------ Forwarded Message > From: "dasg...@aol.com" <dasg...@aol.com> > Date: Thu, 14 Jan 2010 17:26:45 EST > To: Robert Millegan <ramille...@aol.com> > Cc: <ema...@aol.com>, <j...@aol.com>, <jim6...@cwnet.com>, > <garyn2...@yahoo.com>, <lar...@rawstory.com>, <prisonplanet...@hotmail.com>, > <christian.r...@gmail.com> > Subject: Background on Obama's "Framers of Information" >
> "In a 2008 article > <http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1084585> published in the > Journal of Political Philosophy, >> >>> >>> http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1084585 >>> <http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1084585> >>> >>> >>> >>> Conspiracy Theories >>> >>> >>> Cass R. Sunstein >>> <http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=16333> & Adrian >>> Vermeule <http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=231075> >>> Harvard University - Harvard Law School >>> >>> January 15, 2008 >>> >>> Harvard Public Law Working Paper No. 08-03 >>> <http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1084585##> >>> U of Chicago, Public Law Working Paper No. 199 >>> <http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1084585##> >>> U of Chicago Law & Economics, Olin Working Paper No. 387 >>> <http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1084585##> > Obama's information czar Cass Sunstein outlined a plan for the government to > stealthily infiltrate groups that pose alternative theories on historical > events via 'chat rooms, online social networks, or even real-space groups and > attempt to undermine' those groups. The aim of the program would be to > '(break) up the hard core of extremists who supply conspiracy theories,' wrote > Sunstein." > > > http://en.wikipedia.org/wiki/Cass_Sunstein > <http://en.wikipedia.org/wiki/Cass_Sunstein> >> >> Sunstein has elaborated the theory of libertarian paternalism >> <http://en.wikipedia.org/wiki/Libertarian_paternalism> . In arguing that >> theory, he counsels thinkers/academics/politicians to embrace the findings >> of behavioral economics as applied to law, maintaining freedom of choice >> while also steering people's decisions in directions that will make their >> lives go better. With [Richard] Thaler, he coined the term "choice architec >> <http://en.wikipedia.org/wiki/Choice_architecture> t" [for the person who >> frames the options, for example someone who chooses how [similar] products >> are displayed [differently] in a supermarket >> <http://en.wikipedia.org/wiki/Supermarket> .] >> >> >> >> In his book "Democracy and the Problem of Free Speech," Sunstein says there >> is a need to reformulate First Amendment law >> <http://en.wikipedia.org/wiki/First_Amendment_to_the_United_States_Constituti >> on> ... "In light of ... economic changes, we must doubt whether, as >> interpreted, the constitutional guarantee of free speech is adequately >> serving democratic goals.² >> >> >> >> Rights to private property, freedom of speech, immunity from police abuse, >> contractual liberty and free exercise of religion --just as much as rights >> to Social Security-- are taxpayer-funded and government-managed "social >> services" ... There is no liberty without dependency. > > http://en.wikipedia.org/wiki/Adrian_Vermeule > > Adrian Vermeule, a graduate of Harvard College > <http://en.wikipedia.org/wiki/Harvard_College> and Harvard Law School > <http://en.wikipedia.org/wiki/Harvard_Law_School> , has been Professor of Law > at Harvard Law School <http://en.wikipedia.org/wiki/Harvard_Law_School> since > 2006 and was named John H. Watson Professor of Law in 2008. He was a Visiting > Professor of Law in 2005. His writings focus on institutional theory, and he > teaches Administrative Law, Legislation, Constitutional Law, and National > Security Law. > Vermeule was on the faculty of the University of Chicago Law School > <http://en.wikipedia.org/wiki/University_of_Chicago_Law_School> from 1998 to > 2005. Before entering teaching, he served as a clerk to Supreme Court > Associate Justice Antonin Scalia <http://en.wikipedia.org/wiki/Antonin_Scalia> > and Judge David Sentelle <http://en.wikipedia.org/wiki/David_Sentelle> ^ of > the U.S. Court of Appeals for the District of Columbia Circuit. >> >>> >>> >>> ^Reagan nominated Sentelle to a position on the United States Court of >>> Appeals for the District of Columbia Circuit >>> <http://en.wikipedia.org/wiki/United_States_Court_of_Appeals_for_the_Distric >>> t_of_Columbia_Circuit> to replace Antonin Scalia >>> <http://en.wikipedia.org/wiki/Antonin_Scalia> . Sentelle was confirmed on >>> September 9, 1987. On the D.C. Circuit, Sentelle voted to overturn the >>> convictions of Oliver North <http://en.wikipedia.org/wiki/Oliver_North> >>> and John Poindexter <http://en.wikipedia.org/wiki/John_Poindexter> , along >>> with Judge Laurence Silberman >>> <http://en.wikipedia.org/wiki/Laurence_Silberman> . He served on the >>> Special Division of the Court which appointed Kenneth Starr >>> <http://en.wikipedia.org/wiki/Kenneth_Starr> to investigate the >>> allegations against President Bill Clinton >>> <http://en.wikipedia.org/wiki/Bill_Clinton> with respect to the Whitewater >>> affair. In 2007 <http://en.wikipedia.org/wiki/2007> , in Boumediene v. Bush >>> <http://en.wikipedia.org/wiki/Boumediene_v._Bush> , 375 U.S. App. D.C. 48, >>> Judge Sentelle concurred with Judge Arthur Raymond Randolph >>> <http://en.wikipedia.org/wiki/Arthur_Raymond_Randolph> , relying on Johnson >>> v. Eisentrager <http://en.wikipedia.org/wiki/Johnson_v._Eisentrager> , to >>> uphold the Military Commissions Act of 2006 >>> <http://en.wikipedia.org/wiki/Military_Commissions_Act_of_2006> 's >>> suspension of habeas corpus <http://en.wikipedia.org/wiki/Habeas_corpus> >>> for enemy combatants <http://en.wikipedia.org/wiki/Enemy_combatants> as >>> constitutional. http://en.wikipedia.org/wiki/David_B._Sentelle >>> <http://en.wikipedia.org/wiki/David_B._Sentelle> > Works > * Law and the Limits of Reason (Oxford University Press 2008) > * Mechanisms of Democracy: Institutional Design Writ Small (Oxford University > Press 2007) > * Terror in the Balance: Security, Liberty, and the Courts (with Eric Posner > <http://en.wikipedia.org/wiki/Eric_Posner> *) (Oxford University Press 2007). >> >>> >>> *Eric A. Posner (born 1965) is a law professor >>> <http://en.wikipedia.org/wiki/Law_(academic)> at the University of Chicago >>> Law School <http://en.wikipedia.org/wiki/University_of_Chicago_Law_School> . >>> He is the son of the prominent federal appellate judge >>> <http://en.wikipedia.org/wiki/United_States_Court_of_Appeals_for_the_Seventh >>> _Circuit> Richard Posner <http://en.wikipedia.org/wiki/Richard_Posner> <a >>> Reagan appointee best known for providing sweeping legal arguments in >>> support of Neocon policies> . >>> >>> >>> >>> His current research focuses on international law >>> <http://en.wikipedia.org/wiki/International_law> and international >>> tribunals >>> <http://en.wikipedia.org/w/index.php?title=International_tribunal&action=edi >>> t&redlink=1> . He has written about the trial of the deposed Iraqi >>> president Saddam Hussein <http://en.wikipedia.org/wiki/Saddam_Hussein> . In >>> Terror in the Balance: Security, Liberty, and the Courts (2007), he argued >>> that courts should be more deferential to executive [privileges] during >>> emergencies than during normal times >>> >>> >>> >>> Among Posner's works: >>> >>> >>> >>> "Judicial Cliches on Terrorism >>> <http://www.law.uchicago.edu/news/posnervermeulecliches.html> ," Washington >>> Post <http://en.wikipedia.org/wiki/The_Washington_Post> , August 8, 2005 >>> (with Adrian Vermeule <http://en.wikipedia.org/wiki/Adrian_Vermeule> ). >>> >>> >>> >>> The Limits of International Law <http://www.amazon.com/dp/0195168399> >>> (Oxford University Press 2005) (with Jack Goldsmith >>> <http://en.wikipedia.org/wiki/Jack_Goldsmith> **). >>> >>>> >>>> >>>> >>>> **Jack Landman Goldsmith is a Harvard Law School >>>> <http://en.wikipedia.org/wiki/Harvard_Law_School> professor "widely >>>> considered one of the brightest stars in the <neo>conservative >>>> <http://en.wikipedia.org/wiki/Conservatism> legal firmament." From >>>> October 2003 to July 2004, he served under Attorney General John Ashcroft >>>> <http://en.wikipedia.org/wiki/John_Ashcroft> as an United States >>>> Assistant Attorney General >>>> <http://en.wikipedia.org/wiki/United_States_Assistant_Attorney_General> >>>> for the Office of Legal Counsel >>>> <http://en.wikipedia.org/wiki/Office_of_Legal_Counsel> in the Department >>>> of Justice >>>> <http://en.wikipedia.org/wiki/United_States_Department_of_Justice> , and >>>> wrote a book about his experiences there called "The Terror Presidency." >>>> (Some of the assertions made in that book include that the Chief of Staff >>>> <http://en.wikipedia.org/wiki/Chief_of_staff_(politics)> to Vice President >>>> <http://en.wikipedia.org/wiki/Vice_President_of_the_United_States> Dick >>>> Cheney <http://en.wikipedia.org/wiki/Dick_Cheney> , David Addington >>>> <http://en.wikipedia.org/wiki/David_Addington> , said "We¹re one bomb away >>>> from getting rid of that obnoxious court," referring to the secret FISA >>>> <http://en.wikipedia.org/wiki/FISA> court that rules on warrants for >>>> secret wiretapping <http://en.wikipedia.org/wiki/Wiretapping> by the >>>> United States <http://en.wikipedia.org/wiki/United_States> government.) > * Judging Under Uncertainty: An Institutional Theory of Legal Interpretation > (Harvard University Press 2006) > * Administrative Law and Regulatory Policy: Cases and Materials (with Stephen > Breyer <http://en.wikipedia.org/wiki/Stephen_Breyer> , Richard Stewart & Cass > Sunstein <http://en.wikipedia.org/wiki/Cass_Sunstein> ) (6 ed. 2006). > > > ------ End of Forwarded Message
