Archive for July 2015

How Not to Cross-Examine a Witness

My friend Dan Alban, an attorney at the Institute for Justice, appeared earlier this month before the House Committee on the Judiciary, Subcommittee on the Constitution and Civil Justice, where he provided testimony on the state of property rights in American ten years after Kelo v. City of New London. The Kelo decision was an…

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ACCA’s Residual Clause Violates Due Process

While most of the country was (understandably) in the thrall of the Supreme Court holding that gays must be afforded the constitutional right to marry last week, those of us who practice federal criminal law were pondering the implications of Johnson v. United States. Johnson asked the Court to consider the constitutionality of the Armed…

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