In Glossip v. Gross, the Supreme Court held that in order to prevail on the claim that a method of execution is cruel and unusual punishment, petitioners must prove that there is an available alternative that entails a lesser risk of pain.... Read more about Religious Objections to the Death Penalty After Hobby Lobby
In 1985, Michael J. Fox was speeding back in time via a DeLorean on movie screens while the U.S. government was ushering in the Internet Age on computer screens.... Read more about Take U.S. Internet Regulations Back to the Future
The criminal justice system—like any system that involves human judgment and decision making—is ineluctably fallible. Two different types of errors can occur during the administration of criminal justice: a false positive (i.e., convicting a factually innocent person) and a false negative (i.e., acquitting a factually guilty person).... Read more about Criminal Justice Policy Preferences: Blackstone Ratios and the Veil of Ignorance
The Supreme Court decision in the Myriad gene patenting case was heralded by many as a major event. After 30 years of patenting history, the Justices unanimously declared that isolated gene sequences are ineligible for patenting. Despite the chorus of joy emanating fro... Read more about Gene Patenting After the U.S. Supreme Court Decision—Does Myriad Matter?
The Supreme Court’s greatest assets are its integrity and the public’s trust. Yet while the Code of Conduct for United States Judges binds every lower federal court judge, and every state judge is subject to a corresponding code of ethics, the nine justices of the Supreme Court are not subject to any binding code of ethics. Both to help ensure ethical conduct by the justices and to reassure the American people of the integrity of the Court, our highest court must be held to a code of conduct.... Read more about Supreme Unaccountability: The Nine Federal Judges to Whom No Code of Ethics Applies
The Professional and Amateur Sports Protection Act (“PASPA”) was a piece of federal legislation passed in 1992. The statute granted Major League Baseball (“MLB”), the National Football League (“NFL”), the National Basketball Association (“NBA”), the National Hockey League (“NHL”), and the National Collegiate Athletic Association (“NCAA”) (collectively the “Sports Leagues”) the ability to enforce the statute alongside the Department of Justice (“DOJ”).... Read more about Sports Gambling Regulation and Your Grandfather (Clause)
Despite some real progress made the last few years, our nation has yet to seriously address our self-inflicted fiscal crisis. Even with slight increases in revenues and an emphasis on spending reductions, Washington has continued to run deficits that number in the hundreds of billions each year. Our national debt now tops $17 trillion, and growing, and $12 trillion of that has been added since 2001.... Read more about Saving Us From Ourselves: The Pursuit of Fiscal Sanity
On November 21, 2013, Senate Majority Leader Harry Reid declared that “unbelievable, unprecedented obstruction” by Republican filibusters had made the confirmation process “completely unworkable.” As a result, he said, Democrats were forced to eliminate virtually all nomination filibusters. This Article examines how and why the Democrat Senate made such a sweeping change to the confirmation process. ... Read more about How 52 Senators Made 60 = 51