Benj. Cardozo Prof. @StJohnsLaw. Robert H. Jackson biographer. Const'l Law, Crim Pro, Legal History, Nuremberg, SCOTUS. Iran-Contra & DOJ alum. WI. #JacksonList
New York, USA
Joined August 2009
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It’s silly to say that Lincoln was an even greater president than FDR was (or vice versa)—the top three, because of events in their times and how they presided, are a top three tie.
But it’s very right to say the national government in the next four years will need to be *great.
"We’re a week out, and things look good. In fact they’re looking a bit better every day...Insofar as one can read the entrails of the early vote—more than 30m Americans have voted—they seem to confirm the polls, which continue to signal a big blue wave."
thebulwark.com/p/wave-goodby…
John Q. Barrett retweeted
For over three years, I’ve been talking to Michael Walzer, the foremost philosopher of war, about the wars in the Ukraine and Gaza —and what they have done to his theory. My profile is out today in The New Yorker:
newyorker.com/culture/person…
If one wants to speculate, how about the huge predicate question that this skips over?:
If Gore is president, does the U.S. have better national security, intelligence, and law enforcement functioning that prevent 9-11?
There’s no way, most sadly, to know.
But maybe.
.@DanaBashCNN on the ripple effects of an election: "Without George W. Bush...who knows what would have happened after 9/11...it's hard to imagine [Gore] taking it into Iraq...Without Iraq, hard to imagine we get Barack Obama. Without Barack Obama, hard to imagine we get Donald Trump."
Read Robert Rubin’s very commendable effort to wake people up to the *major* threats to U.S. law, government, economy, and world position that could be imminent, if Pres. Trump seeks to thwart fair elections.
Robert Rubin: Many Americans continue to underestimate one particular potential threat to our economic future: President Trump’s clearly expressed desire to interfere with and even usurp the midterm elections. Nov. 3 could be a defining test for the rule of law in this country, and both our democracy and our prosperity are on the line.
nytimes.com/2026/10/21/opini…
Some people try to grow and use their power to “get” other people just for being one of “them.” That’s prejudice, not rational, individualized, fact-based predication. Don’t be such a person.
Yes, this was @KatieZacharia attempted dunking on someone for not being an attorney.
This reads like Pepperdine was embarrassed and thought about not issuing a press release at all. It covered itself on the dubious factual statements about Katie Zacaharia’s career since law school by quoting her LinkedIn profile.
Resume lies are “Don’t Hire” flags.
@pepperdine
Join us tomorrow evening at 1800 in Manhattan at Hughes Hubbard & Reed, LLP, or online, for my Charles Evans Hughes Memorial Lecture.
nycla.org/course/59th-charle…
David French wisdom, on not one Cornell fraternity “brother” doing fully the obvious right thing: care.
Related:
How many American high schools teach My Lai, & specifically Hugh Thompson?
@DavidAFrench
nytimes.com/2026/10/11/opini… via @NYTOpinion
A shameful, very low day for the United States
The International Criminal Court embodies rule of law values that have defined the U.S. since 1776. That includes the proud U.S. 1945 role in creating the ICC’s ancestor, the Nuremberg international tribunal.
The ICC strongly rejects US sanctions against the institution:
🎥 Video Statement by the President of the #ICC, Tomoko Akane
Learn more ➡️ icc-cpi.pulse.ly/kyrbe2l43a
These are Dec. 2024 views of October 7, 2023, Hamas crimes in the Nir Oz kibbutz in Israel -- horrific and indefensible, all of it.
Some have equated the U.S. Constitution with “wisdom.” Others have equated the Constitution with “truth, beauty and the good life.”
In a 1958 letter, @UChicagoLaw professor Philip B. Kurland commented that these claims lack objective content: “I find neither of these suggestions one which would afford any criteria [for interpreting the Constitution] other than subjective ones.”
It’s not too late to come back to stating publicly what you know to be right about Pres. Trump’s unfitness, @SenMikeLee (et al.).
10 years ago today
GOP Sen. Mike Lee: “If anyone spoke to my wife, or my daughter, or my mother, or any of my five sisters, the way Mr. Trump has spoken to women, I wouldn’t hire that person, wouldn’t want to be associated with that person, and I certainly don’t think I’d be comfortable hiring that person to be the leader of the free world.”
This ad for a right-wing law school dean says “You must be a Constitutionalist.” That’s a self-applauding bumper sticker, not an objective, meaningful concept.
Who will be dean of UATX Law? The search has begun.
Search committee: Judge James C. Ho, Judge Andrew S. Oldham, Judge Amul R. Thapar, and co-chairs Claire Brickman and Adam Biggs.
Applications reviewed beginning October 20. Know the right person? Send this to them.
Apply here: jobs.lever.co/uaustin/540fe3…
Serious moral opportunity for any of the Cornell accused:
Choose to cooperate with law enforcement and tell the truth.
I hope that families, others who are closest, and lawyers are discussing this fully with them and giving good advice.
@Cornell