Posts from lawfareblog.com
Why the Attorney General's Meddling on Antitrust Issues MattersA Justice Department veteran testified last week that attorneys in the Antitrust Division were ordered to open unfounded investigations targeted at companies Attorney General Barr dislikes. If true, this is deeply troubling.
The Role of Federal Courts in Coronavirus-Related Immigration Detention LitigationAs the pandemic goes on, lawsuits in federal courts have proliferated across the country challenging the inadequate response of Immigration and Customs Enforcement (ICE) to the spread of the coronavirus.
Hold Police Accountable by Changing Public Tort Law, Not Just Qualified ImmunityTo the extent that public tort law can serve as a viable mechanism for law enforcement accountability, revamping tort claims acts, including statutory privileges and indemnification regulations, may serve as a greater vehicle for reform than eliminating qualified immunity.
Preemption: A Balanced National Approach to Protecting All Americans’ PrivacyAdapted from a June 2020 Brookings report, this is the first in a series of Lawfare posts addressing federal privacy legislation. This piece focuses on proposals for federal preemption of state privacy laws, and the next piece will focus on a right for individuals.
The Shoddy History Behind a Key Precedent in the Flynn CaseThe Justice Argument argues that Rule 48(a) of the Federal Rules of Criminal Procedure gives the judge in Michael Flynn’s little leeway in dismissing the case against him. New research shows that the history behind this argument is wrong.