Friday, May 24, 2013

A sampling of the twists and turns Harvey has faced in a long struggle for liberty.

Archive by Years

Man's Best Friend Is No Friend to the Fourth Amendment

In a bizarre mid-February opinion in the case of Florida v. Clayton Harris, the US Supreme Court unanimously ruled that a drug-sniffing dog’s credentials—rather than his field accuracy—are what matter in determining whether the dog’s tail-wagging “alert” creates sufficient probable cause for police to conduct a search without a warrant. This elevation of credentials over demonstrated skill should come as no surprise: Of the nine Supreme Court justices, five were full-time academics at some point before joining the Court, three were adjunct professors and only one earned his stripes exclusively in the real world. In my most recent piece for Forbes.com, I explain how the Florida v. Clayton Harris ruling is an invasion of citizens’ privacy rights that nevertheless united a divided Court based on the justices’ shared reverence for impressive curriculum vitae. 

The column after the jump...

Kevin Cullen writes about my former client David LaMacchia

The tragic suicide of computer genius Aaron Swartz earlier this month has sparked widespread criticism of the Justice Department and of how prosecutors Carmen Ortiz and Steve Heymann mishandled Swartz’s case. I wrote my own piece for last week’s Massachusetts Lawyers Weekly about how Swartz was hardly the first victim of this system run amok. In his column for Tuesday’s Boston Globe, columnist Kevin Cullen writes about the similar case of David LaMacchia. I represented LaMacchia when he was a student at MIT nineteen years ago and found himself in trouble with the DOJ after using the MIT system to copy software and post it to a virtual bulletin board for others to freely access. Unbelievably, LaMacchia was actually pursued by the same career prosecutor who eventually went after Swartz.

Cullen’s haunting piece begs to be read and shared. You can find it on the Boston Globe's website.

Vote for Death with Dignity

Massachusetts voters face a question of profound importance on the ballot this November. That is, whether to approve the Death with Dignity Act, which would permit physicians to prescribe life-ending medication to patients with incurable disease and less than six months to live. In a recent column for the Boston Herald, co-authored with my research assistant Juliana DeVries, we argue that personal liberty should govern this most personal area of life: one’s own death. If terminally-ill adults want to end their lives and their suffering, the government should allow them the merciful option of doing so. 

The column after the jump...

John Silber, tough witness, R.I.P.

John Silber, the former Boston University president who passed away last Thursday, September 27th, was known for many things. I tussled with him here and there, such as when he tried to fire some leftist members of the faculty whose academic freedom, I thought, protected them from such action. However, I also witnessed his principled attempt to fight back against the idiocy of the university thought police that remains a plague in American higher education.

In my most recent piece for ThePhoenix.com, however, I tell a less well-known Silber story that illustrates his courage and integrity. In 1986, federal prosecutors tried to get Silber to finger then Boston Mayor Kevin White in a corruption investigation of City Hall. They subpoenaed Silber to testify before a secret anti-corruption grand jury. Instead of invoking the Fifth Amendment privilege against self-incrimination, Silber took the witness stand and told it like it is. The feds proved not up to the task of getting Silber (in Alan Dershowitz’ immortal phrase) not only to sing, but also to compose.

The column after the jump...

The Lying Witness, the Dank Cellar, and the Dingy Coffee Shop


William Weld famously won 109 out of the 111 cases his office prosecuted when he was US Attorney for Massachusetts. I am quite proud to be one of the two blemishes on his career. All it took was overzealous prosecutors, unscrupulous federal agents, a lying witness (hardly unusual in federal criminal trials), and the basement of a dingy coffee shop.

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