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  • Bush's Awful Auto Bailout

    This morning the President announced that his Administration, acting unilaterally after Congress declined to intervene, will bail out the auto industry to the tune of $13.4 billion now, another $4 billion in February, and who knows how much thereafter. What a terrible proposal! First of all, this is a bailout, … More

    TARP: Now A Slush Fund for Detroit?

    With the Senate’s rejection of a bailout for Detroit’s ailing automakers, there now comes word that President Bush is actively considering using funds allocated by Congress for the Trouble Asset Relief Program (TARP) to prop up the automakers for the time being. Such action would be wrong legally, wrong economically, … More

    Auto Bailout Includes Kelo-Style Unconstitutional Takings

    A key provision of proposed legislation to bailout  General Motors and Chrysler, which say they are on the brink of insolvency, may be an unconstitutional taking of private property. The Takings Clause of the Constitution has been the subject of considerable public interest since the Supreme Court’s Kelo decision involving … More

    MySpace Trial Sets a Dangerous Precedent

    Jury selection begins today in the trial of Lori Drew, indicted by federal prosecutors for using false information to create a MySpace account. Yes, that’s right: she’s not charged (pdf) with “cyber-bullying” or harassment or even causing the death of Megan Meier, the teen who committed suicide after she received … More

    Let’s Call It Shwantanamo

    On January 20, 2009, a new President will enter office. Both John McCain and Barack Obama have said that they would shut down the detention camp at Guantanamo Bay, where the United States now holds about 255 prisoners captured abroad in the war on terrorism. So what’s like to happen … More

    Online Anonymity? Go Directly to Jail

    Forget the over-hyped bogeymen net neutrality and the ever-more-omniscient Googleplex. The real threat to Internet freedom comes from plain old criminal law. In three weeks time, Missouri housewife Lori Drew will face trial for entering false personal details when she signed up for a MySpace account. Her indictment alone, whether … More

    Continuing the "Culture of Waiver" at DOJ

    Many have noted that the so-called “Filip Memorandum,” DOJ’s effort to forestall legislation limiting its ability to force companies to waive the attorney-client privilege, does not apply to prosecutions originated by federal agencies other than the Justice Department (e.g., here, here, and here), but few have recognized that the new … More

    Palin Hackers Face Jail Time for Making Internet Less Classy

    From triumph to terror—that’s the likely emotional roller coaster of the denizens of the “/b” message board on the 4chan website who hacked into Gov. Sarah Palin’s email account earlier this week. The toasts of the left-learning Internet on Tuesday, by this morning they knew themselves to be in the … More

    More Lawsuits: Just What the Economy Needs

    As Americans watch the financial markets agog at what’s next and tighten belts for fear of slowdown or even recession, Congress chugs merrily along on track to bulk up labor law and allow more lawsuits against employers. Already, labor law experts are expecting a surge in lawsuits if the economy … More

    Voter Fraud Puts Ohio Election at Risk

    Picture this: Hard-left activists busing thousands of the homeless and shelter residents to the polls for same-day registration and voting. What could possibly go wrong? The mind reels: identity fraud, multiple votes, improper influence, bought votes, non-citizen voting, and on and on. Unfortunately, that may be what’s in store for … More