Curious About How Statutes Are Drafted?
Posted: March 22, 2016 Filed under: Uncategorized | Tags: legislative commissioners' office, legislative drafting, statutes Leave a commentIf you are, check out this guide to the legislative drafting process in Connecticut.
The Ted Cruz Debate, Ctd.
Posted: March 22, 2016 Filed under: Uncategorized Leave a commentFurther to my previous posts on whether Ted Cruz is constitutionally eligible to serve as president, check out this interesting post at The Originalism Blog. (I must admit that posting about this issue gives me the heebie jeebies because it smacks of the foolish “birtherism” movement against Obama. However, Cruz says the U.S. Constitution should be interpreted according to its “original meaning,” and there is a non-frivolous argument that he is not qualified when the constitution is interpreted in that manner.)
UPDATE: March 28, 2016: An excellent new post on why Ted Cruz is not eligible.
Is The Senate Constitutionally Obligated To Vote On A Supreme Court Nominee?
Posted: March 17, 2016 Filed under: Appellate Law, Practice and Procedure | Tags: garland, ilya somin, supreme court Leave a commentShort answer: No.
Longer answer: See this interesting post by Ilya Somin, a respected libertarian law prof.
UPDATE (3/18/16): For some other perspectives, click here, here, here.
UPDATE (3/22/16): On the question whether “shall” means “must”, click here.
POTUS Nominates Garland To Supreme Court
Posted: March 16, 2016 Filed under: Uncategorized Leave a commentPresident Barack Obama nominated D.C. Circuit Chief Judge Merrick B. Garland, 63, to be fill the seat on the Supreme Court created by the recent death of Justice Antonin Scalia. Garland has served on the federal appeals court in Washington since 1997, after a distinguished career as a prosecutor with the Department of Justice.
Live Webstreaming Of CT Supreme Court Arguments
Posted: March 15, 2016 Filed under: Appellate Law, Uncategorized | Tags: chase t. rogers, open courts, sunshine week Leave a commentThis is Sunshine Week, the week when we remember, and celebrate, the importance of freedom of information and government transparency. It is only appropriate to note public officials who have contributed to openness and transparency. One of those public officials is Connecticut Supreme Chief Justice Chase T. Rogers. Since she assumed her role as Chief Justice, she has been a strong advocate for public access to the courts.
It’s “Sunshine Week”, So Listen To The Freedom Of Information Song!
Posted: March 15, 2016 Filed under: General Law, Uncategorized Leave a commentHey Friends,
It’s “Sunshine Week“–the week each year when we celebrate the importance of freedom of information and government transparency. In honor of this auspicious occasion, take a moment out of your day to chuckle as you listen to The FOI!, a little song I wrote in honor of the 30th anniversary of the Connecticut Freedom of Information Act!
Apple v. FBI
Posted: March 14, 2016 Filed under: General Law, Uncategorized Leave a commentIf you’re interested in learning more about the dispute between Apple and the FBI over access to encrypted iPhone information, the Electronic Information Privacy Center has a page dedicated to the case. It describes the background of the dispute and has links to the briefs, including some very insightful amicus briefs.
So many smart people have written so much on the issue that I have very little to add at this point, beyond this: The dispute is about much more than whether the government can compel Apple to provide access to a single iPhone related to a particular terrorism investigation. It is about how our society will eventually balance compelling national security/law enforcement interests against compelling societal interests in protecting the privacy of the vast digital lives that all of us carry in our cell phones these days. But, for the moment at least, I’ll just continue link to useful resources
Executive Sessions And Attorney-Client Communications
Posted: March 8, 2016 Filed under: Uncategorized 7 CommentsYesterday I had the honor of appearing before the General Assembly’s Government Administration and Elections committee to testify in opposition to a bill that would have reopened a loophole in the Freedom of Information Act that the legislature closed in 1986. The bill seeks to expand the situations under which a public agency is allowed to go into executive session. The Connecticut Council on Freedom of Information, of which I am the legislative chair, strongly opposes the bill, as does the Freedom of Information Commission and several other organizations.
If anyone wants to see proof of the old adage that the camera adds 10 lbs to a person’s weight, just watch the CT-N footage of my testimony. (It begins at 3:52:25 into the public hearing.)
Political Parties And Loyalty Oaths
Posted: March 4, 2016 Filed under: General Law, Uncategorized | Tags: denise merrill, first amendment, freedom of association, political parties 3 Comments
- Secretary of State Denise Merrill is pressing for repeal of Connecticut’s longstanding “party loyalty” law, which allows party leaders to expel a person from the party if he or she displays a lack of fidelity to the party’s core principles. She argues, with broad support, that the party loyalty law is outdated and offensive to basic democratic principles.
- Donald Trump—a
mandemagogue who shows contempt for many of the platform principles that the modern Republican party holds dear —is the leading candidate for the Republican presidential nomination. Party leaders are desperately looking for a way to prevent his nomination.
Do these two situations have anything in common? I think so. Both raise the question, “What are political parties?” Are they private, voluntary associations of people who come together based on a shared set of beliefs and who, therefore, should be able to exclude as members persons who do not demonstrate that they adhere to the same beliefs? Or are parties public organizations? A mixture of both?
Appealingly Brief! 