2012/01/22

Fixing the grand jury

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As a long-time advocate of grand jury reform I am often asked to summarize how we might do that. I have a website and a sub-site dedicated...
2012/01/20

SOPA and PIPA unconstitutional

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The recent opposition to two bills, the House Stop Online Piracy Act (SOPA) and to the Senate Protect IP Act (PIPA) has made almost exclusiv...
1 comment:
2012/01/06

Muckrakers needed

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"Th newspaper does ivrything f'r us. It runs th' polis foorce an' th' banks, commands th' milishy, controls t...
2011/12/11

Foolish call to "end corporate personhood"

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Los Angeles Poised To Be The First Major U.S. City To Call For End To Corporate Personhood The notion that somehow "corp...
4 comments:
2011/12/06

What's Wrong with Wall Street

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If financial institutions wanted to play games with monopoly mo...
2011/12/03

Bill would end the Internet as we know it

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The "Stopping Online Piracy Act (SOPA) — HR 3261 — and its counterpart in the Senate, "PROTECT IP," will LIMIT Internet freed...
2011/11/26

First stop the lying

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When Gorbachev set out to reform the Soviet Union one of the mottos he adopted was glasnost , “openness”. Or as he put it, “First we have t...
2011/11/09

Help countries write new constitutions?

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This is a comment to an article on the Comparative Constitutions blog. It is correct that few Americans or other Westerners are skilled...
2011/10/09

Reforms to prevent wrongful convictions

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There are limits to what legal reforms can do to prevent convictions of innocents if the prosecutors are determined to commit misconduct. ...
2 comments:
2011/10/08

Binding precedent is unconstitutional

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It should be understood that binding precedent is not authorized or required by the Constitution, and indeed may be inconsistent with it bei...
2011/09/24

News from the Constitution Society 2011/09/24

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This has been a busy month. No lack of things to report. Here are a few of the salient ones. Nullification I was asked ...
2011/09/22

"Facial" or "as applied"?

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In the Volokh Conspiracy a post argues that a facial challenge to the constitutionality of an action, seeking to strike down the entire sta...
2011/09/11

Is it a "tax" or not a "tax"?

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Rob Natelson wrote an excellent article titled Is it a “tax” or not a “tax”...
2011/09/06

Roland intervenes in Texas redistricting case

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Jon Roland has filed a petition in intervention in Perez v. Perry , the current Texas redistricting case, similar to his intervent...
2011/08/13

Individual mandate goes down in the 11th

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The 11th Circuit Court of Appeals issued a 2–1 ruling August 12 striking down the individual mandate, in a suit brought by 26 state governme...
2011/07/31

A way around the debt ceiling

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The 14th Amendment misinterpretation, that exercise by Congress of the authority to incur debt implies a power to raise taxes or borrow ...
2011/07/21

Has John Marshall been understood?

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Rob Natelson, a former law professor and now a constitutional scholar at the Independent Institute, wrote an article titled " The ...
1 comment:
2011/07/20

Does the Constitution Still Matter?

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The cover of the July 4, 2011 issue of Time magazine depicts a shredded Constitution superimposed with the question: “ Does it still matter...
1 comment: