untouchables

Why Can’t We Rein in Police Misconduct? Blame Prohibition

America’s crusade against alcohol ended over seven decades ago with the 21st Amendment. But Supreme Court decisions aimed at curbing police misbehavior during Prohibition—by excluding evidence obtained unlawfully—have complicated efforts to hold law enforcement accountable for its actions today, according to a new book by a Pennsylvania law professor.

supreme court

On Criminal Justice, Kavanaugh Might Be More Centrist than Kennedy

Some commentators argue that Brett Kavanaugh will shift the Supreme Court to the right, based on metrics that show him more conservative than retiring Justice Anthony Kennedy. But a close look at how Kennedy voted in more than a dozen cases reveals he was far from a “moderate” on criminal procedure—which suggests Kavanaugh might actually move the court towards the center on those issues, writes a former federal prosecutor.

law books

Memo to the New Court: Let’s Avoid ‘Stupid’ Law

A former Supreme Court Justice once said, allegedly quoting Thurgood Marshall, that the Constitution doesn’t prohibit legislatures from enacting “stupid laws.” The only check on judicial ignorance or duplicity is engaged voters, says a commentator on drug issues.

supreme court

Will the Roberts Court Defend Online Fake News?

A professor at the University of California Davis School of Law predicts Supreme Court justices will defend the First Amendment principles of free speech against government attempts to curb Internet abuses—even when those abuses involve promoting falsehoods online.

Does the Constitution Protect Stun Guns?

Massachusetts is one of four states that ban civilians from possessing Tasers and stun guns. A U.S. District judge is expected to rule soon on whether the ban violates the Second Amendment.