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  • Progressives Want to Send Innocent People to Jail…to Set an Example?

    Should society throw people into jail who admittedly did nothing blameworthy just to set an example for others? That is exactly what the Center for Progressive Reform has suggested doing in a recent report on the Occupational Safety and Health Act. In criminal law, the Supreme Court has embraced what … More

    Government Agencies Using Criminal Law for Self-Promotion

    In a prior Foundry post, we highlighted the egregious misconduct of the National Oceanic and Atmospheric Administration’s (NOAA) Office of Legal Enforcement in the prosecution of marine biologist Nancy Black. NOAA is criminally prosecuting her for bogus charges, including lying to investigators and feeding whales. These charges could land Black … More

    Save the Whales NOAA

    Nancy Black is a marine biologist who has dedicated her life to the preservation and study of whales. National Geographic and PBS have featured her work. Yet, the federal government is now prosecuting her—persecuting her would not be too strong a term—for her efforts to learn more about whales. Why? … More

    Is Dropping a Banana Peel a Crime?

    Can a person be convicted of a felony for ordinary negligence? Surprisingly, yes. Today there are a number of statutes and regulations that make ordinary negligence not only a crime but a felony. Negligence is a concept most often used in civil law. Ordinary negligence occurs when a person owes … More

    DOJ Bullies Gibson into Submission: Will Congress Allow This to Happen Again?

    The Heritage Foundation has been writing about the problems that Gibson Guitar has faced for a long while now. Sadly, Gibson has bowed out of the fight due to bullying by Department of Justice (DOJ) prosecutors. Gibson has been strong-armed into paying a $300,000 fine and a $50,000 community service … More

    When It Rains in Oregon, the State Owns the Raindrops

    Who owns the rain? That sounds like a silly question, but the answer may surprise you. If you live in Oregon, Oregon does. So what does that mean in practice? Well, if you live in Oregon and dig a pond on your own property without a license, and the pond … More

    Inappropriate for Appropriations Bills (and Other Bills, Too)

    This session, Congress has consistently increased criminal penalties through legislation. In what type of bills are they doing it? In appropriations bills, of course. Where else would Congress increase criminal penalties? For example, in the fiscal year (FY) 2013 Foreign Relations Authorization Act, the maximum penalties for violation of Arms … More

    Just What We Need: A Bureaucracy for Professional Boxing

    A recent poll of American voters found that their top concern is the fair and accurate ranking of professional boxers. Not really, of course, but a new bill in the House and the Senate addresses this apparently egregious problem. The Professional Boxing Amendments Act of 2012, introduced in the Senate … More

    The Fashion Police – Literally

    What if a person committed a crime simply by wearing the wrong outfit? What if that person were subject to a $2,000 fine, up to 90 days in jail, and community service for what he or she was wearing? Can’t happen? Think again. According to a news story from CBS … More