Judicial

Artists should control their music

The Department of Commerce Internet Policy Task Force is considering a disturbing proposal that would allow anyone to remix, mash-up, or sample music without asking permission.

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Congress cannot stop the exporting of American oil

Federal law, since 1974, generally prohibits exporting American oil, but that law violates the Export Clause, which provides that Congress can impose “No Tax or Duty” “on Articles exported from any State.” 

Could Congress impose an...

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Bones to pick with Citizens United on fourth anniversary

It has now been four years and two election cycles since the Supreme Court delivered its bombshell decision in the Citizens United case, and the damage to our democracy and to the public’s faith in its elected officials has been staggering....

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Will the High Court strike down recess appointments?

In a twist of Shakespearean irony, it appears that the highest court in the land is about to declare that recess appointments made a president who campaigned on his expertise as a constitutional law professor, were unconstitutional.

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Intolerable invasion of privacy

The government can subpoena pretty much anything we store online – business plans, financial records, calendars, diaries, photographs – without a warrant and without good reason to believe a crime is being committed.

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Three senators with two faces

For Sens. Mary Landrieu (D-La.), Mark Pryor (D-Ark.), and Mark Begich (D-Alaska), saying one thing in the home state and doing the opposite in Washington, D.C. has been a routine occurrence.

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Congress can create a smarter criminal justice system

It’s time to change our country’s extreme sentencing laws that destroy lives and waste taxpayer dollars with no benefit to public safety. We need the Smarter Sentencing Act to make our criminal justice system smarter, fairer, and more humane.

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