Showing posts with label law. Show all posts
Showing posts with label law. Show all posts

The Case Against Jury Nullification -- Rebutted

by Ilya Somin, Washington Post.    JUSTICE IS A RESULT, not just a process. In a recent post, co-blogger Orin Kerr offers a thoughtful critique of my and Glenn Reynolds’ recent defenses of jury nullification. Orin’s points have some validity.  But, on balance, I still think that jury nullification is likely to be more beneficial than harmful relative  ... MORE

Explaining Jury Nullification To A Sitting Judge

by Scott Shackford.    I spent a day last week immersed in Los Angeles County's immense judicial system downtown after being summoned to jury duty. My experience was not quite as vividly terrible as Matt Welch's in New York, partly because Los Angeles lets you complete your questionnaire and orientation videos online well in advance, and thus I was   ... MORE

G Bentley: Paper Explodes Feminist Myth That Women Are As Horny As Men And Calls For Legalization Of Prostitution

It is what it is.   Men’s demand for sex far outstrips that of women and the gap is set to widen with major implications for laws surrounding prostitution, according to a new paper from the Institute of Economic Affairs. One of the key claims in the IEA paper is that there is a major gap between men and women in sexual desire. “Male sexual      ... MORE

Ilya Somin: Rethinking Jury Nullification

The jury's equivalent power to prosecutorial discretion. Jury nullification occurs when jurors choose not to convict a defendant they believe to be guilty of the offense charged, usually because they conclude that the law in question is unjust or the punishment is excessive. When I first thought about jury nullification as a young law student,    ... MORE

VIDEO: The "Living, Breathing" Lie

Matthew Christ: Jury Nullification Is A Moral Duty

A power for the people.   Jury nullification does not exist and no jury or defendant has the right for an instruction regarding jury nullification. I am sure that some of you have just punched your monitors, or are incensed at my hubris for speaking the truth.  In libertarian circles, some topics get so occluded with angst that we forget it is impossible   ... MORE

D.A.R.E. Published An Op-ed Calling For Pot Legalization

by Claire Landsbaum.    It must unanimous now. The war on drugs is over, and weed won. D.A.R.E., the organization designed to plant a deep-seated fear of drugs in the minds of every late-20th-century middle schooler, published an op-ed calling for marijuana legalization. Written by former deputy sheriff Carlis McDerment in response to a letter  ... MORE

And You Thought Civil Asset Forfeiture Was Bad Enough…

by Trevor Burrus.    Remember Megaupload.com? It was once the 13th most popular website on the internet, with more than 82 million unique visitors and a billion total page views during its seven-year operation. The site allowed people to store files on the cloud for later use — and some users inevitably stored copyrighted TV shows, films, songs,   ... MORE

Starbucks Announces New Effort To Break Law

by Roger Clegg.    A plan to adopt racial hiring practices. According to the Wall Street Journal, “Starbucks Corp. is teaming up with more than a dozen companies in a commitment to increase hiring of young, minority workers over the next three years.” It’s unclear from the article exactly how race and ethnicity are to be used in the hiring process.    ... MORE

Supreme Court May Curb Power Of Public Employee Unions

by Michael Hiltzik. The author thinks this is bad news. To all those who detected a shift toward progressive thinking in the Supreme Court's rulings last week protecting the Affordable Care Act and legalizing gay marriage: You should stop celebrating now. That's because the court has taken up a case that poses a mortal threat to the cause of collective     ... MORE

'It's All About The Money:' Iraq War Veteran Ends Up Homeless After $25 Traffic Ticket Spirals To $4,000

by Charlene Adams.      California's money-making citation scheme. Critics are calling California's traffic citation system a money-making scam that targets the poor and places inappropriate fees on basic penalties from a citation. Four million California residents -- nearly 20 percent of the state's adult population -- currently have a suspended license   ... MORE

Government Study Confirms Marijuana Impairs Drivers Less Than Alcohol, Casts Doubt on Stoned Driving Definitions

by Jacob Sullum.   A new study by researchers at the National Institute on Drug Abuse (NIDA) confirms that marijuana has a less dramatic effect on driving than alcohol does and casts further doubt on the standard that Colorado and Washington use for determining when someone is too stoned to drive. In the double-blind study, 18 occasional cannabis   ... MORE

7 Bad Laws Undone By Good Jurors

A proud tradition of doing right when the law is wrong.  What is Jury Nullification? You won’t find it defined in your dictionary or described in your encyclopedia. You weren’t taught about it in school, and indeed it is even considered a crime to tell other people about it in some circumstances. Imagine that for a moment – it is a crime to   ... MORE

The Government Is Not Us: Mother Faces 30 Year Prison Sentence For Using Cannabis To Treat Crohn’s Disease

by Carey Wedler.     A prime candidate for jury nullification. Last month, Kansas mother Shona Banda made headlines when her son was removed from her custody after he defended her use of medical marijuana to treat Crohn’s Disease. He had spoken up about her use at an anti-drug presentation at his school. This prompted the school to call to ... MORE

Walter Olson: Jail For Missed Days at School?

The madness of truancy laws.    We've seen it happen again and again: libertarians are derided over some supposedly crazy or esoteric position, years pass, and eventually others start to see why our position made sense. It's happened with asset forfeiture, with occupational licensure, with the Drug War, and soon, perhaps, with     ... MORE

Andrew Napolitano: What If We Didn't Have A Constitution?

What if the rule of law is an illusion?    What if we didn't have a Constitution? What if the government were elected by custom and tradition, but not by law? What if election procedures and official titles and government responsibilities merely followed those that preceded them, and not because any of this was compelled by law,    ... MORE

Farmers Unable to Repair Tractors Because Of Copyright

by Rick Falkvinge.  Stories are starting to appear about farmers unable to repair tractors and car aficionados unable to tinker with cars because of copyright legislation. That's not a side effect. It was the whole idea of the law. This week, there have been stories about farmers who can’t legally repair their John Deere tractors, as copyright monopoly   ... MORE