Overcriminalization in NY State Law

    Last week, I noted the case of a people-search website that was accused of violating the Fair Credit Reporting Act when it hadn’t set out to do credit reporting in the first place. That was a mere regulatory case with the FTC. But regulatory violations often boil over into criminal cases, and these too can take defendants by surprise. The more crimes there are, the | Read More »

    Gupta prosecution rests

    I’ve argued that insider trading ought to be legal, and that we ought to care about Rajat Gupta because he is being prosecuted for violating an unjust law, so I’ve posted to my blog from time to time about the Gupta trial. Here’s my latest: an update on the occasion of the prosecution’s resting its case — and the defense saying Gupta may testify.

    A Health Insurance Speech Mandate

    ObamaCare requires insurers to send out rebates and emphasize that the checks are the fruit of “the Affordable Care Act–the health reform law.” Are insurers being forced to publish a campaign ad? http://www.atlassociety.org/brc/blog/2012/05/14/health-insurance-speech-mandate

    George Lucas Strikes Back

    People’s genuine interests don’t conflict, but sometimes their wishes do—and when the law says you can’t produce without permission, sometimes production is stymied. But that doesn’t mean producers are helpless, and the man who put swordfighters on spaceships may have found a response that will give his neighbors a taste of regret…   http://www.atlassociety.org/brc/blog/2012/05/14/george-lucas-strikes-back

    Waiting for Gershon

    by Alexander R. Cohen | Dec 29, 2011  “The law’s delay” is proverbial; there are snails sculpted on the flagpoles at the Supreme Court. But how long should a person sit in prison waiting for the court that convicted him to decide whether what he was convicted of doing was actually a crime? Bradley J. Stinn’s lawyers think he’s been waiting too long—and they’ve asked an appellate | Read More »