Faculty Blog, Friedman, Hansen

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

Faculty Blog, Singer

Why the Gabbard-Hirono feud matters for the federal courts

There has been much press in the past week over U.S. Representative Tulsi Gabbard's op-ed in The Hill, which criticized fellow Democrats for having "weaponized religion for their own selfish gain." Gabbard called out members of the Senate Judiciary Committee for specific questions and statements they had directed to Catholic judicial nominees over the past… Continue reading Why the Gabbard-Hirono feud matters for the federal courts

Faculty Blog, Friedman, Privacy

On the Moral Duty to Leave Facebook

In an essay published last November, the philosopher S. Matthew Liao asks: do we have a moral duty to leave Facebook? His answer: not yet. In light of Facebook’s destructive effect on information privacy, I’m not sure the answer to his question shouldn’t be an unequivocal “yes.” Considering the duties one owes to others, Liao… Continue reading On the Moral Duty to Leave Facebook

Faculty Blog, Friedman

The Supreme Court Declines to Resolve Yet Another Lower Court Conflict  

Supreme Court Justice Clarence Thomas is unhappy again – not with a substantive ruling by the court, but with a decision by the majority to decline to hear a particular case. Last year, Thomas, joined by Justice Samuel Alito, dissented from a decision by the majority – one in a long line – not to… Continue reading The Supreme Court Declines to Resolve Yet Another Lower Court Conflict  

Faculty Blog, Professor Manus

The Latest Decision in the Keystone XL Saga: The State Department Fails to Explain an Environmental Reversal

This is a story that begins and ends with global warming. That global warming is happening and that human activities contribute to it is the overwhelming consensus of the science community, decades-deep in studies and expertise. That is a fact. I've heard and considered the proposition that all the scientists could be wrong -- doggedly… Continue reading The Latest Decision in the Keystone XL Saga: The State Department Fails to Explain an Environmental Reversal

Faculty Blog, Haynes

Government Abuse of Power

In October of 2018, the Department of Homeland Security sent a “subpoena/summons” to an immigration attorney.  The document stated: “You are requested not to disclose the existence of this summons for an indefinite period of time. The government works for, and at the behest of, the people.”  The “subpoena/summons” requested  the private attorney to supply… Continue reading Government Abuse of Power

Faculty Blog, Laplante

Plural Justice: A Holistic Approach to Transitional Justice and Peacebuilding

Transitional justice processes often are too narrow and technocratic. Restorative and retributive justice alone may not lead to a stable peace, because it does not resolve underlying grievances that led to violent conflict. Therefore, transitional justice should incorporate conflict resolution, civil rights and participation, as well as socioeconomic and redistributive justice to address historical marginalization.… Continue reading Plural Justice: A Holistic Approach to Transitional Justice and Peacebuilding

Faculty Blog, Friedman

Moving Forward: Supreme Court Appointments After Kavanaugh

In the wake of Justice Antonin Scalia’s passing in early 2016, the Republican-controlled U.S. Senate declined to give its advice on President Barack Obama’s nomination of Judge Merrick Garland to the high court, much less its consent. That move, along with the Republican-led elimination of the filibuster for Supreme Court nominations, has led to a… Continue reading Moving Forward: Supreme Court Appointments After Kavanaugh

Faculty Blog, Singer

Decoding Judge Kavanaugh’s “Open Mind” on Supreme Court Cameras

In one of the more substantive moments of this month’s Supreme Court Confirmation Theater, Judge Brett Kavanaugh was asked whether he would support broadcasting video of the Supreme Court’s oral arguments. Kavanaugh demurred, saying only that he would keep “an open mind” on the issue. Given that most members of the Supreme Court have come… Continue reading Decoding Judge Kavanaugh’s “Open Mind” on Supreme Court Cameras

Faculty Blog, Professor Natasha Varyani

Wayfair.com: What a Sales Tax Case Reveals about Federalism, the Dormant Commerce Clause, and the Direction of Supreme Court Jurisprudence

The authority of States to impose taxes on remote sellers is an issue that calls up various constitutional principles, including (but not limited to) fundamental questions about federalism, the Due Process Clause, and the Commerce Clause.  Last term, in South Dakota v. Wayfair, Inc., the Court was asked yet again whether a seller with no… Continue reading Wayfair.com: What a Sales Tax Case Reveals about Federalism, the Dormant Commerce Clause, and the Direction of Supreme Court Jurisprudence