Are overcrowded prisons unconstitutional?

Jonathan Simon interviewed by Slate, March 18, 2015

“Does the Eighth Amendment just prevent torture, or does it protect something more? If it just protects us against torture then obviously it’s a very limited right, and we have to wait until things get really awful in prisons before courts are going to do anything. But if torture is just being protected against because it’s one way to destroy and degrade ‘human dignity,’ then I think almost everything we do in prison has to be rethought.”

Canadian politics goes to the dogs

Ian Haney López book cited in Victoria News, March 17, 2015

Likely no country has employed dog-whistle politics longer or with more gusto than the United States. Indeed, in a book published last year … law professor Ian Haney López traced the practice back to the 1960s, long before the term was coined in Australia.

Talking in codes

Ian Haney López interviewed by Chicago Reporter, March 13, 2015

Dog whistle politics is all about the stimulation of racial fear. And yet, we should be clear on those who are doing the stimulating—on the politicians, the conservative sort of strategists, the Fox News media folks. … What happens in minority communities is just collateral damage. What they care about is winning votes, demonizing government, cutting taxes for the very rich.

How loopholes turned Dish Network into a ‘very small business’

Steven Davidoff Solomon writes for The New York Times, February 24, 2015

At this point you may be scratching your head. How can Dish, a company with a $34 billion market value, be a “very small business”? … Through sleight of hand and aggressive use of partners and loopholes, Dish turned itself into that very small business, distorting reality and creating an unfair advantage.

Delaware courts pause on the deal price do-over

Steven Davidoff Solomon writes for The New York Times, February 19, 2015

The surge in appraisal rights cases and the arguments from advocates and opponents have been dumped into the laps of the courts in Delaware, where most companies are incorporated and these actions mostly take place. Delaware judges are beginning to sort this issue out.

A violin once owned by Goebbels keeps its secrets

Carla Shapreau writes for The New York Times, September 21, 2012

During the war musical manuscripts, printed music, books and instruments were confiscated, swept up as war trophies, lost or displaced under circumstances of crisis. A Nazi unit known as the Sonderstab Musik was among those tasked with such looting. Evidence of seizures and opaque transactions during the Nazi era are scattered in a sea of archival records in the United States and Europe.

Questions loom over China’s legal reform drive

Stanley Lubman writes for The Wall Street Journal, March 17, 2015

What remains unclear is whether Chinese leaders intend to make meaningful changes within that framework to raise the quality of Chinese justice, or are merely paying lip-service to justice as they continue the old patterns of authoritarian control.