Criminal Justice
ACLU Sues Pennsylvania For Putting Death Row Inmates in Permanent Solitary Confinement
"This is a profoundly damaging practice. It destroys people."
Baltimore Cops on Trial for a Criminal Conspiracy That Looks a Lot Like Everyday Policing
Armed robbery, extortion...and keeping the money for themselves.
Texas Cops Charge 'Child Sex Trafficking Victim' With Felony
They also arrested her younger friend for prostitution.
Larry Nassar Sexually Abused More Than 100 Girls. That Doesn't Mean He Should Be Raped in Prison.
"Our Constitution does not allow for cruel and unusual punishment," said Aquilina. She should have stopped there.
Fairfax Police Chief Releases Video of Fatal U.S. Park Police Shooting
The FBI has not released the names of the cops or any other information since opening an investigation.
Man Incarcerated for 6 Years Without a Trial Because He Demanded a Speedy Trial
What the 2nd Circuit's opinion in U.S. v. Tigano reveals about the state of our criminal justice system
Washingtonians to Vote on Making It Easier to Convict Cops for Using Deadly Force
The measure would also require officers to render first aid directly after shootings and undergo new training.
A Year After Reforms, Virginia Still Suspends Nearly 1 Million Driver's Licenses For Court Debts
That's one out of every six licensed drivers in the state.
Militarized Police Events Are Now Routine
And illustrate the pressing need for civilian oversight.
My Upcoming Speaking Engagements
My upcoming public speaking engagements for the next few months. Covering topics like political ignorance, federalism, immigration, and others.
Alabama Raked in $2.2 Million in Civil Asset Forfeiture in 2015
A new bill introduced by state lawmakers would require a criminal conviction for the government to keep someone's property.
Police Wrongdoing Cost New Jersey Taxpayers $42 Million in the Last 10 Years
In scores of secret settlements, local governments have sought to hide cops' crimes and brutality.
The Feds Are Just 'Safeguarding' Money Seized Through Asset Forfeiture and Civil Fines
U.S. prosecutors in Northern Georgia alone helped collect millions in asset forfeiture actions, civil and criminal fines last year.
We Have Opinions (from SCOTUS)
The Supreme Court issues three opinions, for a grand total of four so far this term.
Linguification
When (often plausible) claims about substance get recast as (unsound) claims about language.
Dallas Cash Bail System Leaves Poor Languishing In Jail, Lawsuit Says
"The county operates a wealth-based system of detention. Every day people are held in jail simply because they can't afford very small amounts of money."
Did unmasking reform clinch the deal for 702 reauthorization?
Episode 199 of the Cyberlaw Podcast
200. Will fitness tracking turn into an entirely new 702 intelligence program?
Episode 200 of the Cyberlaw Podcast
Inconceivable Rights: I Do Not Think That Word Means (Just) What You Think It Means
The infection of postmodernism apparently goes way back.
NYC Police Union to Limit 'Get Out of Jail Free' Cards
Some cops are livid, the New York Post reports.
Reminder: The Parts of the Federal Government Authorized to Shoot You Are Still Functioning
The federal "shutdown" doesn't lead to anarchy. It won't even lead to less government spending.
How "Rights" Are Like Superscript -1
Legal language, like mathematical language, often gives multiple definitions to similar terms.
Supreme Court Takes Up Internet Sales Tax Conundrum
Why I hope the Court leaves its "physical presence" rule for sales tax collection intact, or How I Learned to Love the Dormant Commerce Clause.
Split the Baby. Drink the Poison. Carry the Hot Iron. Swear on the Bible
How courts exploit superstition to uncover hidden truths
Peffer v. Stephens, on Probable Cause and Home Computer Searches
A computer search decision from a new Sixth Circuit judge, John Bush, has been generating some controversy. Let's take a look.
D.C. Prosecutors Dismiss 129 Inauguration Day Protest Cases
The government now says it will prosecute only those it can prove committed specific criminal acts.
The Originalist Case for Jury Nullification
Is there a place in our system for a jury to acquit because the jurors believe the underlying law is unconstitutional?
Tennessee Deputy Who Suffered Panic Attack After Firing At Unarmed Man Had Track Record of Lying and Incompetence at Previous Police Department
Deputy Justin M. Johnson should never have been given a badge and a gun.
Bill Introduced to Stop Civil Forfeiture Funding of DEA Marijuana Eradication Program
"DEA's use of proceeds acquired through civil asset forfeiture to expand marijuana enforcement makes the already unacceptable practice even worse."
4th Circuit Approves Imprisonment of Sex Offender Convicted of a Nonexistent Crime
Although his conviction was invalid, the appeals court says, his civil commitment as a "sexually dangerous person" remains legal.
L.A. County Sheriff's Deputy Accused of Selling Drugs, Offering Protection to Dealers
Arrested by the FBI, the deputy will be suspended without pay during the criminal case.
NYC Police Union Argues Releasing Body Cam Footage Violates Cops' Civil Rights
Suing to prevent such releases.
NYPD Officers Investigated for Illegal Gun Searches
Officers could face charges for perjury, official misconduct
Kamala Harris: No Friend to Criminal Justice Reform
She didn't push for reform when she had the opportunity as district attorney and as attorney general.
U.S. Marshals Will Auction $52 Million of Bitcoin Seized Through Asset Forfeiture
More than 3,800 Bitcoin will be auctioned on January 22, including those taken from vendors on cryptomarkets like SilkRoad and AlphaBay.
New D.A. Larry Krasner Cleans House in Philadelphia
In his first days in office, the activist turned prosecutor has dismissed 31 career staff.
The Phony Feminism of Kamala Harris
Harris only cares about other women's rights when those rights don't conflict with her career ambitions.
Matt Taibbi on Misogyny, the Left vs. Free Speech, and the Killing of Eric Garner
"I'm just sort of accidental collateral damage to a larger thing that's going on."
Darrell Issa Retiring from Seat He Barely Won Last Time
The congressman leaves with a mixed record.
Kamala Harris Went to Bat for Dirty Prosecutors as California Attorney General
The newest member of the Senate Judiciary Committee has a record on criminal justice. Some of it's not pretty.
New Jersey Prisons Back Off Ban of The New Jim Crow, But Censorship Behind Bars Is Still Widespread
Texas alone bans 10,000 books, including The Color Purple and Where's Waldo?
Duped by State Detectives, Pennsylvania Police Chief Shows Up at Sheetz Gas Station for Sex With Underage Girl
Chief Michael Diebald was allegedly undeterred when the "girl" said she was in eighth grade-"everyone has to have a first time," he told her.
California Mulls Bail Reform
As the state legislature reconvenes, getting rid of cash bail will likely be on the table.
'The War on Pot…Has Affected Millions of Lives in This Country Negatively'
Sticking up for pharmacological freedom on Fox Business Network
New York Gov. Cuomo Proposes Positive Criminal Justice Reforms
Less pretrial jail, more forfeiture restrictions
Doctors Call for Decriminalization of Self-Induced Abortion
With abortion pills easily accessible online, the issue could be a big one in coming years.