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Law enforcement personnel initiated or cooperated in a record high number of them in 2012.
Currently the U.S. Supreme Court is considering a case that pits the interests of a white, would-be adoptive couple, to whom a Latina biological mother surrendered her baby girl at birth, against those of the natural father and his Cherokee tribe.
Dan Schweitzer, Supreme Court counsel of the National Association of Attorneys General, responds to Simon Lazarus' NLJ piece about the implications of Wos v. E.M.A.
It has become increasingly evident that the Justice Department violated the constitutional rights of Boston bombing suspect Dzhokhar Tsarnaev by questioning him without his Miranda warnings. It is disturbing that the DOJ would risk its criminal prosecution by ignoring such basic rules and even more disturbing for what this says as to its view of the Constitution.
Much of the discussion in the media on whether the surviving Boston bombing suspect should have been given Miranda warnings when he was arrested appears to be based on a misconception: that law enforcement officers are required to give suspects the warnings set forth in Miranda v. Arizona and that failure to do so is a violation of the law, at least if the public-safety exception doesn't apply. That is not correct.
Given any ambiguity, as Justice Anthony Kennedy has aptly proclaimed in his book, "the tie goes to freedom." That is what the court did in Kirtsaeng v. John Wiley & Sons.
Since legal education provides access to justice, power and social mobility, urgent reform is needed now.
Courts should be impartial forums, where everyone can at least get a fair opportunity to voice their arguments. Sadly, in cases involving businesses, courts regularly put a thumb on the scales of justice.
Tempers will surely continue to run hot over the merits of "reparative" therapy, and rightly so. But it is important not to let hard cases (or unsympathetic plaintiffs) make bad law.
Although the Uniform Code of Military Justice criminalizes a servicemember's use of 'contemptuous words' against the president, some use social media to insult Obama.
Any Supreme Court decision in this case will not unify the law. Congress needs to step in and create a unified medical device and brand/generic drug system that does not draw arbitrary distinctions.