Recently, the Second Circuit issued a significant Freedom of Information Act (“FOIA”) decision construing the FOIA exemption covering law enforcement records that “would disclose techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law,” 5 U.S.C. [read post]

— Nicholas Eisenberger & David Gottesman, Harvard Business Publishing, December 7, 2009 There are plenty of reasons to be disappointed with the Copenhagen climate talks that start today: the meeting will not result in a binding agreement, the timeframe for such an agreement is potentially years away, and of course, neither the US nor China has committed to binding reductions. [read post]

The Interplay between the Fourteenth Amendment’s Due Process Clause and the Fifth Amendment’s Takings Clause: Is the Supreme Court’s Test for “Public Use” Merely Rational Basis? [read post]