All Posts Tagged With: "due process"

Silence: One Way Truth Loses

The Duke lacrosse suits are a rare opportunity to lift the veils that protect academic, police, and court misconduct from public view.

26Apr2011 | Wendy McElroy | 11 comments | Continued

The Ominous Expansion of Class-Action Suits: Walmart v. Dukes

In the largest class-action lawsuit in American history, Walmart v. Dukes, Walmart stands accused of systematically discriminating against as many as 1.5 million women in wages and promotions. The Supreme Court has agreed to a limited review, judging solely whether class-action certification was justified. At stake are billions of dollars and the creation of a [...]

21Apr2011 | Wendy McElroy | 6 comments | Continued

The Injustice of Domestic Violence Policies

Domestic violence is a deeply politicized issue used by “get tough” prosecutors and politicians as a career path.

9Nov2010 | Wendy McElroy | 13 comments | Continued

An American Stasi?

The Fort Wayne Journal Gazette reported on July 25 that “there are 72 fusion centers around the nation, analyzing and disseminating data and information of all kinds. That is one for every state and others for large urban cities.” What is a fusion center? The answer depends on your perspective. If you work for the [...]

22Oct2010 | Wendy McElroy | 22 comments | Continued

The Fourth Amendment and Faulty Originalism

“All arrests are at the peril of the party making them.” —Alexander H. Stephens, August 27, 1863 These days the Fourth Amendment to the Constitution means next to nothing. Consider, for example, the choice offered a few years ago: surveillance under routine, easy “warrants” from the drive-through FISA Court or warrantless surveillance at the whim [...]

25Aug2010 | Joseph R. Stromberg | 3 comments | Continued

The Shame of Medicine: The Case of General Edwin Walker

In 1962 James Meredith, an African-American student, tried to enroll at the University of Mississippi. His admission was opposed by Ross Barnett, the Democratic governor of the state, former Major General Edwin A. Walker (1909–1993), a decorated hero of World War II and prominent “right-winger,” and a group of segregationist white students. To ensure Meredith’s [...]

23Sep2009 | Thomas Szasz | 8 comments | Continued

Mr. Obama, Tear Down This Wall!

All of us should worry, if not panic, when we remember that the walls keeping others out also keep us in.

21May2009 | Becky Akers | 69 comments | Continued

The Return of Debtors’ Prison?

H. Beatty Chadwick, a former corporate lawyer, has been imprisoned in a Pennsylvania county jail for over 13 years even though he has never been arrested, criminally accused, or tried. Chadwick is imprisoned on contempt-of-court charges that sprang from a contentious divorce. His case dramatizes a continuing debate over the use and misuse of civil-contempt [...]

1Apr2008 | Wendy McElroy | 6 comments | Continued

We Win One (So Far)

May the government declare a U.S. resident an “enemy combatant,” throw him in a military prison indefinitely, and never charge him with a crime—all without judicial review? The Bush administration says yes. But in a key ruling in June, the same week as the 792nd anniversary of Magna Carta, a three-judge panel of the U.S. [...]

1Sep2007 | Sheldon Richman | 0 comments | Continued

Dos and Don’ts of Tort Reform

Five years ago a Florida jury somehow conjured up punitive damages of $145 billion for a class of tobacco plaintiffs. Two years later a California jury recommended a $28 billion treasure trove for a single claimant. And in 1998 four major cigarette companies agreed to the grandmother of all awards—a quarter-trillion-dollar settlement to reimburse the [...]

1May2005 | Robert A. Levy | 1 comment | Continued

A Model for Medical Tyranny

In the wake of September 11, every state has been asked to enact a law providing for unprecedented, comprehensive health surveillance and medical martial law. The Model State Emergency Health Powers Act, proposed by the Centers for Disease Control and Prevention (CDC), would provide a state’s governor with sole discretion to declare a public-health emergency. [...]

1Aug2002 | Twila Brase | 0 comments | Continued

Gender Madness on Columbia’s Campus

Since the beginning of the fall 2000 academic year, a precedent-setting “Sexual Misconduct Policy” has been in place at Columbia University, one of the nation’s most prominent universities. The policy is a new maneuver in the politically correct gender crusade that has swept academia in the last two decades. For example, it establishes Columbia as [...]

1Mar2001 | Wendy McElroy | 0 comments | Continued

Constitutional Protection of Economic Liberty

Norman Barry, a contributing editor of Ideas on Liberty, is professor of social and political theory at the University of Buckingham in the UK. He is the author of An Introduction to Modern Political Theory (St. Martin’s Press). The Supreme Court has been deliberately neglectful of traditional American economic liberties. With the exception of some [...]

1Nov2000 | Norman Barry | 0 comments | Continued

Does Rape Violate the Commerce Clause?

Last spring the U.S. Supreme Court struck down as unconstitutional a key section of the 1994 Violence Against Women Act (VAWA). That section allowed a victim of rape or other violence “motivated by gender” to sue the perpetrator for civil damages in federal court for violating her civil rights. The act was part of the [...]

1Oct2000 | Wendy McElroy | 0 comments | Continued

The Shadow University: The Betrayal of Liberty on America’s Campuses

Many books have discussed political indoctrination on American campuses, but none is as thorough and damning as this one. Alan Kors, a history professor at the University of Pennsylvania, and Harvey Silverglate, a criminal defense attorney and civil liberties litigator, present overwhelming evidence that the loss of liberty on campuses is far greater than most [...]

1Nov1999 | Daniel Shapiro | 2 comments | Continued

Wisconsin’s Choice

Jon Sanders is a research associate for the Pope Center for Higher Education Policy, Research Triangle Park, North Carolina, and editor of the center’s journal on higher education, Clarion. The plaque is proudly posted at the front entrance to Bascom Hall on the campus of the University of Wisconsin at Madison. It memorializes the eloquent [...]

1Feb1999 | Jon Sanders | 2 comments | Continued

Unrestrained Appetites, Unlimited Government

The federal government was supposed to be limited to a few defined powers. The Tenth Amendment to the Constitution—“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people”—confirms it. The federal government, of course, does not at [...]

1May1998 | Jeffrey R. Snyder | 6 comments | Continued
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