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The Latest Breaking News from William Blackstone

Birthright Citizenship is Our Law

New piece on birthright citizenship in English and American law

Reason

Should the Seventh Amendment Civil Jury Trial Right Apply to the States?

The right to a civil jury trial is far more deeply rooted in American history and tradition than is the right to own guns, which the Supreme Court was right to incorporate.

Reason

Major Technological Questions: The Example of Powered Flight

(Coauthored with John F. Duffy) As discussed in a prior post, the core argument in our recently published article "Major… The post Major Technological Questions: The Example of Powered Flight appeared first on Reason.com.

Reason

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Public Opinion and Due Process

Do we agree with Blackstone that it is better that ten guilty persons escape than one innocent suffer?

Reason

‘Rape is effectively decriminalised’: how did sexual assault become so easy to get away with?

Few alleged offenders are found guilty. Many victims are retraumatised. What is getting in the way of the Australian criminal courts providing justice to sexual assault survivors?

The Guardian - AU

What Process Is Due Before Property Is Destroyed?

The Sixth Circuit finds a city failed to provide adequate process before demolishing a condemned mobile home.

Reason

Trump as "protector": It's an old story

Trump's version of insecure masculinity demands a weak, submissive woman, who must be protected — and controlled

Salon

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New Atlantic Article on "The Constitutional Case Against Exclusionary Zoning"

It is coauthored with Josh Braver.

Reason

Were the Confederates right? Spoiler: no

Peter Radan argues the South had every right to bust up the "slaveholders' union." Intriguing! But not convincing

Salon

Another Federal Judge Rejects the DOJ's Argument That Cannabis Consumers Have No Second Amendment Rights

U.S. District Judge Kathleen Cardone was unimpressed by the Biden administration's argument that marijuana users are too "dangerous" to own guns.

Reason

Should the "Duress" Defense Be Available in Cases of Extremely Reckless Homicide?

From Michigan Supreme Court Justice Bridget McCormack's majority opinion (for four of the seven Justices) delivered Thursday in People v. Gafken: [W]hile fleeing from police, Theresa Gafken ran a red light at speeds topping 100 miles per hour and collided with other vehicles, killing one person and causing severe injuries…

Reason

Fresh water is beyond 'entrenchment'

There should be no need for a flawed legal device attempting to 'entrench' our freshwater assets from possible privatisation - the waters are the life blood of the land, beyond ownership

Newsroom.co.nz

Eyewitness misidentification is the leading cause of known wrongful convictions

Blackstone’s ratio, developed by jurist William Blackstone, states that: “Better that ten guilty persons escape than one innocent suffer.”

The Conversation

Enforcing Abortion Bans Is Much Harder Than Winning in Court

There’s no painless way to restrict choices for people who resist.

Reason

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Reason

Alito's Abortion Ruling Overturning Roe Is an Insult to the 9th Amendment

The Constitution protects many more rights than it mentions, as James Madison explained.

Reason

Alito's Leaked Abortion Opinion Misunderstands Unenumerated Rights

The Supreme Court justice is wrong when he says abortion rights aren't deeply rooted in American history.

Reason

What the Leaked Abortion Opinion Gets Wrong About the Founding Era

Understanding state regulatory powers at the time of the founding.

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