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‘Law’ Archive

If It’s Within the Law, Why Should There Be Hearings? March 16, 2017 No Comments

David Zahnizer, at the Los Angeles Times, has given us an article on the problems with the City of Los Angeles’ community plans, one of the major ones being that they are not finished yet.  This is helping to create the demand for Proposition S, which I oppose, because a lot of the buildings where […]

Asset Forfeiture – Again May 21, 2016 2 Comments

As a result of a conversation I recently had with an Assemblyman, I’ve decided to clarify my view on Asset Forfeiture.  When a person is arrested on drug charges, or whatever other charges trigger these things, I don’t mind if the assets are ‘frozen’ or held in a sort of escrow pending the results of […]

And a Third Legal System: the Laws of War May 19, 2016 1 Comment

Andrew Rosenthal, in the New York Times here and here writes about the pressure to treat Dzhokhar Tsarnaev, [who I can’t resist calling ‘The Joker’] not as a criminal but as an ‘enemy combatant’, largely because that pesky Bill of Rights would not apply if he were not a criminal.  I thought the Geneva Convention did.  Oh […]

Mental Health and ‘Punishment’ versus ‘Treatment’ May 16, 2016 No Comments

If you think about it, we also have two parallel prison systems, one under criminal law, the other under civil law.  We worry a lot about ‘incarceration’ and the ‘mental health’ of prisoners.  Yes we have too many people in prison, even under the criminal law.  But we have two systems of incarceration, a criminal […]

Asset Forfeiture May 12, 2016 No Comments

Many organizations, from Institute for Justice to Reason and Cato, have crusaded for the elimination or limiting of the practice of asset forfeiture.  Property can be confiscated for crimes where one has not been found guilty.  The reason is, as I have declared in a previous post, that there is a great difference between our rights against […]

The Parallel Structures of Criminal and Civil Law, and the Hole in the Bill of Rights May 11, 2016 No Comments

American criminal law, first on the federal level, and later, when the Supreme Court started to apply the Bill of Rights to the states in the 20th century [and at local level as well], has some restrictions on the government in the Fifth and other amendments as to how it can deal with people accused of […]