Does Jury Nullification Undermine the Rule of Law?
In theory, yes. But not in the world we actually live in, where law enforcement is already rife with numerous discretionary decisions made unavoidable by the fact that we have far too many laws.
Law & Government
No Right to Earn a Living Via Prostitution, Says Federal Court
"There is no constitutional rights to engage in illegal employment," rules the 9th Circuit court.
Prosecute Former Spymaster James Clapper for Lying to Congress Now. Time is Running Out.
The former Director of National Intelligence lied under oath about warrantless NSA spying on American citizens.
Senate Votes to Shut Down Rand Paul Filibuster Against Surveillance Act Renewal
Lawmakers will advance legislation that expands the power of the feds to snoop on American citizens.
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.
How the Supreme Court Is Aiding and Abetting Occupational Licensing Abuse
Williamson v. Lee Optical of Oklahoma, Inc. should be overruled.
Tiny California City's Firefighting Reform Could Be Model for Others
Dealing with the pension crisis.
A California Judge Overstepped in Ordering Trump to Keep DACA
His heart is in the right place, but his conclusion is faulty.
New York City Unleashes Eminent Domain Abuse on Immigrant Dry Cleaners in East Harlem
Another day, another shady land grab scheme by New York officials.
Climate Lawsuits Against Big Oil Are Likely a Useless Distraction
Funny: These cities didn't disclose any concerns about climate change in their bond issues.
The Phony Feminism of Kamala Harris
Harris only cares about other women's rights when those rights don't conflict with her career ambitions.
Republicans Have Made Two Arguments for Bringing Back Earmarks. They're Both Wrong.
Republicans took control of Congress in 2010, in part, by promising to kill earmarks. They might lose Congress in 2018 by bringing them back to life.
Gov. Jerry Brown: Courts Must Let California Slash its Public-Sector Pensions
Upcoming state supreme court case may be a game-changer if it reverses "California Rule" holding pension promises inviolate.
Can the 'Automobile Exception' Run Over the Fourth Amendment?
Justices hear challenge to Virginia court's expansion of warrantless vehicle searches.
Darrell Issa Retiring from Seat He Barely Won Last Time
The congressman leaves with a mixed record.
CBO to Estimate That Repealing Obamacare's Individual Mandate Will Have a Smaller Effect on Health Insurance Coverage
New report suggests the Republican tax bill will have a smaller coverage effect, but cause an even bigger increase in the deficit.
Amash, Paul, and Others Trying to Stop Congress from Expanding Domestic Surveillance Powers
House to vote on a bill that would codify unwarranted searches of Americans' communications.
Federal Judge Blocks Trump from Rescinding Obama's Deferred Action for Childhood Arrivals Program
Citing Trump's "flawed legal premise," a federal court temporarily stops the administration from ending DACA.
Kamala Harris Now on Senate Judiciary Committee; Bad News for Second Amendment
The former California attorney general has a long history of hostility to Second Amendment rights.
Exchanging Dirty Jokes Is Now a 'Sexual Relationship' at George Washington University
Fired chemistry professor is suing the school.
4 Things Congress Can Do to Stop a Cannabis Crackdown
Will bipartisan criticism of Jeff Sessions' marijuana memo inspire legislative action?
Blame the Supreme Court for Letting the Feds Target Legal State Pot
The awful precedents that helped empower Attorney General Jeff Sessions
The Fourth Amendment, the Exclusionary Rule, and Illegal Government Searches
Why illegally obtained evidence is generally inadmissible in court.
When Judges Rule from Beyond the Grave
It seems some judges hold their offices for life . . . at least.
Prepaid Property Tax Perplexity Highlights the Tax Code's Confounding Complexity
Even the experts do not know what the law requires.
Congressional New Year's Resolutions
Read bills before voting, and other ways Congress can be less terrible in 2018.
Congress Kicks Surveillance Debate into 2018
Short extension of FISA snooping powers shoved into temporary spending bill.
The Buck Stops Over There
In his first year, Donald Trump took presidential blame shifting to new heights.
Another Winner From Tax Reform: State Governments
Taxpayers could end up sending hundreds of millions of dollars more to state treasuries as a result of slashing federal deductions and exemptions.
Appeals Court Rules Against Trump's Travel Ban 3.0
The court concluded that the travel ban exceeds the scope of presidential authority and violates immigration laws enacted by Congress.
Bruce Ackerman on the Need to Rein in Unconstitutional Warmaking Before it is Too Late
A prominent constitutional law scholar highlights the perils of wars waged without congressional authorization - a practice engaged in by Obama and now perpetuated by Trump.
Tax Reform Was Easy, Spending Cuts Are Un-possible
President Trump and the GOP leadership has already reneged on promises to tackle entitlements.
Will Opening Up the Arctic National Wildlife Refuge Spark Another Alaska Oil Boom?
And would that mean driving a stake through its "biological heart"?
Resolved: 15 Million Americans Would Be Better Off Without Welfare
Center for American Progress' Neera Tanden and Foundation for Government Accountability's Tarran Bragdon debate government handouts at the Soho Forum.
You Won't Be Able to Pay Taxes on a Postcard, and That's Exactly How H&R Block Likes It
The Republican tax bill means most Americans will keep more of the money they earn. But the process will still be frustrating and terrible.
Tax Bill Passes Congress—Are You Dead Yet???
Another day of cartoonish outrage in Washington.
Congress Mulls Passing Most Intrusive Federal Surveillance Bill Available (Update: Bill Is Dead 'For Now')
This FISA renewal bill would essentially gut the Fourth Amendment.
Trump's Phony Postcard Tax Return
The tax bill does not deliver the simplification that the president promised.
The GOP Tax Bill Isn't the End of the World. Far From It.
It's a conventional Republican tax plan with all the predictable problems - and benefits.
Rand Paul: No Surveillance Debate Means a No Vote on Spending Bill
Senators demand discussion of protections for Americans against unwarranted snooping.
Trump and the NFL Agree: Taxpayers Should Keep Subsidizing Stadiums
The NFL lobbied hard, and the president reportedly lent a hand.
Trump's Record on Judges
Recent focus on a few failed trial court nominations obscures impressive record of stellar nominees for appellate courts.
