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From the monthly archives:

May 2009

Doctor George Tiller Murdered Entering Church

May 31, 2009

     Stan Finger of The Witchita Eagle reports that George Tiller, an abortion provider, has been shot and killed as he was entering his church.  Abortion protestors have long targeted Tiller's clinic and his church.  Tiller was shot in both arms in 1993 and his clinic was seriously vandalized earlier this year.  At least one anti-abortion site [...]

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Using court web sites for quick research

May 29, 2009

1. I have been appointed an executor of a relative's will and it is now time to probate the will. I have an attorney but I would like more information. Where do I begin?
2. We wish to adopt a child and would like some information about the court procedure.
3. Where do I go for a [...]

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Two Measures of Judicial Activism and Where Judge Sotomayor Falls Along the Spectrum

May 29, 2009

     "Judicial activism" may be defined as the tendency of a judge to "make new law" rather than simply to "interpret existing law."  But there are two ways of measuring the degree to which a judge is an "activist" – the term means different things to liberals and conservatives.

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Killing People for Profit and Other Corporate Shenanigans

May 28, 2009

This past Friday, the D.C. Circuit Court of Appeals "ruled that the tobacco industry engaged in a half-century-long campaign to deceive Americans about the health hazards of smoking."  This reminded me of Ford's cost-benefit analysis of safety improvements versus a total of 360 preventable burn deaths and serious burn injuries.  It also made me think [...]

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The Prop 8 Case

May 27, 2009

     Yesterday the California Supreme Court issued its decision in the Prop 8 case.  The Court ruled that Proposition 8 was a valid amendment to the California Constitution but that it did not apply retroactively, leaving intact the 18,000 same-sex marriages which had been entered into before Prop 8 was adopted.  What follows is a brief summary [...]

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Sotomayor and the New Haven Firefighter Case

May 27, 2009

     The most significant case in which Judge Sotomayor participated that will have bearing on her confirmation to the Supreme Court is in the case of Ricci v. DeStafano, which is currently on appeal to the United States Supreme Court.  The facts and legal question presented by this case are set forth below.

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It's Sotomayor!

May 26, 2009

     Obama just placed Sonia Sotomayor's name in nomination for the Supreme Court of the United States.    Will she be confirmed by the Senate?

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Clinton's Policy Recognizing Domestic Partners and DOMA

May 26, 2009

    It was reported yesterday by Glenn Kessler of the Washington Post that Secretary of State Hillary Clinton intends to extend certain privileges, including housing, travel, and supplemental employment benefits, to domestic partners of foreign service personnel.  Teddy Partridge at Firedoglake asks whether this policy runs afoul of the federal Defense of Marriage Act (DOMA).  My opinion is [...]

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Memorial Day and the Constitution

May 25, 2009

     Today we thank those who served and sacrificed so that we might live in freedom.

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Michael Ratner's Criticism of Obama's Position on Prisoners of War

May 22, 2009

     Yesterday evening Michael Ratner, President of the Center for Constitutional Rights, strongly criticized President Obama's plans to detain prisoners in the war against al-Qaeda and to try persons accused of war crimes in military courts.  Ratner stated that military commissions are used only during or after a "real war" and that people may not [...]

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Natural Rights and Corporate Law

May 21, 2009

Over at the Delaware Corporate and Commercial Litigation Blog, Francis Pileggi has this to say about corporate law and natural rights:
[M]any of the most important rights in the U.S. Constitution, such as those in the First and Second Amendment, were considered by the Founders to be inherent human rights that were (are) based on "natural [...]

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Obama's National Archives Speech

May 21, 2009

     President Obama's speech on national security at the National Archives concluded moments ago.  He addressed three specific issues – the government's treatment of prisoners suspected of terrorism, the trial and continued detention of these prisoners, and the disclosure of information regarding the government's actions.  But there was an overarching theme to his presentation – [...]

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