
The Law and Politics Blog 

Welcome to the blog for the Institute for Law and Politics at the University of Minnesota Law School. This blog provides news, analysis, research and policy ideas related to issues at the intersection of law and politics.
Post Frequency: 2.6/day Last Entry: September 25, 2008 at 10:54:00 Recent Entries: 51
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Institute to Co-Host Minnesota Law Review Symposium on "Law & Politics in the 21st Century" on October 17, 2008
Posted on September 25, 2008On October 17, the Institute for Law and Politics will co-sponsor the University of Minnesota Law Review's annual symposium at the law school.The event is scheduled to take place following the Republican National Convention in St. Paul, and prior to the general election...
Tuesday, September 9th is Primary Election Day in Minnesota
Posted on September 08, 2008With all the media and political coverage in Minnesota surrounding the DNC and RNC Conventions, you may have missed that Tuesday, September 9th is Primary Election Day in Minnesota.If you are an eligible Minnesota voter, you can register to vote at your polling place on election day...
WashingtonWeek with Gwen Ifill - Live Taping at the University of Minnesota on August 29
Posted on August 20, 2008You are invited to a live taping of "Washington Week" with Gwen Ifill on August 29 at the University of Minnesota.The University of Minnesota Center for the Study of Politics and Governance, along with the AARP are sponsoring this opportunity to participate in PBS's national political news show...
Institute for Law and Politics Events During the RNC - Tuesday, September 2
Posted on August 19, 2008The Institute for Law and Politics is hosting a number of events at the University of Minnesota Law School on Tuesday, September 2, during the Republican National Convention in the Twin Cities. Parking and directions are available here. For additional information, visit the Institute for Law and Politics home page...
Check out the YouTube Franken / Coleman US Senate Debate
Posted on July 30, 2008This week YouTube is highlighting user-generated video questions for Al Franken and Norm Coleman as part of their 2008 U.S. Senate campaign:Check out the submitted questions and their responses on YouChoose2008. Enjoy the Law and Politics Blog? Subscribe to our RSS Feed
Jesse "The Senator" Ventura?
Posted on July 09, 2008In multiple interviews today, former Minnesota Governor Jesse Ventura hinted that he is considering joining the state's 2008 U.S. Senate race.NPR, the AP, the Politico, the New York Times all have reports on his possible candidacy against Norm Coleman and Al Franken...
General Election Fundraising Landscape
Posted on June 08, 2008With the general election campaign about to begin in full force, presumptive nominees Barack Obama (D-IL) and John McCain (R-AZ), as well as their respective parties, are gearing up for a highly-competitive campaign. As reported in the Washington Post, each candidate seeks to expand the electoral map and use his appeal to independent voters to compete in states that would otherwise not be competitive...
Shakeups Continue in Minnesota Attorney General's Office
Posted on May 28, 2008After nearly a year and a half in office, Minnesota Attorney General Lori Swanson's office continues to be plagued by staff dissension.The Star Tribune reports that an independent investigation of the office by St. Thomas Law Dean Thomas Mengler cleared the Attorney General of wrongdoing related to her handling of cases in the office...
US Supreme Court Upholds Voter ID Requirement
Posted on April 28, 2008This morning the United States Supreme Court released its decision in Crawford v. Marion County Election Board (pdf). This case sought to determine whether the State of Indiana's voter identification requirement violated the constitutional rights of voters...
Monday, April 28: Professor Patrick Garry to Lead Lunch Discussion on Judicial Decisionmaking
Posted on April 11, 2008On Monday, April 28, University of South Dakota Law Professor Patrick Garry will lead a discussion on his new book, "An Entrenched Legacy: How the New Deal Constitutional Revolution Continues to Shape the Role of the Supreme Court."From Amazon: "An Entrenched Legacy takes a fresh look at the role of the Supreme Court in our modern constitutional system...
Thursday, April 24: Governor Al Quie and Representative Steve Simon to Discuss Judicial Selection in Minnesota
Posted on April 11, 2008On Thursday, April 24, Former Minnesota Governor Al Quie (R) and Minnesota State Representative Steve Simon (DFL) will discuss possible reforms to Minnesota's judicial selection system. Governor Quie recently chaired a state commission to study possible reforms to Minnesota's system...
Monday, April 28: Professor Marc-Olivier Baruch to Discuss the Implementation of Anti-Semitic Legislation in France in 1940-44
Posted on April 09, 2008On Monday, April 28, Professor Marc-Olivier Baruch, Professor and Director of Studies, Center of Historical Research, L'Ecole des Hautes Etudes en Sciences Sociale, CNRS, will lead a discussion on the implementation of anti-Semitic legislation in France in 1940-44...
Klobuchar Endorses Obama
Posted on March 31, 2008The latest news from the Wall Street Journal and the Star Tribune indicates that freshman Senator Amy Klobuchar (D-MN) endorsed presidential candidate Barack Obama last night."My endorsement reflects both Barack's strong support in my state and my own independent judgment about his abilities," explained Klobuchar, likening the Illinois Democrat to Minnesota's first Vice President, Hubert Humphrey...
Will Protracted Nomination Fight Help or Hurt Democrats?
Posted on March 26, 2008Common political wisdom in recent weeks, as exemplified by this report in the New York Times, is that a protracted nomination fight could spoil the best chance Democrats have in recent years of reclaiming the White House. With an unpopular president and a struggling economy, Democratic candidates Barack Obama (D-IL) and Hillary Clinton (D-NY) argue that they have a unique opportunity to claim the mantle of change and sail to victory...
What Could Go Wrong in Florida?
Posted on March 13, 2008Institute for Law and Politics Advisory Board Member Rick Hasen predicts in his Election Law Blog three potential problems if Florida goes forward with a June Mail-Vote Primary:1. An Election MeltdownAs I have noted,"there's something especially worrisome about rolling out a new system for counting votes for the first time in a presidential contest...
Florida Democratic Party Proposes June 3 Mail Vote Primary
Posted on March 12, 2008Politico reports that the Florida Democratic Party has developed a plan to redo its Primary election through a June 3 Mail Ballot.No word yet from either Clinton or Obama on their reactions to the proposal. The re-vote election is estimated to cost between $10-$12 million, though right now, no one has volunteered to pay for it...
The Myth of Voter Fraud?
Posted on March 10, 2008Institute for Law and Politics Senior Fellow David Schultz recently published a law review article titled, "Less Than Fundamental: The Myth of Voter Fraud and the Coming of the Second Great Disenfranchisement (PDF)"In the article, Professor Schultz essentially makes two arguments...
Presidential Candidate Campaign Obstacles
Posted on February 25, 2008Now that there's a mini-lull in the presidential campaign schedule, here is some information on the obstacles facing each of the remaining presidential candidates:For Senator John McCain (R-AZ), the presumptive Republican nominee, there is a concern that his prior entry into the Federal Election Commission's (FEC) public financing system, and the FEC chairman's recent letter suggesting McCain will not be able to withdraw from such a system, will hamstring his campaign before he officially accepts the Republican nomination in Minneapolis-St...
It's Our Party (we should be allowed to vote if we want to)
Posted on February 13, 2008[Senior Fellow David Schultz asked me to submit this post on his behalf]Imagine the Minnesota DFL Party adopting a rule that no people of color could participate in their caucuses, or the Republican Party adopting one barring women from attending. Could they do that? Proponents of the political parties seem to imply such a right when arguing against a law calling for primaries instead of caucuses for the selection of presidential and other candidates...
Obama v. Clinton: Could Delegate Counts Spark a Lawsuit?
Posted on February 11, 2008Former U.S. Solicitor General and Bush v. Gore counsel, Ted Olson, writes in today's Wall Street Journal of the possibility of contentious litigation should there be a contest in seating delegates to the Democratic National Convention:"Imagine that as the convention approaches, Sen...
Check Out Hillary's New Victory Speech Game
Posted on February 07, 2008Stephen Colbert at The Colbert Report introduces us to Hillary's new dance and tells us that Garrison Keillor is the "whitest man alive". Check out the video here: Enjoy the Law and Politics Blog? Subscribe to our RSS Feed
Where Do Democrats Go From Here?
Posted on February 06, 2008There is likely to be a protracted battle for Delegates to the Democratic National Convention unseen in generations.With Obama and Hillary very near each other in Delegate counts after Super Tuesday (Hillary: ~845, Obama: ~765) and neither anywhere near the 2,025 needed to win the nomination, this contest could go on for weeks (if not months)...
The Free Market Predicts Obama Will Win California Tomorrow
Posted on February 04, 2008Two electronic predictive markets that offer trades on the Democratic Presidential Primary in California tomorrow both predict wins for Barack Obama.InTrade Prediction Markets, trading real money, is currently trading a Barack Obama win in California at 57...
John McCain Will Be The Republican Nominee
Posted on January 29, 2008John McCain tonight won the Florida Primary.It is also being reported that with Rudy Giuliani's disappointing third-place finish in Florida, that tomorrow he will likely drop out of the race and endorse Senator McCain.McCain and Giuliani already lead in most February 5 Super Tuesday states...
Nevada Caucuses Update
Posted on January 17, 2008Today Federal District Judge James Mahan declined to issue a temporary injunction against the Democratic Party of Nevada's at large caucuses. ?State Democrats have a First Amendment right to association, to assemble and to set their own rules,? Judge Mahan said...
Federal Court Hears Case on Nevada Caucuses Today
Posted on January 17, 2008Last Friday, Nevada's teachers union filed a lawsuit against the Democratic Party of Nevada in Federal Court claiming their at-large precincts violate 14th Amendment equal protection clause. The at-large precincts are set up at nine Vegas hotels and resorts by the Democratic Party of Nevada to afford thousands of hotel employees an opportunity to participate in the midday causes while at work...
Lunch Discussion with Former Assistant Attorney General Rachel Brand - Thursday, January 24
Posted on January 14, 2008Please join us as we continue our Lunch Discussion Series with Institute Advisory Board member and former United States Assistant Attorney General Rachel Brand as she speaks on:"An Insider's Perspective on Federal Judicial Confirmations"Thursday, January 24, 2008 from 12:15pm - 1:20pm at the University of Minnesota Law School (Directions and parking information here)...
Minnesota Caucus on "Super Tuesday", February 5
Posted on January 14, 2008Minnesota will hold its caucuses at 7:00pm on Tuesday, February 5.Partisan precinct caucuses will determine Minnesota's National Delegates for the Presidential nomination. Caucuses also elect local party officers, propose issue resolutions for party platforms, and elect delegates to local party conventions...
Democratic Presidential Race Taking Shape?
Posted on January 14, 2008After splitting wins in Iowa and New Hampshire, Democratic Senators Hillary Rodham Clinton (N.Y.) and Barack Obama (Ill.) are mounting increasingly aggressive campaigns against each other, as the Washington Post's Dan Balz notes. Far from being a two-way race, however, Balz also argues that former Senator John Edwards (D-N...
2008 Presidential Election: What's Next?
Posted on January 14, 2008We are now in what can be considered the middle of the front-loaded Presidential nominating process. The two early states, Iowa and New Hampshire, are now behind us. A handful of additional states will have their contests in the next two weeks, with the majority of National Delegates allocated on February 5...
Update on Mark Ritchie Investigation
Posted on January 09, 2008Legislative Auditor James Noble released a report yesterday stating that Secretary of State Mark Ritchie did not violate the law when he provided his campaign contact information solicited from recent participants in a state civic engagement program organized by Ritchie?s state office...
McCain and Obama Leading the Day Before New Hampshire Primary
Posted on January 07, 2008The 2008 New Hampshire Presidential Primary is tomorrow. It appears likely that Barack Obama and John McCain will win there, which would be important victories for each of them, and will almost certainly lead to more candidates to withdraw from the race (Fred Thompson? Duncan Hunter? Bill Richardson?)...
Steve Grove Explains How Tomorrow's Iowa Caucuses Will Work
Posted on January 02, 2008Institute for Law and Politics Advisory Board member Steve Grove explains how the Iowa Caucuses work in this new YouTube video:For those who missed it, last week Newsweek magazine named Steve one of its "Next 2008". Enjoy the Law and Politics Blog? Subscribe to our RSS Feed
Iowa Caucuses Two Days Away and Still Wide Open
Posted on January 01, 2008The Iowa Presidential Caucuses will be held this Thursday, January 3, and national polls show a virtual dead heat among the three Democratic front-runners. The final Des Moines Register poll before the caucuses shows Barack Obama with a 7-point lead over Hillary Clinton...
Minnesota Secretary of State under Investigation
Posted on November 27, 2007Minnesota Secretary of State Mark Ritchie?s office has become embroiled in an evolving political controversy that has now led to an official investigation by Legislative Auditor James Noble. Last month conservative bloggers picked up on a complaint from two Republican activists who received an unsolicited electronic newsletter from Secretary of State Mark Ritchie?s campaign...
Institute Advisory Board Member Steve Grove previews tomorrow's CNN/YouTube Republican Debate
Posted on November 27, 2007Institute for Law and Politics Advisory Board Member and YouTube News and Politics Editor Steve Grove gives us a behind-the-scenes video preview of the CNN/YouTube Republican Presidential Candidate Debate which will air tomorrow, Wednesday, November 28, at 7:00pm Central on CNN: Enjoy the Law and Politics Blog? Subscribe to our RSS Feed
Senator Trent Lott Resigns Unexpectedly
Posted on November 26, 2007According to the Washington Post, Senator Trent Lott (R-MS), the Senate minority whip, will resign his seat by the end of the year. Lott, No. 2 in the Republican Senate hierarchy behind Minority Leader Mitch McConnell (R-KY), was not expected to resign, and had returned to power in 2006 after several years of exile after being forced to resign as Majority Leader following controversial remarks he made at the late Senator Strom Thurmond's 100th birthday party in 2002...
Co-Director David Stras to Discuss Judicial Appointments, Friday, November 30
Posted on November 15, 2007On Friday, November 30, Co-Director David Stras will lead a discussion on the politics of judicial appointments related to his recent paper: "The New Politics of Judicial Appointments (pdf)." The event will be from 12:15pm-1:30pm in Room 65 of the University of Minnesota Law School...
Today's Lunch Discussion: Senior Fellow David Schultz to discuss voter fraud
Posted on November 09, 2007Senior Fellow David Schultz will lead a discussion on voter fraud issues related to his recent paper: "Less than Fundamental: The Myth of Voter Fraud and the Coming of the Second Great Disenfranchisement. (pdf)"The discussion will be held in Room 15 of the law school from 12:15pm-1:15pm...
Advisory Board Member Tova Wang Questions the Value of the Caucus System
Posted on November 09, 2007Institute for Law and Politics Advisory Board Member Tova Wang - a Fellow at the Century Foundation - recently authored a report arguing against the use of caucuses in the presidential selection process.Her paper, "Has America Outgrown the Caucus? Some Thoughts on Reshaping the Nomination Contest" (pdf), argues that time-consuming, weeknight caucuses violate the principal that all citizens should have an equal opportunity to participate in the political system...
2008 Presidential Primaries Might Move into 2007
Posted on October 29, 2007According to The Washington Post and The New York Times, Iowa Democrats have moved their caucus date to January 3, 2008, the same day Republicans will hold the first-in-the-nation caucuses. The change exemplifies the recent trend in which states have attempted to move their nomination contests earlier in the year to ensure that voters play a significant role in the candidate vetting process...
Former White House Chief of Staff John Podesta to Speak at the Institute for Law and Politics
Posted on October 15, 2007Former Clinton White House Chief of Staff John Podesta will join the Institute for Law and Politics this Thursday, October 18 from 2:00pm-3:00pm for a discussion on "Congressional Investigations and the Separation of Powers".Mr. Podesta will speak at the University of Minnesota Law School in Minneapolis...
The Battle Over Early Primaries
Posted on October 12, 2007According to both the New York Times and the Detroit Free Press, four Democrats (Edwards, Obama, Richardson, and Biden) withdrew from the Michigan primary on Wednesday. This leaves only Senators Clinton and Dodd on the primary ballot, effectively ceding the contest to Senator Clinton in what is shaping up to be a very tight race...
Institute for Law and Politics Advisory Board member discusses campaign finance
Posted on October 08, 2007Check out this C-SPAN appearance by Institute for Law and Politics Advisory Board member Morgan Felchner, the Editor of Campaigns & Elections magazine, as she discusses presidential campaign finances and takes viewer calls.Video Here Enjoy the Law and Politics Blog? Subscribe to our RSS Feed
National Public Radio's Nina Totenberg Interviews Jack Goldsmith, author of "The Terror Presidency"
Posted on October 02, 2007In a seven-minute interview, National Public Radio legal affairs correspondent Nina Totenberg interviewed former White House Office of Legal Counsel (OLC) Official Jack Goldsmith today. Goldsmith is the author of "The Terror Presidency" which discusses the Bush Administration's battles with the OLC surrounding torture, warrantless surveillance, and the detention and trial of suspected terrorists...
David Stras on Minnesota Public Radio
Posted on September 28, 2007Professor David Stras and former Minnesota Law Professor Daniel Farber, now at the University of California-Berkeley, were featured this morning on the Midmorning Show with Kerri Miller, a Minnesota Public Radio program. The two discussed some of the controversial cases on the Supreme Court's upcoming docket, trends in the court's jurisprudence and collegiality, recent written commentary on the court, and responded to call-in questions...
New York Times Magazine and National Public Radio on the Supreme Court
Posted on September 23, 2007In two fascinating accounts, The New York Times Magazine and National Public Radio provide the latest media portrayals of life at the Supreme Court.On NPR's program "Fresh Air," Terry Gross interviews legal scholar Jeffrey Toobin on his new book entitled "The Nine: Inside the Secret World of the Supreme Court...
Stephen Colbert on the California Electoral Vote reform proposal
Posted on September 19, 2007Last night the Colbert Report aired a segment on the proposed referendum in California to allocated presidential electors by Congressional District, rather than the current statewide, winner-take-all system. If the plan passes next year, the Republican presidential candidate would likely receive an additional 20-25 electoral votes - the equivalent of winning Ohio...
Bush Announces AG Nominee
Posted on September 17, 2007Former Federal Judge Michael Mukasey has been tapped by President Bush to replace outgoing Attorney General Alberto Gonzalez. Judge Mukasey is a former prosecutor who recently retired after serving 19 years on the federal bench in the Southern District of New York...
Special Session Today to Address Flood Relief
Posted on September 11, 2007Governor Tim Pawlenty has called for a special session to be held today at 5pm for the purpose of passing $150 to $160 million in relief funds aimed at easing the plight of flood victims in southeastern Minnesota. Under the Minnesota constitution, the Governor alone holds the power to call a special session ?on extraordinary occasions...
An update on the broken presidential primary system
Posted on September 05, 2007Here's where we stand:The Christian Science Monitor reports that the presidential candidates have taken sides in the rapidly-intensifying battle for early primaries:"The pressure on defiant states increased over the weekend, with Sen. Hillary Rodham Clinton of New York, Sen...

Is it libel to write blog posts and/or online reviews about a local business that defames one's reputation?
Libel is the form of defamation expressed in fixed-- usually written form. Sland...

Is it libel to write blog posts and/or online reviews about a local business that defames one's reputation?
Libel is the form of defamation expressed in fixed-- usually written form. Sland...








