Courts

Civic Education
commentary
The RAND Institute for Civil Justice: 40th Anniversary Reflections
Michael D. Rich @michaeldrich
Nov 6, 2019
The RAND Blog
For 40 years, the RAND Institute for Civil Justice (ICJ) has supplied government and private decisionmakers and the public with the results of objective, empirically based, analytic research. In this era of the diminishing role of facts and analysis in public life, or Truth Decay, the mission and research of the ICJ have never been more important.
Read More »

Counterterrorism
commentary
Now's the Time to Act on Guantanamo
K. Jack Riley @K_Jack_Riley, Michelle Kezirian, Richard B. Goetz, Jerrold D. Green
Apr 16, 2018
The Hill
Most of the 41 terror suspects who remain confined at Guantanamo Bay are unlikely to be released from custody any time soon. But the possibility that new detainees may soon be sent to the facility argues for early action to accelerate the legal proceedings against those already being held.
Read More »
Civic Education
commentary
Truth Decay and the Spirit of the Law
Dan Grunfeld
Mar 23, 2018
Daily Journal
The widening gap between how the law is expected to be (and generally is) practiced, and certain events transpiring in America's political and policymaking realms, is of increasing concern.
Read More »
Legal Case and Court Management
commentary
Terrorism on Trial: The Problem of Prosecuting International Jihadists
Antonia Ward
Mar 9, 2018
Georgetown Security Studies Review
The International Criminal Court may be the most ideal institution to try accused terrorists. The court would take into account the legal status of terrorists, the nationalities of their victims, and the location of the crimes — while upholding the core values of Western democracies.
Read More »
Immigration Legislation
commentary
The Immigration Debate: Building a Bridge Across the Deportation-Amnesty Divide
Douglas C. Ligor @DougLigor
Feb 28, 2018
The Hill
Discussions of U.S. immigration are dominated by arguments that pit “rule of law” proponents — focused on apprehension, detention, and deportation — against “humanitarian” supporters seeking a pardon or amnesty that will allow immigrants to stay in the country. Minor changes to the statute known as “Cancellation of Removal” could offer a compromise.
Read More »
Sentencing
commentary
The Intersection of Algorithms and an Individual's Rights
Dan Grunfeld
Sep 29, 2017
Daily Journal
Data collection, and our reliance on it, have evolved extremely rapidly. The resulting algorithms have proved invaluable for organizing, evaluating and utilizing information. How do individuals' rights come in to play, when data about their lives is compiled to create algorithms, and the resulting tools are applied to judge them?
Read More »
Drug Courts
commentary
Should California Drop Criminal Penalties for Drug Possession?
Beau Kilmer @BeauKilmer, Robert J. MacCoun
Jul 20, 2017
San Francisco Chronicle
Californians have a lot to consider when it comes to decriminalizing possession. But now is the time for a rigorous discussion about removing criminal penalties for drug possession, rather than rushing to judgment in the heat of a future election season.
Read More »
Civil Rights
commentary
Using Digital Data in Criminal Investigations: Where and How to Draw the Line?
Brian A. Jackson
May 15, 2017
Forensic Magazine
Personal devices such as smartphones and wearables gather and store personal data. How much of this "digital footprint" should be available for criminal investigations?
Read More »
Court Staffing and Funding
commentary
Discount Justice: Fiscal Austerity and State Courts
Kathryn Kuznitsky
Apr 18, 2017
Inside Sources
Budget cuts at the state court level can mean courthouse closures, hiring freezes and layoffs, leading to longer wait times for the public. Educating the public about the role and importance of the state courts is key to preventing more budget cuts in the future.
Read More »
Legal Case and Court Management
commentary
Does the Court System Know as Much About Electronically Stored Information as Your Teenager? It Should.
Duren Banks, Brian A. Jackson
Feb 21, 2017
TechCrunch
Electronically stored information from smart appliances, fitness trackers, and other devices is making its way into the U.S. court system. Judges and lawyers need to better understand this evidence so they can challenge it or rule on its admissibility in court.
Read More »
Data Analysis
commentary
No Company Should Be Able to Keep You from Checking Your Government's Math
Brian A. Jackson
Jan 18, 2017
Inside Sources
Data and computer models are becoming more and more important for making policy decisions on everything from prison sentences to tax bills. But citizens should be able to “check the math” on decisions that affect them.
Read More »
Military Courts
commentary
What Should Trump Do About Gitmo?
K. Jack Riley @K_Jack_Riley
Jan 11, 2017
Newsweek
The new administration has options to deal with the detention facility at Guantánamo Bay. It could maintain the status quo, make improvements to speed the trials, close the facility and relocate the remaining inmates, or accept new detainees.
Read More »
Drug Courts
commentary
Drug Dependence: Treatment Over Incarceration
Matthew Davies, Emma Disley, Kristy Kruithof
Oct 3, 2016
Criminal Law & Justice Weekly
Drug dependence imposes significant costs to society and traditional criminal justice responses like imprisonment do not reduce crime. More quality research on alternative sanctions could help police, prosecutors, and judges expand their options while helping users get treatment.
Read More »
Cybercrime
commentary
The Future of Cyber Investigations at the FBI Is Unclear
Sasha Romanosky, Cortney Weinbaum @cortney_dc
Aug 24, 2016
Inside Sources
Evidence presented by the FBI in the case of U.S. v. Jay Michaud was excluded because the agency was unwilling to reveal the software exploit used to collect it. If the FBI exposes its capabilities, other criminals can patch their computers, but concealing its techniques risks the ability to prosecute cyber criminals.
Read More »
Politics and Government
commentary
A Spotlight on the Supreme Court, and Its Vacancy
Geoffrey McGovern
Jul 19, 2016
The Hill
More than four months have passed since President Obama nominated Merrick Garland to the Supreme Court. In a time of contentious politics, a clear majority of Americans want the court to have a full bench. But they appear unlikely to get it soon.
Read More »
Criminal Justice
commentary
How to Fix Guantanamo's Broken Justice
K. Jack Riley @K_Jack_Riley, Jerrold D. Green, Richard B. Goetz, Michelle Kezirian
Mar 7, 2016
Newsweek
Replacing military judges with federal judges would expedite the process of resolving the Guantánamo cases in ways that would reflect better on the credibility and legitimacy of the U.S. justice system, while serving the interests of Congress, the president, survivors, and victims' families.
Read More »
Legal Case and Court Management
commentary
Fixing Judicial Recusals
Kathryn Kuznitsky, James M. Anderson
Feb 10, 2016
Inside Sources
Recently, Supreme Court Justice Samuel Alito recused himself in Federal Energy Regulatory Commission v. Electric Power Supply Association, a case with important implications for the power industry, while Justice Stephen Breyer failed to do so, apparently in error. This misstep illustrates some of the problems with the judicial recusal system.
Read More »
Homeland Security Legislation
commentary
Oregon Standoff Shouldn't Have an Anti-Terrorism Twist
Brian Michael Jenkins @BrianMJenkins
Jan 13, 2016
Slate
Dwight and Steven Hammond were charged under a law enacted to fight terrorism, not rein in wayward ranchers. Anti-terrorist laws should not be used to strengthen prosecutors' hands in nonterrorist prosecutions—it makes national security needs look like an instrument of oppression.
Read More »
Prisoner Reentry
commentary
What's Next on the Convicted Terrorist's Timeline?
Michael A. Brown
Nov 4, 2015
The Hill
As inmates near the end of their sentences for terrorism-related offenses, and with some individuals already freed, it's time to explore what considerations may be necessary.
Read More »
Immigration Legislation
commentary
The Forgotten Cornerstone in the Immigration Reform Debate
Daniel M. Gerstein @Daniel_Gerstein, Martina L. Melliand
Apr 30, 2015
The Hill
The Executive Office for Immigration Review manages the U.S. immigration court system and thereby plays a pivotal role in assuring the timely processing of foreign nationals and the security of the nation and its borders. It should not be left out of discussions of immigration reform.
Read More »
Counterterrorism
commentary
Different Countries, Different Ways of Countering Terrorism
Brian Michael Jenkins @BrianMJenkins, Jean-Francois Clair
Mar 2, 2015
The Hill
France and the United States follow different approaches in dealing with terrorist suspects. This divergence reflects differences in the threat, historical experience, law, available resources, and public attitudes. France faces a more serious terrorist threat than the U.S. does.
Read More »
Marriage and Divorce
commentary
Gay Marriage Gains Support, but It's Still a Partisan Issue
Katherine Grace Carman @KGCarman, Michael S. Pollard @MichaelSPollard
Dec 29, 2014
Newsweek
Survey data provides evidence that the majority of American voters support the legalization of gay marriage and think it should be decided at the federal level. Republicans are substantially less likely to support legalization, and lower income, lower educational attainment, being older, and being non-white are significantly associated with lower levels of support.
Read More »
Substance Use Harm Reduction
commentary
California's Misguided Approach
Katherine E. Watkins
Mar 17, 2014
Orange County Register
Despite the frequency with which people are convicted of multiple DUI offenses, California continues to require that all individuals with a DUI attend a 30- or 60-hour education program. However, these programs aren't that effective.
Read More »
Drug Courts
commentary
New Approach to Prison and the War on Drugs
Beau Kilmer @BeauKilmer
Aug 13, 2013
BBC.co.uk
If you want to reduce cocaine consumption and drug-related crime, you get more bang for the buck if you put money into treatment rather than paying for the increase in incarceration produced by federal mandatory minimum sentences, writes Beau Kilmer.
Read More »
Sentencing
commentary
Advancing Social Outcomes: Private Investors Could Be Part of the Solution
Jennifer Rubin, Emma Disley
May 14, 2013
Spotlight on Poverty and Opportunity
Under a Social Impact Bond, private investors — rather than the government — provide up-front funding for programs that tackle such challenges as recidivism or homelessness. If these programs succeed, the government pays some of the savings back to the investors.
Read More »
Politics and Government
blog
Farsighted Leadership in a Shortsighted World: 9 Issues That Deserve Attention During the 2012 U.S. Presidential Debates and Beyond
Sep 24, 2012
For nearly 65 years, RAND has cultivated the farsighted perspectives required to address the big, long-term public policy issues. In an effort to look beyond the 2012 U.S. election and promote “farsighted leadership in a shortsighted world,” the latest edition of the RAND Corporation’s magazine offers commentaries that transcend partisan rhetoric and foster policies that both presidential candidates could well accept.
Read More »
Counterterrorism
commentary
A Final Word on the NDAA
Brian Michael Jenkins @BrianMJenkins
May 7, 2012
Foreign Affairs
While I have no doubt of Levin's determination to protect the constitutional rights of American citizens, incremental adjustments and seemingly small compromises, each sensible under the circumstances, can have a cumulative effect that erodes the very liberty we are trying to protect, writes Brian Michael Jenkins.
Read More »
Counterterrorism
commentary
The NDAA Makes It Harder to Fight Terrorism
Brian Michael Jenkins @BrianMJenkins
Feb 1, 2012
Foreign Affairs
Much of the debate over this bill has focused on the political issue of executive authority versus rule of law. In doing so it has overlooked the indirect and insidious effects the new law may have on the United States' largely successful counterterrorist campaign, writes Brian Michael Jenkins.
Read More »