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Book Review: The I Chong: Meditations From The Joint (2006), Donald E. Wilkes Jr.

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Book Review of THE I CHONG: MEDITATIONS FROM THE JOINT, by Tommy Chong (NY: Simon Spotlight Entertainment, 2006).

Pot Pope Imprisoned, Donald E. Wilkes Jr.

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From 1995 to 2003, the most recent year for which we have statistics, sentenced drug offenders accounted for 49% of the growth in the number of inmates in federal prisons. In 2003, 55% of all federal prison inmates (87,000 of 158,000) were sentenced for drug offenses.

Jfk Blown Away -- Hooray! Kennedy's Dallas Visit Roiled Hate Groups, Donald E. Wilkes Jr.

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Exactly 43 years ago, on Nov. 22, 1963, 46-year old President John F. Kennedy was assassinated at 12:30 p.m. in Dealey Plaza in downtown Dallas, TX.

Dallas was then, as Matthew Smith notes in JFK: THE SECOND PLOT (1992), "the southwest hate capital of Dixie... In its politics and in its people, Dalls represented the right wing as far as it could go." Before and during his Dallas visit, local right-wingers busied themselves to make JFK unwelcome. They were angry and indignant that JFK was coming to their city. In fact, at the very time shots were being fired at …

Habeas Corpse: The Great Writ Hit, Donald E. Wilkes Jr.

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Twice within the last year the current, 109th Congress has enacted anti-habeas corpus statutes–statutes that curtail the efficacy of the writ of habeas corpus. These dreadful statutes are Orwellian nightmares. They are, in the words of Sen. Patrick Leahy, “un-American” and “undercut everything this nation stands for.” They are practically unparalleled in our history in opening the door to legalized oppression. They are colossal mistakes which future generations will deride in the same way our generation scorns the Alien and Sedition Acts of 1798 or the congressional legislation that authorized the internment of the Japanese-Americans during WW2.

I Accuse...! A Letter To The Honorable Clarence Thomas, Donald E. Wilkes Jr.

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My dear Mr. Justice Thomas,

With all respect, will you permit me to express candidly my concerns about your proclivity for demeaning human rights? Will you allow me to tell you frankly, sir, that because of your relentless hostility to human rights claims you are a painful embarrassment to the Court you sit on, to America's heritage of liberty, and to the rule of law?

Swatstika Policing, Donald E. Wilkes Jr.

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At 9:35 p.m. on Tuesday, Jan. 24, 2006, in Fairfax county, Virginia, a police SWAT team, armed to the teeth, decked out in battle fatigues, helmets, flak vests, and other military accouterments, arrived at the townhouse of Dr. Salvatore J. Culosi, Jr., a 37-year old optometrist. Culosi was a suspected bookie who had been making illegal sports bets from his home, and Fairfax police had obtained a warrant for his arrest and a search warrant to search his residence for gambling paraphernalia. Culosi had no history of violent behavior and his alleged crimes were nondangerous, but the practice in Fairfax …

Defending The Right To Self-Representation: An Empirical Look At The Pro Se Felony Defendant, Erica J. Hashimoto

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Assistant Professor Erica Hashimoto outlines her research on why felony defendants should continue to have the constitutional right to represent themselves.

Drawing The Line: One Taxpayer's Economic Development Incentive Is Often Another's Discriminatory Tax, Walter Hellerstein

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Shackelford Professor Walter Hellerstein shares his opinions regarding Congress' need to define more clearly what types of state and local tax incentives are legal. Prof. Hellerstein was asked to provide testimony on these issues at a U.S. Senate hearing before the Subcommittee on International Trade of the Committee on Finance. He also testified on this topic before a U.S. House of Representatives subcommittee and provided an overview of the American debate to the United Kingdom’s Treasury Department, which faces similar issues in relation to Member States of the European Union seeking to encourage economic growth and productivity in their respective …

From Mayberry To Nuremberg, Donald E. Wilkes Jr.

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It will soon be six years since five right-wing Republican U.S. Supreme Court justices, first, on the flimsiest of pretexts, outrageously stopped an ongoing, soon-to-be completed vote recount and then, in the most scandalously partisan and dishonest judicial opinion in recent history, hand-delivered the presidency to fellow right-wing Republican George Bush.

Still Striking Foul Blows, Donald E. Wilkes Jr.

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Nearly three-quarters of a century ago, the Supreme Court of the United States, expounding on the legal and ethical responsibilities of a prosecutor, announced that “while he may strike hard blows, he is not at liberty to strike foul ones. It is as much his duty to refrain from improper methods calculated to produce a wrongful conviction as it is to use every legitimate means to bring about a just one.” Berger v. United States, 295 U.S. 78, 88 (1935).

Human Rights And Due Process Of Law, Donald E. Wilkes Jr.

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One of our constitutional rights, the right to due process of law, is terra incognita to most Americans, even though it is one of the most important constitutional rights. This article discusses the history of this fundamental right.

Pollen Drift And The Bystanding Farmer: Harmonizing Patent Law And Common Law On The Technological Frontier, Paul J. Heald, James C. Smith

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Patent law provides an impressive laundry list of defenses available to farmers who are the victims of unwanted pollen drift. The common law works hand-in-hand with patent law to ensure that a farmer’s choices are respected. Strong arguments can be made that positive economic relief should be afforded to farmers who can show the value of their crop has been diminished due to pollen drift. GMO pollen drift is a new, high-tech problem, but well-established principles of federal and state law appear prepared to offer viable low-tech solutions.

Gatekeeping After Gilbert: How Lawyers Should Address The Court's New Emphasis, Brian Benner, Ronald L. Carlson

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In the world of modern trials, expert witnesses are the coin of the realm. Lawyers know that most of the time, experts are case-breakers. Their demeanor, knowledge, and presentation ability are key qualities. Accordingly, their persuasive effect on modern lay jurors makes it incumbent on judges to ensure that an expert's opinions are appropriately directed. That means not allowing an economist to testify about the medical dynamics of bone disease, for example.

Deus Ex Mafia: The Solution To America's Greatest Murder Mystery?, Donald E. Wilkes Jr.

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The assassination of President John F. Kennedy is, in the words of journalist David Talbot, "the greatest unresolved mystery of the 20th century." Each year dozens of books are published on the assassination. The most important JFK assassination book to appear in 2005 was Ultimate Sacrifice. The book is the result of 17 years of research and investigation; the two authors have consulted hundreds of books, pored over hundreds of thousands of the millions of government documents relating to the assassination declassified since 1992, and interviewed scores of persons, including former high-ranking officials of the Kennedy administration.

Kelo V. City Of New London: Supreme Court Refuses To Hamstring Local Governments, James C. Smith

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The Court's decision last term in Kelo v. City of New London, 125 S.Ct. 2655 (2005), has drawn heavy fire, most of it unmerited. By the narrowest of margins, the Court held that the city could take single-family homes to develop an office park and to provide parking or retail services for visitors to an existing state park and marina. Many observers thought the Court would take this opportunity to display its "conservative" activism by reining in the power of eminent domain. After all, the Court has grown increasingly protective of property rights during the past two decades. See …