Law

L'etat C'est Moi
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April 02, 2007

by Linda Hirshman Cass Sunstein has done us all his usual good service by bringing some old-fashionedcivic republican analysis to the newer phenomenon of the blogosphere. That similar trends have been observed in satellite TV and radio reflects, I fear, that the blogosphere at most, reinforces the polarization of the society.

Supreme Court And Climate Change
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April 02, 2007

by Cass Sunstein Just out: The Supreme Court has ruled against the Bush administration in the climate change case. It is too soon to know whether this is a major development in terms of climate change, but it is a remarkable outcome in terms of the law. The plaintiffs faced several serious obstacles: It was not clear that they had standing, it was not (entirely) clear that EPA's decision was reviewable under the ordinary standards, and it was not clear that the EPA's decision was inconsistent with the Clean Air Act.

Climate Change After The Supreme Court
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April 02, 2007

by Cass Sunstein One of the most interesting questions raised by today's decision is the likely aftermath. In a nutshell, the EPA said that it lacked the legal authority to regulate greenhouse gases from motor vehicles, and also said that it would decline to regulate greenhouse gases even if it had such authority. The Court ruled (1) that the EPA had the authority to regulate greenhouse gases and (2) that it did not adequately explain why it declined to do so.

In Today's Web Magazine
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April 02, 2007

Jason Zengerle hangs out with Ned Lamont, who relives his loss to Joe Lieberman every week; Michael E. O'Hanlon judges Robert Gates's first months in office; Michael Currie Schaffer probes the psychology of Matthew Dowd, the Bush turncoat; Rachel Bronson explains why Saudi Arabia is suddenly so chummy with longtime adversary Iran; and, in the wake of yesterday's Supreme Court ruling on the greenhouse-gas emissions, we offer a package of stories from our archives on the EPA--including articles by Al Gore and Ralph Nader. --Adam B. Kushner

Citizen Stengel
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March 30, 2007

So last weekend, Richard Stengel, managing editor of Time magazine (and the ontological pioneer who brought us "You" as their Person of the Year), went on the Chris Matthews show and explained his view of the U.S. Attorney scandal: I am so uninterested in the Democrats wanting Karl Rove, because it is so bad for them. Because it shows business as usual, tit for tat, vengeance.

Unconstitutional?
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March 29, 2007

by Jacob T. Levy Over on The Spine, Marty Peretzseemingly endorses state-level divestments from businesses doing business in Sudan. Apart from the merits of divestment as a strategy of effecting change, I have a question: Isn't such a policy unconstitutional? Per Crosby v. National Foreign Trade Council, states are prohibited from conducting independent foreign policies through economic boycotts; the federal government occupies the whole field of legitimate action on foreign trade. Isn't a divestment policy just a narrow case of an economic boycott?

Democrats On Health Care
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March 25, 2007

Now that every candidate for president is talking about taking care of the nation's health, the issue is getting murkier and murkier. Naturally, Hillary is angry and is already a caricature of her own self in 1993. Obama is vague. John Edwards is very specific and runs the risk of not getting his message across. The rest of the Democrats say more or less the same words, except for Chris Dodd who adds that he is in favor letting supervisory nurses unionize.

War Costs Money
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March 22, 2007

That is the message that Joe Lieberman will deliver on the floor of the Senate tonight. Here is an excerpt of that speech, calling for a tax increase to fight the multi-pronged war on Islamism: During the Second World War, our government raised taxes and we spent as much as 30 percent of our Gross Domestic Product to defeat fascism and Nazism.

Congressional Culpability & The U.s. Attorneys
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March 20, 2007

by Stanley I. Kutler Congress is on the verge of rare bi-partisanship: the administration's calculated decision to rid its ranks of "disloyal" U.S. attorneys, who did their duty to enforce the law without political fear or favor, has roiled the blood of Democrats and Republicans alike. Attorney General Alberto Gonzalez's days appear numbered; at the very least, his authority is severely diminished. Karl Rove, the architect of many Democratic defeats and Harriet Miers (alas!

The Survival Of The Fattest
March 19, 2007

Mindless Eating: Why We Eat More Than We Think By Brian Wansink (Bantam, 276 pp., $25) The idea of "the survival of the fittest" is one of the most powerful organizing principles in all of science. That simple idea, stated by Herbert Spencer on the basis of Charles Darwin's work and later endorsed by Darwin himself, captures the theory of evolution, the process of natural selection, and a host of associated notions. And yet the phrase can produce confusion.

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