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From the monthly archives:

April 2009

Government as Controlling Shareholder: No Such Thing as "Passive" Ownership

April 30, 2009

Ever since the U.S. government starting taking ownership stakes in businesses as part of its response to the current financial crisis, people have been expressing concern about the possible negative consequences of "active" government ownership.  This concern was expressed again this week, with the prospect of the government becoming an 80% owner of GM.  Questions [...]

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Akron Law Alumni to be Honored May 15

April 29, 2009

The Akron Law Alumni Association will hold its annual Alumni Awards Dinner at 5:30 p.m. on Friday, May 15 in the Student Union Ballroom. The honorees were chosen for their achievements in the legal profession and their communities.
The 2009 Outstanding Alumni Award honorees are Bedford Biles ('58) of Marco Island, Fla., sole practitioner (retired) and [...]

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Gay Rights and Free Exercise: (6) Immunity from Civil Rights Laws

April 29, 2009

     It has been awhile since my last posting on this subject in which I promised "tomorrow" to explain how the Free Exercise Clause and the right of expressive association protect religious organizations that are opposed to homosexuality.  We got sidetracked when the torture memos were released – for those of you who wish to continue [...]

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Why Torture Violates Fundamental Constitutional Values

April 28, 2009

     The Justice Department memos (1, 2, 3, 4)  authored by Jay Bybee and Stephen Bradbury leave no doubt that beginning in 2002 our government tortured prisoners who were in our custody.  If you believe that chaining naked persons in an upright position to keep them awake for more than seven days in a row, spraying them with [...]

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Finding a Lawyer

April 24, 2009

Help! How can I find an attorney fast?
Well, it is time. I need to draw up a will. How can I find an attorney to help me?
I've been "served" by my nasty neighbor! What should I do?

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The Sun, the Stars and Stays

April 24, 2009

Is a stay the same as an injunction?  Do we really care?  The U.S. Supreme Court answered these burning questions Wednesday when it decided Nken v. Holder and poetically explained:  “The sun may be a star, but ‘starry sky’ does not refer to a bright summer day.”

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Externalities and a Boss That Says, "I Was Just Following Orders"

April 23, 2009

Two quick takes:
1. Here's a great deal for me:  I'll make a high-demand product that pollutes the environment.  I'll pocket the profit; you pay for the cleanup.  That's a short course on externalities.  They're problematic in a capitalist system because the flow of capital won't be directed to its most productive use if return on [...]

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Strip-searching children is necessary to protect our children!

April 21, 2009

That's seems to be the basic argument before the Supreme Court today. The case is Safford United School District v. Redding, which involves school officials strip-searching an honor student in search of prescription ibuprofen. I was listening to a story about it on NPR today, when i heard the school's lawyer making this argument:
"We just [...]

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A Warning for Future Lawyers

April 21, 2009

If you've been following the matter of the "torture memos" recently released by the Obama administration you know that the President has determined that CIA operatives following legal guidance provided by the (previous) Administration should not be subject to prosecution. But apparently that leaves open the possibility that officials who approved the "enhanced interrogation" policies [...]

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Stephen Bradbury's Torture Memos of May 10, 2005

April 21, 2009

     In two memos both dated May 10, 2005 (Memo 3 and Memo 4), Assistant Attorney General Stephen Bradbury explains in precise detail exactly how the CIA treated its prisoners during the administration of George W. Bush. 

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Abdiwali Abdiqadir Muse / Blackhawk

April 21, 2009

     I will be filing two posts today, one light, one heavy.  For lightness, consider the case of Abdiwali Abdiqadir Muse, the fearsome teenage Somali pirate brought ashore in New York yesterday, chained yet broadly smiling throughout his perp walk into federal court.  News sources have already have begun to plead his case – penniless, [...]

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Bradbury Memo of May 30, 2005

April 19, 2009

     Jay Bybee's memo of August 1, 2002, anaylyzed in a previous post, took the position that waterboarding and other techniques did not constitute torture, a conclusion I believe to be untenable, but Stephen Bradbury's memorandum to the CIA dated May 30, 2005, can only be described as ridiculous.  Bradbury concludes that waterboarding and other harsh [...]

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