Blog Posts

I’ve never been to Maricopa County, and from what I read, I wouldn’t travel there for pleasure. The county, home of Phoenix and Scottsdale, is the domain of Joe Arpaio, the county’s sheriff. He’s a rough and tumble lawman torn straight from the pages of a B-grade western. If...

It comes as a surprise to many people to learn that the federal courts do not recognize a right to privacy as a matter of constitutional law. But it is true. In large part, that is because at the time the Constitution was drafted, few would have thought it necessary to include such a right in the...

Twice in twenty-four hours I recently drew criticism from folks I respect. So I am doing a little soul-searching.
I was on a panel in New Haven sponsored by the American Civil Liberties Union discussing the challenge new technologies pose to privacy. One of the panelists was a fellow...

I watched videos of the recent rioting in London the other day, and two words sprang to mind: Joseph Schumpeter. And I wondered who, in North America, will throw the first brick. These thoughts filled me with dread, exhilaration and hope.
Schumpeter was an Austrian economist active in the...

Welcome: I'm the "deep and progressive thinker" you linked to. I also have a pony tail. And, what's worst of all, I think Rakofsky's claims are pretty interesting. But then again, I turned my card in to the guildmasters on the blawgosphere long ago.
Joseph Rakofsky made a little money this...

One need not be guilty of a crime to assert the right to remain silent under the Fifth Amendment to the United States Constitution. This testimonial privilege permits a person to refuse to answer any question that may tend to implicate them in a crime. The Obama administration is seeking to...

It is not at all clear to me why the Founding Fathers matter. I understand the significance of the colonies’ break with Britain. And the creation of a new secular order, a federal government of limited powers binding together independent states, endures today. But resorting to the founders,...

I don’t know if Muskegon County Prosecutor Tony Tague is a humorless prick. He might just be stupid. Or mean. Or perhaps he is a representative of the kind of government we want, and therefore deserve. But one thing is certain: Mr. Tague met his match in Evan Emory.
Emory is a...

I am in the business of offering hope, but there are hopeless situations, cases in which there is nothing that can be done. Accepting that is hard for me, but it is far harder on the man or woman viewing me as their last best hope. They abide in their sorrow, while I move on to another case. I...

The California Supreme Court doesn't think there is any real difference between a crumpled up cigarette package, the clothing on your back or your cell phone: All three are intimately associated with you. Hence, should you be arrested, police officers can search all three items under an exception...