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to appear on the earth but at the same time it is one of the most restrained and least dangerous however this is the direction in which the friends of democracy should constantly fix their gaze for if ever aristocracy and the permanent inequality of social conditions were to infiltrate the world once again it is predictable that this is the door by which they would enter tocqueville 648 end lecture 9 war powers march 5 2012 there are two things it will always be difficult for a democratic nation to do beginning and ending a war tocqueville 755 a lengthy war in a democratic country places freedom under threat tocqueville 755 in america conscription is unknown men are enlisted for payment compulsory recruitment is so alien to the idea and so foreign to the customs of the people of the united states that i doubt whether they would ever dare to introduce it into the law tocqueville 260 ___________________________ assignments for class 9 1 chemerinsky chapter 3 section 3 5 1 war powers pp 290 291 chapter 4 section 4 1 inherent powers pp 343 348 4 section 4 3 executive privilege p 362 section 6 3 war powers pp 381 392 including presidential power and the war on terrorism detentions military tribunals 2 tocqueville vol 2 part 3 chapter 22 why democratic nations have a natural desire for peace and why democratic armies naturally seek war pp 750 757 chapter 23 a few remarks on war in democracies pp 767 773 3 the federalist papers no 23 24 25 26 27 hamilton pp 148 173 4 the federalist papers no 69 hamilton on executive branch power pp 414 416 only and no 74 hamilton pp 445 446 in process august 5 2011 lecture 10 enhanced interrogation march 12 2012 all those who wish to destroy freedom within a democratic nation should realize that the most reliable and the most rapid means of achieving it is war tocqueville p 756 the clatter of arms drowns out the voice of the law thoreau ____________________________ assignments for class 10 1 federalist papers no 34 and no 41 hamilton cited by john yoo 1 memorandum of john c yoo for the president this memo has been withdrawn by the current administration as not reflective of law or policy of the united states the president s constitutional authority to conduct military operations against terrorists and nations supporting them the president has broad constitutional power to take military action in response to the terrorist attacks on the united states on september 11 2001 congress has acknowledged this inherent executive power in both the war powers resolution and the joint resolution passed by congress on september 14 2001 the president has constitutional power not only to retaliate against any person organization or state suspected of involvement in terrorist attacks on the united states but also against foreign states suspected of harboring or supporting such organizations the president may deploy military force preemptively against terrorist organizations or the states that harbor or support them whether or not they can be linked to the specific terrorist incidents of september 11 september 25 2001 memorandum opinion for the deputy counsel to the president by john c yoo deputy assistant attorney general office of legal counsel in process 8 7 11 lecture 11 family march 26 2012 ___________________________ assignments for class 11 marriage procreation and sexual orientation 1 meyer v nebraska 262 u s 390 1923 2 loving v virginia 388 u s 1 1967 3 goodrich v dept of pub health 790 n e 2d 941 ma 2003 4 buck v bell 274 u s 200 1927 5 skinner v oklahoma 316 u s 535 1942 6 bowers v hardwick 478 u s 186 1986 7 romer v evans 517 u s 620 1996 8 lawrence v texas 539 u s 558 2003 9 chemerinsky chapter 9 section 9 7 4 discrimination based on sexual orientation pp 807 809 10 chemerinsky chapter 10 section 10 2 the right to marry pp 818 821 and cases cited in section 10 2 1 on defense of marriage act and california s proposition 8 give special thought to whether the executive branch can refuse to defend a congressional law section 10 3 the right to procreate pp 829 833 834 section 10 4 sexual activity and orientation pp 866 868 i hold it to be an impious and detestable maxim that politically speaking the people have a right to do anything and yet i have asserted that all authority originates in the will of the majority am i then in contradiction with myself tocqueville 292 in process 8 7 11 lecture 12 the takings clause april 2 2012 thus it is that the effect of democracy is not to impose certain manners on men but in a sense to stop them having any at all tocqueville p 705 usually the love of wealth lies at the heart of americans actions tocqueville p 713 _________________________________ assignments for class 12 1 pennsylvania coal v mahon 260 u s 415 1922 2 keystone bit coal v benedictus 480 u s 470 1987 3 eastern industries v apfel 524 u s 498 1998 coal act 4 berman v parker 348 u s 26 1954 5 kelo v city of new london 125 s ct 2655 2005 economic development 6 nollan v california coastal comm 483 u s 825 1987 beach access 7 chemerinsky chapter 8 section 8 4 the takings clause p 656 what is a taking for public use pp 678 681 end august 7 2011 posted by donald vish at 6 33 pm 0 comments labels law and social policy social justice donald vish friday july 8 2011 the fall of the house of zeus reprinted from the cardinal lawyer justice bill cunningham of the kentucky supreme court takes a keen interest in legal education especially in the ethical training of law students and lawyers he writes to recommend a book the fall of the house of zeus the rise and ruin of america s most powerful trial lawyer i have just finished reading the book the fall of the house of zeus the rise and ruin of america s most powerful trial lawyer by curtis wilkie it is about the rise and fall of mega lawyer dickie scruggs of the famed asbestos tobacco katrina lawsuits the story dramatically relates how greed can transform erstwhile good people and fine people into criminals if possible i would make it required reading for every lawyer and law student in kentucky posted by jim chen at 1 26 pm 0 comments thursday june 23 2011 logan s battery dear friends logan s battery needs your help on behalf of the university of louisville its school of law and the legacy of one of uofl s all time legends i ask you to save one of our university s most beloved historic landmarks john alexander logan was one of the first law school graduates from the university of louisville he received his degree in 1851 during the civil war he served under generals william t sherman and ulysses s grant and rose to the rank of major general as commander in chief of the grand army of the republic logan called for a nationwide observance in honor of fellow soldiers who did not survive the civil war the observance then known as decoration day eventually became memorial day logan served a distinguished career in politics before the civil war he had been elected twice to the united states house of representatives from illinois after the war he served an additional three terms in the house and two terms as a united states senator he joined the 1884 republican party presidential ticket as running mate to james g blaine on may 13 1978 air force general ret russell e dougherty a 1948 law graduate of the university of louisville dedicated logan s battery a replica of a three inch parrott rifle used in the defense of louisville during the civil war this cannon has paid tribute to john alexander logan his law school alma mater and to the entire university of louisville community logan s battery desperately needs restoration i ask that you join me in designating a gift toward the restoration of logan s battery to a condition befitting this distinguished alumnus of our law school and our university once restored logan s battery will sit in a new place of honor in front of the law school and the university s oval to make a gift please visit the law school s page for gifts from friends and alumni very truly yours jim chen jim chen dean and professor of law university of louisville posted by jim chen at 3 13 pm 0 comments labels civil war university of louisville friday april 15 2011 university of louisville posted by donald vish at 5 26 pm 0 comments labels university of louisville thursday october 21 2010 the death penalty is killing itself text of remarks to the fellowship of reconciliation october 21 2010 louisville ky the death penalty is killing itself by donald vish kentucky coalition to abolish the death penalty the death penalty is too broke to fix to risky to use and too expensive to keep it is the penal equivalent of russian roulette most of the time nothing happens but every now and then somebody gets killed but we may be on the verge of a lot happening death penalty history 1957 2008 the modern history of death penalty in kentucky undermines its own credibility as a just legitimate and effective instrument of public policy since 1956 there have been thousands of murders committed in kentucky and many were eligible for a death sentence today there are 35 people on death row and four people have been executed in the last 53 years kelly moss was electrocuted against his will in 1962 harold mcqueen was electrocuted against his will in 1997 eddie lee harper decided to stop his legal appeals and requested execution by lethal injection in 1999 marco chapman dismissed his lawyers and his legal appeals and was executed by lethal injection in 2008 the modern history of the death penalty in kentucky mocks itself as a penal option that is intended to deter crime exact retribution for heinous murders and provide society with the comfort and closure that comes from knowing that justice will be done in an even handed manner how can four executions in 53 years deter anyone from doing anything what does it say to victims families friends and society at large that out of thousands of murders in 53 years only 4 were deemed sufficiently heinous to merit execution what is the citizenry to make of a system that can take up to thirty years to conclude its official deliberations what are judges law enforcement officials and citizens to make of a justice system that seems to select for execution only those murderers that share shall we say certain similar demographics and even geographics and how shall we reconcile our social and civic and legal commitment to fairness and the even handed administration of the law with the knowledge that innocent people have been sent to death row death penalty history 2009 present the attorney general requested three death warrants from the governor in november 2009 before the governor could act on the request the kentucky supreme court suspended executions in kentucky until the kentucky department of corrections published the details of the procedures it uses for execution the doc complied and new and revised procedures were back on the books by may 2010 the governor began the procedure for setting execution dates for the three men when he discovered the state had a limited supply of a key drug used in lethal injections enough for only one dose and even that supply expired in october 2010 so the governor asked his justice secretary to formulate a selection process so that at least one of the three could be executed while the others waited for fresh supplies of the lethal drug needed to complete the injection cocktail the department of corrections has said that a new supply cannot arrive before the first quarter of 2010 status of the wilson case and executions generally the death warrant authorizing wilson s execution expired at midnight september 16 2010 according to representations made by the department of corrections to the franklin circuit court a key ingredient in the lethal injection mix will not be available until the first quarter of 2011 as a result there is no current date for wilson s execution and the state lacks the chemical means to execute until the first quarter of 2011 there are also legal issues pending about the wilson case that may affect executions generally 1 the kentucky supreme court is reviewing a decision by the kenton circuit court denying wilson s request for dna testing and a determination of whether he is exempt from execution due to mental retardation if the supreme court grants wilson s request an evidentiary hearing will be scheduled in kenton circuit court it is highly improbable that the governor would seek to execute wilson before a hearing was concluded and it is highly probable that he would be enjoined if he did this ruling does not affect capital punishment generically 2 the kentucky supreme court is also reviewing a case from franklin circuit court involving the new execution procedures written by the kentucky department of corrections pursuant to a november 2009 order of the kentucky supreme court this case has the potential to impact all executions in kentucky wilson intervened in the case and the trial judge enjoined the state from executing wilson while the court was reviewing the legal adequacy of the new execution procedures in the course of enjoining the wilson execution the trial judge expressed official interest in i the lack of procedures to test for mental retardation prior to execution and ii possible legal flaws in wilson s trial where he was given no choice but to represent himself most of the time judge shepherd has established an expedited briefing schedule on these matters which concludes on october 25th the kentucky supreme court is currently reviewing legal briefs from the litigants concerning the franklin circuit court case after which it may rule that the case is moot since there is no current death warrant applicable to wilson or it might affirm the judge s ruling the effect of which would be to require the department of corrections to supplement its execution procedures to provide for mental retardation testing or it might reverse the trial judge s ruling in effect finding that the judge had no good reason to delay the wilson execution in the latter case wilson would be scheduled for execution if and when 1 the governor signs a new death warrant and 2 the state receives new supplies of the drugs needed for the lethal injection if the supreme court finds the case is moot or it agrees with judge shepherd the case would nevertheless be returned to franklin circuit court for such further hearings as the trial judge may require in order to render a final judgment on the legal adequacy of the new execution procedures facts about the death penalty as of october 2010 35 states have the death penalty 15 do not new mexico and new jersey abolished the death penalty in 2009 and 2006 1170 number of executions since resumption of executions in 1976 1999 stands as the year with the most executions 98 2009 34 2008 37 2007 42 2006 53 race of defendants w 57 b 34 h 7 race of victims w 79 b 14 race of death row inmates b 42 w 45 exonerations through 2009 in 26 states 139 since 1999 number of death sentences h...