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OWS and the Constitution

To become a sustained and sustainable force for change, it is quite clear that Occupy Wall Street (“OWS”) will eventually need to engage in “grubby, time-consuming” politics—not just of presence and protest, and certainly not of vandalism and violence, but also of the electoral and judicial kind. There is thus a fundamental need for OWS to articulate a coherent and viable vision of change, a vision that is grounded in and legitimated by the Constitution.

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Solving the Shortage in Generic Cancer Drugs

The number of drug shortages has tripled from 61 in 2005, to 178 in 2010. These drugs include chemotherapy drugs, antibiotics, anesthesia, and even crash cart drugs for heart attack patients. On October 31, President Obama issued an Executive Order directing FDA to address the growing issue of critical drug shortages. While the Executive Order urges FDA to take action on manufacturing shortages, it does little to address the underlying problems that create drug shortages. Congress must take quick action to solve the drug shortage crisis beyond requesting FDA to continue what it is already empowered to do.

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Free Press: Five Questions with Lee Levine, Outside Counsel to the New York Times, Many Others

“To the extent WikiLeaks is receiving information without participating in illegal conduct, and the information disseminated is truthful and about a matter of public concern, then WikiLeaks is entitled to as much protection as any press organization doing essentially the same thing.”

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Angles on the ACA and the Commerce Clause, Round 2

Did amicus briefs in the Affordable Care Act litigation influence the courts of appeals?

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New developments in the NYPD Muslim monitoring program

The NYPD’s monitoring program’s targeting of individuals who changed their names to Arabic names or Arabic-sounding names highlights the overlap between traditional civil rights issues and the post-9-11 concerns regarding civil liberties and national security.

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Papandreou for President 2012?

Prime Minister George Papandreou faced charges of reneging after he announced a referendum on the question. He was then forced to announce his resignation. Papendreau’s greatest sin was his call to have the Greek people vote on the bailout loan and the accompanying austerity plan, which would require enormous cuts to government spending. The referendum would have been a classic example of democracy, taking important decisions directly to the people, rather than having the entire economy changed according to the demands of unelected international institutions.

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Close GITMO for Veterans Day

As Veterans Day approaches, I think it’s a good time to pay tribute to the troops. For this tribute, however, I propose something novel. Instead of post-traumatic-stress inducing fireworks and parades let’s actually listen to what the veterans are saying and incorporate it into our public policy. Thus, in honor of the troops on Veterans Day, I propose that we shut down Guantanamo.

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Eight Billion or Bust

As the population hits seven billion, the debate over President Obama’s healthcare plan mandating providing for contraception at no deductible grows. Interest groups may think its inappropriate to pay for a birth control prescription while conveniently forgetting that in the absence of birth control, women in lower socio-economic classes become more likely to become pregnant resulting in more abortions or more state aid to such families. In the end we all pay for contraception, reproductive health, and children, thus smarter policy would be to support birth control at all socio-economic levels in the hopes that prevention wins the day.

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Old and Busted: Poll Taxes; New Hotness: Voter ID

On paper, voter ID requirements might seem like a good idea, and voter fraud seems like a good reason to institute those requirements. But in reality, voter ID requirements end up disenfranchising minorities, the homeless, and the elderly. The story of the tenuous relationship between “voter fraud” and voter ID speaks not to a systematic abuse of the electoral system, but a sinister attempt to cull the rolls of people who vote for the wrong party.

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Free Speech: Eight Questions with Alan Isaacman, Formerly First Amendment Lawyer to Larry Flynt

Larry Flynt is an entrepreneur who had creative ways to further his business, and I think he recognized at some point that the First Amendment would be a useful right for him. It was one way to add respectability to a business that probably wasn’t terribly respectable otherwise. And I think he became a believer over time. He just didn’t start out that way.

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