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11 Sep 2008, 2:00 pm
And no, I will not apologize for calling Palin a horse, with or without lipstick -- I happen to love horses, as long as they are not made of wood and do not contain an army of gun-toting reactionaries.Posted by Sherry Colb [read post]
8 Aug 2008, 1:24 pm
In commentary available online from FindLaw: Sherry F. [read post]
9 Jul 2008, 9:04 pm
Even on this view, however, it is still inappropriate to force a doctor to utter an ideological position that she does not share, as a matter of First Amendment law, and that remains true even if we assume arguendo that an embryo or fetus may indeed be a member of the moral community.Posted by Sherry Colb [read post]
1 Jul 2008, 2:00 am
Meanwhile, other Dorf on Law bloggers have also moved: Sherry Colb to Cornell; Jamie Colburn to Penn State; Anil Kalhan to Drexel; and Trevor Morrison to Columbia (along with a player to be named later as part of the trade for me, unless one of us flunks the physical!). [read post]
26 Jun 2008, 1:20 am
As Sherry Colb notes in a forthcoming article in the Cardozo Law Review, the categorical ban (under the 8th Amendment as well as international law) suggests that torture is categorically worse than killing---at least when the state does the torturing or the killing.I suppose it's possible to think that torture is worse than killing when the state is the torturer or killer, but that killing is worse than torture when a private actor commits the torture or killing. [read post]
24 Jun 2008, 11:39 am
(Sherry Colb considers this question in a different context). [read post]
24 Jun 2008, 12:09 am
With fewer bases for incarcerating (not to mention searching and arresting) people and fewer criminal defendants, we might have an easier time sorting out the guilty from the innocent -- which is, after all, the most basic task of any criminal justice system that aspires to include the word "justice" in any but an ironic sense.Posted by Sherry Colb [read post]
28 May 2008, 6:35 am
"Hearsay, the Sixth Amendment, and Framers â [read post]
13 May 2008, 5:01 pm
In that event, though GINA will have had the salutary effect of protecting people from an invidious (though financially quite rational) form of discrimination, it will not and perhaps cannot make us seek out the genetic information that could dash all of our hopes and dreams of invincibility.Posted by Sherry Colb [read post]
30 Apr 2008, 7:31 am
FindLaw.com columnist Sherry Colb writes, "Kennedy v. [read post]
23 Apr 2008, 5:02 pm
Constitution will ignore their wishes.Posted by Sherry Colb [read post]