August 2017

  • August 11, 2017
    Guest Post

    by SpearIt, Associate Professor of Law, Texas Southern University Thurgood Marshall School of Law

    *To purchase this book, click here

    In recent decades, the United States has been under a “lock ’em up and throw away the key” mentality when it comes to imprisonment. The Supreme Court has left the question of prison sentencing to the near-complete discretion of legislatures, while placing little constitutional constraint on how long inmates can be held in solitary confinement.  This hands-off approach by the Court runs parallel to federal and state lawmaking that has ratcheted prison sentences upwards-only, making criminal sentencing in America something of a runaway train.

  • August 10, 2017
    Guest Post

    by Mike Powell, Executive Director, Greenbelt Land Trust of Mid-Missouri

    A dominant[1] narrative[2] following last November’s election was that the Democratic Party had left rural America behind, and rural Americans responded by defecting en masse to vote for Donald Trump.  A variety of justifications for that defection have been floated, ranging from an affinity for Trump’s populist rhetoric and isolationist trade policies such as  “I was worried about the fuel prices,”[3]  to a simple desire to watch the rest of America suffer the way rural areas have suffered in the face of increasing urbanization, outsourcing, and skyrocketing land prices.  They didn’t care about Trump the policymaker – they wanted Trump the human hand grenade.

  • August 8, 2017
    Guest Post

    by Katie Eyer, Associate Professor at Rutgers Law School

    *Her Issue Brief on this subject, Sex Discrimination Law and LGBT Equality is available on the ACS website.

    The last week of July confirmed what many people already knew: that the Trump administration is no friend to LGBT rights.  On July 26, 2017, the President declared, by tweet, that “the United States Government will not accept or allow…Transgender individuals to serve in any capacity in the U.S. Military.”  That same day the Trump Justice Department filed an amicus brief in private litigation urging the 2d Circuit to find that gays and lesbians are not covered by federal antidiscrimination law.

  • August 7, 2017

    by James E. Pfander, Owen L. Coon Professor of Law, Northwestern University Pritzker School of Law

    *If you would like to purchase a copy of Professor Pfander’s book, follow this link and use the code ALFLY5F for 20% off. 

    Constitutional Torts and the War on Terror (Oxford University Press 2017) examines the judicial response to human rights claims arising from the Bush Administration’s war on terror. Despite widespread agreement that the Administration’s program of extraordinary rendition, prolonged detention, and “enhanced” interrogation was torture, not a single federal appellate court has confirmed an award of damages to the program’s victims. The silence of the federal courts leaves victims without redress and the constitutional limits on government action undefined.

  • August 3, 2017

    by Christopher Wright Durocher 

    Since announcing his campaignDonald Trump has claimed that he alone could restore law and order to a lawless, chaotic and violent country. In return for his commitment to this 1980’s era law and order rhetoriche earned the endorsements of the National Fraternal Order of Police, the National Border Patrol Council, the National Immigration and Customs Enforcement Counciland numerous local police organizationsAccording to Fraternal Order of Police President Check