CHANGING and UNCHANGING VALUES in the WORLD of the FUTURE S E I R E S E C N E R E F N O C E E D R a P
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Reply Memorandum of Law in Support of Motion to Unseal by Raymond Bonner
Case 1:08-cv-01360-UNA Document 436 Filed 11/07/16 Page 1 of 32 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ZAYN AL ABIDIN MUHAMMAD ) HUSAYN (ISN # 10016), ) ) Petitioner. ) ) v. ) No. 08-CV-1360 ) ASHTON CARTER, ) ) Respondent. ) ) REPLY MEMORANDUM OF LAW IN SUPPORT OF MOTION TO UNSEAL BY RAYMOND BONNER David A. Schulz Hannah Bloch-Wehba Steven Lance (law student intern) Andrew Udelsman (law student intern) Media Freedom & Information Access Clinic Abrams Institute for Freedom of Expression Yale Law School P.O. Box 208215 New Haven, CT 06520 Phone: 212-850-6103 Fax: 212-850-6299 Chad Bowman Levine Sullivan Koch & Schulz, LLP 1899 L Street, NW, Suite 200 Washington, DC 20036 Phone: 202-508-1100 Fax: 202-861-8988 Counsel for Movant Raymond Bonner Case 1:08-cv-01360-UNA Document 436 Filed 11/07/16 Page 2 of 32 TABLE OF CONTENTS PRELIMINARY STATEMENT .................................................................................................... 1 ARGUMENT .................................................................................................................................. 2 I. JUDICIAL RECORDS ARE SUBJECT TO THE FIRST AMENDMENT RIGHT OF ACCESS, EVEN WHEN THEY CONTAIN CLASSIFIED INFORMATION .......... 2 A. Classified Information Is Not Exempt From the Constitutional Access Right ....... 2 1. The government misapplies the “history and logic” test to the content of a record rather than the type of proceeding involved. ............... 2 2. The unilateral Executive authority to seal court records claimed by the government would violate the constitutional separation of powers. ..... 5 B. The Constitutional Standard Must Be Satisfied To Seal A Court Record That Contains Classified Information ..................................................................... 6 1. The Executive’s classification standards do not automatically satisfy the controlling First Amendment standard. -
The Oath a Film by Laura Poitras
The Oath A film by Laura Poitras POV www.pbs.org/pov DISCUSSION GUIDe The Oath POV Letter frOm the fiLmmakers New YorK , 2010 I was first interested in making a film about Guantanamo in 2003, when I was also beginning a film about the war in Iraq. I never imagined Guantanamo would still be open when I finished that film, but sadly it was — and still is today. originally, my idea for the Oath was to make a film about some - one released from Guantanamo and returning home. In May 2007, I traveled to Yemen looking to find that story and that’s when I met Abu Jandal, osama bin Laden’s former bodyguard, driving a taxicab in Sana’a, the capital of Yemen. I wasn’t look - ing to make a film about Al-Qaeda, but that changed when I met Abu Jandal. Themes of betrayal, guilt, loyalty, family and absence are not typically things that come to mind when we imagine a film about Al-Qaeda and Guantanamo. Despite the dangers of telling this story, it compelled me. Born in Saudi Arabia of Yemeni parents, Abu Jandal left home in 1993 to fight jihad in Bosnia. In 1996 he recruited Salim Ham - dan to join him for jihad in Tajikistan. while traveling through Laura Poitras, filmmaker of the Oath . Afghanistan, they were recruited by osama bin Laden. Abu Jan - Photo by Khalid Al Mahdi dal became bin Laden's personal bodyguard and “emir of Hos - pitality.” Salim Hamdan became bin Laden’s driver. Abu Jandal ends up driving a taxi and Hamdan ends up at Guantanamo. -
Bradley Impact Fund
FROM THE DESK OF GABE CONGER BY THE NUMBERS Dear Friends, This month, nearly 1.9 million students will graduate with a bachelor’s degree. What will they take away from their college experience? Many will earn a STEM degree or gain experience through internships. Leadership and technology skills will be enhanced. Yet, too few will have greater respect for vigorous public dialogue and diversity of viewpoints. The pressure to conform to the political correctness so pervasive on America’s college campuses is a barrier to young Americans learning and valuing the principles of free speech and freedom of thought. These principles CLASS1.9M OF 2019 were essential to the founding of our nation, and they are just as essential today. BACHELOR'S DEGREES With such extensive uniformity of opinion, the "informed citizenry" of today is not what our founding fathers pictured. Our theme for this issue is the intersection of the power of ideas, education, and informed citizens. Robert P. George, Princeton University professor and Bradley Foundation Board Member, shares his perspective as a conservative academic 10:1 engaged with young Americans at the threshold of their independence. We’re DEMOCRAT also pleased to announce the 2019 Bradley Prizes winners, whose work has PROFESSORS steadfastly advanced an informed citizenry. The Grant Recipient Spotlight will OUTNUMBER help you create your summer reading list; and in The Future is Now, we share REPUBLICAN Lincoln Network co-founder Aaron Ginn’s ideas for collaboration of like-minded technologists using their Silicon Valley skills to advance liberty and viewpoint diversity. Free thought and free speech are under fire in our society. -
“New Norms” and the Continuing Relevance of IHL in the Post-9/11
International Review of the Red Cross (2015), 97 (900), 1277–1293. The evolution of warfare doi:10.1017/S1816383116000138 The danger of “new norms” and the continuing relevance of IHL in the post-9/11 era Anna Di Lellio and Emanuele Castano Anna Di Lellio is a Professor of International Affairs at the New School of Public Engagement and New York University. Emanuele Castano is a Professor of Psychology at the New School for Social Research. Abstract In the post-9/11 era, the label “asymmetric wars” has often been used to question the relevance of certain aspects of international humanitarian law (IHL); to push for redefining the combatant/civilian distinction; and to try to reverse accepted norms such as the bans on torture and assassination. In this piece, we focused on legal and policy discussions in the United States and Israel because they better illustrate the dynamics of State-led “norm entrepreneurship”, or the attempt to propose opposing or modified norms as a revision of IHL. We argue that although these developments are to be taken seriously, they have not weakened the normative power of IHL or made it passé. On the contrary, they have made it more relevant than ever. IHL is not just a complex (and increasingly sophisticated) branch of law detached from reality. Rather, it is the embodiment of widely shared principles of morality and ethics, and stands as a normative “guardian” against processes of moral disengagement that make torture and the acceptance of civilian deaths more palatable. Keywords: IHL, asymmetric war, norm entrepreneurs, targeted killing, torture, terrorism, moral disengagement. -
HI 2108 Reading List
For students of HI 2106 – Themes in modern American history and HI 2018 – American History: A survey READING LISTS General Reading: 1607-1991 Single or two-volume overviews of American history are big business in the American academic world. They are generally reliable, careful and bland. An exception is Bernard Bailyn et al, The Great Republic: a history of the American people which brings together thoughtful and provocative essays from some of America’s top historians, for example David Herbert Donald and Gordon Wood. This two-volume set is recommended for purchase (and it will shortly be available in the library). Other useful works are George Tindall, America: a Narrative History, Eric Foner, Give me Liberty and P.S. Boyer et al, The Enduring Vision all of which are comprehensive, accessible up to date and contain very valuable bibliographies. Among the more acceptable shorter alternatives are M.A. Jones, The Limits of Liberty and Carl Degler, Out of our Past. Hugh Brogan, The Penguin history of the United States is entertaining and mildly idiosyncratic. A recent highly provocative single- volume interpretative essay on American history which places war at the centre of the nation’s development is Fred Anderson and Andrew Cayton, The Dominion of War: Empire and Liberty in North America, 1500-2000 All of the above are available in paperback and one should be purchased. Anthologies of major articles or extracts from important books are also a big commercial enterprise in U.S. publishing. By far the most useful and up-to-date is the series Major problems in American History published by D.C. -
Liberal Bias in the Legal Academy: Overstated and Undervalued Michael Vitiello Pacific Cgem Orge School of Law
University of the Pacific Scholarly Commons McGeorge School of Law Scholarly Articles McGeorge School of Law Faculty Scholarship 2007 Liberal Bias in the Legal Academy: Overstated and Undervalued Michael Vitiello Pacific cGeM orge School of Law Follow this and additional works at: https://scholarlycommons.pacific.edu/facultyarticles Part of the Legal Education Commons Recommended Citation Michael Vitiello, Liberal Bias in the Legal Academy: Overstated and Undervalued, 77 Miss. L.J. 507 (2007). This Article is brought to you for free and open access by the McGeorge School of Law Faculty Scholarship at Scholarly Commons. It has been accepted for inclusion in McGeorge School of Law Scholarly Articles by an authorized administrator of Scholarly Commons. For more information, please contact [email protected]. LIBERAL BIAS IN THE LEGAL ACADEMY: OVERSTATED AND UNDERVALUED Michael Vitiello * I. INTRODUCTION By many accounts, universities are hotbeds of left-wing radicalism. 1 Often fueled by overreaching administrators, right- wing bloggers and radio talk show hosts rail against the sup- pression of free speech by the "politically correct" left wing. 2 Over the past twenty years, numerous and mostly conservative commentators have published books decrying radical professors and their efforts to force their own political vision on their stu- dents. 3 Most recently , former Communist turned hard-right • Distinguished Pr ofesso r and Scholar, Pacific McGeorge School of Law; B.A. Swarthmore, 1969; J.D . University of Penn sylvania, 1974. I want to extend special thanks to a wonderful group of research assistants who ran down obscure footnotes and converted oddball citation s into Bluebook form-thanks to Cameron Desmond, Oona Mallett, Alison Terry, Jennifer L. -
Roger-Scruton-Beauty
Beauty This page intentionally left blank Beauty ROGER SCRUTON 1 3 Great Clarendon Street, Oxford OX2 6DP Oxford University Press is a department of the University of Oxford. It furthers the University’s objective of excellence in research, scholarship, and education by publishing worldwide in Oxford New York Auckland Cape Town Dar es Salaam Hong Kong Karachi Kuala Lumpur Madrid Melbourne Mexico City Nairobi New Delhi Shanghai Taipei Toronto With offices in Argentina Austria Brazil Chile Czech Republic France Greece Guatemala Hungary Italy Japan Poland Portugal Singapore South Korea Switzerland Thailand Turkey Ukraine Vietnam Oxford is a registered trade mark of Oxford University Press in the UK and in certain other countries Published in the United States by Oxford University Press Inc., New York # Horsell’s Farm Enterprises Limited The moral rights of the author have been asserted Database right Oxford University Press (maker) First published 2009 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, without the prior permission in writing of Oxford University Press, or as expressly permitted by law, or under terms agreed with the appropriate reprographics rights organization. Enquiries concerning reproduction outside the scope of the above should be sent to the Rights Department, Oxford University Press, at the address above You must not circulate this book in any other binding or cover and you must impose the same condition on any acquirer British Library Cataloguing in Publication Data Data available Library of Congress Cataloging in Publication Data Data available Typeset by SPI Publisher Services, Pondicherry, India Printed in Italy and acid-free paper by Lego S.p.A ISBN 978–0–19–955952–7 13579108642 CONTENTS Picture Acknowledgements vii Preface ix 1. -
The Graduate Magazine, 2007
A Magazine for the Graduate Community TheGraduate Volume XIX • Number 2 • 2007 U N I V E R S I T Y O F C A L I F O R N I A , B E R K E L E Y Do Babies Matter? What graduate students have to say about parenthood LETTER FROM THE DEAN The Magic of Berkeley is Something We Make Together THIS IS MY LAST MESSAGE TO who are helping unlock the secrets of THE GRADUATE COMMUNITY. human life through our DNA, and who are I have had the privilege of helping develop new low-cost medicines, serving as Graduate Dean for one of such as the artemisinin that will soon the greatest universities in the world combat malaria. Others are working to for seven years, since August 2000. preserve the languages of California’s own These have been, for me, the most numerous Native American tribes, and more fulfilling years of my career. Each are assisting our latest Nobel Prize winner, Peg Skorpinski photo May when I confer degrees on some George Smoot, in measuring the age of the of the most promising students in the world, I feel the Big Bang that created the universe. pride and the responsibility of maintaining this incredible The magic reaches out, too, through institution of higher learning. I have always believed that the teaching they go on to do in their Berkeley is magical. It is a unique world that offers the careers, some at Berkeley, many in other best of learning and the best of living. -
The Example of Pericles
Hoover Press : Brave DP5 HPLEBN0400 04-24-:2 10:14:32 rev1 page 63 ROGER KIMBALL What We Are Fighting For The Example of Pericles MIDWAY THROUGH the long article on Afghanistan in the great eleventh edition of the Encyclopedia Britannica, one comes across this description of the inhabitants of that ancient moun- tain country: The Afghans, inured to bloodshed from childhood, are familiar with death, and audacious in attack, but easily discouraged by failure; excessively turbulent and unsubmissive to law or dis- cipline; apparently frank and affable in manner, especially when they hope to gain some object, but capable of the grossest brutality when that hope ceases. They are unscrupulous in per- jury, treacherous, vain and insatiable, passionate in vindictive- ness, which they will satisfy at the cost of their own lives and in the most cruel manner. Nowhere is crime committed on such trifling grounds, or with such general impunity, though when it is punished the punishment is atrocious. Among themselves the Afghans are quarrelsome, intriguing and distrustful; estrange- ments and affrays are of constant occurrence; . The Afghan Hoover Press : Brave DP5 HPLEBN0400 04-24-:2 10:14:32 rev1 page 64 64 ROGER KIMBALL is by breed and nature a bird of prey. If from habit and tradition he respects a stranger within his threshold, he yet considers it legitimate to warn a neighbour of the prey that is afoot, or even overtake and plunder his guest after he has quitted his roof. That refreshingly frank passage, by Colonel Sir Thomas Hun- gerford Holdich, was published in 1910. -
Bibliography & End-Notes
TESTIMONY Sources This is a compilation of sources I consulted while researching Testimony, both works that provided general information about recurring themes, e.g., Gypsy life, and ones that inspired specific statements in the novel. I mean to be forthright about the points of departure for my imagination, as well as to provide an opportunity for further reading for those who might be curious about the actual facts, remembering that Testimony is fiction, and not intended to be a reliable portrayal of any real-world person or event. BIBLIOGRAPHY Books Isabel Fonseca, Bury Me Standing, (Knopf, 1995) Available currently in a Vintage Departures edition. This book by a researcher who met and lived among various European Rom communities remains gorgeously written, intricately researched, and constantly moving. Ian Hancock, We Are the Romani People (University of Hertfordshire Press, 2002) An introductory guide to Rom culture. Professor Hancock, Rom by birth, is one of the world’s leading experts on Romnipen and his people, to whom he, understandably, remains fiercely loyal. Like Fonseca, he is occasionally criticized for being more advocate than scholar, but his works were invaluable to me, and this book is only one of several works of his that I consulted, including several of his lectures and interviews captured on YouTube. Aleksandar Hemon, The Book of My Lives (Picador 2013). A deserving finalist for the National Book Critics Circle Award for Non-Fiction, this book is a memoir in essays about Sasha’s movement from his boyhood in Bosnia to Chicago, from which he watched at a distance as the world he grew up in was savaged. -
A Historical Perspective on Political Correctness
mrp.ase.ro A HISTORICAL PERSPECTIVE ON POLITICAL CORRECTNESS Ana SCALCĂU West University of Timisoara, Romania [email protected] Abstract The objective of this paper is to present some of the most relevant moments which have influenced the evolution of political correctness and to reveal the connection between these moments. The phenomenon appeared in America as an attempt to help certain categories of people which had been previously misrepresented or overlooked. In the 60’s it became part of the ideology of the American New Left, who helped it spread to the universities, inspired by cultural Marxism, German philosophy and postmodernism. Globalization has brought political correctness to Europe, but the Western countries have been more receptive to it than Eastern ones, which have experienced communism and could not help noticing the similarities. Keywords: political correctness, cultural Marxism, the Frankfurt School, nihilism, postmodernism, mini-narratives, deconstruction, freedom of speech, affirmative action, racial quotas, multiculturalism, banning words, negationism 1. INTRODUCTORY REMARKS The main objective of this paper is to present the evolution of political correctness and to describe some of the most relevant factors which have influenced its development. I have chosen to include sections on cultural Marxism, German philosophy and postmodernism in order to show the main cultural tendencies (multiculturalism, nihilism and deconstruction) which shaped the mind of the American intellectuals in the 60’s and made it possible for political correctness (the way we see it nowadays) to appear. I would like to point out the fact that the purpose of this paper is not to make an exhaustive mrp.ase.ro presentation of the Frankfurt School, German philosophy or postmodernism. -
David Greenberg
DAVID GREENBERG Professor of History Professor of Journalism & Media Studies Rutgers University, The State University of New Jersey 4 Huntington Street, New Brunswick, NJ 08901 646.504.5071 • [email protected] Education. Columbia University, New York, NY. PhD, History. 2001. MPhil, History. 1998. MA, History. 1996. Yale University, New Haven, CT. BA, History. 1990. Summa cum laude. Phi Beta Kappa. Distinction in the major. Academic Positions. Rutgers University, New Brunswick, NJ. Professor, Departments of History and Journalism & Media Studies. 2016- . Associate Professor, Departments of History and Journalism & Media Studies. 2008-2016. Assistant Professor, Department of Journalism & Media Studies. 2004-2008. Appointment to the Graduate Faculty, Department of History. 2004-2008. Affiliation with Department of Political Science. Affiliation with Department of Jewish Studies. Affiliation with Eagleton Institute of Politics. Columbia University, New York, NY. Visiting Associate Professor, Department of History, Spring 2014. Yale University, New Haven, CT. Lecturer, Department of History and Political Science. 2003-04. American Academy of Arts & Sciences, Cambridge MA. Visiting Scholar. 2002-03. Columbia University, New York, NY. Lecturer, Department of History. 2001-02. Teaching Assistant, Department of History. 1996-99. Greenberg, CV, p. 2. Other Journalism and Professional Experience. Politico Magazine. Columnist and Contributing Editor, 2015- The New Republic. Contributing Editor, 2006-2014. Moderator, “The Open University” blog, 2006-07. Acting Editor (with Peter Beinart), 1996. Managing Editor, 1994-95. Reporter-researcher, 1990-91. Slate Magazine. Contributing editor and founder of “History Lesson” column, the first regular history column by a professional historian in the mainstream media. 1998-2015. Staff editor, culture section, 1996-98. The New York Times.