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Justice Thomas: Civil Forfeiture May Violate Due Process
March 8, 2017 (Fault Lines)—The Supreme Court recently denied cert in one of those classic cases: good facts mixed with incomplete lawyering. But in a stirring dissent, Justice Thomas may have provided the roadmap to a... -
First Circuit to Police: Are You Stupid or Malicious?
March 3, 2017 (Fault Lines)– The First Circuit Court of Appeals recently vacated the dismissal of a case that poses the question: can a police department that does everything in its power to get you murdered... -
The Lawyer Who Was Worse Than Nothing
Judge Lisa Richette was a sensitive soul. Reportedly, a pretty defense-friendly one too. Local lawyers would waive their right to a jury trial in front of her, hoping for a more favorable outcome. And this did... -
7th Circuit Rules Lethally Neglected Inmate Can Sue
February 24, 2017 (Fault Lines)– If Nicholas Glisson were a person society valued, there would be murder charges. Media at the gates. Perp-walks and boxes taken from the Indiana Department of Corrections to waiting FBI vans.... -
At Long Last, Prosecutors Have Something to Fear
February 22, 2017 (Fault Lines) — Good prosecutors are guided by their conscience. And bad ones are guided by their pride, ambition, and the slight chance of professional consequences if they stray outside the lines. Like... -
Teen Sexting Needs Constitutional Protection
February 15, 2017 (Fault Lines) — Americans believe strongly in two important principles: We have to protect our children from sexual predators. It’s morally acceptable to put children in an enclosed space with sexual predators. Unfortunately,... -
Police Unions Are Still A Bad Idea
February 10, 2017 (Fault Lines) — FDR, the quintessential progressive, had no problem with unions. But he made one exception: All Government employees should realize that the process of collective bargaining, as usually understood, cannot be... -
Violence Persuades No One
February 8, 2017 (Fault Lines) — Progressives love recycling. Bottles, cans, paper, and now, the notion that some people’s ideas are so dangerous they can be met only with violence, rather than debate. All this is... -
Founder of Fascism Forever a Pretty Good Pick
February 3, 2017 (Fault Lines) — It really didn’t matter who Trump appointed. There was going to be some sort of knee-jerk opposition. And that opposition was going to be based more on how unfair it... -
Judge Pryor Mildly Disapproves of Throwing Bombs at Sleeping People
February 1, 2017 (Fault Lines) — It’s not often that anyone in the criminal defense community has something nice to say about Judge Pryor of the 11th Circuit. But, a recent opinion disallowing the use of...