Concern about potential COVID-19 vaccine side effects and their consequences may be contributing to Americans' reluctance to get vaccinated. Policymakers and the public should carefully consider what types and levels of compensation for any adverse effects of vaccination are truly fair and appropriate.
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.
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.
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.
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.
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?
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.