Did you catch the news that Eric Holder and the geniuses at Justice persuaded a grand jury to indict five members of the Chinese military? The superhackers are charged with computer crimes: they've been snooping in the electronic entrails of American corporations, by golly. That's a federal crime, the administration claims.
I guess it's only a crime when others hack us. When we do it to ourselves, we call it patriotism. What a stupid prosecution.
The administration will never prosecute Gen. Keith Alexander for his various crimes, including lying under oath to Congress and...
May 24, 2014
Here’s a tip: If you want to avoid jury service, simply tell the judge you have a pre-paid vacation planned. No one will seek to verify if what you are saying is the truth. Vacations are the get-out-of-jail card for potential jurors. It works every time.
Of course, the real question is why you would want to do such a thing. Jury service is one of the few times in an average person’s life where they can have real civic efficacy. The decisions jurors make change lives for good or for ill. Ducking out on jury service is sort of like burning the flag on the Fourth of...
May 22, 2014
"[T]he great emancipatory gains for human freedom have not been the result of orderly, institutional procedures but of disorderly, unpredictable, spontaneous action cracking open the social order from below." Thus concludes James C. Scott's brief celebration of the joy and necessity of anarchism, Two Cheers for Anarchism, (Princeton University Press: Princeton, 2012).
Of course, Scott is right. Who foresaw the collapse of the Berlin Wall, the Arab Spring, the Occupy protests, or, most recently, the groundswell of popular protest in Brazil? When, one wonders, will the damn of restraint...
May 19, 2014
The Fifth Amendment provides that no one can be compelled to testify against himself. In other words, a person cannot be required to speak if his statements would tend to implicate him in a crime. The right is what lawyers call a testimonial privilege, and it is related to other areas declared off limits by the law, areas such as the attorney-client privilege or the matrimonial privilege.
But the law also guarantees to criminal defendants the right to present a defense. This right is anchored in the Sixth Amendment’s guarantee to a defendant of the right to use compulsory process...
May 18, 2014
May 17, 2014
I confess to being among those who regard the reach of the surveillance state with a tired sense of inevitability: I’ve long since grown...
May 7, 2014
“Congratulations,” the caller, another lawyer, said. “You hung ‘em up; I’d call that a...
May 4, 2014
Robert Ferguson's book on the American criminal justice system, Inferno: An Anatomy of American Punishment (Harvard University Press, 2014) ought to...
May 3, 2014
Perhaps the single most important moment in the debate about whether to approve the Green Haven condominium association project on Bethany’s...
April 30, 2014
Death comes swiftly, with a crushing finality, leaving the living numb with grief and overcome with loss. Our comings and goings remain stunning...
April 27, 2014
One measure of our humanity is how we treat the least among us. The future will judge us harshly, I am afraid. This is especially so regarding our...