Taking Rights Seriously

Taking Rights Seriously

The world is filled with self-evident truths — truisms — that philosophers, lawyers and judges know need not be proven. The sun rises in the east and sets in the west. Two plus two equals four. A cup of hot coffee sitting on a table in a room, the temperature of which...
Forever Prisoners

Forever Prisoners

I hold it that a little rebellion now and then is a good thing, and as necessary in the political world as storms in the physical.” -Thomas Jefferson, Jan. 30, 1787 When Thomas Jefferson wrote to his friend, neighbor and colleague, James Madison, his view that...
Using War to Assault Freedom

Using War to Assault Freedom

Most judges and lawyers agree that the war on drugs in the past 50 years has seriously diminished the right to privacy guaranteed by the Fourth Amendment. Now a small group of legal academics is arguing that the war in Ukraine should be used to diminish property...