Faculty Blog, Friedman

Against the Commodification of Information Privacy

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

Faculty Blog, Professor Manus

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

Faculty Blog, Friedman

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

Faculty Blog, Singer

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?

Faculty Blog, Haynes

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

Faculty Blog, Haynes

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

Faculty Blog, Friedman

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

Faculty Blog, Friedman, Hansen

Checking Trump, One Foreign Policy at a Time

We wrote recently, in Just Security, about December’s bipartisan Senate vote and resolution to withdraw U.S. military assistance from Yemen and to assign responsibility for the death of journalist Jamal Khashoggi to Saudi Crown Prince Mohammed bin Salman—legislative moves contrary to the policy wishes of the Trump administration. The Senate’s actions suggested three developments in… Continue reading Checking Trump, One Foreign Policy at a Time

Faculty Blog, Hansen

The Evolution of Military Justice Continues

Those who are interested in national security law and military justice should take note that the most significant changes to the U.S. military justice system in almost 70 years will soon go into effect.  We have not seen change on this scale since the adoption of the Uniform Code of Military Justice (UCMJ) in 1951.… Continue reading The Evolution of Military Justice Continues

Forum Publishing

Open for Submissions – Closing January 2019

The New England Law Review Forum is currently accepting submissions from professional authors until January 2019. The New England Law Review Forum is the online extension of the New England Law Review. The Forum is able to offer quick publishing turn-around because of its online home, and we are thus able to publish on both timely topics and topics that would… Continue reading Open for Submissions – Closing January 2019