Laws and Liberties

  • Postscript: THINTHREAD-TRAILBLAZER DoD IG Report
    by Patrick G. Eddington on December 8, 2017 at 4:19 pm

    I’ve had lots of requests for a non-Scribd link to the 2004 DoD IG report on the THINTHREAD and TRAILBLAZER programs I mentioned in my JustSecurity.org piece yesterday, so you can now find it here.  I should point out that at the end of […]

  • The Structural Protections of the Double Jeopardy Clause
    by Jay Schweikert on December 8, 2017 at 4:04 pm

    Michael Currier, like more and more defendants in recent years, was charged with multiple, overlapping offenses: (1) breaking and entering, (2) grand larceny, and (3) possession of a firearm as a convicted felon. This charging decision turned on an […]

  • Hayden, NSA and the Road to 9/11
    by Patrick G. Eddington on December 7, 2017 at 9:55 pm

    This article originally appeared on Just Security on December 7, 2017.    Retired Gen. Michael Hayden, former director of the NSA and CIA (and now, a national security analyst at CNN), has recently emerged as a […]

  • Supreme Court Continues Its Gun-Shy Ways
    by Trevor Burrus, Matthew Larosiere on December 6, 2017 at 10:29 pm

    Over a decade ago, James Hamilton was convicted of a felony in Virginia, for which he served no jail time. Since then, the state of Virginia has restored all of his civil rights, including the right to possess firearms. In the years since then, […]

  • Justice Kennedy Will Be Top Chef in Masterpiece Cakeshop Case
    by Ilya Shapiro on December 5, 2017 at 8:55 pm

    After this morning’s Supreme Court argument in the Colorado wedding-cake case, the only thing that safe to predict about this case is that it’ll end up 5-4. It’s perhaps unavoidable that a case so politically fraught would break […]

  • Public Schooling Battles: November Dispatch
    by Neal McCluskey on December 5, 2017 at 7:12 pm

    Last month we posted our first “dispatch” from the frontlines of public schooling’s values and identity-based wars, conflicts ultimately entered on the Public Schooling Battle Map, an interactive database of such contests. The […]

  • Time to Bury the Williamson County Rule
    by Ilya Shapiro, Trevor Burrus, Meggan DeWitt on December 4, 2017 at 7:19 pm

    Claims for unconstitutional takings of property against state actors should not be treated differently than other fundamental rights claims and relegated to second-class status. Thirty years ago, in Williamson County Regional Planning Commission v. […]

  • Smart Money Is on New Jersey in Sports-Gambling Case
    by Ilya Shapiro on December 4, 2017 at 6:23 pm

    It’s never smart to bet on the outcome of Supreme Court cases, but if I had to wager on the big federalism case disguised as a dispute over sports books, I’d double-down on New Jersey in its fight against professional sports and the U.S. […]

  • Don’t Gamble on Double Jeopardy
    by Ilya Shapiro on December 4, 2017 at 5:34 pm

    Terance Gamble was convicted of second-degree robbery in Alabama in 2008. That’s a felony, so he was barred from possessing a firearm under both federal and state law. Seven years later, Gamble was pulled over for a broken taillight. Smelling […]

  • A Hate Speech Hypothetical
    by John Samples on December 4, 2017 at 5:23 pm

    The outrage du jour is a newspaper column entitled “Your DNA is an Abomination” published by a student newspaper at Texas State University. The case is no doubt difficult politically and practically for the people involved. But it really […]