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June 2007 - Posts
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The 4th Circuit will soon have openings for a third of its 15 active judgeships, which could threaten justice's delivery. If President Bush wishes to fill the vacancies, he should work constructively with Democratic and Republican senators.
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The generally left-leaning New York City Council has erred in its failure to grant a hearing on a bill that would force co-op boards to reveal the reasons for rejecting would-be buyers' applications.
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The news that the U.S. Securities and Exchange Commission is considering an initiative to allow arbitration as an alternative to shareholder litigation to enforce the federal securities laws should send shivers down the spines of all who care about the rule of law.
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Massachusetts v. EPA takes us a step closer to achieving the kind of positive federal initiative that is required to confront this global threat.
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The partisan politics of the U.S. attorney firings has infected the law enforcement decisions of all 93 U.S. attorneys, and every decision now must be scrutinized in the crucible of political ideology rather than good prosecutorial practice.
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Of all the rights accorded by common law, perhaps none matters more nor has endured longer than the right of habeas corpus, which guarantees the opportunity to challenge wrongful imprisonment by the government. The roots of habeas corpus are older even than the Magna Carta, and this pledge against arbitrary confinement is a shared legal legacy of the United Kingdom, the United States and Canada.
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The current problem is not that judges are "leaving the bench" at inappropriate times. For judges who have made the commitment to go on the bench in the first place, the question is whether or not to stay on as "senior judges."
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The controversy over the firing of eight U.S. attorneys pales in comparison to the steps undertaken by Monica Goodling and others to politicize the process of selecting career prosecutors.
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Spitzer v. Grasso should not be read as somehow emasculating an attorney general's fundamental authority with respect to nonprofit organizations in general and charitable corporations in particular. The power and oversight authority of the AG remains fundamentally intact with respect to nonprofits.
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The French prohibit government collection of data about race, ethnicity or religion, because it is inconsistent with the French ideal of "citizenship" as the only legitimate form of identity.
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Ledbetter v. Goodyear Tire decision got it wrong the majority opinion views the civil rights laws as a series of hurdles that the employee has to overcome in order to vindicate her rights to be free of discrimination and retaliation.
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When a right is fundamental, the government cannot deny it to any person without having a compelling justification for doing so. The day will come when our government keeps its constitutional promises and same-sex couples' right to marry will become the law of the land.
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