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21 Apr 2010, 2:43 pm by Kenneth Anderson
(Kenneth Anderson) Update:  The Lincoln version of the derivatives legislation clears the Senate Agriculture Committee today (which raises another set of issues, different from the ones under discussion below): Democrats won the support of a senior Republican who voted in a Senate committee Wednesday for a sweeping overhaul of the market for derivatives, the complex financial instruments at the heart of the financial crisis. [read post]
19 Apr 2010, 8:48 pm by Kenneth Anderson
(Kenneth Anderson) Bill Clinton’s invocation of Timothy McVeigh in connection with the Tea Party movement caused me to recall my review of a book on the Waco massacre that was a motivation for McVeigh. [read post]
19 Apr 2010, 4:45 pm by Kenneth Anderson
by Kenneth Anderson I am simply raiding Eugene Volokh’s edited clip from this new holding in the Ninth Circuit, including a discussion of the Charming Betsy canon (see the last couple of paragraphs, below the fold). [read post]
18 Apr 2010, 8:19 pm by Kenneth Anderson
(Kenneth Anderson) When I saw this item on Professor Greg Mankiw’s blog, I admit that my first thought was ... someone has written Anti-Mankiw, Vols 1 and 2. [read post]
18 Apr 2010, 6:33 pm by Kenneth Anderson
by Kenneth Anderson If you are going to be in DC on Friday, April 23, there will be a terrific law of armed conflict program all day at Catholic University, Columbus Law School, including Harold Koh as lunchtime keynote speaker and a host of luminaries on the panels. [read post]
18 Apr 2010, 11:02 am by Kenneth Anderson
by Kenneth Anderson Alas, I don’t agree with very much of KJH’s critique of Eric Posner’s Wall Street Journal opinion piece last week - Eric commenting on the suspension of Spain’s crusading universal jurisdictionalist judge, Baltasar Garzon. [read post]
17 Apr 2010, 9:35 am by Kenneth Anderson
(Kenneth Anderson) I’m sure many VC readers have been looking at the papers today, trying to sort out facts versus allegations, in the SEC suit against Goldman Sachs for fraud involving CDOs. [read post]
16 Apr 2010, 4:35 pm by Kenneth Anderson
(Kenneth Anderson) And like me, did you “learn” the meaning from the Vulcan mind-meld? [read post]
16 Apr 2010, 11:56 am by Kenneth Anderson
(Kenneth Anderson) Rick Pildes and David Golove have a calm, reasoned discussion at Balkinization on ways to deal with terrorism related detentions and trials. [read post]
16 Apr 2010, 7:12 am by Kenneth Anderson
(Kenneth Anderson) The land in DC occupied today by American University and the Spring Valley neighborhood was once used by the US Army in WWI as a testing ground for chemical agents, including mustard gas and various other things. [read post]
16 Apr 2010, 6:35 am by Kenneth Anderson
(Kenneth Anderson) Former DOS Legal Adviser  John Bellinger has a short opinion column out at the Council on Foreign Relations site (corrected link, I hope!) [read post]
16 Apr 2010, 6:16 am by Kenneth Anderson
by Kenneth Anderson Former DOS Legal Adviser (and a path-breaking guest blogger here at OJ when in that role a couple of years ago) John Bellinger has a short opinion column out at the CFR site, April 14, 2010 (corrected link, I hope!) [read post]
14 Apr 2010, 7:48 pm by Kenneth Anderson
(Kenneth Anderson) A reader sends me the following comment, further to the several VC posts on behavioral economics (initially occasioned by Andy Ferguson’s Weekly Standard essay): One basic issue that this whole-“behavioral econ– good-or-bad? [read post]
14 Apr 2010, 7:43 pm by Kenneth Anderson
by Kenneth Anderson Adam Serwer, a journalist and blogger at the American Prospect, makes this observation in a very interesting post (linked in Robert Wright’s NYT Opinionator column) at the American Prospect Tapped blog (via The Progressive Realist). [read post]
14 Apr 2010, 7:24 pm by Kenneth Anderson
(Kenneth Anderson) Adam Serwer, a journalist and blogger at the American Prospect, makes this observation in a very interesting post (linked in Robert Wright’s NYT Opinionator column) at the American Prospect Tapped blog (via The Progressive Realist): State Department Legal Adviser Harold Koh’s speech to the American Society of International Law has mostly been read as a justification of the administration’s use of drone strikes against suspected… [read post]
14 Apr 2010, 2:13 pm by Adam Thierer
As I’ve mentioned here previously, PFF has been rolling out a new series of essays examining proposals that would have the government play a greater role in sustaining struggling media enterprises, “saving journalism,” or promoting more “public interest” content. [read post]
14 Apr 2010, 7:48 am by Kenneth Anderson
by Kenneth Anderson I am unable to say much at this moment, either to Kevin’s question below or to this Robert Wright “Opinionator” blog post in the New York Times, but I did want to flag it for your attention. [read post]
14 Apr 2010, 7:39 am by Kenneth Anderson
(Kenneth Anderson) At least, peering through the lens of Tom Barlett, blogging at the Chronicle of Higher Education, peering through the further lens of the latest issue of Defining Ideas, a Hoover Institution publication that puts together various current articles and pieces from its community of fellows, typically reprinted from elsewhere or else excerpted. [read post]
13 Apr 2010, 10:11 am by Kenneth Anderson
(Kenneth Anderson) The Washington Post has an editorial today praising State Department Legal Adviser Harold Koh’s March 25 statement defending the legality of drone warfare (part of a long speech on several international law topics). [read post]
13 Apr 2010, 9:51 am by Kenneth Anderson
by Kenneth Anderson The Washington Post editorializes today in praise of Legal Adviser Koh’s statement on drones in his speech to ASIL on March 25. [read post]