Twitter and the #So-Calledjudge
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Volume 59, Issue 1
Volume 60, Issue 4 Page 1023 Stanford Law Review THE SURPRISINGLY STRONGER CASE FOR THE LEGALITY OF THE NSA SURVEILLANCE PROGRAM: THE FDR PRECEDENT Neal Katyal & Richard Caplan © 2008 by the Board of Trustees of the Leland Stanford Junior University, from the Stanford Law Review at 60 STAN. L. REV. 1023 (2008). For information visit http://lawreview.stanford.edu. THE SURPRISINGLY STRONGER CASE FOR THE LEGALITY OF THE NSA SURVEILLANCE PROGRAM: THE FDR PRECEDENT Neal Katyal* and Richard Caplan** INTRODUCTION.....................................................................................................1024 I. THE NSA CONTROVERSY .................................................................................1029 A. The Foreign Intelligence Surveillance Act................................................1029 B. The NSA Program .....................................................................................1032 II. THE PRECURSOR TO THE FDR PRECEDENT: NARDONE I AND II........................1035 A. The 1934 Communications Act .................................................................1035 B. FDR’s Thirst for Intelligence ....................................................................1037 C. Nardone I...................................................................................................1041 D. Nardone II .................................................................................................1045 III. FDR’S DEFIANCE OF CONGRESS AND THE SUPREME COURT..........................1047 A. Attorney General -
The Tea Party and the Muslim Brotherhood: Who They Are and How American News Media Gets It Wrong
Jeremy Abrams The Tea Party and the Muslim Brotherhood: Who they are and How American News Media Gets it Wrong Jeremy Abrams 1 Table of Content I. Introduction ........................................................................................................................................................ 2 II. Defining Political Parties and their Role in Democracies ................................................................. 2 A. Generally ......................................................................................................................................................... 2 B. Structurally .................................................................................................................................................... 3 C. How the Tea Party and the Muslim Brotherhood Fit the Mold ................................................. 4 III. Brief Descriptions of the Tea Party and the Muslim Brotherhood ............................................. 4 A. The Tea Party ................................................................................................................................................ 5 1. History ......................................................................................................................................................... 5 2. The System in Which it Operates ..................................................................................................... 9 3. Official Status ........................................................................................................................................ -
JD(NY)-04-20 New York, NY UNITED STATES of AMERICA BEFORE the NATIONAL LABOR RELATIONS BOARD DIVISION of JUDGES FDRLST MEDIA, LL
JD(NY)-04-20 New York, NY UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD DIVISION OF JUDGES FDRLST MEDIA, LLC, and Case 02‒CA‒243109 JOEL FLEMING, An Individual Jamie Rucker, Esq., for the General Counsel. Aditya Dynar, Esq., Kara Rollins, Esq., and Jared McClain, Esq., for the Respondent. DECISION STATEMENT OF THE CASE KENNETH W. CHU, Administrative Law Judge. This case was tried in New York, New York on February 10, 2020. Joel Fleming, an individual filed the charge on June 7, 2019. Region 2 of the National Labor Relations Board (NLRB) issued the complaint on September 11, 2019.1 The complaint alleges that FDRLST Media, LLC (Respondent) violated Section 8(a)(1) of the National Labor Relations Act (Act) when its Executive Officer, Ben Domenech, who serves as the publisher of the Respondent’s website, The Federalist, issued a public “Tweet” on June 6, 2019 that had threatened employees with the comment, “FYI@fdrlst first one of you tries to unionize I swear I’ll send you back to the salt mine” (GC Exh. 1(c)).2 The Respondent provided a timely answer denying the material allegations in the complaint (GC Exh. 1(e)). On the entire record and after consideration of the posthearing briefs filed by the General Counsel and the Respondent, I make the following3 FINDINGS OF FACT I. JURISDICTION The Respondent is engaged in the publication of websites, electronic newsletters and satellite radio shows. The Respondent admits it is a Delaware corporation, with an office at 611 1 All dates are 2019 unless otherwise indicated. -
Chapter 6: Federalists and Republicans, 1789-1816
Federalists and Republicans 1789–1816 Why It Matters In the first government under the Constitution, important new institutions included the cabinet, a system of federal courts, and a national bank. Political parties gradually developed from the different views of citizens in the Northeast, West, and South. The new government faced special challenges in foreign affairs, including the War of 1812 with Great Britain. The Impact Today During this period, fundamental policies of American government came into being. • Politicians set important precedents for the national government and for relations between the federal and state governments. For example, the idea of a presidential cabinet originated with George Washington and has been followed by every president since that time • President Washington’s caution against foreign involvement powerfully influenced American foreign policy. The American Vision Video The Chapter 6 video, “The Battle of New Orleans,” focuses on this important event of the War of 1812. 1804 • Lewis and Clark begin to explore and map 1798 Louisiana Territory 1789 • Alien and Sedition • Washington Acts introduced 1803 elected • Louisiana Purchase doubles president ▲ 1794 size of the nation Washington • Jay’s Treaty signed J. Adams Jefferson 1789–1797 ▲ 1797–1801 ▲ 1801–1809 ▲ ▲ 1790 1797 1804 ▼ ▼ ▼ ▼ 1793 1794 1805 • Louis XVI guillotined • Polish rebellion • British navy wins during French suppressed by Battle of Trafalgar Revolution Russians 1800 • Beethoven’s Symphony no. 1 written 208 Painter and President by J.L.G. Ferris 1812 • United States declares 1807 1811 war on Britain • Embargo Act blocks • Battle of Tippecanoe American trade with fought against Tecumseh 1814 Britain and France and his confederacy • Hartford Convention meets HISTORY Madison • Treaty of Ghent signed ▲ 1809–1817 ▲ ▲ ▲ Chapter Overview Visit the American Vision 1811 1818 Web site at tav.glencoe.com and click on Chapter ▼ ▼ ▼ Overviews—Chapter 6 to 1808 preview chapter information. -
Intelligence Legalism and the National Security Agency's Civil Liberties
112 Harvard National Security Journal / Vol. 6 ARTICLE Intelligence Legalism and the National Security Agency’s Civil Liberties Gap __________________________ Margo Schlanger* * Henry M. Butzel Professor of Law, University of Michigan. I have greatly benefited from conversations with John DeLong, Mort Halperin, Alex Joel, David Kris, Marty Lederman, Nancy Libin, Rick Perlstein, Becky Richards, and several officials who prefer not to be named, all of whom generously spent time with me, discussing the issues in this article, and many of whom also helped again after reading the piece in draft. I would also like to extend thanks to Sam Bagenstos, Rick Lempert, Daphna Renan, Alex Rossmiller, Adrian Vermeule, Steve Vladeck, Marcy Wheeler, Shirin Sinnar and other participants in the 7th Annual National Security Law Workshop, participants at the University of Iowa law faculty workshop, and my colleagues at the University of Michigan Legal Theory Workshop and governance group lunch, who offered me extremely helpful feedback. Jennifer Gitter and Lauren Dayton provided able research assistance. All errors are, of course, my responsibility. Copyright © 2015 by the Presidents and Fellows of Harvard College and Margo Schlanger. 2015 / Intelligence Legalism and the NSA’s Civil Liberties Gaps 113 Abstract Since June 2013, we have seen unprecedented security breaches and disclosures relating to American electronic surveillance. The nearly daily drip, and occasional gush, of once-secret policy and operational information makes it possible to analyze and understand National Security Agency activities, including the organizations and processes inside and outside the NSA that are supposed to safeguard American’s civil liberties as the agency goes about its intelligence gathering business. -
Law Firms (* Indicates High Honor Roll) Aceves & Associates, PLLC
Law Firms (* indicates High Honor Roll) Aceves & Associates, PLLC Joyce Aceves-Amaya * Akin Gump Strauss Hauer & Feld LLP Kenneth Alderfer * Kimberly Ball * Sarah Banco Stephanie Bazell Allison Binney * G. Scott Binnings * Michael Bonsignore * Katie Brossy * Paul Butler Mary Elizabeth Cameron Chip Cannon Blair Cantfil * John Capehart * Courtney Cardin * Johny Chaklader * Sean Conway * Catherine Creely * Elizabeth Cyr Christian Davis Joseph Decker * Ruthanne Deutsch * John Dowd * Eugene Elder * Ashraf Fawzy Charles Franklin * Francine Friedman * Laura Geyer * Diana Gillis Jonathan Goodrich * Gregory Granitto * Daniel Graver Juliet Gray * Karen Green Megan Greer * Spencer Griffith * Paul Gutermann Sandra Hallmark * Matthew Hamm Brittani Head * Scott Heimberg Michael-Corey Hinton * Kristen Howard Robert Huffman Maka Hutson * Sakisha Jackson * John Jacob Howard Jacobson * Bernd Janzen * Gola Javadi Emily Johnson * Scott Johnson * Charles Johnson * Taylor Jones Amanda Kane * Ashley Keapproth Karol Kepchar Hyongsoon Kim * John Koerner * Abigail Kohlman * Melissa Laurenza Kathleen Lawrence * William Leahy * Robert Lian Sally Liang Julia Lippman * Mark Macdougall * Suthima Malayaman * Michael Mandel * Mark Mansour * Samuel Marll Thomas McCarthy Jr. * Sheila McCorkle * Mollie McGowen Lemberg * Yujin McNamara James Meggesto * Patricia Millett * Brandon Morris * Thomas Moyer Constance O'Connor * Nathan Oleson * Joe Osborne * Kapil Pandit Jenny Patten * Carolyn Perez * Erin Peters Raphael Prober * David Quigley Jillie Richards * Michael Rossetti Sarah -
Just Two Weeks Ago, I Had the Honor of Presiding Over My Second Yale Law School Commencement
June 5, 2006 Dear Graduates and Friends: Just two weeks ago, I had the honor of presiding over my second Yale Law School commencement. The weather was perfect and the mood festive, as we graduated a spectacular class. We listened to stirring speeches from our faculty speaker, Deputy Dean Dan Kahan, and Yale’s newest Doctor of Laws, Justice Sandra Day O’Connor, a historic figure who, fittingly, both succeeded and was succeeded by graduates of our School (Justices Potter Stewart ’41 and Samuel Alito ’75). While it is too early to tell where the class of 2006 will end up, several have offers to teach or research at top law schools; others have completed or will complete joint degrees. Some will work at law firms, others will start judicial clerkships. At least one has already been invited to clerk for the U.S. Supreme Court, following the eight Yale Law graduates who clerked there in October Term 2005. Another will clerk for the International Court of Justice, joining another Yale Law graduate clerking there, as well as the Court’s new President, Rosalyn Higgins, JSD ’62, the first woman to hold that esteemed position. Seventeen current and recent graduates will begin public interest fellowships in the United States and abroad, and one has already successfully argued a case at the Second Circuit. The unique class just graduated included five students who were homeschooled; one who called for a carbon-neutral graduation; and another who days before graduation published an op-ed in the Los Angeles Times explaining why the popular television show Lost illustrates the defects of a society lacking the rule of law. -
Sovereignty in the Age of Twitter
Volume 55 Issue 4 Article 2 2010 Sovereignty in the Age of Twitter Donald L. Doernberg Follow this and additional works at: https://digitalcommons.law.villanova.edu/vlr Part of the Internet Law Commons, and the Rule of Law Commons Recommended Citation Donald L. Doernberg, Sovereignty in the Age of Twitter, 55 Vill. L. Rev. 833 (2010). Available at: https://digitalcommons.law.villanova.edu/vlr/vol55/iss4/2 This Symposia is brought to you for free and open access by Villanova University Charles Widger School of Law Digital Repository. It has been accepted for inclusion in Villanova Law Review by an authorized editor of Villanova University Charles Widger School of Law Digital Repository. Doernberg: Sovereignty in the Age of Twitter 2010] SOVEREIGNTY IN THE AGE OF TWITTER DONALD L. DOERNBERG* Secrecy begets tyranny.' [Niam et ipsa scientia potestas est.2 Power tends to corrupt; absolute power corrupts absolutely.3 I. INTRODUCTION simply to ex- to symposium participants was T amineHE "assignment" some aspect given of sovereignty. My colleagues focused their presentations on various aspects of Native American tribal sovereignty in- teracting with that asserted by the federal government and on aspects of government sovereignty, such as sovereign immunity, more generally, and I have learned a great deal from them. I decided to take a different ap- proach because I think the nature of sovereignty itself is changing. My thesis is that this is happening as a direct result of advances in technol- ogy, 4 specifically communicative technology. To a degree unimaginable even as recently as twenty-five years ago, people all over the world can communicate with each other easily, cheaply, and frequently, with the con- comitant result that people learn more about what is happening elsewhere in the world and even in their own countries. -
Latest from the Constitution Project
TCP Journal September 2011 On My Mind: Monthly Message from TCP President Virginia Sloan TCP’s fifth annual Constitution Day event is coming up, and I hope you will join The Constitution Project, Georgetown University Law Center and the Mid-Atlantic Innocence Project on September 15th to celebrate Constitution Day and to recognize three distinguished authors who will receive The Constitution Project’s annual Constitutional Commentary Award. Jim Petro, former Republican Attorney General of Ohio, and Nancy Petro, are being honored for their book, False Justice: Eight Myths that Convict the Innocent, as is Brandon Garrett, professor of law at the University of Virginia School of Law for his book Convicting the Innocent: Where Criminal Prosecutions Go Wrong. Our Constitutional Commentary Award is given annually to the author or producer of an outstanding work that has improved the quality of public discourse through insightful, articulate analysis of a constitutional issue. Following the award presentation, Jeffrey Rosen, professor of law at George Washington University School of Law and legal editor at The New Republic (who wrote a glowing review of Convicting the Innocent in The New York Times Sunday Book Review), will host a discussion with the three authors. A reception will follow. The event will take place from 3:30 to 6:30 p.m. at the Gewirz Student Center at Georgetown University School of Law. Please RSVP today as space is limited. I hope to see you there. President Obama Urged to Nominate the Remaining Individuals to Crucial Privacy and Civil Liberties Oversight Board On August 25th, TCP, along with a coalition of 18 additional organizations and individuals, sent a letter to President Obama, Secretary of Homeland Security Janet Napolitano, Attorney General Eric Holder, and Director of National Intelligence James Clapper, urging the President to nominate individuals to the remaining three positions on the Privacy and Civil Liberties Oversight Board (PCLOB) without further delay. -
National Security Leaks and the Law Hearing Committee on the Judiciary House of Representatives
NATIONAL SECURITY LEAKS AND THE LAW HEARING BEFORE THE SUBCOMMITTEE ON CRIME, TERRORISM, AND HOMELAND SECURITY OF THE COMMITTEE ON THE JUDICIARY HOUSE OF REPRESENTATIVES ONE HUNDRED TWELFTH CONGRESS SECOND SESSION JULY 11, 2012 Serial No. 112–139 Printed for the use of the Committee on the Judiciary ( Available via the World Wide Web: http://judiciary.house.gov U.S. GOVERNMENT PRINTING OFFICE 74–977 PDF WASHINGTON : 2012 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2104 Mail: Stop IDCC, Washington, DC 20402–0001 VerDate Aug 31 2005 17:36 Oct 24, 2012 Jkt 000000 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 H:\WORK\CRIME\071112\74977.000 HJUD PsN: 74977 COMMITTEE ON THE JUDICIARY LAMAR SMITH, Texas, Chairman F. JAMES SENSENBRENNER, JR., JOHN CONYERS, JR., Michigan Wisconsin HOWARD L. BERMAN, California HOWARD COBLE, North Carolina JERROLD NADLER, New York ELTON GALLEGLY, California ROBERT C. ‘‘BOBBY’’ SCOTT, Virginia BOB GOODLATTE, Virginia MELVIN L. WATT, North Carolina DANIEL E. LUNGREN, California ZOE LOFGREN, California STEVE CHABOT, Ohio SHEILA JACKSON LEE, Texas DARRELL E. ISSA, California MAXINE WATERS, California MIKE PENCE, Indiana STEVE COHEN, Tennessee J. RANDY FORBES, Virginia HENRY C. ‘‘HANK’’ JOHNSON, JR., STEVE KING, Iowa Georgia TRENT FRANKS, Arizona PEDRO R. PIERLUISI, Puerto Rico LOUIE GOHMERT, Texas MIKE QUIGLEY, Illinois JIM JORDAN, Ohio JUDY CHU, California TED POE, Texas TED DEUTCH, Florida JASON CHAFFETZ, Utah LINDA T. SA´ NCHEZ, California TIM GRIFFIN, Arkansas JARED POLIS, Colorado TOM MARINO, Pennsylvania TREY GOWDY, South Carolina DENNIS ROSS, Florida SANDY ADAMS, Florida BEN QUAYLE, Arizona MARK AMODEI, Nevada RICHARD HERTLING, Staff Director and Chief Counsel PERRY APELBAUM, Minority Staff Director and Chief Counsel SUBCOMMITTEE ON CRIME, TERRORISM, AND HOMELAND SECURITY F. -
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Tow Center for Digital Journalism CONSERVATIVE A Tow/Knight Report NEWSWORK A Report on the Values and Practices of Online Journalists on the Right Anthony Nadler, A.J. Bauer, and Magda Konieczna Funded by the John S. and James L. Knight Foundation. Table of Contents Executive Summary 3 Introduction 7 Boundaries and Tensions Within the Online Conservative News Field 15 Training, Standards, and Practices 41 Columbia Journalism School Conservative Newswork 3 Executive Summary Through much of the 20th century, the U.S. news diet was dominated by journalism outlets that professed to operate according to principles of objectivity and nonpartisan balance. Today, news outlets that openly proclaim a political perspective — conservative, progressive, centrist, or otherwise — are more central to American life than at any time since the first journalism schools opened their doors. Conservative audiences, in particular, express far less trust in mainstream news media than do their liberal counterparts. These divides have contributed to concerns of a “post-truth” age and fanned fears that members of opposing parties no longer agree on basic facts, let alone how to report and interpret the news of the day in a credible fashion. Renewed popularity and commercial viability of openly partisan media in the United States can be traced back to the rise of conservative talk radio in the late 1980s, but the expansion of partisan news outlets has accelerated most rapidly online. This expansion has coincided with debates within many digital newsrooms. Should the ideals journalists adopted in the 20th century be preserved in a digital news landscape? Or must today’s news workers forge new relationships with their publics and find alternatives to traditional notions of journalistic objectivity, fairness, and balance? Despite the centrality of these questions to digital newsrooms, little research on “innovation in journalism” or the “future of news” has explicitly addressed how digital journalists and editors in partisan news organizations are rethinking norms. -
RESPONSE Targeted Killing and Judicial Review
RESPONSE Targeted Killing and Judicial Review Stephen I. Vladeck* ABSTRACT In Drones: The Power to Kill, former Attorney General Alberto Gonzales argues for increased oversight and accountability for targeted killing operations undertaken by the U.S. Government against its own citizens. Modeled on the procedures adopted by the government for the detention of terrorism suspects after, and in light of, the Supreme Court’s decision in Hamdi v. Rumsfeld, these mechanisms would include at least some form of limited ex ante judicial review. This Response offers a detailed series of critiques of the means by which Judge Gonzales proposes to achieve increased oversight and accountability. More fundamentally, though, it argues that the buried lede of Judge Gonzales’s article is the view that U.S. courts are not categorically incompetent to review the legality of uses of military force. Thus, Judge Gonzales has penned a defense of judicial review of targeted killings that is far more robust than it might appear at first blush, because it both underscores why the target’s citizenship is irrelevant to the underlying judicial competency question and clarifies that debates over the scope and timing of such judicial review should take place on policy—rather than constitutional—terms. To that end, the Response closes by offering an alternative proposal to maximize vigorous and efficient judicial oversight of targeted killing operations. INTRODUCTION Given his controversial role in shaping and defending U.S. counterterrorism policies during his tenure as White House Counsel and Attorney General under the George W. Bush Administration,1 there is more * Professor of Law and Associate Dean for Scholarship, American University Washington College of Law.