Charting the backwaters

Either/Or: Professors Zephyr Rain Teachout and Akhil Reed Amar – Contradictions and Reconciliation (2012) by Seth Barrett Tillman is available for download at SSRN and at Selected Works. Per the abstract,

ESI does it

In the latest issue of Engage, the Litigation Practice Group's articles include A Modest Proposal for Human Limitations on Cyberdiscovery, by Richard M. Esenberg

Sorting them out

"As the dissenters warned and as the amount of ink spilled in this single case attests, Boumediene's [Boumediene v. Bush, 553 U.S.723, 787 (2008)] airy suppositions have caused great difficulty for the Executive and the courts. See 553 U.S. at 824-26 (Roberts, C.J., dissenting); id. at 827-28 (Scalia, J., dissenting). Luckily, this is a shrinking category of cases. The ranks of Guantanamo detainees will not be replenished. Boumediene fundamentally altered the calculus of war, guaranteeing that the benefit of intelligence that might be gained-even from high-value detainees-is outweighed by the systemic cost of defending detention decisions. Id. at 828 (Scalia, J., dissenting). While the court in Boumediene expressed sensitivity to such concerns, it did not find them 'dispositive.' Id. at 769. Boumediene's logic is compelling: take no prisoners. Point taken." Brown, J., Latif v. Obama, No. 10-5319 (D.C. Cir., October 14, 2011), pp. 52-53 (via Stephen I. Vladeck at ACSblog)

Common Ground: The Founding Era

At First Principles, an excerpt from A Student’s Guide to American Political Thought, by George W. Carey