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Friday, May 24, 2013

How the Arroyo Jury Got It Right


Boston jury recently proved, in the prosecution of a former Boston firefighter accused of mil fraud, that twelve ordinary citizens can be more discerning than the Fourth Estate and have a better sense of constitutional values than federal prosecutors.

News Corp, the FCPA, and Eliot Spitzer's 'Longstanding Practice' of Hypocrisy


Eliot Spitzer has been 
leading the charge to indict Rupert Murdoch’s News Corporation under the Foreign Corrupt Practices Act (FCPA). But Spitzer takes this position seemingly unaware that, had a different federal prosecutor used such logic against him, he might very well be in jail right now, as I explain in the latest post to my Injustice Department blog on Forbes.com.

Justice 'Deferred'


In a recent front-page article in The New York Times, reporters Gretchen Morgensen and Louise Story argue that “Deferred Prosecution Agreements” represent a softer approach to corporate crime. What the Times misses, however, is the extent to which these arrangements, and their proclivity for punishing the innocent, sow terror within the rank and file of corporate employees and officers. The Deferred Agreements, I write in my latest Forbes.com column, represent a creative way for the federal government to extract a large fine from the company, manufacture convictions of individual officers and employees, enhance the reputations and conviction rates of federal prosecutors before they head to Wall Street law firms for high-paying partnerships--all while dispensing with the inconvenience of indictment or trial.

WSJ: Yes Means Yes—Except on Campus


As those who read my first book, The Shadow University: The Betrayal of Liberty on America’s Campuses, already know, despite their reputation as places of free inquiry, personal liberty, and supportive community, college campuses have become increasingly repressive and bureaucratic institutions. Nowhere has this trend been more evident of late than in the realm of sexual assault and harassment, where unprecedented government intervention into the personal lives of students has produced alarming and irrational results.

2011 Muzzle Awards: Another year of crushing free spirits at our colleges and universities


Every year, around July 4th, Dan Kennedy and I collaborate on the Boston Phoenix’s annual “Muzzle Awards,” recognizing those people and organizations that have done the most in the prior 12 months to further the cause of censorship. Kennedy selects the “winners” of the award out in the world at large, and I focus on academic institutions and people who are responsible for censorship in the world of higher education (notwithstanding, of course, that old quaint notion of “academic freedom”).

This year, Wesleyan University and Yale College have each earned a Muzzle (Yale is on the list for the second year in a row), while repression at Widener School of Law has earned the Wilmington, Delaware institution a dubious Double Muzzle. And UMass-Amherst, for proposing a Draconian change to its student code, gets a Muzzle warning. What were the other infractions on student liberty? Find out, here.

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