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14 Jan 2007, 11:01 pm
Let's try to keep our eye on the larger issue -- that for five years, the Bush Administration has kept people imprisoned without a trial and without a reliable basis to believe that the vast majority of them are terrorists. [read post]
13 Jan 2007, 8:47 am
Without such an informal mechanism for changing administrations, the Constitution will indeed become, as Justice Jackson put it in Terminiello v. [read post]
30 Dec 2006, 7:16 pm
He chose a position between the liberal Democrats and George Wallace, supporting Brown v. [read post]
22 Dec 2006, 11:31 am
What follows is a compendium of substantive analyses on some of the key issues of the War on Terror by the authors here at Balkinization.The Anti-Torture Memos: Balkinization Posts on Civil Liberties, the War on Terror and Presidential PowerPart I-- Civil LibertiesPart II-- Presidential Power and Constitutional StructurePart III-- Torture and the "Torture Memos"Part IV- The NSA Controversy and Government SurveillancePart V-- HamdanPart VI-- The Military Commissions Act of… [read post]
17 Dec 2006, 1:21 pm
***In passing, note there was a famous IP case involving portable toilets: Carson v. [read post]
11 Dec 2006, 3:18 pm
If nothing else, it was another great lesson in the power of the internet to parse questions like this and provide direct access to people who opine on things and even occasionally to come to some comfortable place of disagreement.It all started when I saw the letter. [read post]
27 Nov 2006, 9:25 am
Jackson, for the majority, famously wrote:But freedom to differ is not limited to things that do not matter much. [read post]
30 Oct 2006, 9:00 pm
Continue reading "When governments cage people / See this powerful video. [read post]
25 Sep 2006, 5:01 am
In his classic concurring opinion in Youngstown Sheet & Tube Co. v. [read post]
8 Sep 2006, 3:34 am
Star attraction, so far as the IPKat's concerned, is yet another sharply focused piece by Addleshaw Goddard's triplets Brian Whitehead, Stuart Jackson and Richard Kempner on Mr Justice Kitchin's recent ruling on inventive step in Ivax v Chugai. [read post]
28 Aug 2006, 6:47 am
That carefully composed legal opinion makes it somewhat hard for a judge's critics to convince people — especially anyone who likes the outcome — that the judge did not decide the case according to an unbiased legal method of analysis. [read post]
18 Aug 2006, 3:29 pm
., those cases where "reasonable people" can legitimate disagree on the legal analysis)? [read post]
23 Mar 2006, 1:13 pm
Jackson once wrote, "[A]s Solicitor General, I made three arguments in every case. [read post]