DOCSLIB.ORG

Here That Spirit Exists

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Here That Spirit Exists HARVARD JOURNAL of LAW & PUBLIC POLICY VOLUME 43, NUMBER 2 SPRING 2020 THE SECOND AMENDMENT IN THE NEW SUPREME COURT THE FEDERALIST SOCIETY—2019 THE SECOND AMENDMENT AND THE SPIRIT OF THE PEOPLE Renée Lettow Lerner ................................................................ 319 THE RIGHT TO BEAR ARMS: FOR ME, BUT NOT FOR THEE? Stephen P. Halbrook ................................................................ 331 THE SURPRISINGLY STRONG ORIGINALIST CASE FOR PUBLIC CARRY LAWS Jonathan E. Taylor ................................................................... 347 “ASSAULT WEAPON” BANS: UNCONSTITUTIONAL LAWS FOR A MADE-UP CATEGORY OF FIREARMS Mark W. Smith ........................................................................ 357 COMMENTS ON ASSAULT WEAPONS, THE RIGHT TO ARMS, AND THE RIGHT TO LIVE Jonathan E. Lowy ..................................................................... 375 ARTICLES ON THE BASIS OF IDENTITY: REDEFINING “SEX” IN CIVIL RIGHTS LAW AND FAULTY ACCOUNTS OF “DISCRIMINATION” Ryan T. Anderson ................................................................... 387 PROPERTY, PRIVACY, AND JUSTICE GORSUCH’S EXPANSIVE FOURTH AMENDMENT ORIGINALISM Nicholas A. Kahn-Fogel ........................................................... 425 DO PLATFORMS KILL? Michal Lavi .............................................................................. 477 NOTE THE SENATE VS. THE LAW: CHALLENGING QUALIFICATION STATUTES THROUGH SENATE CONFIRMATION Eli Nachmany .......................................................................... 575 HARVARD JOURNAL of LAW & PUBLIC POLICY Editor-in-Chief NICOLE M. BAADE Deputy Editor-in-Chief Articles Chair R.J. MCVEIGH Managing Editors JACOB THACKSTON HUGH DANILACK AARON GYDE Executive Editors Senior Articles Editors OTHON ALVES AARON HSU DAVID BENGER Deputy Managing Editors KEVIN KOLJACK ALEX CAVE MAX BLOOM RYAN MAK DOUGLAS COLBY CHASE BROWNDORF JAMES MCGLONE RICARDO CRUZAT JOHN KETCHAM JOEY MONTGOMERY JOSHUA HA STUART SLAYTON BRIAN KULP Articles Editors WHITNEY LEETS Chief Financial Officer NICK CORDOVA ANNA LUKINA DYLAN SOARES JAMIN DOWDY JOHN MITZEL AARON HENRICKS JASJAAP SIDHU Deputy Chief Financial Officer JASON MUEHLHOFF BRYAN SOHN COOPER GODFREY ALEX RIDDLE DOUG STEPHENS IV OLIVER ROBERTS MATTHEW WEINSTEIN Communications Manager JAY SCHAEFER WENTAO ZHAI JESSICA TONG Notes Editors TRUMAN WHITNEY DAVIS CAMPBELL Events Manager VINCENT WU BRIAN KULP TRUMAN WHITNEY Website Manager Social Chair MARK GILLESPIE JAY SCHAEFER Senior Editors PAYTON ALEXANDER ALEXANDER GUERIN ALEX RIDDLE AARON WARD JOHN BAILEY AARON HENRICKS OLIVER ROBERTS VINCENT WU NICK CORDOVA JOHN MORRISON JAY SCHAEFER WENTAO ZHAI JAMIN DOWDY JASON MUEHLHOFF ISAAC SOMMERS ROBERT FARMER ALEXANDRA MUSHKA JESSICA TONG Editors JOHN ACTON RYAN DUNBAR ELI NACHMANY DUNN WESTHOFF JASON ALTABET WILLIAM FLANAGAN CARSON PARKS ALEX VIVONA MATT BENDISZ CHRISTIAN HECHT HUNTER PEARL JUSTIN YIM AUGUST BRUSCHINI ROSS HILDABRAND BRYAN POELLOT ALAN CHAN ALEXANDER KHAN JACOB RICHARDS JONATHAN DEWITT KEVIN LIE ADAM SHARF Founded by E. Spencer Abraham & Steven J. Eberhard BOARD OF ADVISORS E. Spencer Abraham, Founder Steven G. Calabresi Douglas R. Cox Jennifer W. Elrod Charles Fried Douglas H. Ginsburg Orrin Hatch Jonathan R. Macey Michael W. McConnell Diarmuid F. O’Scannlain Jeremy A. Rabkin Hal S. Scott David B. Sentelle Bradley Smith Jerry E. Smith THE HARVARD JOURNAL OF LAW & PUBLIC POLICY RECEIVES NO FINANCIAL SUPPORT FROM HARVARD LAW SCHOOL OR HARVARD UNIVERSITY. IT IS FUNDED EXCLUSIVELY BY SUBSCRIPTION REVENUES AND PRIVATE CHARITABLE CONTRIBUTIONS. The Harvard Journal of Law & Public Policy is published three times annually by the Harvard Society for Law & Public Policy, Inc., Harvard Law School, Cambridge, Massachusetts 02138. ISSN 0193-4872. Nonprofit postage prepaid at Lincoln, Nebraska and at additional mailing offices. POSTMASTER: Send address changes to the Harvard Journal of Law & Public Policy, Harvard Law School, Cambridge, Massachusetts 02138. Yearly subscription rates: United States, $55.00; foreign, $75.00. Subscriptions are renewed automatically unless a request for discontinuance is received. The Journal welcomes the submission of articles and book reviews. Each manuscript should be typed double-spaced, preferably in Times New Roman 12-point typeface. Authors submit manuscripts electronically to [email protected], preferably prepared using Microsoft Word. Views expressed are those of the authors and do not necessarily reflect the views of the Society or of its officers, directors, editors, members, or staff. Unless otherwise indicated, all editors are students at the Harvard Law School. Copyright © 2020 by the Harvard Society for Law & Public Policy, Inc. PREFACE The Second Amendment of the United States Constitution states: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” In this Issue of the Harvard Journal of Law & Public Policy we have the privilege of publishing an Essay in which Professor Renée Lettow Lerner describes this right as most reflecting the spirit of a free people—the spirit of self- reliance and resistance to oppression. The Supreme Court too has recognized the importance of the right to keep and bear arms in District of Columbia v. Heller, holding that the Second Amendment protects the right to possess handguns within the home, and McDonald v. City of Chicago, applying the Second Amendment to the States. The Court however has left many questions open regarding the scope of the right. The Federalist Society hosted an event called “The Second Amendment in the New Supreme Court” in January 2019 to provide guidance on a few of these remaining questions. In addition to Professor Lerner’s Essay based on her keynote address, we have the honor of presenting four Essays from the event in this Issue. In the first two, Dr. Stephen Halbrook and Jonathan Taylor debate the question: “Does the right to bear arms include a right to carry handguns in public?” In the sec- ond two, Mark Smith and Jonathan Lowy debate the question: “Are semiautomatic rifles, aka ‘assault weapons,’ protected by the Second Amendment?” Special thanks are due to the editors from other law schools who volunteered to stay on for another issue to edit these Essays. We could not have published this event without their exceptional work. These Essays are followed by three excellent Articles on cur- rent legal issues. The first Article we present in this Issue, by Ryan T. Anderson, considers the cases Bostock v. Clayton County and R.G. & G.R. Harris Funeral Homes, Inc. v. EEOC currently pending before the Supreme Court. He argues that the Supreme Court should not redefine the word “sex” in Title VII of the Civil Rights Act to extend to discrimination on the basis of sexual orientation and transgender status. Next, Professor Nicholas Kahn-Fogel takes an in-depth look at Justice Gorsuch’s dissent Preface ii in Carpenter v. United States, analyzing his approach to Fourth Amendment searches. He argues that Justice Gorsuch’s tradi- tional property-based approach may ultimately be broad and flexible enough to implicate the same concerns as the Court’s method in Katz v. United States that Justice Gorsuch rejects. Fi- nally, Professor Michal Lavi considers the question of whether online intermediaries should bear liability for use of their plat- forms by terrorists. She argues for criminal and civil law ap- proaches which balance free speech and the harms of terrorist attacks. We are always delighted to publish one of our own. We close this Issue with a Note from Eli Nachmany who argues that laws imposing qualifications on whom the President is able to nominate to executive branch officials violate the Appointments Clause of the Constitution. He cautions against complete disre- gard of such laws, but provides factors the President and Senate should consider in deciding whether to contravene one. I am continually grateful for the hard work and dedication of the Journal editors. This Issue would not have been possible without them. In particular, Deputy Editor-in-Chief R.J. McVeigh rewrote our editing competition and provided wise counsel. Articles Chair Jacob Thackston worked tirelessly man- aging our submissions and article selection process, often on short deadlines. Hugh Danilack coordinated our outside editors on top of doing fantastic editing as a Managing Editor. Aaron Gyde, also a Managing Editor, put in countless hours of excep- tional and thoughtful editing work. Dylan Soares, our Chief Financial Officer, generously undertook the time-consuming work of managing the Journal’s business affairs. Aaron Hsu an- swered all my tricky editing questions and helped out any way he could. And Dallin Earl was always around to listen and provide encouragement. These individuals—and all those who worked on this Issue—exemplify the Journal’s excellence. Nicole M. Baade Editor-in-Chief THE FEDERALIST SOCIETY presents The Second Amendment in the New Supreme Court January 15, 2019 The staff acknowledges the assistance of the following members of the Federalist Society in preparing this event for publication: National Editor Hugh Danilack Harvard Law School Executive Editors Isabel Redleaf Cole Wintheiser University of Pennsylvania University of Pennsylvania Carey Law School Carey Law School Michael R. Wajda Timothy J. Whittle Duke University School of Law University of Virginia School of Law General Editors Jacob M. Abrahamson Stacy Hanson University
Load more

Recommended publications
  • Federal Sentencing Reform Jon O
    Maurice A. Deane School of Law at Hofstra University Scholarly Commons at Hofstra Law Howard and Iris Kaplan Memorial Lecture Lectures 4-23-2003 Federal Sentencing Reform Jon O. Newman Senior Judge for the United States Court of Appeals for the Second Circuit Follow this and additional works at: http://scholarlycommons.law.hofstra.edu/lectures_kaplan Part of the Criminal Law Commons Recommended Citation Newman, Jon O., "Federal Sentencing Reform" (2003). Howard and Iris Kaplan Memorial Lecture. 19. http://scholarlycommons.law.hofstra.edu/lectures_kaplan/19 This Lecture is brought to you for free and open access by the Lectures at Scholarly Commons at Hofstra Law. It has been accepted for inclusion in Howard and Iris Kaplan Memorial Lecture by an authorized administrator of Scholarly Commons at Hofstra Law. For more information, please contact [email protected]. HOFSTRA UNNERSITY 5ci-rOOLOF lAW 2002-2003 Howard and Iris Kaplan Memorial Lecture Series The Honorable Jon 0. Newman Senior Judge, Un ited States Co urt of Appeals for the Second Circuit JON 0 . NEWMAN j on 0. Newman is a Senior Judge of the United States Court of Appeals for th e Second Circuit (Connecticut, New York and Vennont.), on which he has served since june 1979. He was Chief judge of the Second Circuit from july 1993 to June 1997, and he served as a United States District judge for the Distri ct of Connecti cut from j anuary 1972 until his appointment to th e Court of Appeals. judge Newman graduated from Princeton University in 1953 and from Yale Law School in 1956.
    [Show full text]
  • 1 CURRICULUM VITAE Alex Stein Justice of the Supreme Court of Israel E-Mail: [email protected] [email protected]
    CURRICULUM VITAE Alex Stein Justice of the Supreme Court of Israel E-mail: [email protected] [email protected] Website: www.professoralexstein.com PERMANENT APPOINTMENTS As of August 9, 2018 – Justice of the Israel Supreme Court 2016-2018 Professor of Law, Brooklyn Law School Teaching as of Spring 2017: Torts Evidence Medical Malpractice Chair of the Lateral Appointments Committee 2017-18 2004-2016 Professor of Law, Benjamin N. Cardozo School of Law Teaching: Torts Evidence Medical Malpractice Constitutional Criminal Evidence Chair of the Academic Standards Committee: 2005-06 Chair of the Appointments Committee: 2007-08 Chair of the Steering Committee for Promotion and Tenure: 2009-10 1 Chair of the Faculty Development Committee: 2010-11 Member of the Appointments Committee: 2012-13 Member of the Faculty Development Committee: 2013-14 Member of the Appointments Committee: 2013-14 Member of the Steering Committee for Promotion and Tenure: 2015-16 1991-2004 Sylvan M. Cohen Professor of Law, Faculty of Law, Hebrew University of Jerusalem Taught: Evidence Civil Procedure Criminal Procedure Received the Igal Alon Prize for Outstanding Junior Scholars in 1992 Vice-Dean in 1998-99 1989-1991 Lecturer in Law, Brunel University, Uxbridge, England Taught: Evidence Criminal Law VISITING PROFESSORSHIPS Spring 2021 Visiting Professor of Law, Brooklyn Law School Teaching: Law & Economics Fall 2016 Visiting Professor of Law, Harvard Law School Teaching: Torts Medical Malpractice Fall 2016 Visiting Professor of Law, Alabama Law School (short visit) Teaching: Advanced Torts: Trying a Medical Malpractice Case Fall 2014 Joseph F. Cunningham Visiting Professor of Commercial and Insurance Law, Columbia Law School Taught: Torts 2008-2009 George W.
    [Show full text]
  • Brooklyn Law Notes| the MAGAZINE of BROOKLYN LAW SCHOOL SPRING 2018
    Brooklyn Law Notes| THE MAGAZINE OF BROOKLYN LAW SCHOOL SPRING 2018 Big Deals Graduates at the forefront of the booming M&A business SUPPORT THE ANNUAL FUND YOUR CONTRIBUTIONS HELP US • Strengthen scholarships and financial aid programs • Support student organizations • Expand our faculty and support their nationally recognized scholarship • Maintain our facilities • Plan for the future of the Law School Support the Annual Fund by making a gift TODAY Visit brooklaw.edu/give or call Kamille James at 718-780-7505 Dean’s Message Preparing the Next Generation of Lawyers ROSPECTIVE STUDENTS OFTEN ask about could potentially the best subject areas to focus on to prepare for qualify you for law school. My answer is that it matters less what several careers.” you study than how you study. To be successful, it Boyd is right. We is useful to study something that you love and dig made this modest Pdeep in a field that best fits your interests and talents. Abraham change in our own Lincoln, perhaps America’s most famous and respected lawyer, admissions process advised aspiring lawyers: “If you are resolutely determined to encourage to make a lawyer of yourself, the thing is more than half done highly qualified students from diverse academic and work already…. Get the books, and read and study them till you backgrounds to apply and pursue a law degree. Our Law understand them in their principal features; and that is the School long has attracted students who come to us with deep main thing.” experience and study in myriad fields. Currently, more than Today, with so much information and knowledge available 60 percent of our applicants have one to five years of work in cyberspace, Lincoln’s advice is more relevant than ever.
    [Show full text]
  • Israeli Violations' Activities in the Opt 19 November 2018
    Israeli Violations' Activities in the oPt 19 November 2018 The daily report highlights the violations behind Israeli home demolitions and demolition threats The Violations are based on in the occupied Palestinian territory, the reports provided by field workers confiscation and razing of lands, the uprooting and\or news sources. and destruction of fruit trees, the expansion of The text is not quoted directly settlements and erection of outposts, the brutality from the sources but is edited for of the Israeli Occupation Army, the Israeli settlers clarity. violence against Palestinian civilians and properties, the erection of checkpoints, the The daily report does not construction of the Israeli segregation wall and necessarily reflect ARIJ’s opinion. the issuance of military orders for the various Israeli purposes. Brutality of the Israeli Occupation Army • The Israeli Occupation Army (IOA) invaded the al-Mazra’a al- Gharbiyya village, northwest of Ramallah, before detaining Bassel Ladawda, and the head of Birzeit University Students’ Council, Yahia Rabea’. (IMEMC 19 November 2018) • The Israeli Occupation Army (IOA) invaded Deir Abu Mash’al, and fired many live rounds, rubber-coated steel bullets, gas bombs and 1 concussion grenades, at local youngsters who protested the invasion. The IOA searched homes in Deir Abu Mash’al village, west of Ramallah, and detained Omar Mahmoud Rabea’. The IOA fired live rounds at a Palestinian car in the village, wounding four residents including one who suffered a serious injury. (IMEMC 19 November 2018) Israeli Arrests • In Nablus, the Israeli Occupation Army (IOA) detained Ezzeddin Marshoud, Mahmoud Faisal Qawareeq, Anas Eshteyya and Nasr Shreim.
    [Show full text]
  • TIME Cover Depicts the Disturbing Plight of Afghan Women -- Printout -- TIME 5/19/11 2:23 PM
    TIME Cover Depicts the Disturbing Plight of Afghan Women -- Printout -- TIME 5/19/11 2:23 PM Back to Article Click to Print Thursday, Jul. 29, 2010 The Plight of Afghan Women: A Disturbing Picture By Richard Stengel, Managing Editor Our cover image this week is powerful, shocking and disturbing. It is a portrait of Aisha, a shy 18- year-old Afghan woman who was sentenced by a Taliban commander to have her nose and ears cut off for fleeing her abusive in-laws. Aisha posed for the picture and says she wants the world to see the effect a Taliban resurgence would have on the women of Afghanistan, many of whom have flourished in the past few years. Her picture is accompanied by a powerful story by our own Aryn Baker on how Afghan women have embraced the freedoms that have come from the defeat of the Taliban — and how they fear a Taliban revival. (See pictures of Afghan women and the return of the Taliban.) I thought long and hard about whether to put this image on the cover of TIME. First, I wanted to make sure of Aisha's safety and that she understood what it would mean to be on the cover. She knows that she will become a symbol of the price Afghan women have had to pay for the repressive ideology of the Taliban. We also confirmed that she is in a secret location protected by armed guards and sponsored by the NGO Women for Afghan Women. Aisha will head to the U.S.
    [Show full text]
  • BTC Catalog 172.Pdf
    Between the Covers Rare Books, Inc. ~ Catalog 172 ~ First Books & Before 112 Nicholson Rd., Gloucester City NJ 08030 ~ (856) 456-8008 ~ [email protected] Terms of Sale: Images are not to scale. All books are returnable within ten days if returned in the same condition as sent. Books may be reserved by telephone, fax, or email. All items subject to prior sale. Payment should accompany order if you are unknown to us. Customers known to us will be invoiced with payment due in 30 days. Payment schedule may be adjusted for larger purchases. Institutions will be billed to meet their requirements. We accept checks, VISA, MASTERCARD, AMERICAN EXPRESS, DISCOVER, and PayPal. Gift certificates available. Domestic orders from this catalog will be shipped gratis via UPS Ground or USPS Priority Mail; expedited and overseas orders will be sent at cost. All items insured. NJ residents please add 7% sales tax. Member ABAA, ILAB. Artwork by Tom Bloom. © 2011 Between the Covers Rare Books, Inc. www.betweenthecovers.com After 171 catalogs, we’ve finally gotten around to a staple of the same). This is not one of them, nor does it pretend to be. bookselling industry, the “First Books” catalog. But we decided to give Rather, it is an assemblage of current inventory with an eye toward it a new twist... examining the question, “Where does an author’s career begin?” In the The collecting sub-genre of authors’ first books, a time-honored following pages we have tried to juxtapose first books with more obscure tradition, is complicated by taxonomic problems – what constitutes an (and usually very inexpensive), pre-first book material.
    [Show full text]
  • BBC Music Booklet Celebrating 80 Years of Music.Pdf
    Celebrating Years of Music A Serenade to Music “We are the music-makers And we are the dreamers of dreams…” (Arthur William Edgar O’Shaughnessy, Ode) The story of BBC Northern Ireland’s involvement in nurturing and broadcasting local musical talent is still in the making. This exhibition provides a revealing glimpse of work in progress at the BBC’s Community Archive in documenting the programmes and personalities who have brought music in all its different forms to life, and looks at how today’s broadcasters are responding to the musical styles and opportunities of a new century. It celebrates BBC NI’s role in supporting musical diversity and creative excellence and reflects changes in fashion, technology and society across 80 years of local broadcasting. “ Let us celebrate the way we were and the way we live now. Much has been achieved since 2BE’s first faltering (and scarcely heard) musical broadcast in 1924. Innovation has Let us celebrate the ways we will be... been a defining feature of every decade from early radio concerts in regional towns and country halls to the pioneering work of Sean O’Boyle in recording traditional music and Sam Hanna Bell’s 1950s programmes of Belfast’s Let us count the ways to celebrate. street songs.The broadcasts of the BBC Wireless Orchestra and its successors find their contemporary echo in the world-class performances of the Ulster Orchestra and BBC NI’s radio and television schedules continue to Let us celebrate.” reverberate to the diverse sounds of local jazz, traditional and country music, religious services, brass bands, choirs, (Roger McGough - Poems of Celebration) contemporary rock, pop and dance music.
    [Show full text]
  • ~I~ E NATION Bowling Together Civic Engagement in America Isn't Disappearing but Reinventing Itself
    Date Printed: 06/16/2009 JTS Box Number: IFES 78 Tab Number: 124 Document Title: Bowling Together Document Date: July 22 19 Document Country: United States -- General Document Language: English IFES ID: CE02866 ~I~ E NATION Bowling Together Civic engagement in America isn't disappearing but reinventing itself By RICHARD STENGEL ishing. In Colorado, volunteers for Big Brothers and Sisters are at an all-time high. PTA participation, as of 1993, was on the rise, from OLL OVER, ALEXIS Of:: TOCQUEVILLE. THE OFf MENTIONED 70% of parents with children participating to 81%. According to (but less frequently read) 19th century French scribe is be­ Gallup polling, attendance at school-board meetings is also up. ing invoked by every dime-store scholar and public figure from 16% oflocal residents in 1969 to 39% in 1995. In a TIMF/CNN Rthese days to bemoan the passing of what the Frenchman de­ poll last week of 1,010 Americans, 77% said they wish they could I scribed as one of America's distinctive virtues: civic participation. have more contact with other members of their community. Thir­ I "Americans of all ages, all conditions and all dispositions," he fa­ ty-six percent said they already take part in volunteer organiza­ mously wrote, "constantly form associations," In France, Tocque­ tions. In low-income areas, says Bob Woodson, president of Wash­ ville observed, a social movement is instigated bytbe government, ington's National Center for Neighborhood Enterprises, during I in England by the nobility, but in America by an association. the past decade there has been a tremendous upsurge in the num­ Tocqueville and small d democrats from Ben Franklin (who start­ ber of people who want to help out in their own communities.
    [Show full text]
  • The Federalist Society for Law and Public Policy Studies 2009 Annual Report
    The Federalist Society for Law and Public Policy Studies 2009 Annual Report “The Courts must declare the sense of the law; and if they should be disposed to exercise will instead of JUDGMENT, the consequences would be the substitution of their pleasure for that of the legislative body.” The Federalist 78 THE FEDERALIST SOCIETY aw schools and the legal profession are currently strongly dominated by a L form of orthodox liberal ideology which advocates a centralized and uniform society. While some members of the academic community have dissented from these views, by and large they are taught simultaneously with (and indeed as if they were) the law. The Federalist Society for Law and Public Policy Studies is a group of conservatives and libertarians interested in the current state of the legal order. It is founded on the principles that the state exists to preserve freedom, that the separation of governmental powers is central to our Constitution, and that it is emphatically the province and duty of the judiciary to say what the law is, not what it should be. The Society seeks both to promote an awareness of these principles and to further their application through its activities. This entails reordering priorities within the legal system to place a premium on individual liberty, traditional values, and the rule of law. It also requires restoring the recognition of the importance of these norms among lawyers, judges, law students and professors. In working to achieve these goals, the Society has created a conservative intellectual network that extends to all levels of the legal community.
    [Show full text]
  • The Judiciary and the Academy: a Fraught Relationship
    THE JUDICIARY AND THE ACADEMY: A FRAUGHT RELATIONSHIP RICHARD A. POSNER* I have been a federal court of appeals judge since 1981, and before that I had been a full-time law professor since 1968. And since becoming a judge I have continued to teach part time and do academic research and writing. The United States is unusual if not quite unique in the porousness of the membranes that separate the different branches of the legal profession. The judiciary both federal and state is a lateral-entry institution rather than a conventional civil service; and unlike the British system (though that system is loosening up and becoming more like the U.S. system), in which the judges are drawn from a narrow, homogeneous slice of the legal profession – namely, senior barristers – American judges are drawn from all the different branches of the profession, including the academic. Among appellate judges who came to the bench from academia are Oliver Wendell Holmes (although he had joined the Harvard Law School faculty only months before being appointed to the Supreme Judicial Court of Massachusetts, he had been doing academic writing for many years), Harlan Fiske Stone, William O. Douglas, Felix Frankfurter, Antonin Scalia, Ruth Ginsburg, and Stephen Breyer (U.S. Supreme Court); Calvert Magruder, Charles Clark, Jerome Frank, Joseph Sneed, Harry Edwards, Robert Bork, Ralph Winter, Frank Easterbrook, Stephen Williams, J. Harvie Wilkinson, John Noonan, Douglas Ginsburg, S. Jay Plager, Kenneth Ripple, Guido Calabresi, Michael McConnell, William Fletcher, and Diane Wood (U.S. courts of appeals); and Roger Traynor, Hans Linde, Benjamin Kaplan, Robert Braucher, Ellen Peters, and Charles Fried (state supreme courts).
    [Show full text]
  • Digital Culture and Documentary Media After 9/11
    3 Networked Audiences MoveOn.org and Brave New Films Revolution doesn’t happen when society adopts new technology, it happens when society adopts new behaviors. —Clay Shirky, “Here Comes Everybody” On December 4, 2016, a man carrying an AR-15 stormed into Comet Ping Pong, a pizzeria in Washington, D.C., and demanded to see evidence of the child sex- trafficking operation that he believed was headquartered in the basement. Over the preceding months, stories had been circulating on InfoWars and various other right-wing news websites about the alleged conspiracy and its connections deep within the Democratic Party. Several mainstream news organizations including the New York Times and the BBC had covered and debunked the story, but promi- nent Republicans in the Trump transition team continued to fuel speculation on Twitter, and the man had the impression that “something nefarious was happen- ing.”1 Though no one was injured, “Pizzagate” set off an immediate series of alarm bells about the power of fake news to mislead people, and the role of social media in accelerating its spread. Alongside the growing awareness that similar “news” sources might have helped Trump win the election (a topic addressed more fully in chapter 6), the incident seemed symptomatic of a much wider ailment within the media and the public. But long before the 2016 election, before Hillary Clinton was a candidate for office or Facebook a website, independent sources on the left were decrying what they described as right-wing media manipulation. The culprit was the cable network Fox News, and its accusers were MoveOn.org and Brave New Films, a pair of progressive grassroots media organizations working to con- nect and galvanize members of the left.
    [Show full text]
  • WDP-58 Public Disclosure Authorized
    WDP-58 Public Disclosure Authorized WorldBank Discussion Papers Making the Poor Public Disclosure Authorized Creditworthy A Case Study of the Integrated Rural Development Program in India Public Disclosure Authorized Robert V Pulley Public Disclosure Authorized RECENTWORLD BANK DISCUSSIONPAPERS No. 1. PublicEnterprises in Sub-SaharanAfrica. John R. Nellis No. 2. RaisingSchool Quality in DevelopingCountries: What InvestmentsBoost Learning? Bruce Fuller No. 3. A Systemfor Evaluatingthe Performanceof Government-InvestedEnterprises in the Republicof Korea. YoungC. Park No. 4. CountryCommitment to DevelopmentProjects. Richard Heaver and ArturoIsrael No. 5. PublicExpenditure in LatinAmerica: Effectson Poverty.Guy P. Pfeffermann No. 6. CommunityParticipation in DevelopmentProjects: The WorldBank Experience.Samuel Paul No. 7. InternationalFinancial Flows to Brazilsince the Late 1960s: An Analysisof Debt Expansion and PaymentsProblems. Paulo Nogueira Batista, Jr. No. 8. MacroeconomicPolicies, Debt Accumulation,and Adjustmentin Brazil,1965-84. Celso L. Martone No. 9. The Safe MotherhoodInitiative: Proposals for Action. BarbaraHerz and AnthonyR. Measham LAlsoavailable in Frencht9F) and Spanish(9S) No. 10. ImprovingUrban Employment and LaborProductivity. Friedrich Kahnert No. 11. Divestiturein DevelopingCountries. Elliot Berg and Mary M. Shirley No. 12. EconomicGrowth and the Returnsto Investment.Dennis Anderson No. 13. InstitutionalDevelopment and TechnicalAssistance in MacroeconomicPolicy Formulation: A Case Studyof Togo. Sven B. Kjellstromand
    [Show full text]