Members of Congress Work to Rein In Overcriminalization in America
What do a legendary guitar maker and a lobster importer have in common? Both are alleged to have run afoul of the Lacey Act, one… Read More
U.S. v. Heicklen: The Nullification of Free Speech
Prosecution for exercising one’s free speech rights is becoming a trend in the current Administration and the Department of Justice (DOJ). In April, the Legal… Read More
Judicial Mischief in Wisconsin Surrounds Effort to Recall Gov. Walker
The political battle over Wisconsin Governor Scott Walker’s (R) recall is heating up. Four Democrats have filed paperwork to appear on the ballot opposite Walker,… Read More
The FOCUS Act and Federal Law Enforcement
An article by Jon Adler at “Police: The Law Enforcement Magazine,” (Last viewed Apr. 11, 2012), written on behalf of the Federal Law Enforcement Officers… Read More
Criminal Law Will Go On
Everywhere you turn, there’s no escaping the 100 year commemoration of the ill-fated voyage of the Titanic. The film is back in the theaters—in 3D… Read More
Deferring to Congress on ObamaCare
In a Washington Post opinion piece, Charles Krauthammer makes the case that it is ObamaCare that is on trial—not the Supreme Court. The focus should… Read More
Overcriminalization Interrupted: Senate Passes House Version of Stock Act
“Hallelujah” overstates the point, but we are pleased that the Senate on Thursday accepted the revisions to the STOCK Act made by the House of… Read More
Medical Malpractice Reform: States vs. the Federal Government
Medical malpractice reform is needed in many different states, but an effort currently underway on this issue in Congress is misguided. Legislatures in places like… Read More
Overcriminalized Bill of the Week: We Already Know Witness Tampering is Bad
One of the three aspects of overcriminalization that we highlight in our weekly e-mail alerts is “Federalizing crime that properly belongs under state and local… Read More
New York Times Flip Flops on Nominee Filibuster
In an editorial last month, The New York Times argued that the Senate should adopt President Obama’s plan requiring the Senate to vote on judicial… Read More
The Way to Stop Discrimination Is to Stop Discriminating
In what is most likely a positive development, the Supreme Court has granted certiorari in Fisher v. University of Texas, a lawsuit filed by Abigail… Read More
“Fashionably Late”? Try “Criminally Late”
Everyone knows that showing up late generally is a bad idea. But is it so bad that it ought to be punished criminally? To some… Read More
Beware the “Public Corruption” Amendment to the STOCK Act
Perhaps not so surprisingly, Washington politicians on both sides of the aisle are opposed to the recent change by Representative Eric Cantor (R–VA) and the… Read More
A Bird-Brained Use of the Migratory Bird Treaty Act
Do you own a home with large windows? Is there a cat that you let out in your backyard? If so, then you might just… Read More
Senate’s Public Corruption Move Raises Overcriminalization Concerns
The Senate is currently considering the addition of a public corruption bill as an amendment to the STOCK Act. While the goal of reining in… Read More
Missing the Mark on Military Commissions
Last week, I again had the privilege of traveling to Guantanamo Bay to observe a military commission proceeding as an invited representative of a non-governmental… Read More
Landmark Supreme Court Ruling on Technology and the Fourth Amendment
On Monday, the Supreme Court issued an important ruling on the subject of surveillance in light of today’s technologies. Its opinion in United States v…. Read More
Supremes Shut Down Judicial Activism Over Voting Maps
Today, the Supreme Court tossed out the work of a district court that attempted to force its own electoral maps on the state of Texas, while… Read More
Is Coal de Minimus? The Problem with the Alabama Ethics Commission
In the wake of a number of corruption scandals, the Alabama legislature endeavored to reform their system by enacting tough ethics laws. But does that… Read More
Rick Santorum, Felon Voting, and the Constitution
Last night’s Republican presidential debate raised the issue of felon voting. Rick Santorum was challenged over his vote for federal legislation that would automatically restore… Read More
BREAKING: Perry, Gingrich, Santorum, Huntsman Will Not Be on Virginia Ballot
BREAKING NEWS—Rick Perry, Newt Gingrich, Rick Santorum, and Jon Huntsman will not be on the Virginia GOP ballot. Federal district court Judge John Gibney has… Read More
Online Chat on Obama’s Appointments
Obama made a big splash last week when he appointed a new head of the Consumer Financial Protection Bureau (CFPB) and three appointments to the… Read More
Whitewash on Illegal Appointments Won’t Work
The Obama Administration’s 23-page Office of Legal Counsel (OLC) opinion rationalizing illegal appointments the President made last week, released this morning, falls far short of… Read More
Morning Bell: Obama’s Arrogant Authoritarianism
Last week, President Barack Obama took the latest step on his road toward an arrogant, new authoritarianism with four illegal appointments that entirely trampled on… Read More
Sackett v. EPA: Supreme Court Takes Up Property Rights Case
Today the Supreme Court will hear oral argument in Sackett v. EPA, one of the most important property rights cases to reach the Court in… Read More
Morning Bell: Obama’s Tyrannical Abuse of Power
Standing behind a podium on a stage just outside Cleveland, President Barack Obama delivered a speech yesterday that will reverberate throughout history. No, its lasting… Read More
Members of Congress React to Obama’s Abuse of Power
The White House announced today that President Barack Obama plans to attempt a “recess appointment” of Richard Cordray to direct the Consumer Financial Protection Bureau, in… Read More
A Tyrannical Abuse of Power: Obama Attempts to Appoint Cordray to CFPB
In a revelation that is quite shocking to anyone who knows anything about the 100-plus years of precedent on the recess appointment power or the… Read More
DOJ Could Find ‘Discriminatory’ ID Requirements in Medicaid
As outlined in a Foundry post last week, the Justice Department’s objection to South Carolina’s new voter ID law is not based on the facts… Read More
Morning Bell: Voter ID Prevents Election Fraud
Last night’s nail-biter in Iowa marked the beginning of election year 2012. And with Americans heading to the polls — next in New Hampshire, then… Read More
