Format: 2013-06

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

May 14, 2013
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

May 9, 2013
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 8, 2013
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

Apr 16, 2013
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

Mar 28, 2013
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

Mar 25, 2013
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.
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