Remembering Professor Bork

Published reports of the death of Robert Bork on December 19 not surprisingly dwelled on the most controversial events in his long life in the law.  As Solicitor General under President Nixon, Bork in 1975 carried out orders to fire the Watergate special prosecutor.  In 1987, Bork was nominated for the Supreme Court by President Reagan but then rejected by the Senate.  During the 1990s and 2000s, Bork, while employed by conservative think tanks, vigorously argued that elitist liberals were trying to take over the judiciary.

For my own part, I recall Robert Bork from my first year of law school and from the time before he became a prominent national figure.  It seems hard to believe, but I actually had Professor Bork for Constitutional Law.  I also had Professor Bork for Legal Research and Writing because the Yale Law School in those distant days folded each student’s instruction in legal research and writing into an arbitrarily selected substantive first-year course.

I have no evidence that Professor Bork ever read the assorted memoranda and briefs I wrote “under his tutelage,” but I certainly recall his approach to Constitutional Law. 

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Foreign Travel by Members of Congress (Part III)

As I explained previously (here and here), I’ve been writing a piece that examines Congress’s involvement in international diplomacy. One half of the article documents the nature and extent of the contemporary practice, while the other analyzes that practice from a separation-of-powers angle. As the data in the last post demonstrated, legislative diplomacy in the form of CODEL travel is a major form of engagement between the United States and foreign countries. Now I want to discuss some of the reasons why the numbers from the last post are significant.

First, the findings at least partially contradict the common perception that CODEL travel is nothing more than a series of taxpayer-funded boondoggles for profligate legislators. With places such as Afghanistan, Iraq, and Pakistan among the most common destinations, and with members of congressional committees such as Foreign Affairs and Armed Services traveling more than their counterparts on other committees, it is apparent that something other than vacationing is going on. Wikileaks confirms as much—an overwhelming majority of the State Department cables show legislators using foreign travel to gather information about economic, political, and social conditions in host countries. The idea, it seems, is that legislators can educate themselves by meeting with foreign officials and personally observing foreign conditions, and then use their knowledge to develop more effective legislative solutions to foreign policy problems. Wikileaks shows that another rationale for CODEL travel is lobbying; legislators often use their meetings with foreign officials to press foreign governments to act in ways that promote U.S. interests or, less frequently, the interests of specific constituents. One might fairly question whether CODELs are effective means of pursuing these goals, but it’s clear that the goals are not sightseeing and leisure. The intermittent public debate on CODEL expenditures needs to acknowledge that.

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Time for a Serious Conversation about Guns–and Those Who Use Them

This picture is of a five-year-old. More specifically, my five-year-old. Energetic and friendly and excited for kindergarten. Now that boy is long past kindergarten. Still energetic and friendly, but now excited for college. In his twelve years of primary and secondary schooling, he never once had to endure a lock-down of his school; never once had to cower under a desk or huddle with other children because someone with a gun lurks nearby, maybe even right in front of him; never had to witness his classmates or his teacher shot and lying bloody in front of him; never had to close his eyes to walk past carnage to exit his school. Maybe he was just lucky.

But no child should have to endure such things. No child. Anywhere.

By the time my sons entered school, mass school shootings were already on the national radar, thanks to the Columbine school shooting in 1999.  And, sadly, mass shootings generally have made regular appearances in their lives since then:  the Westside Middle School shooting in Arkansas, the Beltway sniper attacks, the Amish school shooting, the shooting at a Brookfield hotel where church services were being held, the massacre at Virginia Tech, the shooting of Congresswoman Gabby Giffords and others, including a nine-year-old girl, in Tucson, and just this year alone, the Aurora theatre shootings, the shooting at Oak Creek’s Sikh Temple, the shootings at Texas A&M, the shooting at Azana Salon & Spa in Brookfield, the Portland, Oregon, mall shootings, and now the Sandy Hook School shootings in Connecticut.

Continue ReadingTime for a Serious Conversation about Guns–and Those Who Use Them