Category Archives: Constitutional Law

Constitutional law news articles, reiews, notes and blog examples.

U.S.-Iran Relations – the Atlantic Council Meeting on the Anniversary of the Iranian Revolution

A few days ago, I came back from a meeting at the Atlantic Council in Washington on the 40th anniversary of the Iranian Revolution. Speakers laid out how Iranians see their own position in the world. The “terribly bloody cataclysm” of the Iran-Iraq war was crucial. Estimates vary, but the Iraqi invasion of Iran cost hundreds of thousands of lives in the 1980s.  That made clear to Iran the danger of powerful nearby states. The rise of ISIS on the ashes of Iraq made equally clear the danger of non-state actors and the danger that weakened states can’t control terrorist groups. Those are national security problems, not ideological issues. As Ariane Tabatabai put it: Iran sought to adjust its policy to balance two oft-conflicting objectives: Undermining central governments to ensure none would become strong enough to pose a threat to Iran while also striving to prevent them from collapsing and creating fertile grounds for terrorists. While Iraq was strong,….. To continue reading this legal news please click Read full information...

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Prosecutor races in Northern Virginia will mean real reform or little change

Prosecutor elections in Virginia may not be seen by enough voters to be as serious as they are. As a Virginia criminal lawyer, I know that awesome powers rest in prosecutors to decide whether to prosecute or not, agreeing to bond or not, seeking capital punishment or not, proceed with negotiations and discovery, whether to agree to a bench trial rather than jury trial, and how to proceed with sentencing. The post Prosecutor races in Northern Virginia will mean real reform or little change appeared first on Jon Katz, P.C.. Jon Katz, P.C. law firm’s website http://www.katzjustice.com The entire website is copyrighted © Jon Katz, P.C... To continue reading this legal news please click Read full information...

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Former Cardinal McCarrick Defrocked By Vatican Over Sex Abuse

In the Vatican yesterday, the Congregation for the Doctrine of the Faith issued a statement (full text) announcing that former Cardinal Theodore McCarrick has been "dismiss[ed] from the clerical state," i.e. defrocked.  McCarrick had already resigned from the College of Cardinals over allegations of past sexual misconduct. In laicizing McCarrick, the Congregation for the Doctrine of the Faith found him guilty of "solicitation in the Sacrament of Confession, and sins against the Sixth Commandment with minors and with adults, with the aggravating factor of the abuse of power." Vatican News reported on the action against McCarrick.  An analysis of the news Crux says in part:The four dioceses in the U.S. in which McCarrick served over the course of his long career – New York; Metuchen, New Jersey; Newark; and Washington, D.C., are all conducting separate investigations, a result of the fact that a request by the leadership of the U.S. bishops’….. To continue reading this legal news please click Read full information...

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Castilho on The Press and Brazilian Narratives of "Uncle Tom's Cabin" @celso_thomas

ICYMI: Celso Thomas Castilho has published The Press and Brazilian Narratives of Uncle Tom's Cabin: Slavery and the Public Sphere in Rio de Janiero, ca. 1855, at 76 The Americas 77 (2019). Here is the abstract. In March 1855, a literary newspaper in Rio de Janeiro printed the first installment of Nísia Floresta's “Páginas de uma vida obscura,” a serialized short story inspired by Harriet Beecher Stowe's Uncle Tom's Cabin (1852). Seven more chapters followed, keeping “Páginas” in the public eye for months. The Jornal do Commercio, arguably the national paper of record, mentioned the story in its announcements. Floresta (pseudonym of Dionísia Gonçalves Pinto, 1810–1885) centered her storyline on the Congo-born Domingos, the “Brazilian Tom,” who exemplified the attributes of Christian virtuosity and resignation found in Stowe's internationally famous novel. Set in the nineteenth….. To continue reading this legal news please click Read full information...

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:@WilliamBaude: The Invalidation of the PROMESA Appointments

A few thoughts on the First Circuit's separation of powers ruling on the Puerto Rico bankruptcy boardThis afternoon the First Circuit issued a very important opinion holding unconstitutional the appointments to the Financial Oversight Management Board created by the PROMESA statute, which exercises authority over Puerto Rico's bankruptcy. If this were a case of ordinary federal authority, it seems quite likely that the board members would have to be appointed by the President and subject to Senate confirmation. But the board members were not confirmed by the Senate, and subject to other appointments restrictions, so the question is whether something about Puerto Rico's legal status changes the constitutional analysis. The First Circuit frames this in several ways I find quite confusing (such as whether the Article IV Territories Clause trumps or displaces the Article II Appointments Clause), but in my view the question comes down to this: are the board members….. To continue reading this legal news please click Read full information...

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