Legal Affairs – Nothing in the Constitution Bars Helping Inner-City Kids

National Journal

Eulanda Johnson sees her daughter’s move from Cleveland’s dismal public school system to St. Mary’s Elementary as a kind of deliverance. At public school, she says, 9-year-old Ebony learned little amid the disruptive kids, and administrators "only want your kid in that seat to get the money" from the state. At St. Mary’s, "I felt welcome when I walked in the door, and when I walk through a door and feel the warmth and the care, I know that that’s the school for my child." Before long, with the help of a state voucher program that pays most of her tuition, Ebony "wanted to start learning."

Legal Affairs – The Role Of Ideology in Judicial Selection: Test Case

National Journal

Federal District Judge Charles Pickering Sr. of Mississippi has the misfortune of being the first Bush federal appeals court nominee openly targeted by liberal groups and Senators determined to block the President from transforming the lower courts-and, if he gets a chance, the Supreme Court-into conservative bastions.

Legal Affairs – How More Rights Have Made Us Less Free

National Journal

Teachers in Michigan’s public schools are prohibited by law from patting students on the back, lest someone shout "sexual harassment." But it is almost impossible to get an incompetent teacher, or a disruptive child, out of the classroom anywhere in the country. Bristol, Conn., like other towns, has removed the seesaws and merry-go-rounds from its playgrounds. Some kids find the new, certifiably safe playground equipment so boring that they make up games of crashing into it on their bicycles.

Legal Affairs – We Don’t Need to Be Scofflaws to Attack Terror

National Journal

Modern terrorism "renders obsolete [the] strict limitations on questioning of enemy prisoners" required by the 1949 Geneva Conventions, White House Counsel Alberto R. Gonzales wrote in a memo drafted for President Bush (leaked to The Washington Times), "and renders quaint some of its provisions requiring that captured enemy be afforded such things as commissary privileges … athletic uniforms and scientific instruments."

Legal Affairs – Beware of Cures That Are Worse Than the Disease

National Journal

The Enron spectacle is capitalism’s gift to campaign finance reformers. At a time when they are close to having the signatures they need to force the Republican leadership to bring the Shays-Meehan bill to the House floor, along comes a dramatic reminder of the ugliness of soft money.

Legal Affairs – It’s Time to Junk the Double Standard on Free Speech

National Journal

It made news when hecklers booed Sacramento Bee publisher Janis Besler Heaphy so loudly and long-for suggesting that the government had gone too far in curbing civil liberties since September 11-that she could not finish her December 15 commencement speech at California State University (Sacramento). "Many interpret it as a troubling example of rising intolerance for public discourse that questions the nation’s response to the September 11 terror attacks," reported the Los Angeles Times. The New York Times and other major newspapers weighed in with similar articles. ABC News’ Nightline did a special report.

Legal Affairs – Send the Traitor to Prison, but Don’t Execute Him

National Journal

Is John Walker a candidate for the firing squad? Or a mixed-up kid who should be sent to bed without his dessert? Measuring the known facts (and much remains unknown) of this bizarre case against laws and judicial precedents, the answer appears to be that Walker is a traitor who may be hard to convict of treason, who does not appear to deserve the death penalty (unless evidence not yet public implicates him in one or more murders), and whose case raises as many tricky legal questions as any law school exam. "It’s a devil’s brew of intricate and complex issues of U.S. criminal law, of constitutional law, of military law, and of international law," says Eugene Fidell, president of the National Institute of Military Justice.

Legal Affairs – How 9/11 Shines a Spotlight on Litigation Lottery

National Journal

It was obvious to almost everybody after the twin towers came down that the foreseeable plague of lawsuits against the airline industry and the owners of the destroyed World Trade Center-as well as its architects, engineers, builders, insulation suppliers, and every other solvent company that had anything to do with the place, not to mention Boeing Co. and the City of New York-would be a repugnant spectacle.

Defense – Making the Tough Tougher

National Journal

QUANTICO, Va.-Capt. Louis E. Isabelle is in the ring, pounding furiously at Staff Sgt. Clive D. Mitchell. Fending off most of the blows with his heavy gloves, the sergeant gives as good as he gets. A few feet away, about 10 other members of Isabelle’s "team" shout out repetitions as they struggle through a succession of drills designed to be not merely strenuous, but impossible: more 50-pound-weight curls, more "Korean jumping jacks," more "Australian push-ups," more contortions of other varieties than even an iron man could do in the time allotted. Buckets of sweat pour down heavily muscled arms and chests. The roar is deafening.

Boxing gloves and padded headgear are not the weapons that any Marine would choose for jobs such as hunting down Al Qaeda in Afghanistan or executing amphibious landings on hostile shores. But in the fog of war, close-in combat is always a possibility, notes Lt. Col. George H. Bristol, "starting with assault-rifle fire at maybe 10 yards and moving in to where you’re fighting with the weapon, being up in an enemy’s face and having to either smash him or take him to the ground to finish him off." Martial arts techniques of the nonlethal variety can also be invaluable in peacekeeping duty, disarming agitated civilians, dispersing angry mobs, transporting prisoners, or handing out food rations to crowds of starving people.

And for all the high-tech weaponry in today’s arsenals, the grueling physical regimen and fighting techniques taught at the Marine Corps Martial Arts Training Program, which is based at Quantico, are playing an increasingly important role in training Marines at all levels, maintaining their warrior spirit, and giving them confidence that they will be ready when called upon to fight. "A Marine Corps of well-trained tan belts," says Bristol, the director of the program, "will kick the shit out of anybody else in the world, sir!"

Legal Affairs – Politically Correct Idealogues, Still Stuck In Their Ruts

National Journal

The horrors of September 11 have had some healthy aftereffects: A newfound patriotism and community spirit. A deeper respect for the heroism of people who do dangerous jobs to protect the rest of us. A fuller appreciation of how much more free, more diverse, more tolerant, and more civilized our much-disparaged society is than the societies that wallow in anti-American hatred and barbarism.