Willful blindness is not knowledge; and judges should not broaden a legislative proscription by analogy. —Justice Anthony Kennedy, May 31, 2011[1] A recent decision of the Supreme Court of the United States in a patent lawsuit may, somewhat surprisingly,…
Abstract: Although the Constitution’s great structural principles of federalism and separation of powers are designed to guard against the abuse of governmental power and secure individual liberty, Congress routinely flouts these constitutional safeguards by enacting vague, overly broad, and other improper and unconstitutional criminal…
Last week, President Obama squandered his primetime speech on the Gulf oil spill by belaboring the issue of BP’s legal liability and monetary payments. No one—not even BP or its drilling partners—had been questioning whether the companies should bear the full cost of their legal liabilities for the oil spill…
The political pressure to criminalize innocent conduct has proved difficult for most Members of Congress, irrespective of party affiliation, to resist. As a result of these pressures, Congress often crafts criminal legislation that is “misguided, unnecessary, and even harmful.”[1] It is far too easy for a Member of…
For centuries, the concept of a “guilty mind” has been at the core of what makes someone a criminal. Most Americans rightly think that no one deserves criminal punishment unless he intended to break the law or knew that his conduct was unlawful or sufficiently wrongful so as to put…
…
Until recently, it was fashionable for the political left to argue that the United States should not serve as the “world’s policeman.” The international human rights community, heavily dominated by Europeans and other Europhiles, has lobbied so hard for so long to change that school of thought that the…
Never stir up litigation. A worse man can scarcely be found than one who does this. Who can be more nearly a fiend than he who habitually overhauls the register of deeds in search of defects in titles, whereon to stir up strife, and put money in his pocket? --Abraham Lincoln[1] Invoking the…
Created in the middle of President Bill Clinton's first term, the Community Oriented Policing Services (COPS ) program[1] promised to put 100,000 new state and local law enforcement officers on the street by 2000. Critics said that COPS would fail to meet this goal and that state and local…
Every decent person abhors violent crimes that are motivated by prejudice or bias. Thus, the case for congressional legislation that would expand federal authority that already prohibits some "hate crimes"[1] may seem compelling. But the Local Law Enforcement Hate Crimes Prevention Act of 2009 (H.R. 1913, HCPA) is based on serious…
How much danger does the federal government’s unprincipled, out-of-control body of criminal law pose to, say, the...…
Aspiring inventor Krister Evertson received a two-year sentence for allegedly abandoning materials that he had stored in...…
The Wall Street Journal this weekend documented several sad features of the federal government’s proliferation of poorly...…
We’ve all heard of the fashion police but probably assumed that was just a figure of speech. It turns out, however,...…
Today the U.S. Supreme Court will consider the connection between an international convention to eliminate chemical...…
What happens when the Florida legislature eliminates the centuries-old requirement that the government must prove that...…
One of the reasons that John Stossel’s face, voice, and trademark “Give Me a Break” tagline are so familiar to...…
7:30 Alt on Kagan’s Activism and Willingness to Interpret the Constitution based on Foreign Law Robert Alt entered into...…
In Day Three questioning of Supreme Court nominee Elena Kagan, conservative senators continued to press for clear,...…
Day two of the Elena Kagan confirmation hearings saw a little less posturing than yesterday’s opening salvos by...…
Brian Walsh on the Obamacare Ruling on PBS Brian Walsh discusses the recent ruling on Obamacare. …
Brian Walsh on One Nation Under Arrest on Stossel Brian Walsh discusses overcriminalization and the Heritage book, One Nation Under Arrest; and John Stossel interviews some of the victims of overcriminalization from the book. …
Brian Walsh on Free Speech in Shopping Malls on CNN Brian Walsh discussing free speech in shopping malls. …
Enacting Principled Non Partisan Criminal Law Reform Advic Brian Walsh, Senior Legal Research Fellow at The HeritageFoundation, discusses how President-elect Obama can keep his pledgeto improve the administration of criminal justice for allAmericans, …
Brian Walsh on FOX 12 3 07 Brian Walsh on FOX 12/3/07 …
Heritage In Focus Three Concerns About Rapid Expansion The rapid expansion of federal criminal law leads to these threeconcerns: 1) It's easy to unknowingly violate federal criminal …
The Facts About Guantanamo Bay Brian Walsh talks about Guantanamo Bay …
The Over-Criminalization of America Brian Walsh discusses the explosion in the size and scope ofcriminal law in America. …
Heritage In Focus Supreme Court s EPA Ruling Questions of judicial activism on global warming are raised by theSupreme Court ruling that the Environmental Protection Agency hasauthority …
Brian Walsh on Mortgage Rate Adjustments on Fox Brian Walsh debates Bob Beckel on Hillary Clintons plan to involvethe government on mortgage rate adjustments the on FOX …
Please complete the following form to request an interview with a Heritage expert. Please note that all fields must be completed.