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In Government We Trust
Besides, the courts, there exists no other government mechanism to adequately resolve disputes. Therefore, trust in courts is paramount. …
The Constitutional Right of Privacy in the United States: From Here Where?
Whatever course the Supreme Court chooses in the cases before it this term, it is important for public administrators to provide thought leadership and administrative integrity in managing the right…
Thou Shalt Not Prosecute Crime (Part II): Alternatives to District Attorney Prosecutions
Some district attorneys believe in unilaterally prohibiting certain prosecutions, reducing penalties for crimes and prohibiting enhancements that could increase the required time to be served in prison. …
The Supreme Court—Is Reform Possible?
On all the issues considered by the Commission, the final report offered a helpful, detailed and balanced overview, as well as a critique, of reform proposals that have been advanced…
Be Careful What You Wish For: Why Gun Rights Advocates Should Be Rooting for Roe v. Wade
If you are a strong believer in the Second Amendment guaranteeing an individual right to bear firearms, think long and hard before you join the effort to overturn Roe v.…
Ambiguity and Accountability
We should reasonably expect that street level bureaucrats are responsible for the consequences of their decisions. They should be judged on those consequences (considering extenuating circumstances), and not simply on…
Prosecutorial Discretion vs Directive: Impacts on Policy & Policing
Most people agree that criminal justice reform is needed, and diversion programs may be preferable in some cases. But who should decide? The Rule of Law is a principle under…
Voices Crying in the Wilderness: The Legal Rights of Nature
Conflict concerning public lands, biodiversity and climate science continues to engulf the nation and the world. It is incumbent upon policymakers and citizens to heed the legal doctrines and moral…
Papers and Presidencies: Encouraging Adherence to the Presidential Records Act
Public access to presidential records is an important resource in attempts to hold former presidents to account for decisions made during their time in office and a vital tool for…
Supreme Court’s Bostock Decision Protects LGBTQ Employment
The U.S. Supreme Court ruled to safeguard most employees from sexual orientation and transgender status discrimination this past summer, five years after legalizing same-sex marriage. Elected officials and governmental managers…
Recent Supreme Court Jurisprudence and the Bill of Rights: Part 2—Schools of Thought Governing Legal Interpretation
The ideas of incrementalism, reasoning by example and doctrinal and moral interpretation should receive greater emphasis by our Supreme Court lest we allow men long dead do our thinking for…
November 21, 2022No CommentRead More