July 2011
54 posts
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(No More) Whistling While We Work
As President Obama appears poised to capitulate to a Tea Party-propelled deal designed to pounce on Democratic Party principles and the economy more generally, we can point to one group he’s been tough on: whistleblowers.
As has been widely reported, the Obama administration has prosecuted more folks for “leaks” than have all prior administrations combined. On Friday, these...
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All Greenhouse, All The Time
Here at Lipperism we adore Linda Greenhouse.
(Indeed, back in law school, when my classmate Mike Zarren and I obsessed over a fox that snuck into the Supreme Court, it was Greenhouse that we turned to for more information.)
The latest Greenhouse column details the oft-overlooked history of the legal response to the Oklahoma City bombings: the tragedy was used to justify enactment of the...
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Elementary, My Dear Watson*
Ace neuroscientist David J. Linden explains how the brain chemistry that produces drug addicts also generates great leaders. In fact:
Some of our most revered historical figures were addicts — not only the obvious creative types like Charles Baudelaire (hashish and opium) and Aldous Huxley (alcohol and the nonaddictive hallucinogens mescaline and LSD), but also scientists like Sigmund...
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Bad Policy Is Bad Politics
George W. Bush became wildly unpopular because he tried to politicize everything. He wanted loyal, true-believing cronies in positions of power. Most of these folks weren’t competent. So lots of things — from Iraq to the Justice Department to New Orleans — were ruined. People noticed; Bush left office with an approval rating of only 22 percent.
Barack Obama also tries to...
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Back From the Dead!
Discerning readers of Lipperism may have noticed that there weren’t any posts for the last couple of days. I was, indeed, exceedingly busy at my day job.
I was propelled by caffeine poured into this:
Regular posts will now resume.
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FBI congenitally incapable of solving anthrax... →
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Casey Anthony, Meet Your Exculpatory Evidence
Per the New York Times, there appears to have been massive prosecutorial misconduct—the withholding of exculpatory evidence—in the Casey Anthony trial:
Assertions by the prosecution that Casey Anthony conducted extensive computer searches on the word “chloroform” were based on inaccurate data, a software designer who testified at the trial said Monday.
The designer, John Bradley,...
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Obama Administration Fumbles Judges
The Legal Times reports on a new paper describing Obama administration’s judicial nomination efforts as insular and disorganized.
The portrait the political scientists provide is not especially flattering, concluding that “it is hard to characterize the Obama nomination record as one of great success.”
Among other concerns,
[T]he article says[ that] neither of Obama’s first two...
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Arrest by Appointment Only!
Rebekah Brooks has finally been arrested as part of the phone-hacking scandal, and we’ve learned important new details:
Britain’s Press Association news agency said Ms. Brooks was arrested by appointment at a London police station around midday and remained in custody.
Soon, the little people will demand walk-in hours.
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“At a parliamentary committee hearing last week, three current and former...”
– Times article is silent on the role of Cato.
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“Don’t be surprised if you catch David Plouffe, the senior White House political...”
– Surgical analysis of election/economic math from Nate Silver.
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News-Hour Nostalgia
It’s Friday. Which reminds me that I long for the days of Gergen & Shields.
Especially pre-election Gergen & Shields.
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Now Required: Copious Amounts of Popcorn
The News Corp. phone-hacking scandal has just gotten way way more fun. News Corp (c/o Rupert Murdoch) has retained Williams & Connolly’s Brendan Sullivan as its outside counsel for the bushel of investigations and litigation that is about to pummel News Corp. in the United States.
Sullivan’s previous clients include Iran-Contra culprit Oliver North, Senator Ted Stevens, and former...
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File Under: Yikes
Per Reuters, a new study in Annals of Epidemiology reports some disturbing statistics about African-American mortality rates:
Black men are half as likely to die at any given time if they’re in prison than if they aren’t, suggests a new study of North Carolina inmates.
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Yet another reason to shave regularly. (H/t How... →
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Linda. Greenhouse.
Must-read column from Linda Greenhouse on the recently-concluded Supreme Court term.
(Yes, all of her columns are must reads, but this one especially so.)
In addition to weighing in on decisions past, she notes the importance of Judge Sutton’s detonation of the action/inaction distinction advanced by those challenging the Affordable Care Act’s “individual mandate”
This...
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[bobble bobble bobble]
An annotated look at The Green Bag’s new Justice Thomas bobblehead doll.
(H/t SCOTUSblog)
Added bonus: Accessories to the Justice Thomas bobblehead doll.
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“The government called its first eyewitness this afternoon, and he was a doozy.
...”
– Dispatches from D.C. gang-murder trial, United States v. Rogers, per The Felony Calendars.
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Chadha's Long-Awaited Sequel?
Senator McConnell’s has finally unveiled his secret-plan to fight the default, and it’s a convoluted mess. Here’s the Washington Post:
He said his plan calls for Obama to first request an increase in the debt ceiling of about $700 billion, which would be followed by a congressional vote on a “resolution of disapproval.” He said the deal would also require Obama to “list...
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Turley Brings Big Love To Federal Court
NPR has this story about a forthcoming constitutional challenge to Utah’s prohibition against polygamy. The suit, to be filed Wednesday, will be brought by the Brown family, whom TV watchers may recognize from TLC’s Sister Wives. The (extended?) family Brown is represented by Jonathan Turley, a law professor at George Washington University.
Professor Turley specializes in high-profile cases,...
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“Nobody is talking about not raising the debt ceiling; I haven’t heard that...”
– Sounds like the Senator’s got a Secret Plan To Fight Inflation.
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“According to one person briefed on [the N.F.L. lockout] negotiations, the timing...”
– Other than that, Mrs. Lincoln …
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New Sibling!
I’ve started a blog about Clarence Darrow, which you can read here.
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Drama in Our Nation's Capital?
In my spare time I’m an amateur actor, and I’m obsessed with Shakespeare and classical theatre more generally. So I thought I’d flag this new Washington Post profile of theatre director (and D.C. native) Ethan McSweeny.
He’s currently directing (the law-related) Merchant of Venice at Shakespeare Theatre. He previously directed (the even more law-related) A Time To Kill at...
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The Presidential Campaigns--and their Lawyers. →
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“But from the moment it declares independence on Saturday, the Republic of South...”
– New country South Sudan has some work to do.
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Sheep!
SCOTUSblog’s cert petition of the day concerns the federal government’s regulation of cattle and sheep grazing.
But the real news is the impending amicus filing from the Boogie-Woogie Sheep.
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We're Hiring!
Legal, types: Americans United for Separation of Church and State (known, in some circles, as my place of employ) is hiring a Constitutional Litigation Fellow. This is a 1-year position, to start this fall.
It’s a wonderful job for a recent law-school graduate. Cutting-edge First Amendment cases, lots of responsibility, and a 1:1 ratio of senior/junior lawyers.
Details here.
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“A spectacular archipelago, in a wonderful climate, that’s part of Europe should...”
– Clever, Krugman, clever.
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“True, the Congressional Progressive Caucus is not known to be as disciplined as...”
– Nate Silver, with a penchant for understatement …
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Changing Gender Roles in Richard Scarry Books (via... →
intransit3:
lostgrrrls:
Click through for more…
This is great! It’s the little things that really matter and will help change what is “normal” for the next generation.
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Chief Justice Roberts critiques legal scholarship;... →
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WatchJustice Stevens — still more vigorous than any sitting member of the Supreme Court — thinks that his retirement may have “jumped the gun a little.”
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“The fact that Judge Sutton, a Republican, a Federalist, and perhaps the nation’s...”
– David Cole on the significance of Judge Sutton’s vote to uphold Obamacare. For my previous pontifications on the subject, please click here and here.
And please pay no attention to my prior — “incorrect” — prediction that Judge Sutton would write a majority opinion...
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"I'm opening a wilderness store." →
Georgia lawyer channels Elvin.
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DSK DA
In his latest op-ed, Joe Nocera defends Manhattan DA Cyrus Vance, Jr., who’s getting walloped for his handling of People v. DSK.
Yes, Mr. Vance (whom I’ll refrain from calling “Junior” or “Indiana”) had to act quickly in the face of rape allegations against DSK — lest he retire to his native France and become the Roman Polanski of developmental finance
...
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1 in 4 Americans don't know who(m) we fought in... →
And Plato snickers.
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"When in the Course of human events . . ." →
The Declaration of Independence. (H/t Alex J. Ross.)
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Frank Rich is back, and this time he's annotated. →
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They Might Be Giants
While the mentally ill continue to get guns, Plaxico Burress—disgraced former wide receiver for my beloved N.Y. Giants—is teaming up with the Brady Center to promote gun safety.
Although if I were the Brady folks, I’d be concerned about this development.
In any event, Plaxico has since forfeited his distinction—most embarrassing former Giant—to David Tyree.
Then...
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Janie's Got a Gun--Again.
I subscribe to the individual-rights view of the Second Amendment. That is, I believe that the Constitution protects the gun-toting rights of individuals, not just militias. And I agree with the Supreme Court’s recent decisions in District of Columbia v. Heller and McDonald v. City of Chicago. But I’m dismayed to read an article by Michael Luo in today’s New York Times,...
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Things will get real dicey if Obama isn't... →
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DSK and Due Process
By now, you’re probably seen that the government’s case against former IMF head Dominique Strauss-Kahn (code name: DSK)—accused of raping a hotel maid—has collapsed. Although early in the case, the District Attorney insisted that “[t]he victim provided very powerful details consistent with violent sexual assault committed by the defendant,” the credibility of her allegations is now in serious...
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Plot Thickens in Death of Macho Man
Turns out that Randy “Macho Man” Savage died from a heart disease, not a car accident:
According to TBO.com, William Pellan, the medical examiner’s office director of investigations, said Savage did not sustain any trauma from the crash and that it had nothing to do with his death.
But perhaps it was (additional) karma for his prior, conscience-shocking maltreatment of Ricky...
