ISIL Freedom Network: United States > Scholarly and In-Depth Studies > Law, Courts, and Constitutions

Prosecutorial Misconduct
Source: The Federalist Society
Country: United States
E-mail: fedsoc@radix.net

Summary of panel discussion regarding prosecutorial misconduct, focusing on the McDade Amendment as a potential aid in combating misconduct by federal prosecutors. (11/98)

Sex, economics and other legal matters
Source: Reason
Author: Steve Kurtz
Country: United States

Judge and scholar Richard A. Posner speaks out on the Clinton impeachment, the Microsoft case and nude dancing. (03/19/01)

Who Speaks for the Constitution?: The Debate Over Interpretive Authority
Source: The Federalist Society
Country: United States
E-mail: fedsoc@radix.net

This paper addresses how the branches of our federal government are supposed to resolve disagreements over constitutional meaning or application. Contact their Washington office for ordering information.

The Great Debate: Interpreting our Written Constitution
Source: The Federalist Society
Country: United States
E-mail: fedsoc@radix.net

The Great Debate: Interpreting our Written Constitution is a collection of speeches by Attorney General Meese, Justices Brennan and Stevens, Judge Bork, and President Reagan, presented in a monograph by the Federalist Society. Contact their Washington office for ordering information.

Waste and the dormant Commerce Clause
Source: Jonathan H. Adler
Author: Jonathan H. Adler
Country: United States

Jonathan H. Adler debates with Richard A. Epstein the merits of free trade in the exchange of out-of-state wastes. (7/00)

No Taxation Through Litigation
Source: Cascade Policy Institute
Author: Peter J. Ferrara JD
Country: United States

In this study, Ferrara calls for a halt to the rapid growth of taxation via litigation. Adobe PDF file. (10/99)

Executive Orders and National Emergencies: How Presidents Have Come to Run the Country by Usurping Legislative Power
Source: The Cato Institute
Author: William J. Olson and Alan Woll
Country: United States

Executive Orders have been used by recent presidents to legislate and "usurp the powers of Congress or the states." This report discusses two court cases that lay down the principles of Executive Orders. The report is available in PDF format. (10/27/99)

State of the Supreme Court 2000: The justices' record on individual liberties
Source: Institute for Justice
Country: United States

"The Court has been quite reliable in protecting individual liberties. Out of 45 cases examined, 35 (or 78 percent) resulted in a pro-liberty decision." (Adobe Acrobat)(2000)

Taxation by litigation
Source: The Beacon Hill Institute
Country: United States

Paying special attention to the state of Massachusetts, this study examines the costs to business and the economy imposed by the current tort system, and the need for civil justice reform.

Medicine vs. law: medical malpractice and physician countersuits
Source: Medical Sentinel
Author: Dr. Kyle S. McCammon
Country: United States
E-mail: medical@free-market.net

Dr. McCammon studies the effect of malpractice and tort law on the practice of medicine. (6/00)

The economic effects of the liability system
Source: Hoover Institution
Author: Daniel P. Kessler
Country: United States
E-mail: hoover@free-market.net

Liability law doesn't really compensate injured parties very well, and instead of punishing those who are negligent it deters medical and scientific innovation. This essay looks at the possible effects of a wide array of suggested reforms. (06/99)

How Constitutional corruption has led to ideological litmus tests for Judicial nominees
Source: The Cato Institute
Author: Roger Pilon
Country: United States

Pilon outlines the history of judicial nomination corruption, especially as it has led to the politicization of the Constitution and, as a result, of the judicial confirmation process as well. (Full report aPDF file) (08/06/02)

Restorative justice
Source: NCPA
Author: Morgan O. Reynolds
Country: United States

"[T]he principles of restorative justice -- especially paying reparations to the victim -- overlap those of the civil justice system and might be considered for dealing with at least some adult criminals, for whom probation and incarceration are often involved." (03/01)

The case for judicial appointments
Source: The Federalist Society
Author: Stephen B. Presser, John L. Dodd, et. al
Country: United States
E-mail: fedsoc@radix.net

The controversy over how to select members of state and federal judiciaries has existed since this country's founding. Is it more appropriate in a constitutional republic supposedly governed by the rule of law to have judges appointed by an executive or elected by the people? This white paper concludes that appointment is the better method.

The case for partisan judicial elections
Source: The Federalist Society
Author: Michael DeBow, Diane Brey, Erick Kaardal, et. al
Country: United States
E-mail: fedsoc@radix.net

A white paper addressing the question of how states should select judges. They conclude that partisan judicial elections are the best method, in part because they provide an additional, significant measure of self-government to voters.

Restitution as an objective of the criminal justice system
Source: Heartland Institute/James Madison Institute
Author: Bruce L. Benson
Country: United States

Benson advocates moving the criminal justice system toward a model that seeks to make criminals reimburse their victims for the cost of the crime itself and of cooperating with law enforcement. (Adobe Acrobat) (Winter 2001)

3rd Annual Performance Report Scorecard: Which Federal Agencies inform the public?
Source: Mercatus Center
Author: Jay Cochran, III, Maurice McTigue, and Steve Richardson
Country: United States

The purpose of this scorecard is to encourage improvement in the quality of reporting on results achieved by government agencies. (05/16/02)

Creating factories behind bars
Source: NCPA
Author: Morgan Reynolds and Knut Rostad
Country: United States

Offering prison inmates opportunities at employment during their sentences may provide them with valuable job skills while benefiting manufacturers. (04/06/01)

The laws of war
Source: Federalist Society
Country: United States

Listing of analyses of the laws of armed conflict and their relevance to current events.

Arbitration under assault: Trial Lawyers lead the charge
Source: The Cato Institute
Author: Stephen J. Ware
Country: United States

In this report, Ware argues that "arbitration -- in which parties agree on private arbitrators to resolve contract disputes -- is more efficient than slow, costly, and inefficient civil litigation in a government court." It is available in Adobe PDF. (04/18/02)

Misguided guidelines: A critique of federal sentencing
Source: Cato Institute
Author: Erik Luna
Country: United States

Report outlines how the congressionally mandated Federal Sentencing Guidelines undermine constitutional principles and produce unjust results. (Full report available as PDF file) (11/01/02)

Is the Public Company Accounting Oversight Board constitutional?
Source: Federalist Society
Author: Erika C. Birg
Country: United States

Report examining the constitutionality of the Sarbanes-Oxley Act which provides for the creation of a Public Company Accounting Oversight Board to oversee public company audit functions. (PDF file) (10/02)

U.S. Armed Forces and Homeland Defense
Source: Center for Strategic and International Studies
Author: Paul Schott Stevens
Country: United States

"In light of the September 11, 2001, terrorist attacks on the United States and President Bush's subsequent establishment of an Office of Homeland Security, this report examines the nature and extent of the president's authority under the Constitution and other relevant U.S. laws to entrust the Department of Defense with a role in domestic defense." It is available in Adobe PDF. (10/01)

Election reform, federalism, and the obligations of voters
Source: The Cato Institute
Author: John Samples
Country: United States

This report examines the problems with reforming the electoral process at the federal level. It is available in Adobe PDF. (10/23/01)

Measuring the explosive growth of federal crime legislation
Source: Federalist Society
Author: John S Baker Jr
Country: United States

"The study reaches several conclusions, all confirming the conventional assumption that the federal criminalization of legal disputes is on the rise." (4/04) (PDF file)

Curbing government lawsuit abuse
Source: Heartland Institute/Intellectual Ammo
Author: General Bill Pryor
Country: United States

"The recent government suits against the tobacco and firearms industries trample upon ... central feature of the rule of law. The aim of this litigation is to shift the awesome powers of legislative bodies -- commercial regulation, taxation, appropriation, and the power to change law -- to the judicial branch of government. Even some proponents candidly admit this agenda." (10/01)

An examination of the criminalization of commercial activity
Source: The Federalist Society
Author: Mary B. Neumayr
Country: United States

This paper is intended to promote discussion regarding the use of criminal statutes in the commercial area. It begins with a list of proposed questions for discussion, followed by a summary of trends in criminal enforcement in the commercial sector and the post-Enron reform proposals. (PDF file) (07/25/02)

Restraining State Attorneys General, curbing government lawsuit abuse
Source: The Cato Institute
Author: Michael DeBow
Country: United States

"This paper argues that the AGs' new litigation strategy amounts to a form of 'government lawsuit abuse' that not only breaches the separation of powers in state government but saddles the public with additional tax and regulatory burdens that are both unwanted and unwise." It is available in Adobe PDF. (05/12/02)

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