The Great Bob Mueller Seduction

Blood is in the water: the president of the United States appears to have committed ‘obstruction of justice.’ We know this because a ‘legal dream team’ headed by a special prosecutor, a former head of the FBI, is conducting a long, expensive, and detailed investigation of all the president’s men. The nefarious activities suspected toContinue reading “The Great Bob Mueller Seduction”

Dear Men, Shut Up About ‘Due Process’ Already

From sea to shining sea, on social media pages nationwide, brave men are taking up cudgels on behalf of their brothers-in-sex-and-gender, the ones whose lives are facing ruination because of this country’s #MeToo moment, as accusation after accusation of sexual harassment and assault issue forth from women who’ve previously remained silent. In each case, theirContinue reading “Dear Men, Shut Up About ‘Due Process’ Already”

A Persistent Difficulty In Teaching Philosophy Of Law

This semester, I’m teaching Philosophy of Law–again. My syllabus, as always, is a new one, and reflects an altered orientation and focus from those of days past. The current edition is fairly simple: it kicks off with Lon Fuller‘s ‘The Case of the Speluncean Explorers,’ excerpts from H. L. A Hart‘s The Concept of Law,Continue reading “A Persistent Difficulty In Teaching Philosophy Of Law”

Nietzsche’s Inversion Of Natural Law In The Genealogy Of Morals

The radically constructive nature of legal and economic concepts emerges quite clearly in the brilliant second essay of The Genealogy of Morals. Here, Nietzsche sets out his view of how the concept of a contract creates persons, how the ethical subject is not found but made. For Nietzsche, the law, a set of human practices,Continue reading “Nietzsche’s Inversion Of Natural Law In The Genealogy Of Morals”

Proprietary Software And Our Hackable Elections

Bloomberg reports that: Russia’s cyberattack on the U.S. electoral system before Donald Trump’s election was far more widespread than has been publicly revealed, including incursions into voter databases and software systems in almost twice as many states as previously reported. In Illinois, investigators found evidence that cyber intruders tried to delete or alter voter data. The hackersContinue reading “Proprietary Software And Our Hackable Elections”

Property As Legal Construct

Property appears an abstract, transcendent, metaphysical concept from afar but on closer inspection reveals itself to be legally constructed. Like ‘person,’ property obtains its philosophical traction from a legal, economic, and social imperative to distribute resources, and thus, wealth and power.  As a canonical legal textbook puts it, the “property system” that results from aContinue reading “Property As Legal Construct”

Report On Brooklyn College Teach-In On ‘Web Surveillance And Security’

Yesterday, as part of ‘The Brooklyn College Teach-In & Workshop Series on Resistance to the Trump Agenda,’ I facilitated a teach-in on the topic of ‘web surveillance and security.’ During my session I made note of some of the technical and legal issues that are play in these domains, and how technology and law haveContinue reading “Report On Brooklyn College Teach-In On ‘Web Surveillance And Security’”

That Sneaky Cur, The Defense Lawyer

A quick quiz: When you think of phrases like ‘all lawyers are liars,’ ‘the law is an ass,’ ‘first thing we do, let’s kill all the lawyers,’ what vision of miscarriages of justice come to mind? Do you think of the innocent being deemed guilty, or do you think of the guilty getting off scot-free?Continue reading “That Sneaky Cur, The Defense Lawyer”

How Many Constitutional Amendments Are There?

The short answer: the number of times the Supreme Court has ruled on a constitutional question. Every time the Supreme Court grants certiorari, allows a case to move ‘upwards’ from state and Federal courts to its chambers, and then proceeds to rule–keeping in mind the supposedly relevant precedents, and on the basis of a coherentContinue reading “How Many Constitutional Amendments Are There?”

Machiavelli On The Unjust Republic’s Susceptibility To Treason

In Book I, Chapter VII of The Discourses on Livy, Machiavelli writes: [N]othing makes a republic so stable and strong as organizing it in such a way that the agitation of the hatreds which excite it has a means of expressing itself provided for by the laws….whenever one finds foreign forces being called in byContinue reading “Machiavelli On The Unjust Republic’s Susceptibility To Treason”