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Imperiled By Innovation

Hoover Institution, February 16, 2011 Imagine that the Gulf oil spill had taken place as a consequence of a premeditated attack, rather than an accident. The damage is the same as it was; the oil flowed in the same volume. The only difference is volition: In this dark fantasy, someone meant to do it. In […]

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Terrorism, the Military, and the Courts

Policy Review – Hoover Institution, June 1, 2007 The terrorist mastermind had slipped through their fingers before, and American forces were not about to let it happen again. At one point the previous year, they had actually arrested him, but not realizing who he was, had let him go. Unable to track him down now, they […]

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What Is “Cruel and Unusual”?

Policy Review – Hoover Institution, December 1, 2005 The eighth amendment is a jurisprudential train wreck. Its proudly humane language banning “cruel and unusual punishments” may remain among the Bill of Rights’ most famous sound bites, but nobody today has the faintest clue what it means. The reason is as simple as it is sad: […]

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Checks, Balances, and Wartime Detainees

Policy Review – Hoover Institution, April 1, 2005 The day the Supreme Court handed down what have collectively become known as the enemy combatant cases — June 28, 2004 — was both widely anticipated and widely received as a legal moment of truth for the Bush administration’s war on terrorism. The stakes could not have […]

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