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Balkinization
Balkinization Symposiums: A Continuing List E-mail: Jack Balkin: jackbalkin at yahoo.com Bruce Ackerman bruce.ackerman at yale.edu Ian Ayres ian.ayres at yale.edu Corey Brettschneider corey_brettschneider at brown.edu Mary Dudziak mary.l.dudziak at emory.edu Joey Fishkin joey.fishkin at gmail.com Heather Gerken heather.gerken at yale.edu Abbe Gluck abbe.gluck at yale.edu Mark Graber mgraber at law.umaryland.edu Stephen Griffin sgriffin at tulane.edu Jonathan Hafetz jonathan.hafetz at shu.edu Jeremy Kessler jkessler at law.columbia.edu Andrew Koppelman akoppelman at law.northwestern.edu Marty Lederman msl46 at law.georgetown.edu Sanford Levinson slevinson at law.utexas.edu David Luban david.luban at gmail.com Gerard Magliocca gmaglioc at iupui.edu Jason Mazzone mazzonej at illinois.edu Linda McClain lmcclain at bu.edu John Mikhail mikhail at law.georgetown.edu Frank Pasquale pasquale.frank at gmail.com Nate Persily npersily at gmail.com Michael Stokes Paulsen michaelstokespaulsen at gmail.com Deborah Pearlstein dpearlst at yu.edu Rick Pildes rick.pildes at nyu.edu David Pozen dpozen at law.columbia.edu Richard Primus raprimus at umich.edu K. Sabeel Rahman sabeel.rahman at brooklaw.edu Alice Ristroph alice.ristroph at shu.edu Neil Siegel siegel at law.duke.edu David Super david.super at law.georgetown.edu Brian Tamanaha btamanaha at wulaw.wustl.edu Nelson Tebbe nelson.tebbe at brooklaw.edu Mark Tushnet mtushnet at law.harvard.edu Adam Winkler winkler at ucla.edu Compendium of posts on Hobby Lobby and related cases The Anti-Torture Memos: Balkinization Posts on Torture, Interrogation, Detention, War Powers, and OLC The Anti-Torture Memos (arranged by topic) Recent Posts
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Tuesday, September 30, 2003
JB Precision Worthy Of A Lawyer Columnist Robert Novak reported in July that Valerie Plame, the wife of diplomat Joseph Wilson, was an undercover CIA operative specializing in weapons of mass destruction. Wilson believes that his wife's name was publicized by administration officials either to discredit him or as revenge for Wilson's statement that the Bush Administration exaggerated intelligence claims in order to justify the Iraqi war. The Justice Department is now investigating the matter.
In a recent statement, Novak defended the Bush Administration
"Nobody in the Bush administration called me to leak this," Novak said on CNN's "Crossfire," of which he is a co-host. "There is no great crime here." What Novak did not say is as important as what he did say. He did not say that Bush Adminstration officials did not leak the information to him. Rather, he said that they did not call him to leak it. He did not say that they mistakenly divulged the information in a slip of the tongue. Rather he said that after disclosing the information, they asked him not to divulge it.
This is completely consistent with Administration officials intending to leak the information to discredit or seek revenge against Wilson by revealing his wife's identity as a CIA operative. Officials do not have to call columnists like Novak to leak information; rather the columnists are continuously attempting to contact them. Officials know this. Moreover, to reveal such information in the course of a conversation about another topic is probably the most prudent way to leak information. Finally, a request not to disclose the information is not the same as a demand that the information not be disclosed or the reporter will suffer consequences.
Like any good journalist, Novak is defending his sources. He is not only defending their identities, but also any claim that the officials have violated the law by deliberately leaking the information. However, read carefully, what he said is not an adequate defense.
UPDATE: Compare Novak's recent statement with the one published shortly after his story appeared, on July 22 (thanks to Atrios for the link):
Novak, in an interview, said his sources had come to him with the information. "I didn't dig it out, it was given to me," he said. "They thought it was significant, they gave me the name and I used it."
Posted 11:55 AM by JB [link] (3) comments Friday, September 26, 2003
JB Colin Powell, Diplomat A nice quote from today's New York Times editorial on the interim Iraq Survey Report:
[I]t was the fear of weapons of mass destruction placed in the hands of enemy terrorists that made doing something about Iraq seem urgent. If it had seemed unlikely that Mr. Hussein had them, we doubt that Congress or the American people would have endorsed the war. Posted 10:01 AM by JB [link] (4) comments Wednesday, September 24, 2003
JB And, Apparently, No Weapons of Mass Destruction of Any Kind The BBC now reports that the interim report of the Iraq Survey Group will state that they have discovered no weapons of mass destruction in Iraq and that it is very likely unlikely that Iraq distributed such weapons to Syria before the war began.
Mr Neil said that according to the source, the report will say its inspectors have not even unearthed "minute amounts of nuclear, chemical or biological weapons material". My greatest concern had been that the reason why no WMD's were found is because they were spirited out of the country by terrorists during the chaos of the war. But if this report about the Iraq Survey Report is to be believed, there were no weapons to spirit out at all. At most there was were plans for a program that was in "suspended animation"-- i.e., with various elements placed around the country so that Iraqi scientists could begin working on starting up a weapons program as soon as international inspectors turned their attention away from Iraq. This is the dispersion and reassembly theory mentioned in my previous post.
In my previous post I suggested that such a discovery might take some of the heat off the Administration. But on further reflection, I am not so sure anymore. If the weapons programs would remain in suspended animation as long as eyes were on Iraq, then a strategy of containment was probably fully adequate to deal with the future threat posed by Iraq, precisely what the Bush Administration denied in the months leading up to the war. Thus, even though the Administration may want to take some comfort out of findings of a dormant weapons program, those very findings suggest that it badly misjudged the situation in Iraq and chose the wrong strategy for dealing with the threat of WMD's.
Posted 11:24 PM by JB [link] (4) comments Sunday, September 21, 2003
JB And No Smallpox, Either The Guardian reports:
A team of US government scientists has turned up no evidence that Saddam Hussein was making or stockpiling smallpox. Nevertheless, according to a report by the Washington Times, David Kay, who is heading the Iraq Survey Report, has told senators that his report will conclude that Iraq did have an active biological weapons *program* at the time the United States attacked Iraq, although he has not yet offered any proof for this claim. Apparently, according to a report by the Boston Globe at the end of August, Kay will argue that Hussein spread plans and parts for the manufacture of chemical, biological and nuclear weapons around various parts of Iraq with the idea of assembling them to produce weapons of mass destruction when U.N. inspectors left the country. This dispersion and reassembly theory would take some of the political heat off the Administration by offering an explanation of why Saddam was as dangerous as the Admnistration claimed even though no actual weapons of mass destruction were found. Needless to say, a great deal is at stake in the results of the Iraq Survey Report, for if Kay can make a convincing case that WMD's were in a ready to be manufactured state, his report could not come at a better time for the Bush Administration, which has lost considerable credibility on this issue.
Posted 11:27 PM by JB [link] (5) comments Thursday, September 18, 2003
JB Blix: No Iraq WMD's since 1991 Chief U.N. Arms Inspector Hans Blix has concluded that Iraq probably had destroyed its weapons of mass destruction by 1991 and had none in its possession for over a decade, the Belfast Telegraph reports (also see this story from ABC News (Australian):
Mr Blix, who retired in June, told the Australian state broadcaster ABC: "I'm certainly more and more to the conclusion that Iraq has, as they maintained, destroyed all, almost, of what they had in the summer of 1991." . . . Blix also criticized the American and British governments for their decision to go to war on insufficient evidence of weapons of mass destruction, Reuters reports:
Blix attacked the "spin and hype" behind the U.S. and British allegations that Iraq had weapons of mass destruction. I should note that despite Blix's confidence that there were no WMD's in Iraq when the Americans and British attacked, the Iraq Survey Group's report has yet to be released, and we will see whether any new evidence has emerged. Certainly the members of the survey have every incentive to find weapons of mass destruction if they are in fact there.
Posted 11:11 PM by JB [link] (3) comments
JB To The Max! Former Senator (and head of the Veterans' Administration) Max Cleland's op-ed in the Atlanta Journal Constitution (via Daily Kos) pretty much nails it:
Instead of learning the lessons of Vietnam, . . . , the president, the vice president, the secretary of defense and the deputy secretary of defense have gotten this country into a disaster in the desert.
Posted 10:56 PM by JB [link] (4) comments Monday, September 15, 2003
JB The Return of Bush v. Gore Today the Ninth Circuit Court of Appeals issued an injunction staying the California recall election on the grounds that about 44 percent of the California population will be using outmoded punch card technology to cast their ballots, leading to the likelihood that many of their votes will not be counted. (More on the court's decision here). The court argued that this violated the Equal Protection Clause of the Fourteenth Amendment, citing prominently as justification the Supreme Court's decision in Bush v. Gore.
For those of us who were deeply skeptical of the politics if not the reasoning of the Bush v. Gore opinion, the 9th Circuit's use of it to delay-- at least for the moment-- a Republican plan to replace California's elected Democratic governor with a Republican candidate is deeply amusing. Nevertheless, there are several important differences that are worth noting.
First, the objectionable portion of Bush v. Gore was not its equal protection holding, but rather the remedy, which was inconsistent with the equal protection theory. Indeed, the only thing odd about the equal protection holding was that it was a liberal innovation supported by the Court's most conservative members, who usually fight shy of such social engineering, at least where election of Republican Presidential candidates is not at stake.
Second, the Bush v. Gore decision, by its own terms, limited the scope of its equal protection holding to the precise facts of the case, that is, the rules governing hand recounts by the judiciary. Although the case made noises about the fact that punch card ballots were more likely to be spoiled than other forms of balloting, the court stopped well short of holding that different voting technologies violated the equal protection clause. For had it so held, it would have opened the door to a much more extensive complaint about the Florida election. Nevertheless, the dissenting justices noted that the logic of Bush v. Gore might well apply to technological differences as well.
One possible distinction is that technological differences in ballot spoilage do not necessarily mean that there has been any sort of deliberate intent to discriminate against voters or deny them the right to have their ballots counted. The Bush v. Gore holding could be read narrowly to hold that judicial hand recounts required a single standard in order to avoid invidious discrimination against voters. That is to say, the Bush v. Gore opinion may be about the Court's distrust of the Florida judiciary's bona fides in conducting the recount. That would pose a different problem than the problem of different voting technologies used in different parts of the state.
Nevertheless, the Court's precedents in the voting area do not always require bad intent in order to find a violation of voting rights under the Fourteenth Amendment. The principle of one person, one vote should, in theory, apply whether the dilution of the voter's rights was deliberate or negligent. Hence the Ninth Circuit's argument, even though it does not follow directly from Bush v. Gore, nevertheless makes some sense in the light of the Court's other voting rights precedents.
Nevertheless, there is a delicious irony in watching Bush v. Gore used in this way. The Supreme Court apparently believed that it could resolve the 2000 election by issuing an opinon that would never be used or cited by any court again. It hoped to expand equal protection doctrine for this one case but then hold that the decision was limited to the precise facts of Bush v. Gore. The Ninth Circuit has called its bluff, suggesting, in effect, that if the Supreme Court wants us to believe that Bush v. Gore was a legal opinon, then it should be treated as law, with real precedental consequences, rather than as a one-time imposition of will by five Justices who wanted to install the Republican candidate, George W. Bush, as President.
Long live the rule of law!
Posted 7:12 PM by JB [link] (3) comments
JB Report On WMD's Will Surface After All The London Times reported Sunday (an abbreviated account can be found here) that both the U.S. and Great Britain had blocked release of the Iraq Survey Group report on WMD's because the report failed to find any evidence of WMD's. CBS News now reports that the report will be published after all, but that it will be inconclusive.
The Times reports the decision by Britain and America to delay the report's release comes after efforts by the Iraq Survey Group, a team of 1,400 scientists, military and intelligence experts, to search Iraq for the past four months to uncover evidence of chemical or biological weapons ended in failure.
UPDATE: CBS originally reported, consistent with the Times article, that the WMD report would be blocked indefinitely, but later was informed that the report would in fact be issued. It seems clear, at any rate, that once the original story alleging that the report would be blocked ran in the London Times, the report would eventually have to be released to the public whatever the Bush and Blair Adminstrations' qualms about it might have been.
Posted 12:37 PM by JB [link] (4) comments
JB No Nukes in Iraq A UN arms inspectors report leaked to the Associated Press suggests that Iraq had no nuclear program worth worrying about:
International Atomic Energy Agency chief Mohamed ElBaradei reiterated that his experts uncovered no signs of a nuclear weapons program before they withdrew from Iraq just before the war began in March. Posted 12:17 PM by JB [link] (3) comments Tuesday, September 09, 2003
JB Ah, February As Jay Bookman explains:
Last February, with invasion just weeks away, sources in the Bush administration told Newsweek that they were expecting a postwar occupation of Iraq of 30 to 90 days. And, to make you feel even more nostalglic, USA Today reports that the monthly expense of the Iraq and Afghanistan wars (*not* including the costs of reconstruction) is now comparable to the monthly expenses of the Vietnam War, adjusted for inflation.
Well, we should have the money for this. It's not as if we're running humongous deficits due to ill-advised tax cuts largely benefitting the rich.
Posted 7:46 PM by JB [link] (3) comments
JB Questions About Same Sex Marriage and DOMA The noted copyright theorist Siva Vaidhyanathan asks whether if the Massachusetts courts hold that the state may not refuse marriage to same sex couples, this will have ramifications around the country under the federal constitution. The answer is that the decision would probably be rendered under the Massachusetts constitution, and therefore would not directly affect the construction of the Federal Constitution. If for some reason the Federal Constitution were invoked as a justification, the court will probably also find independent grounds under the Massachusetts Constitution to prevent an appeal to the U.S. Supreme Court.
Siva's other question has to do with the effect of the Defense of Marriage Act (DOMA) and Article IV of the U.S. Constitution. The Defense of Marriage Act is designed to alleviate any responsibility that other states might have for recognizing same-sex marriage if one state legalizes it.
Siva wants to know if the Privileges and Immunities Clause of Article IV, section 2 would require states to recognize same sex marriages despite DOMA.
The Privileges and Immunities Clause of Article IV, section 2 does not apply because a state that does not recognize same-sex marriage is not treating outsiders from other states differently than it treats its own citizens, who cannot engage in same-sex marriages.
It is more likely that if DOMA is unconstitutional it is because of the Full Faith and Credit Clause of Article IV section 1, which provides that "Full Faith and Credit shall be given in each State to the public Acts, and Records, and judicial Proceedings of every other State." Although the Supreme Court has held that divorces are "judgments" that must be recognized in all states, unless the state of divorce lacked subject matter jurisdiction, Williams v. North Carolina, 317 U.S. 287 (1942), it has never held the same for marriages. However, marriages are arguably "acts" or "records" for Full Faith and Credit Purposes. If so, then one important question is whether the Clause means what it says or whether states may refuse to give recognition to marriages that violate their public policy. This question is unsettled.
Assuming that marriages are "acts" and that there is no public policy exception, then DOMA arguably allows States to refuse to give effect to rights protected by Article IV of the Constitution, and is therefore unconstitutional. Nevertheless, the next sentence of Article IV, section 1 states that "And the Congress may by general Laws prescribe the Manner in which such Acts, Records, and Proceedings shall be proved, and the Effect thereof." Supporters of DOMA could argue that Congress is merely refusing to give effect to same-sex marriages or other forms of domestic partnership. The problem with this argument is that if Congress can by legislation let states refuse to give same-sex marriages any effect at all, (as to opposed to specifying the nature of the effect) it has undermined the purpose of the Full Faith and Credit Clause. This question is also unsettled. Congress has invoked its powers under the Clause to require states to give effect to certain judgments (e.g., child support judgments) but the question is whether it may permit states to refuse to give any effect at all to out of state judgments.
Posted 11:46 AM by JB [link] (5) comments Monday, September 08, 2003
JB Why Dissent Remains Important Secretary of Defense Donald Rumsfeld has recently grumbled to reporters that criticism of the Administration's war policies can encourage terrorists and make America's war on terrorism more difficult, Newsday reports.
Many, I assume, will accuse Rumsfeld of trying to stifle dissent. My objection is somewhat different. I think Rumsfeld does not properly recognize the reason why dissent about the war can be important to the success of American foreign policy, even if it does complicate the Administration's efforts.
Rumsfeld and other members of the Administration have shown a decided penchant for disdaining the views of people who disagree with them. They were supremely confident about how easy it would be to topple Saddam and install a friendly democratic state in Iraq. We would be greeted as liberators, we were told, and our victory would smooth the Israeli-Palestinian peace process. How naive these assertions now sound in light of recent events.
The Administration also refused to disclose how much its Iraq adventure would cost, and how long American troops would have to stay. Rumsfeld was determined to show that a war of preemption could be performed on the cheap, with minimal forces, and without dragging the U.S. into a quagmire. He and others in the Administration wanted to show that preemption was a viable policy for the future, and that we could act without very much international cooperation.
The Administration's critics protested repeatedly that the Administration was underestimating the dangers of a preemptive attack on Iraq, that even if victory would be swift, stabilizing the country would take many years and great expense, and that an unacceptable number of American lives would be lost in the process. Critics also argued that the Administration's overconfidence, its refusal to level with the American people about how much the war woud cost and how long it would take, and its thumbing its nose at nations that disagreed with its policies would come back to haunt it someday.
Almost all of these warnings of critics have come to pass. The President has given up the triumphalist tone of his May 1st strut around the deck of the U.S.S. Abraham Lincoln, in which he asserted "Mission Accomplished." He now has somberly informed the American public that he will need 87 billion dollars to stabilize the country, an astonishing sum if you consider that it is more than the cost of the 1991 Persian Gulf War. He has grudgingly come to agree that international assistance will be necessary, although he cannot yet bring himself to request help. Instead he simply notes that other countries "should" help the United States.
This brings me to the value of dissent. If the President and his Administration had listened to the dissenters in this country and throughout the world, and taken their arguments seriously, he might well have chosen a wiser path, even if he did not follow their advice in all respects. He might have prepared more thoroughly for the occupation. He might have spent more time working out the details of how to search for weapons of mass destruction in the chaos of war. He might have waited until October and picked up the support of more countries, or even gotten the U.N.'s blessing.
The President and his advisors did not listen to dissenters before, dismissing them as pessimists and mere impediments to the realization of his grand plan. They proved to be much more able and prescient than he was willing to believe. He has now grudgingly come to see the value in much of what they said.
Given this lesson, perhaps the President might try listening more closely to those who disagree with him and consider their objections and concerns more seriously. Dissent provides a crucial counterweight to wishful thinking. If the Administration simply dismisses the dissenter today, as it did in the past, it risks making the same mistakes it made in the past two years-- the mistakes of hubris, the mistakes of overconfidence, the mistakes of a naive belief that the truth and good and righteousness lie only on your side, and that all those who disagree with you are either fools or knaves.
The Administration has made those mistakes once before, and now is beginning to see the consequences of its arrogance and its blindness. Isn't it time for it to gain a bit of humility, and begin recognizing the practical value of dissent?
UPDATE In my original posting, I posted to a Washington Post story at the following location that had the same quotes as the Newsday story. (A version of that story from Reuters, by Tabassum Zakaria, is here.) However, a day later, a different story by Dana Milbank, which omitted all of Rumsfeld's quotes about dissent, had replaced the original story. Does anyone know why this would be the case?
Posted 6:28 PM by JB [link] (5) comments
JB Wounded Soldiers in Iraq-- Classified and Forgotten Although the number of soldiers killed in Iraq has been widely reported, the number of wounded is far larger. The Pentagon, however, has treated the exact number of soldiers wounded as classifed, as Bill Berkowitz reports. The Florida Sun Sentinel reports that around 10 soliders a day are wounded in action, although the news of these injuries is not routinely covered by the media:
The number of those wounded in action, which totals 1,124 since the war began in March, has grown so large, and attacks have become so commonplace, that U.S. Central Command usually issues news releases listing injuries only when the attacks kill one or more troops. The result is that many injuries go unreported. Posted 12:09 AM by JB [link] (4) comments Sunday, September 07, 2003
JB Bush Approved War Strategy For Iraq in August 2002 According to a classified report, obtained by the Washington Times.
A secret report for the Joint Chiefs of Staff lays the blame for setbacks in Iraq on a flawed and rushed war-planning process that "limited the focus" for preparing for post-Saddam Hussein operations. Posted 11:55 PM by JB [link] (4) comments
JB Bush Reasserts Connection between Iraq War and War on Terror In his Sunday speech to the nation, President Bush once again artfully attempted to suggest a connection between deposing Saddam Hussein and the war on terror that began with the September 11th attacks:
And for America, there will be no going back to the era before September the 11th, 2001, to false comfort in a dangerous world. We have learned that terrorist attacks are not caused by the use of strength. They are invited by the perception of weakness. And the surest way to avoid attacks on our own people is to engage the enemy where he lives and plans. We are fighting that enemy in Iraq and Afghanistan today so that we do not meet him again on our own streets, in our own cities. This is cleverly done, but in fact, there is still no evidence that Iraq was behind the 9/11 attacks. Nor does there seem to be any evidence that the Administration's policy in Iraq has made Americans safer at home, or successfully deterred future attacks on American soil. Indeed, the evidence points to the opposite conclusion. By attacking Iraq, we diverted resources from Afghanistan, which has fallen into increasing political chaos, and from needed expenditures on homeland security. As a result of our attack, terrorist groups and Islamic fundamentalists who have no love for the U.S. have been pouring into Iraq to assist with the guerilla war now being conducted against our troops. That war, and the cost of rebuilding the country, have sapped American resources even more. And, as I have repeatedly suggested in this blog, there is also the very unsettling possibility that if weapons of mass destruction, or materials used to construct them, did exist before the war (a prospect that seems increasingly less likely, see the post below), were spirited out of the country as a result of the chaos produced by our attack on Iraq, and are now in the hands of terrorist groups.
Our show of strength, as the President puts it, has had exactly the opposite effect that the President claims it would have. Instead it seems that President Bush is the one offering the nation "false comfort" when he suggests that his Iraq policy and his refusal to fund homeland security at proper levels has made Americans safer.
Posted 11:43 PM by JB [link] (4) comments
JB Iraq Survey Report Due Soon The Iraq Survey Report, which took over the task of finding weapons of mass destruction from the U.S. Army, is due to issue an interim report in the next week. The Survey headed by David Kay, has been especially tight lipped about its findings. The New Zealand News reports, however, that recent statements by British and U.S. officials suggest that they believe that the report will state that no weapons have been found, and that, at best, the Iraqi weapons programs were in a state of what is has been called "suspended animation;" i.e., preserving a coterie of scientists who would make it possible for Iraq to develop these weapons some day.
If so, this cannot be heartwarming news to either the Administration or to Tony Blair's government, which asserted repeatedly that Saddam actually possessed weapons of mass destruction and offered this as grounds for war. Indeed, in his Sunday night speech to the nation, President Bush said nothing about the hunt for Saddam or Osama bin Laden, nor the search for the missing weapons of mass destruction.
Posted 11:30 PM by JB [link] (3) comments
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Carrots and Sticks: Unlock the Power of Incentives to Get Things Done (Bantam Books, 2010) ![]() Mark Tushnet, Why the Constitution Matters (Yale University Press 2010) Ian Ayres and Barry Nalebuff: Lifecycle Investing: A New, Safe, and Audacious Way to Improve the Performance of Your Retirement Portfolio (Basic Books, 2010) ![]() Jack M. Balkin, The Laws of Change: I Ching and the Philosophy of Life (2d Edition, Sybil Creek Press 2009) ![]() Brian Z. Tamanaha, Beyond the Formalist-Realist Divide: The Role of Politics in Judging (Princeton University Press 2009) ![]() Andrew Koppelman and Tobias Barrington Wolff, A Right to Discriminate?: How the Case of Boy Scouts of America v. James Dale Warped the Law of Free Association (Yale University Press 2009) ![]() Jack M. Balkin and Reva B. Siegel, The Constitution in 2020 (Oxford University Press 2009) Heather K. Gerken, The Democracy Index: Why Our Election System Is Failing and How to Fix It (Princeton University Press 2009) ![]() Mary Dudziak, Exporting American Dreams: Thurgood Marshall's African Journey (Oxford University Press 2008) ![]() David Luban, Legal Ethics and Human Dignity (Cambridge Univ. Press 2007) ![]() Ian Ayres, Super Crunchers: Why Thinking-By-Numbers is the New Way to be Smart (Bantam 2007) ![]() Jack M. Balkin, James Grimmelmann, Eddan Katz, Nimrod Kozlovski, Shlomit Wagman and Tal Zarsky, eds., Cybercrime: Digital Cops in a Networked Environment (N.Y.U. Press 2007) ![]() Jack M. Balkin and Beth Simone Noveck, The State of Play: Law, Games, and Virtual Worlds (N.Y.U. Press 2006) ![]() Andrew Koppelman, Same Sex, Different States: When Same-Sex Marriages Cross State Lines (Yale University Press 2006) Brian Tamanaha, Law as a Means to an End (Cambridge University Press 2006) Sanford Levinson, Our Undemocratic Constitution (Oxford University Press 2006) Mark Graber, Dred Scott and the Problem of Constitutional Evil (Cambridge University Press 2006) Jack M. Balkin, ed., What Roe v. Wade Should Have Said (N.Y.U. Press 2005) Sanford Levinson, ed., Torture: A Collection (Oxford University Press 2004) Balkin.com homepage Bibliography Conlaw.net Cultural Software Writings Opeds The Information Society Project BrownvBoard.com Useful Links Syllabi and Exams |