Professor Malvina Halberstam: "Failure to Mirandize Does Not Violate Constitution"

National Law Journal - Much of the discussion in the media on whether the surviving Boston bombing suspect should have been given Miranda warnings when he was arrested appears to be based on a misconception: that law enforcement officers are required to give suspects the warnings set forth in Miranda v. Arizona and that failure to do so is a violation of the law, at least if the public-safety exception doesn't apply. That is not correct.

Ed Zelinsky: Adopt the Marketplace Fairness Act

Huffington Post - The Marketplace Fairness Act, just approved by the U.S. Senate, is a rare phenomenon: a bill with strong bi-partisan support and an accurate title. The Act would indeed establish fairness in the marketplace by imposing on out-of-state internet and mail order sellers the same sales tax withholding requirements now imposed only on in-state brick-and-mortar businesses.

Berman and Protass: A Saner Approach to Sentencing

May 7, 2013 Wall Street Journal - There are few topics on which leading Democratic and Republican voices agree these days. But the recently introduced Justice Safety Valve Act of 2013—which would authorize federal judges to impose prison terms below statutory mandatory minimums in some cases—represents a new bipartisan effort at addressing America's overcrowded prisons and bloated budget. Passage of the act, though, will depend on President Obama and his Justice Department getting behind it.

America Doesn’t Need Google Fiber Everywhere — But We Do Need its Buzz

By Susan Crawford - I’ve said before that it’s time to fix the pitifully slow, expensive Internet access in the United States: It is ridiculous that 19 million Americans can’t subscribe to high-speed Internet access because they live in areas that private companies believe are too expensive to serve. It’s even more ridiculous that one of the most technologically savvy countries in the world can’t offer reasonable prices compared to other places.

Professor Deborah Pearlstein: Congress Shouldn't Give the President New Power to Fight Terrorists

Slate - Though no one much noticed amid the debate over whether the CIA or the Pentagon should be in charge of drone strikes, last week the Senate Foreign Relations Committee heard testimony on the need for a new and improved law authorizing the president to use lethal force against a new and changeable set of terrorist groups.

The Appeal of the Courts

Each of these cases could have gone a different route: U.S. special operations forces could have targeted each man, relying on the same statutory authority to use military force that has animated U.S. military counterterrorism operations since just after 9/11. Had either been in Afghanistan or Pakistan, that might have been what happened. But after 12 years of war, we have learned that we can neither kill our way to victory, nor rely on military force alone.

Professor Marci Hamilton: A New Pope, A New Beginning...?

By Marci A. Hamilton - The American Cardinals will now return to the United States and, in all likelihood, will persist with their heartless fight against legal reform for victims. And victims will continue to beseech their legislators for a mere chance at justice. The victims will win in the end, because righteousness is on their side.

Secrets in the Vatican, Sunshine Here in the US

By Marci A. Hamilton

March 14, 2013 Huffington Post - When the Roman Catholic Cardinals gathered for their secret Vatican conclave to choose Jorge Cardinal Bergoglio of Argentina as the new pope, it was impossible not to be reminded of the global sex abuse scandal that has scandalized the church over the past decade.

Wireless Competition That AT&T and Verizon Need

By Susan Crawford -

Tantalizing reports that Americans might soon be getting free nationwide wireless Internet access, courtesy of the Federal Communications Commission, have turned out to be exaggerated. But wouldn’t we all welcome mobile connectivity at a reasonable price? The FCC should take steps to make that possible through competition in the wireless marketplace.

For stronger gun control laws; against the divestiture of gun stocks

By Edward Zelinsky -
Even before the events in Newtown, I supported the strengthening of gun control laws.