Category: Law, Crime, & Justice

Sarah Lazare: Here Comes the Police State: New Laws Aim for Brutal Crackdown on Protest

Many bills advancing at state level along with executive orders are part of Trump “law and order”

Marjorie Cohn: Trump Challenges the Limits of Executive Power

The responsibility of the courts to check the president’s authority has been a core part of the US governmental framework since its inception

Ellen Condliffe Lagemann: The recidivism rate for graduates of the Bard Prison Initiative is 2 percent—compared to a national rate of return to prison of over 50 percent.

The following is an excerpt from the new book Liberating Minds: The Case for College in Prison by Ellen Condliffe Lagemann (The New Press, February 2017):  On a hot June day in 2008, I sat with about one hundred other visitors in the yard of the Woodbourne Correctional Facility in upstate New York. We had come for the Read more…

Marjorie Cohn: Toxic Policies of ‘President Agent Orange’

Rapper Busta Rhymes pegged it at the Grammy Awards when he referred to Donald Trump as “President Agent Orange.” While performing with A Tribe Called Quest and Anderson Paak, Rhymes used the opportunity to call out Trump for his Muslim ban and “all of the evil” Trump has perpetrated since assuming the presidency three weeks Read more…

David Swanson: Which Washington Crimes Matter Most?

Michael Flynn participated in mass murder and destruction in Afghanistan and Iraq, advocated for torture, and manufactured false cases for war against Iran. He and anyone who appointed him to office and kept him there should be removed from and disqualified for public service. (Though I still appreciate his blurting out the obvious regarding the Read more…

Garrett Epps: Trump Tried to Intimidate the Judges Over His Ban, and He Failed

“Make this one out of cast-iron,” the late Judge John Butzner said to me one day in chambers. “There are going to be a lot of weasels sniffing around it.” I was Butzner’s clerk. He was assigning me to draft an opinion in a case on an abstruse point of federal law. No court had Read more…

Marjorie Cohn: Gorsuch Endangers Civil, Human and Environmental Rights

As promised, President Trump has nominated to the Supreme Court a judge in the mold of the late Justice Antonin Scalia. Neil Gorsuch, like Scalia, is an “originalist,” who interprets the Constitution the way he thinks the founders intended and a “textualist,” who favors the plain meaning of statutes and the Constitution. Gorsuch is a Read more…

Sue Sturgis: The Big Money crisis facing state supreme courts

As attention turns to President Trump’s Supreme Court nominee, state courts that handle a million times more cases face an unprecedented threat to their integrity from secretive special-interest spending

Juan Cole: In Shocker, Federal Judge in Seattle Halts Trump Muslim Ban

When Trump issued his executive order halting immigration from seven countries, suspending the refugee program, and banning Syrian refugees indefinitely, I wrote that he might well get away with it, since the judiciary tends to defer to the executive on issues of national security and on foreign affairs. This one is both. But I was Read more…

Cora Currier: Based on a Vague Tip, the FBI Can Surveil Anyone

Previously unreleased information shows just how powerful an intelligence apparatus the FBI draws on even for low-level checks, known as “assessments”

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