Back in May, the New York Times published a piece by the technology entrepreneur, Heidi Messer, in which she argued that the time has come to “stop fetishizing privacy,” understood as control over one’s personal information. Her basic contention is that the modern narrative about information privacy – that is, control over information about ourselves… Continue reading Against the Commodification of Information Privacy
Kisor v. Wilkie — More Rumbles of Discord on the Supreme Court
On June 26, 2019 the Supreme Court issued its much-anticipated decision in Kisor v. Wilkie. In it, the Court preserved the Auer doctrine, which requires judges to give deference to federal agencies in interpreting their regulations. The Court's elaborate reexamination of this doctrine -- named for Auer v. Robbins, a 1997 case in which Justice… Continue reading Kisor v. Wilkie — More Rumbles of Discord on the Supreme Court
Executive Privilege and the Census
The truth may be out there, but President Donald Trump is doing his level best to prevent its discovery. His latest effort is the assertion of executive privilege in the face of congressional inquiries into the addition of a citizenship question to the 2020 census. The move is not likely to go unchallenged—and, in this… Continue reading Executive Privilege and the Census
Is the Supreme Court Rethinking the Federal Courts’ Mission?
For some time, the Supreme Court and Congress have jointly viewed the federal court system as a special, nearly exclusive forum for resolving disputes. Congress has permitted federal courts to hear only those cases that directly invoke a federal law, or in which the parties are citizens of entirely different states. And the Supreme Court… Continue reading Is the Supreme Court Rethinking the Federal Courts’ Mission?
Big Brother Is, In Fact, Watching
The US government is tracking people who oppose its unlawful and inhuman practices. In February of 2019, I filed Communiques with UN Special Rapporteurs, asking for their intervention with the US government. UN human rights mechanisms are a last resort, utilized when a person’s own government is harming them, and refuses requests for transparency about… Continue reading Big Brother Is, In Fact, Watching
It’s Time to Pay Attention
For the past two years, our government has been steadily eroding the rule of law, chilling speech, riding rough shod over state’s rights, engaging in retaliatory activity against activists, and violating the constitution. You may not have paid attention, because much of this activity has been centered in the field of immigration law. If you… Continue reading It’s Time to Pay Attention
The Assault on Affirmative Action in Education
Among the polarizing initiatives of the Trump administration are its policies on education. Whether addressing sexual assault on campuses, funding for the Special Olympics, or the prospect of training teachers in the use of deadly weapons, the Department of Education (DEd) has stunned policy-watchers in its willingness to promote or support regressive changes to the… Continue reading The Assault on Affirmative Action in Education
Iran, Al Qaeda and the Legacy of September 11
The Trump administration may well be contemplating military action against Iran. Not only has it named Iran’s Islamic Revolutionary Guard a foreign terrorist group – the first such designation under the aegis of a nation-state – but Secretary of State Mike Pompeo suggested in recent Senate testimony that he has “no doubt there is a… Continue reading Iran, Al Qaeda and the Legacy of September 11
Reckless Tweeters Could Learn From Jury Duty
Reality is a complicated thing, but don’t tell that to the politicians and pundits on Twitter. Consider statements made within hours of the alleged attack on actor Jussie Smollett on January 29. U.S. Senators Cory Booker and Kamala Harris both characterized the incident as “an attempted modern-day lynching,” and several Hollywood actors quickly blamed the… Continue reading Reckless Tweeters Could Learn From Jury Duty
Keeping the President in Check, One Congressional Hearing at a Time
The State of the Union address is not just an annual ritual—it is a requirement. Article II, Section 3 of the Constitution provides that the President “shall from time to time give to the Congress Information of the State of the Union.” That the speech is, today, more rhetorical than informative does not mean it… Continue reading Keeping the President in Check, One Congressional Hearing at a Time
