Open University

Recommended Reading


by Jacob T. Levy

Sometimes a given blog hits its stride in a way that makes it consistently important or even essential reading, but leaves others without much to say beyond, "Hear, hear." Because the blogosphere thrives on controversy or at least nitpicking, "Hear, hear" is kind of boring and not often said--and so sometimes the best posts aren't as linked to or as read as they should be.

I'll say it. For the past two weeks or so, Balkinization's contributors, including our own Sandy Levinson, have been putting up post after important post on executive power, torture, and the Bush administration's extravagant constitutional claims. I think these may be the most morally and constitutionally urgent matters in the American political order right now. I lack any interesting expertise that would let me write anything on the subjects you should read instead of reading their posts. A selection:

Marty Lederman:

  • Here's the Administration's Cruel Treatment and Torture Authorization Act
  • The CIA's "Alternative Set of Procedures": Calling Things by Their Right Names
  • Does
    Torture Save Lives?
  • Business As Usual?
    Will Congress Authorize Violations of the Geneva Convention?
  • At Last, the Issue is Publicly Joined . . . and When All the Smoke has Cleared, the Central Question is Quite Simple
  • Getting with "The Program": Clarity Through Obfuscation Even
    OLC is Unwilling to Say That That These Techniques Comply with Geneva

    Jack Balkin:

  • Draft of Warner-Graham Bill on Military Commissions
  • September 11 and American Politics, Five Years Later
  • The Great Debate Over the Rule of Law-- and Civic Courage
  • "Final" Version of the Warner-McCain-Graham Bill on Military Commissions

    Brian Tamanaha:

  • On Stalin's (Torturous) "Alternative Set of Procedures"

    Sandy Levinson:

  • Article 48 and the U.S. Constitution

    Hear, hear. Please, go read.

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