The Official Website of

"The Magazine of the American Scene"
 
(c) 2015 The Society for
the Advancement of Education.
All Rights Reserved.
Search keyword(s): ' Law & Justice'
 
"Death-Qualification" Leads to Biased Juries Clay S. Conrad
Category: Law & Justice Published: March 2001
". . . The historical understanding of the jury as the 'conscience of the community' has become a hollow promise in capital cases."
 
(Cop)ping to the Cause Clark Neily
Category: Law & Justice Published: January 2021
". . . If you reflexively dismiss and condemn the anger that has been pouring into our streets without trying to understand its origin, then . . . you are part of the problem."
 
A Journey from Rock Bottom to Redemption Michael McCray
Category: Law & Justice Published: September 2018
Whistleblowers take care of people and society, but who takes care of them?
 
A Right to Be MADD Becky Iannota
Category: Law & Justice Published: May 2020
"While drunk driving deaths have fallen by half [in the last 40 years], it continues to kill more than 10,000 people a year and remains the No. 1 killer on our nation's roads. These aren't accidents. These are sudden, violent crimes."
 
Accommodating the Killer Richard E. Vatz
Category: Law & Justice Published: September 2008
"When defense mental health 'experts' testify to a lack of a defendant's criminal intent, these 'hired guns' are aiming to have the perpetrator confined to a psychiatric institution rather than a jail."
 
Adult Prisons: No Place for Kids J. Steven Smith
Category: Law & Justice Published: July 2002
"Incarcerated youths run a great risk for being assaulted by adult inmates, and adult prisons become schools of crime for these youngsters."
 
Advanced Technology Heats Up Cold Cases
News View Category: Law & Justice Published: April 2022
 
Ameliorating (Not!) Race Relations Richard E. Vatz
Category: Law & Justice Published: July 2015
"As long as politicians focus on limited aspects of the complex matter of violent and social unrest, this unrest will continue--with periods of quiet followed by violence and infinitum."
 
Bail Out Jeffrey J. Clayton
Category: Law & Justice Published: November 2016
"…We will find out if the geurrilla campaign to end all monetary bail will succeed legally and, if it does, see the spillover effect the movement has had in the halls of the political branches of state and local government."
 
Blackouts Seen in a New Light Donald F. Sweeney
Category: Law & Justice Published: March 2008
". . . If a person in a blackout cannot form intent, it is nothing less than a revolution in criminal justice."
 
Bullying by Any Other Name. . . Richard E. Vatz , Lee S. Weinberg
Category: Law & Justice Published: September 2010
". . . The juvenile versions of assault, battery, and harassment must be treated seriously, fairly, and firmly. Our children should not be forced to experience their school years at a life of constantly living in panic and fearing for their safety."
 
Bush Administration Abusing "Secret Law"
News View Category: Law & Justice Published: August 2008
 
Can We Be Safe and Free? The Dilemma Terrorism Creates Gene Stephens
Category: Law & Justice Published: January 2003
"Have the terrorists succeeded beyond their expectations by setting the U.S. on a course of suppression of the rights Americans cherish most--freedom of speech, expression, and movement?"
 
Challenging the Prison Industrial Complex Rachel Herzing , Melissa Burch
Category: Law & Justice Published: November 2003
"As states fail to fund health care, welfare, education, and transportation . . . The continued growth in corrections spending is extraordinarily stark."
 
Clinton "Fixes" Provide No Criminal Justice
News View Category: Law & Justice Published: August 2015
 
Code Blue! Eleanor Barlow
Category: Law & Justice Published: September 2021
"The volume and intensity of direct cyberattacks on hospitals and systems have increased during the COVID-19 pandemic."
 
Congress Should Not Repeal the Private Securities Litigation Reform Act Adam C. Pritchard
Category: Law & Justice Published: September 2003
Despite being tagged the "Corporate License to Lie Act" by critics, the law "strikes a balance between the goal of deterrence and the cost that securities fraud class actions impose on investors."
 
Containing Contentious Cops Clark Neily
Category: Law & Justice Published: January 2020
". . .Why shouldn't [a combination of] two approaches for resolving relatively minor conflicts--traffic tickets and small claims court--work with relatively low-level police misconduct?"
 
Criminal Neglect Joseph A. Califano Jr. , Charles W. Colson
Category: Law & Justice Published: January 2005
". . . A top-to-bottom overhaul of the nation's juvenile justice systems is mandatory if these [troubled youngsters] ever are to avoid becoming adult crime statistics."
 
Critical of Clinton Criticism Beate Chelette
Category: Law & Justice Published: September 2016
"[Hillary] has a long track record of accomplishments; her stance on women's issues is exemplary; and it is time to change the political landscape from 95% maen and five percent women to something more balanced."
 
DACA Decision: Come One, Come All David J. Bier
Category: Law & Justice Published: July 2020
"This Supreme Court decision is more meaningful than just preserving the status quo, and that is a good thing for Dreamers, their families, and the Americans who work with them or depend on them."
 
Does the Policy of Arming Teachers Miss the Mark? Jaclyn Schildkraut
Category: Law & Justice Published: November 2018
Is it true that "the only thing that stops a bad guy with a gun is a good guy with a gun"?
 
Doing Away with the "Only One-Fourth of One Percent" Solution Richard E. Vatz
Category: Law & Justice Published: March 2010
"Psychiatrists engage in many phony practices but none phonier than the insanity defense."
 
Family--and God--Comes First Ed Martin
Category: Law & Justice Published: March 2016
"…I thanked God for making [Father Paul Scalia] a good son, a great friend, and a priest of God. I worry about how he will miss his dad more than how we will miss the [Supreme Court] Justice."
 
Felons Deserve the Right to Vote Elizabeth Hull
Category: Law & Justice Published: January 2004
"Disenfranchisement laws not only are unfair, they are undemocratic and injurious. They compromise the country's political legitimacy and its moral authority to exact obedience and loyalty from those it presumes to represent."
 
Finding a Better Way Jay Schweikert
Category: Law & Justice Published: July 2020
Accountability measures that show an agency is serious about respecting the rights of all residents help police as much as they help communities being served. There's no better way to restore community trust, and the police cannot do their jobs w/o trust.
 
Firearms in the Third Dimension Michael Siegel
Category: Law & Justice Published: January 2019
"…While 3D-printed guns may seems scary, we should be more frightened by who is allowed to own comercially manufactured ones."
 
Get in Line Heather Mac Donald
Category: Law & Justice Published: May 2015
"Immigration policy should be forged with one consideration in mind: The U.S.'s economic self-interest. Immigration is not a service we provide to the rest of the world."
 
Getting Away with Murder: Vincent Gigante and Exculpatory Psychiatry Richard E. Vatz , Lee S. Weinberg
Category: Law & Justice Published: March 2004
"Gigante's guilty plea should send a message to psychiatrists who too easily take up the cudgel provided by their psychiatric ethos to become hired guns for those trying to escape criminal responsibility."
 
Hail to the Ultimate Old Constitutionalist Myron Magnet
Category: Law & Justice Published: November 2019
"During his almost three decades on the bench, [Clarence Thomas] has been laying out a blueprint for remaking Supreme Court jurisprudence. His template is the Constitution as the Framers wrote it during that hot summer 232 years ago. . . ."
 
How FDA Regulations and Injury Litigation Cripple the Medical Device Industry Charles A. Homsy
Category: Law & Justice Published: July 2003
"The FDA's efforts to drive products off the market, with little regard for whether they are truly dangerous or not, join with media hysteria and predatory lawsuits to harm the patients who are deprived of the products."
 
How Free Market Principles Can Help to Fix a Broken System Stephen J. Schulhofer , David D. Friedman
Category: Law & Justice Published: March 2012
"A voucher system [would] provide indigent defendants with freedom of choice and . . . Attorneys with the same incentive to serve their clients that lawyers always have had when they represent those other than the poor."
 
How Money Talks Mark Fagan
Category: Law & Justice Published: November 2015
"More than 12,000 registered lobbyists [spend over $3,000,000,000 per year] to influence public policy through direct communications with government officials."
 
How the House and Senate Let Themselves Get Hijacked Christopher DeMuth
Category: Law & Justice Published: January 2016
"Restoring Congress to a central position in government clearly will be a heavy lift…"
 
Is Religious Drug Rehab Constitutional?
News View Category: Law & Justice Published: August 2005
 
Is the Constitution Color-Blind? Edward J. Erler
Category: Law & Justice Published: July 2004
". . . Class remedies, such as affirmative action and racial set-asides, assume that all members of the 'monolithic white majority' are guilty of racial class injuries and all members of 'discrete and insular' minorities are victims of such injuries."
 
Jim Crow Laws Remain on the Books
News View Category: Law & Justice Published: August 2004
 
Kamala's Presidential Conundrum Clark Neily
Category: Law & Justice Published: September 2019
"…Too many prosecutors have embraced the fallacy that, if the law allows them to do something, then it must be morally acceptable to do it, but…it might be time for prosecutors to reconsider that fallacy, particularly if they aspire to higher office."
 
Lawbreaker Extraordinaire Jonathan W. Emord
Category: Law & Justice Published: September 2016
"[Hillary] Clinton plainly violated the Espionage Act. Indeed, for 110 individual violations-the most committed by any American with the possible exception of Edward Snowden-the statute in question would require Clinton to be fined, imprisoned, or both."
 
Lawsuits Are Drowing America Philip K. Howard
Category: Law & Justice Published: March 2003
"Today, [Americans] realize that they can get sued for almost anything. That is why legal fear has infected our culture."
 
Lies of the Lineup Kristina Grifantini
Category: Law & Justice Published: September 2020
People wrongfully accused of a crime often wait years--if ever--to be exonerated.
 
Life and Death in the Womb Florencia Feleder , Katie Gowing , Kaidy Mendez , Vannessa Taylor
Category: Law & Justice Published: March 2019
"When…the health centers can't afford to stay open, and the patients can't afford care, it doesn't really make any difference whether they have Roe. They can't get an abortion anyway."
 
Mansion with a View Robert M. Danno
Category: Law & Justice Published: May 2012
Disciplinary action was referred back to the very same people who violated the agency's primary mission, policy, and law in the first place. The US Attorney and Inspector General were asking the National Park Service to discipline itself.
 
Misunderstood Magazines Matthew Larosiere
Category: Law & Justice Published: September 2018
The term "high capacity" is used by legislatures to describe standard equipment rather than magazines that stretch a weapon's capacity beyond its intended design. Magazine restrictions should be subject to as much scrutiny as restrictions on firearms.
 
New Rules, Same Old Problem Craig McGill
Category: Law & Justice Published: September 2007
"[Border guards] feel that the Democrats and Republicans talk a good game [when it comes to immigration] but, at the end of the day, both sides use the issue--and the people involved--as pawns without trying to work through a solution."
 
Outdated Laws Hurt Women
News View Category: Law & Justice Published: August 2006
 
Packing the Bench Clark Neily
Category: Law & Justice Published: March 2020
". . . Former government lawyers--and, more specifically, attorneys whose formative professional experiences inclide serving as courtroom advocates for government - are vastly overrepresented on the Federal bench."
 
Plea Bargaining for Your Life Michelle Gesse
Category: Law & Justice Published: January 2014
"Plunged into the confusing and frightening maze that is the U.S. criminal justice system . . . Individuals often are pressured to admit their 'guilt' and accept a plea bargain."
 
Prison Violence on the Rise Norman Seabrook
Category: Law & Justice Published: September 2005
"Placing lawbreakers inside facilities that are lacking the staff necessary to maintain proper safety puts hundreds of civilian employees, such as doctors, nurses, and counselors--as well as inmates--at risk on a daily basis."
 
Pro Bono Services Cannot Keep Up with Demand
News View Category: Law & Justice Published: April 2010
 
Proactive Policing: The Key to Successful Crime Prevention and Control Gene Stephens
Category: Law & Justice Published: May 2001
"Even those most opposed are often converted after seeing the successes--less crime, reduced fear, revitalized social fabric--in communities adopting this approach."
 
Ready…Fire…Aim Alan Gottlieb
Category: Law & Justice Published: September 2016
"In her nominating acceptance speech, Clinotn insisted that, 'I'm not here to take away your guns.' After what FBI Director James Comey revealed about Clinotn's veracity regarding her emails, should any gunowner believe her?"
 
Reexamining Antitrust: Can "Anticompetitive" Business Practices Benefit Consumers? Wayne Crews
Category: Law & Justice Published: March 2002
"Particularly in the new information economy, the conventional thinking regarding antitrust law and the allegedly harmful practices it targets must be challenged."
 
Restoring Justice Katherine van Wormer
Category: Law & Justice Published: November 2001
"Restorative justice condemns the criminal act, but not the actor, and holds offenders accountable, involves all participants, and encourages repentant offenders to earn their way back into good standing in society."
 
Scandal in Corporate America: An Ethical, Not a Legal, Problem Bruce Frohnen , Leo Clarke
Category: Law & Justice Published: November 2002
"We have become so tolerant of half-truths, hair-splitting definitions, and the notion that truth is 'subjective' that we have lost our ability to enforce basic, commonsense honesty, even where it is crucial to our economic well-being."
 
Seeing Justice Done
Category: Law & Justice Published: May 2017
"The…illustrations on display represent court cases dating from 196 to the present day, including trials for muder, crime and corruption, terrorism, political activism, and landmark legal issues."
 
Should Death Row Blacks Be Executed?
News View Category: Law & Justice Published: April 2008
 
Should Juvenile Offenders Be Tried as Adults? Laurence Steinberg
Category: Law & Justice Published: January 2001
". . . Transfering juveniles into a criminal justice system that precludes a rehabilitative response may not be very sensible public policy."
 
Skewing the Truth Jay Schweikert
Category: Law & Justice Published: January 2021
"Not everyone in law enforement misrepresents qualified immunity, but almost everyone who misrepresents qualified immunity is part of law enforcement."
 
So What if ObamaCare Is Unconstitutional Jane M. Orient
Category: Law & Justice Published: March 2019
"Without the individual mandate, but with PPACA's Federal insurance rules still in place, Americans have a tough choice: buy unaffordable, undesirable, even objectionable coverage, or be uninsured."
 
Speak Your Piece Cliff Maloney Jr.
Category: Law & Justice Published: September 2017
 
Sticking It to the Kids Dena Silliman Nielson
Category: Law & Justice Published: May 2021
". . . Questions about how, when, or should children receive [a COVID-19] vaccine are starting to come to mind for . . . Parents that realize this will be an issue between them."
 
Stop the Abuse of Habeus Corpus
News View Category: Law & Justice Published: August 2011
 
Stop Worrying Alex Nowrasteh , Sam Wilson
Category: Law & Justice Published: May 2015
"Immigrants are assimilating rapidly in American political life without upsetting the current ideological and political balance."
 
Study Shows Juries Often Get It Wrong
News View Category: Law & Justice Published: December 2007
 
Supreme Court Knocks Down Agency Barriers to Judicial Review Jonathan W. Emord
Category: Law & Justice Published: May 2012
Until we treat Federal agencies as equal before the law with those they accuse, we never will see justice meted out with impartiality.
 
Targeting Law Enforcement Chris Sajnog
Category: Law & Justice Published: November 2021
". . . Law enforcement officers should stop [being trained to shoot] at targets of human shapes that pose no threat and start requiring decisionmaking as part of the qualification process. . . ."
 
The Battle Against White-Collar Crime Richard Johnston
Category: Law & Justice Published: January 2002
"The exponential growth of technology and the use of computers have triggered a purposeful rethinking of the tools needed by law enforcement organizations to address Internet-related crimes."
 
The Coming Constitutional Debate Stephen Markman
Category: Law & Justice Published: July 2010
"Proponents of a '21st century constitution' or 'living constitution' aim to transform our national supreme law beyond recognition--and with a minimum of public attention and debate."
 
The Devil Made Them Do It Richard E. Vatz
Category: Law & Justice Published: March 2007
"When it comes to ascertaining what motivates killers or others to violate the law, the forensic psychiatric community stands waiting and willing to lend its impossible to disprove fanciful, scientific-appearing explanations to mystify juries, attys. . ."
 
The Insanity Excuse and Retrograde Thinking Richard E. Vatz
Category: Law & Justice Published: March 2011
"There is no excuse . . . For major, sophisticated public opinion-makers simply to ignore the evidence that criminals should be held responsible for their crimes."
 
The IRS Tackels Excessive Executive Compensation Brent M. Longnecker , Christopher S. Crawford
Category: Law & Justice Published: May 2005
". . . Where tehre is smoke, there is fire, and many companies are not in complete compliance while others are underreporting."
 
The Limitations of the Sarbanes-Oxley Act Scott Green
Category: Law & Justice Published: March 2005
"While the largest companies have the resources to comply, smaller businesses may have to make some hard choices between the costs of compliance and the need to access public markets."
 
The Long Wait for Justice in Mississippi David Chalmers
Category: Law & Justice Published: July 2011
The killers of Emmet Till, Medgar Evers, Michey Schwerner, James Chaney, Andrew Goodman, Vernon Dahmer, and others less known to history, still walked free decades after their crimes.
 
The President Needs to Invoke the Constitution's Wartime Provisions Andrew C. McCarthy
Category: Law & Justice Published: July 2010
"How do we get from the decisive actions of [Andrew] Jackson, [Abraham] Lincoln, and [Franklin] Roosevelt to the Obama Administration's stunning mislandling of Umar Farouk Abdulmutallab?"
 
The Problem that Refuses to Leave James W. Thomson
Category: Law & Justice Published: January 2009
". . . The mood of the American public has darkened and become much less accepting of mass immigration."
 
The Sarbanes-Oxley Act: Altering the Fabric of American Business Brent M. Longnecker
Category: Law & Justice Published: May 2004
"Those empowered by the [Sarbanes-Oxley] Act--the SEC, IRS, and Oversight Board--have been put in a position where they easily could overstep their boundaries to the point where they almost are running America's companies."
 
The Threat from Attack Attorneys Is No Joke Walter Olson
Category: Law & Justice Published: July 2005
"After years of refusing to govern our trial lawyers, it seems they have decided to take it upon themselves to govern us."
 
The Truth About these Tough Guys Eric Granof
Category: Law & Justice Published: January 2012
". . . The vast majority of bail agents are just average people trying to run a small business and make an honest living."
 
The Walls Are Bulging Suzanne McComas
Category: Law & Justice Published: November 2016
Prison cannot continue to be the only answer.
 
The Worst Example of Too Many Bad Examples Matt Rosenberg
Category: Law & Justice Published: May 2022
Like so many other cities, "there is violent crime aplenty in Chicago . . . but punishment?--not so much."
 
There Is No Vacation from Cybercrime at WiFi Hotspots Kent Lawson
Category: Law & Justice Published: July 2013
"More than 12,500,000 Americans were victims of identity fraud last year--one victime every three seconds. Hotspot users need to think before they connect."
 
This Is Insane! Richard E. Vatz
Category: Law & Justice Published: March 2014
"What compounds the frustration for victims and their loved ones and supporters faced with criminal perpetrators pleading insane or 'not criminally responsible' is that 'insanity' is not a psychiatrically-accepted term within the practice of that field."
 
Three Decades Behind Bars--as a Prison Doctor Karen Gedney
Category: Law & Justice Published: March 2022
"I remember the attorney general in Nevada telling the governor that 58% of the men coming back to prison had not commited another crime, but had 'technical parole violations.' "
 
TV Crime Dramas Skew Perception of System
News View Category: Law & Justice Published: December 2009
 
Undoing the Unthinkable Mathew Staver
Category: Law & Justice Published: May 2010
". . . The U.S. citizenry and the Constitution ultimately will trump this power grab [of health care by the Administration and Congress]. The American people and the rule of law will have their say."
 
Unmanned Aerial Vehicles: Friend or Foe? Matthew Feeney
Category: Law & Justice Published: March 2017
"Drones the size of insects already exist, and we should expect surveillance equipment to be attached to such drones as technology improves--giving new meaning to the expression, 'I wish I could have been a fly on the wall.' "
 
Up Against the Wall Jane M. Orient
Category: Law & Justice Published: March 2021
Americans are learning that we are all in this together--except for the elite who draw salaries from bureaucracies and legislators who vote for laws written by special interests who invest millions in campaign contributions to reap billions in benefits.
 
What Does Supreme Court Ruling and NFL Team Name Change Mean for Native Peoples? Liz Mineo
Category: Law & Justice Published: November 2020
"The McGirt v. Oklahoma decision upheld the rights of the Muscogee (Creek) Nation to govern its lands and . . . the NFL franchise in Washington D.C., [dropped] the team name of Redskins. . . ."
 
What Would Elijah Say? Maya Rockeymoore Cummings
Category: Law & Justice Published: July 2020
Ultimately, the level of destruction and chaos we are seeing in the aftermath of George Floyd's killing and the incendiary response from Pres. Trump would have led [the late Rep.] Elijah [Cummings] to repeat his popular refrain, "We're better than this!"
 
When the Punishment Doesn't Fit the Crime Erik Luna
Category: Law & Justice Published: November 2003
"Federal penitentiaries are filled with minor offenders [who] sit in prison, not because their punishment is morally deserved or achieves some social goal like crime deterrence, but because the Guidelines have shifted punishment authority to prosecutors."
 
Why Do Americans Idolize Serial Killers?
News View Category: Law & Justice Published: December 2006
 
Why So Many Murder-Suicides? Katherine van Wormer
Category: Law & Justice Published: March 2007
". . . The girlfriend or wife makes a move to leave. Her partner is totally distraught in the belief that he cannot live without her. . . . At some point, the man decides that, if they cannot live together, they can die together. . . ."
 
Why the Supreme Court Matters John Paul Ryan
Category: Law & Justice Published: January 2007
A PBS miniseries shines the light of justice on the highest court in the land.
 
Why We Need a Federal Marriage Amendment Mathew D. Staver
Category: Law & Justice Published: September 2004
"We must draw a line in the sand and preserve marriage once and for all between one man and one woman."
 
Wrongful Incarceration Jamie Cox Robertson , Christopher Robertson
Category: Law & Justice Published: November 2016
"A wise government would, at the very least, seek to identify those who do not belong in the prison system and provide contingent funding to attorneys who successfully identify those prisoners."