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6 Dec 2007, 2:18 pm
In those circumstances, a judge's silence underscores the perception that the judge was wrong and his or her actions indefensible, and that the court system is unresponsive. [read post]
29 Nov 2007, 6:25 am
His conduct through this crisis has been constitutionally indefensible. [read post]
28 Nov 2007, 9:23 am
JDSU and its four executives who were named in the suit received a complete win, with the jury denying the plaintiff's 18 billion (no typo) in damage claims.Maybe some of these "indefensible" class actions really are defensible? [read post]
27 Nov 2007, 9:01 am
Who knew there was a Kansas City Jewish Chronicle? [read post]
19 Nov 2007, 10:43 am
  Thus, to even suggest that somehow the kickback scheme resulted in meritless lawsuits is an unfortunate fiction and analytically indefensible. [read post]
15 Nov 2007, 6:37 pm
H/T: Indefensible Update: Scott notes the most obvious downside of juries taking notes: They don’t pay attention to what is currently being said. [read post]
10 Nov 2007, 2:23 pm
(Or simply consider once more the ability of the "weakened" Bill Clinton to engage in an unauthorized war on Serbia without any genuine national discussion about the constitutional propriety of doing so.)It is so much more reassuring to denounce George Bush as behaving "unconstitutionally" than to address seriously the possibility that the reality is far worse--that he is taking full advantage of the powers in fact granted by our Constitution even to persons with the most… [read post]
8 Nov 2007, 9:11 am
The fact that some of Ohio executions have been so manifestly plagued by problems - convicted killer Christopher Newton's execution in May took so long he got a bathroom break - makes the prison system's stalling all the more indefensible. [read post]
3 Nov 2007, 5:57 am
The critics also argue that it is based on a misunderstanding of the relationship between statutory and common law, and is morally indefensible. [read post]
29 Oct 2007, 8:01 am
The bottom line is that the OLC legal analysis in support of waterboarding is indefensible -- I think Ben would agree -- and Judge Mukasey should simply say so.Which brings me to the final and most important reason why Judge Mukasey can answer the question -- even if DOJ does not provide him with the classified OLC memos. [read post]
29 Oct 2007, 2:07 am
The ABA, which does not take a public position on the death penalty, says it hopes Sunday's report will highlight what, it says, are indefensible flaws in the capital punishment system. [read post]
26 Oct 2007, 1:55 am
" As I explain here, that OLC "legal analysis" was indefensible and was plainly concocted for the specific purpose of justifying waterboarding, which quite obviously is intended to result in severe physical suffering. [read post]
22 Oct 2007, 5:16 pm
Nice to know people are still reading and enjoying the book. [read post]
20 Oct 2007, 9:54 am
Is Mukasey just a smarter version of Gonzales--better able to defend the administration's indefensible positions? [read post]
17 Oct 2007, 2:43 pm
I suspect that hunting has been ethically justified by hunters as "food-provision" in order to fend off the objections of those who view hunting as an ethically indefensible sport. [read post]
17 Oct 2007, 5:04 am
  Luckily, as Indefensible points out, ex-Manhattan ADA Linda Fairstein, gave the panel discussion a common sense injection by saying: 1) gray areas are nothing new for lawyers (so stop pretending that what journalists say matters, I guess); and 2) ""Certainly, in the criminal justice system there's no such thing as gray rape. [read post]
16 Oct 2007, 6:35 am
Kaine to decide if equal justice and fair play are to be the hallmarks of his administration or if an indefensible Virginia exceptionalism will continue to call the shots. [read post]
5 Oct 2007, 10:51 am
  My tenative assessment is that Kelsen's system is entwined with neoKantian commitments that are ultimately indefensible. [read post]
2 Oct 2007, 7:41 am
As Marty notes in his post, it is almost literally inconceivable that the ML/GD will be unable successfully to veto the Webb-Clinton bill, even assuming that there are enough Republicans in the Senate who will forego the despicable convention of filibustering all legislation that they are afraid might actually pass because it does, in fact, have strong (but not quite "enough," given the indefensibly apportioned Senate) support of the Senate majority. [read post]