Bill Otis Responds to George Will on the Death Penalty

George Will recently wrote an op-ed in the Post, advancing the “conservative case” against the death penalty.  My friend Bill Otis has written this strong response.  Here’s an excerpt of Bill’s argument: Will says that the considerable expense and delay of capital punishment “are here to stay.” How does he know that?  Fifty years ago, […]

Paul Alan Levy (Public Citizen) on the Radiance Foundation v. NAACP trademark / free speech case

This is the case I blogged about Tuesday; Paul Alan Levy's post discusses the case in much more detail -- if you're interested in trademark law and free speech, check it out.

N.Y. allowed to exclude “Choose Life” plates from specialty license plate program, because they are “patently offensive”

N.Y. officials apparently interpreted "patently offensive" as covering "politically sensitive and emotionally charged issues," "regardless of the particular viewpoint espoused." But officials nonetheless allowed a "Union Yes" plate and one that says "Support Police," while excluding "Choose Life."

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Obama is nostalgic for “white” Israel

Obama's expressed nostalgia for the Israel of kibbutzim, Golda Meier, and Moshe Dayan, apparently not recognizing that this Israel was also an Israel dominated by a minority secular Ashkenazic elite that used its control of government and the economy to marginalize other groups.

A new twist on asset forfeiture

Can the federal government "seize" the trademark rights belonging to the Mongol Nation motorcycle club? They think they can, but I doubt it.

Something’s rotten in base-20 numbering systems!

"It's 96, or, as we say in French, 'sept-treizes et cinq'."

What are the lessons of the Constitution’s 225-year history of interpretation?

My final guest post describes some of the lessons of constitutional history that my co-author and I draw, tentatively, at the end of our book “The Constitution: An Introduction.”

How, originalism and unitary executive theory strengthen the constitutional case for Obama’s immigration policy

In a guest post at the ACS Blog, I explain how the constitutionality of Obama's immigration policy can be defended based on theories usually associated with the rival Federalist Society.

Youngstown State University administration — not the student government — apparently took the lead in removing ‘Straight Pride’ posters

When I first posted about this incident, press accounts focused on the student government's actions -- but it looks like the removal was driven by University administrators.

“The Privacy Paradox”

Does the Internet threaten privacy or bolster it? Or both? An interesting new paper from Benjamin Wittes and Jodie Liu.

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