Law - Related Tags

NCC Plays Host to Marriage-Equality Debate

June 04, 2015

Marriage equality won big in Philadelphia this week at the National Constitution Center.

Broadcast by National Public Radio, the NCC on Tuesday played host to an Intelligence Squared U.S. debate that questioned whether the Equal Protection Clause of the U.S. Constitution requires states to license same-sex marriage — just weeks before the Supreme Court is set to answer that very question.

Arguments Against Death Penalty Abolition Prevail in Great Intelligence Squared Debate

April 26, 2015

I have long been a fan of the Intelligence Squared debate series, which I often hear on my local NPR station (and which too often leads me to stay in my car longer than I had intended). I was especially excited when I learned that the series was finally going to focus on the death penalty.

The Fatal Conceit of the “Right to be Forgotten”

March 17, 2015

Intelligence Squared hosted a lively debate last week over the so-called “Right to be Forgotten” embraced by European courts—which, as tech executive Andrew McLaughlin aptly noted, would be more honestly described as a “right to force others to forget.” A primary consequence of this “right” thus far has been that citizens are entitled to demand that search engines like Google censor the results that are returned for a search on the person’s name, provided those results are “inadequate, irrelevant, or no longer relevant.” In other words, if you’re unhappy that an unflattering item—such as a news story—shows up as a prominent result for your name, you can declare it “irrelevant” even if entirely truthful and ask Google to stop showing it as a result for such searches, with ultimate recourse to the courts if the company refuses. Within two months of the ruling establishing the “right,” the company received more than 70,000 such requests.

The Right to Be Forgotten from Google? Forget It, Says U.S. Crowd

March 12, 2015

The University of Oklahoma expelled two fraternity members this week after video of them leading a racist chant went viral. Now, a Google search of the young men’s names shows the incident right at the top of the results.

But should this still be the case in 30 years? Should future employers and girlfriends be able to use Google to easily discover the video? Or would it be better for the U.S. to create a law to allow such men, one day in the future, to cloak their youthful misdeeds?

On Wednesday night at the Kaufman Center in New York City, the Oklahoma frat brothers were discussed as part of a larger debate over whether it’s time for the U.S. to adopt a “right to be forgotten” law to help people hide their past.

Experts Debate Whether 'Right to Be Forgotten' Should Be Adopted in the U.S.

March 12, 2015

The “right to be forgotten” should be adopted in the U.S. because Americans deserve the ability to exercise control over their personal data. Then again, the right to be forgotten could be seen as a form of censorship that aims to conceal past news. At least that's what four privacy and technology experts debated Wednesday night.

The experts considered whether the ruling should be (hypothetically) implemented in the U.S. Organized by Intelligence Squared, a live New York City audience served as the barometer for which side won the debate. Before any words were exchanged, 36 percent believed the U.S. should adopt the ruling; 26 percent were against it, and 38 percent were undecided.

Does The Mass Collection Of Phone Records Violate The Fourth Amendment?

October 10, 2014

Some very smart people try to make the case that gobbling up phone data on all of us isn’t really a constitutional case. Let’s see if they convince you…

Intelligence Squared held a debate on exactly this topic. If you’ve never checked out Intelligence Squared, I highly recommend it. Imagine a televised argument, except instead of sound bytes spewed by yelling heads, accomplished experts calmly and rationally hash out the issues with enough time to guarantee that nuance isn’t sacrificed to make time for another commercial.

VIDEO: Yes, Mass Collection of U.S. Phone Records Violates the Constitution

October 08, 2014

A resounding win! A Philadelphia audience sided squarely with team civil liberties in a debate hosted yesterday by Intelligence Squared. Arguing for the motion, "Mass Collection of U.S. Phone Records Violates the Constitution," were ACLU staff attorney Alex Abdo and Elizabeth Wydra, chief counsel of the Constitutional Accountability Center. They faced off against John Yoo, a former Justice Department attorney known for authoring the Bush-era torture memos, and Stewart Baker, former NSA general counsel.

BULK PHONE RECORDS COLLECTION VOTED DOWN IN OXFORD-STYLE DEBATE

October 08, 2014

A strong majority of audience members thought mass collection of U.S. phone records violates the constitution’s Fourth Amendment protection against unreasonable search and seizure following an Oxford-style debate on the topic last night sponsored by Intelligence Squared, which is affiliated with NPR. The motion — “mass collection of U.S. phone records violates the Fourth Amendment” — polled at 46 percent among audience members before the debate and at 66 percent afterward. Arguing in favor of the motion were ACLU staff attorney Alex Abdo and Elizabeth Wydra, chief counsel for the Constitutional Accountability Center. Opposing it were former NSA general counsel Stewart Baker and John Yoo, a former Justice Department lawyer best known for writing the Bush Administration memo justifying enhanced interrogation of terror detainees that critics have dubbed torture. Before the debate, 17 percent of audience members opposed the motion and 37 percent were undecided. After the debate, 28 percent opposed it and 6 percent were undecided.

Intelligence Squared Debate: Campaign Finance

June 26, 2014

Many have argued for things like public financing or, you know, sensible limits, while others have said where you spend your money is a matter of free speech. Tonight, the Constitution Center will hold a panel—live streamed for NPR’s Intelligence Squared—debating these points of view.

Popular NPR debate show to return to Philly

June 19, 2014

Campaign finance, Super PACS and the First Amendment make up the three topics to be debated on NPR Radio’s popular show, “Intelligence Squared U.S. Debates,” due to return to Philadelphia Thursday, June 26, at the National Constitution Center, 6th. and Market streets, beginning at 6:30 p.m. Tickets are $30.

The debate, which will follow the old Oxford style of sparring, will feature First Amendment lawyer Floyd Abrams, Brennan Center’s Burt Neuborne, New York Law’s Nadine Strossen and Fordham Law’s Zephyr Teachout. ABC News’ John Donovan will moderate.

Constitution Center Event on Campaign Finance

June 03, 2014

Described as “always intelligent and provocative” (Wall Street Journal), the award-winning NPR show Intelligence Squared U.S. Debates (IQ2US) returns to the National Constitution Center for a no-holds-barred debate on campaign finance, super PAC’s, and the First Amendment.

The Obama Administration Is Setting a Dangerous Precedent about Due Process

April 15, 2014

The essence of due process, as Harvard Law professor Noah Feldman recently argued at an Intelligence Squared debate, is that “the government would not kill its own citizens without a trial.” That derived from the English Magna Carta of 1215, and the Framers of the U.S. Constitution had such a history in mind when, in the Fifth Amendment, they wrote that no one may “be deprived of life, liberty, or property, without due process of law.”

So this seems like an easy issue: The Constitution is clear that due process is required before the federal government takes a citizen’s life. But in many cases, that would fly in the face of common sense.

Professor Alan Dershowitz pointed out in the same debate that a bank robber firing at police as he flees is not entitled to a trial before police can shoot back at him. This exception is widened in the case of war, which is why the laws of war have never required a prior hearing before incapacitating an enemy combatant that is on the battlefield.

Racial Preferences Under Siege

March 20, 2014

The intellectual case for preferences is looking increasingly shaky. Last month, a packed auditorium at Harvard Law School featured an Intelligence Squared U.S. debate on whether “affirmative action does more harm than good.” Harvard professor Randall Kennedy, the author of the book For Discrimination, and Columbia professor Ted Shaw, the former head of the NAACP Legal Defense Fund, argued that diversity is an important and noble goal that universities must pursue. UCLA professor Richard Sander, author of the book Mismatch, and University of San Diego professor Gail Heriot, a commissioner on the U.S. Civil Rights Commission, presented statistics from over 20 peer-reviewed studies that showed how the good intentions of affirmative-action supporters have had disastrous results.

FRIENDLY FIRE: Can Presidents Kill Americans?

March 06, 2014

Last night at the National Constitutional Center, NPR’s Intelligence Squared hosted a debate for broadcast on the limits of executive power, specifically is the president exceeding the constitutional powers of his office when, absent due process, he orders a fatal drone strike on an American citizen living abroad who is suspected of aiding or abetting terror plots that would harm American citizens or the homeland. Such was the case with the fatal drone strike executed against Anwar Al-Awlaki, a charismastic Imam and advocate for Jihad who was born in New Mexico.

The specific question being debated was not whether or not drone strikes are moral or legal, or even useful for advancing U.S. Foreign policy objectives, it was whether or not the president violated the constitutional rights of this particular American citizen. As per the premise of the show, the audience is polled about whether they are for or against the motion before the debate begins then again at the end. Before the debate, the audience vote tally was: 29% for, 44% against with 27% undecided.

CRIME & PUNISHMENT: Talking Drones, Snowden, O.J. And How To Solve The Israeli-Palestinian Riddle With Super-Lawyer Alan Dershowitz

March 04, 2014

Famed criminal defense lawyer, retired Harvard Law School professor and cable news gadfly Alan Dershowitz will be at the National Constitution Center tomorrow to debate the legality and ethics of drone strikes on American citizens. In advance of tomorrow’s debate, we got Mr. Dershowitz on the horn. DISCUSSED: When it’s OK for the President of the United States to order the assassination of an American citizen; his theory of a “Continuum Of Civilianality; why he is advocating for the court-supervised use of torture in so-called ticking time bomb situations; Zionism and how to resolved the Israeli-Palestinian crisis; is Edward Snowden a hero or villain; is mass surveillance of all American citizens constitutional under the Fourth Amendment; is O.J. Simpson innocent or guilty?

PHAWKER: Tomorrow, you’ll be at the National Constitution Center for the Intelligence Squared Debate. You’ll be arguing that President Obama was within the legal limits of executive power when he ordered the fatal drone strike on New Mexico-born Jihadist rabble-rouser Anwar al-Awlaki in Yemen. You will argue that the President can order the assassination of an American citizen absent any due process if he’s suspected of aiding and abetting the terrorists abroad in the killing of Americans. Can you summarize your argument for us?

ALAN DERSHOWITZ: Yes. I think that both international law and American constitutional law simply requires that the President determine under his war-power authority that the person targeted is a legitimate combatant, not a civilian. That’s the important line – the line is between combatant and non-combatant...

Debate: “Affirmative action on campus does more harm than good”

March 04, 2014

What if affirmative action actually hurts minorities?

Badger Pundit has the rundown on a debate at Harvard Law School over the proposition in the title of this post, Epic smackdown of affirmative action at Harvard — following debate, audience’s opposition rises nearly a third.

It’s a discussion that people on campuses don’t like to have. Good for Harvard Law School for hosting such a debate with well-qualified speakers arguing each side. Too often the argument against affirmative action is denegrated as racism.

A speaker in favor of the proposition argued that affirmative action is an “epic policy failure” because it actually hurts — not helps — minority achievement through lower graduation and professional accomplishment rates.

Approval to target terrorists, U.S. citizens

March 02, 2014

The president has the constitutional authority to target American citizens overseas.

This authority is derived from his war-making power as commander-in-chief of the armed forces. But this does not mean that the president has unfettered discretion to strike anyone he chooses.

The executive's war-making power is checked by the Founding Fathers' reservation in Congress of the power to declare war. The executive may not use this power unless authorized to do so by Congress.

Violating the ideals he pledged to uphold

March 02, 2014

The White House is once again weighing whether to kill an American citizen overseas as part of its "targeted killing" program.

This extrajudicial killing program should make every American queasy. Based on largely secret legal standards and entirely secret evidence, our government has killed thousands of people. At least several hundred were killed far from any battlefield. Four of the dead are Americans. Astonishingly, President Obama's Justice Department has said the courts have no role in deciding whether the killing of U.S. citizens far from any battlefield is lawful.

The president, it seems, can be judge, jury, and executioner.

Intelligence Squared debate: Affirmative action on campus does more harm than good

February 28, 2014

Intelligence Squared presented a very lively debate last night at Harvard Law School — “Resolved: Affirmative Action On Campus Does More Harm Than Good.” Arguing for the motion were Gail Heriot, professor of law, University of San Diego School of Law and member, U.S. Commission on Civil Rights; and Richard Sander, professor of law, UCLA School of Law. Arguing against the motion were Randall Kennedy, professor of law, Harvard Law School; and Theodore Shaw, professor of law, Columbia Law School.

The debate largely focused on Rick Sander’s empirical work, which tends to show that affirmative action actually harms its intended beneficiaries. Regular readers will recall that Rick guest-blogged about this provocative work two years ago.

It was particularly striking to see this prominent debate on the Harvard Law School campus–since, ironically, it can often seem, on elite campuses, that the very topic of affirmative action on campus is taboo.

Law School Hosts Debate on the Merits of Affirmative Action

February 28, 2014

A panel featuring Harvard Law School professor Randall L. Kennedy and others debated the pros and cons of affirmative action Thursday evening at the Law School’s Ames Court Room.

Arguing that affirmative action does more harm than good, University of San Diego Law professor Gail Heriot and University of California, Los Angeles Law professor Richard H. Sander asserted that affirmative action reduces the percentage of minorities who succeed at selective academic institutions.

On the opposing side, Columbia Law School professor Theodore M. Shaw and Kennedy argued in favor of affirmative action as a means of advancing university goals while benefitting the educational experiences of all students.

At Intelligence Squared U.S. Debate Audience Says: “Freedom of the Press Does Extend to State Secrets”

June 08, 2011

With world governments still reeling from the WikiLeaks fallout, acclaimed debate series Intelligence Squared US turned its attention to the balance between national security and freedom of the press. After watching the heated debate, IQ2US’s live, sold-out audience came down in favor of the Dershowitz/Sanger team, deciding against the motion that “Freedom of the press does not extend to state secrets”.