For certain non-violent offenders, Colb points to alternatives to imprisonment such as fines, probation terms that can be revoked if their conditions are violated, house arrest, and monitoring via GPS implant.
Colb suggests that we see imprisonment for non-violent offenders as an extreme remedy, and investigate other possible alternatives.
Find Law columnist and Cornell law professor Michael Dorf comments on the recent oral argument, before a three-judge panel of the Ninth Circuit, in the case involving a challenge to Proposition 8, California's anti-same-sex-marriage ballot initiative.Dorf covers the issue of standing (that is, whether the initiative sponsors were the legally-appropriate persons to defend Prop.Find Law columnist, attorney, and author Julie Hilden comments on a controversy that has recently divided students, parents, and administrators in public schools in a number of states -- and that, in at least one state, has led to an ACLU lawsuit: Students are wearing bracelets, purchased from a public-interest foundation, that bear the message "I (Heart) Boobies!" The foundation is selling the bracelets to convey the point that although many people believe that breast cancer is a disease afflicting only women over 40, it is also the largest cause of cancer deaths in women under 40-- and can even affect young girls.Hilden also expresses doubt as to whether -- prior to fact discovery -- the panel correctly decided that the cheerleader's silence created "substantial interference with the work of the school," as it held that Supreme Court precedent required. C., Davis law professor Vikram Amar comments on the recent oral argument regarding Proposition 8 -- California's anti-same-sex-marriage ballot initiative -- that was presented before a three-judge panel of the U. What happens if no party that is currently defending Prop. The argument goes as follows: The Republicans are hypocrites in that they purpose to oppose deficit spending, yet they also support low tax rates on taxpayers whose Adjusted Gross Income is over 0,00o -- a position that will inevitably require deficit spending.
Buchanan contends that the Democrats are unwise to make this argument, because it plays into a greater fallacy: that deficit spending, and debt generally, are inherently bad.Find Law columnist and human rights attorney Joanne Mariner comments on a key issue that was raised by the recent conference that launched the International Centre for Counter-Terrorism – The Hague ("ICCT--The Hague").As Mariner explains, ICCT-- The Hague is a think tank that will carry out research and analysis relating to counterterrorism.Overall, Mariner notes that recent developments illustrate how elements of the post-9/11 world are still very much in flux.The court cases Mariner considers raise issues such as whether U. courts can hear habeas corpus petitions from detainees arrested far from any battlefield; whether speech deemed to constitute "material support" of a terrorist group can constitutionally be banned; and whether decisions regarding targeted killings of alleged Al Qaeda members should be resolved by the courts or the executive branch. Washington law professor Anita Ramasastry comments on a recent interim guidance document issued by Igor Judge -- the Lord Chief Justice of England and Wales -- that allows reporters to use the micro-blogging service Twitter in UK courtrooms.Find Law columnist and human rights attorney Joanne Mariner looks back on 2010 to survey developments relating to counterterrorism.