for review for compliance with Texas formatting details. (We’ll pay any filing and printing fees.) Might any of you folks be […]
How Best to Secede from a State
By Eugene Kontorovich on October 11, 2013 5:52 am in Constitutional Law, Constitutional Theory, Elections, Federalism, Originalism, Secession, Uncategorized
Some spirit of secession has spread across the land, with various areas in Maryland, Colorado, Texas, California and elsewhere discussing seceding from their states, because of political alienation arising from significant differences in values and preferences. I don’t take the political prospects of American secession movements too seriously, and assume their principal purpose is to […]