Federal Judicial Branch

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Issue Brief posted May 22, 2012 by Andrew Grossman Dismissing Padilla v. Yoo: A Glass Half Empty?
The Ninth Circuit correctly dismissed Jose Padilla’s lawsuit against John Yoo, the former Department of Justice official who provided key analysis of legal questions arising from the war on terrorism. But being the traditionally liberal and oft-reversed Ninth Circuit, the court could not leave well enough alone and issued an…
Issue Brief posted May 10, 2012 by Paul Larkin The FOCUS Act Hearing: Unpersuasive Criticisms and Tacit Admissions
Thankfully, the law sometimes reflects common sense. Here’s an example: Innocent people ordinarily do not remain silent when accused of having committed a crime or some other misconduct. As the result, it is reasonable to infer that such an accusation is true if a person does not deny it. In…
Issue Brief posted March 20, 2012 by Charles Stimson, Elizabeth Garvey Juvenile Life Sentences: Constitutionality of Life Without Parole for Teenage Murderers
On Tuesday, March 20, the Supreme Court hears oral argument in two cases involving the constitutionality of sentences of life without parole (LWOP) for teenage murderers. The real issue before the Court is this: Will the Court again “find” or “invent” a heretofore undiscovered constitutional prohibition and thus strike an…
Testimony posted December 14, 2011 by Andrew Grossman Judicial Reliance on Foreign Law
Testimony before the Subcommittee on the Constitution,Committee on the Judiciary,United States House of Representatives December 14, 2011 My name is Andrew Grossman. I am a Visiting Legal Fellow in the Center for Legal and Judicial Studies at The Heritage Foundation. The views I express in this testimony are…
Testimony posted December 13, 2011 by Edwin Meese III Principles for Revising the Criminal Code
Testimony before the House Judiciary Committee, Subcommittee on Crime, Terrorism and Homeland Security December 13, 2011 Edwin Meese IIIChairman, Center for Legal & Judicial StudiesThe Heritage…
Legal Memorandum posted December 13, 2011 by Paul Larkin Overcriminalization: The Legislative Side of the Problem
Abstract: The past 75 years in America have witnessed an avalanche of new criminal laws, the result of which is a problem known as “overcriminalization.” This phenomenon is likely to lead to a variety of problems for a public trying to comply with the law in good faith. While many…
WebMemo posted September 9, 2010 by Colleen Pero Hijacking Justice: The Well-Funded Campaign to Replace Judicial Elections with Selection by Liberal Special Interests
Over the past 10 years, special interests have engaged in a highly coordinated, well-funded campaign to fundamentally alter the composition of America’s state courts. The campaign’s goal: to exclude conservative, rule-of-law judges from the bench. This campaign has been bankrolled by George Soros, a hedge fund operator with a net…
Legal Memorandum posted June 4, 2010 by Darpana Sheth Overturning Iqbal and Twombly Would Encourage Frivolous Litigation and Harm National Security
Abstract: The ill-advised and unnecessary Notice Pleading Restoration Act of 2009 and the Open Access to Courts Act of 2009 would severely weaken the federal civil pleading standard, encouraging frivolous litigation and harming national security. Such an almost nonexistent pleading standard would weaken U.S.…

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Issue Brief posted May 22, 2012 by Andrew Grossman Dismissing Padilla v. Yoo: A Glass Half Empty?
The Ninth Circuit correctly dismissed Jose Padilla’s lawsuit against John Yoo, the former Department of Justice official who provided key analysis of legal questions arising from the war on terrorism. But being the traditionally liberal and oft-reversed Ninth Circuit, the court could not leave well enough alone and issued an…
Issue Brief posted March 20, 2012 by Charles Stimson, Elizabeth Garvey Juvenile Life Sentences: Constitutionality of Life Without Parole for Teenage Murderers
On Tuesday, March 20, the Supreme Court hears oral argument in two cases involving the constitutionality of sentences of life without parole (LWOP) for teenage murderers. The real issue before the Court is this: Will the Court again “find” or “invent” a heretofore undiscovered constitutional prohibition and thus strike an…
Testimony posted December 14, 2011 by Andrew Grossman Judicial Reliance on Foreign Law
Testimony before the Subcommittee on the Constitution,Committee on the Judiciary,United States House of Representatives December 14, 2011 My name is Andrew Grossman. I am a Visiting Legal Fellow in the Center for Legal and Judicial Studies at The Heritage Foundation. The views I express in this testimony are…
WebMemo posted September 9, 2010 by Colleen Pero Hijacking Justice: The Well-Funded Campaign to Replace Judicial Elections with Selection by Liberal Special Interests
Over the past 10 years, special interests have engaged in a highly coordinated, well-funded campaign to fundamentally alter the composition of America’s state courts. The campaign’s goal: to exclude conservative, rule-of-law judges from the bench. This campaign has been bankrolled by George Soros, a hedge fund operator with a net…
Issue Brief posted May 10, 2012 by Paul Larkin The FOCUS Act Hearing: Unpersuasive Criticisms and Tacit Admissions
Thankfully, the law sometimes reflects common sense. Here’s an example: Innocent people ordinarily do not remain silent when accused of having committed a crime or some other misconduct. As the result, it is reasonable to infer that such an accusation is true if a person does not deny it. In…
Legal Memorandum posted December 13, 2011 by Paul Larkin Overcriminalization: The Legislative Side of the Problem
Abstract: The past 75 years in America have witnessed an avalanche of new criminal laws, the result of which is a problem known as “overcriminalization.” This phenomenon is likely to lead to a variety of problems for a public trying to comply with the law in good faith. While many…
Testimony posted December 13, 2011 by Edwin Meese III Principles for Revising the Criminal Code
Testimony before the House Judiciary Committee, Subcommittee on Crime, Terrorism and Homeland Security December 13, 2011 Edwin Meese IIIChairman, Center for Legal & Judicial StudiesThe Heritage…
Legal Memorandum posted June 4, 2010 by Darpana Sheth Overturning Iqbal and Twombly Would Encourage Frivolous Litigation and Harm National Security
Abstract: The ill-advised and unnecessary Notice Pleading Restoration Act of 2009 and the Open Access to Courts Act of 2009 would severely weaken the federal civil pleading standard, encouraging frivolous litigation and harming national security. Such an almost nonexistent pleading standard would weaken U.S.…

Find more work on Federal Judicial Branch

Issue Brief posted May 22, 2012 by Andrew Grossman Dismissing Padilla v. Yoo: A Glass Half Empty?
The Ninth Circuit correctly dismissed Jose Padilla’s lawsuit against John Yoo, the former Department of Justice official who provided key analysis of legal questions arising from the war on terrorism. But being the traditionally liberal and oft-reversed Ninth Circuit, the court could not leave well enough alone and issued an…
Issue Brief posted May 10, 2012 by Paul Larkin The FOCUS Act Hearing: Unpersuasive Criticisms and Tacit Admissions
Thankfully, the law sometimes reflects common sense. Here’s an example: Innocent people ordinarily do not remain silent when accused of having committed a crime or some other misconduct. As the result, it is reasonable to infer that such an accusation is true if a person does not deny it. In…
Issue Brief posted March 20, 2012 by Charles Stimson, Elizabeth Garvey Juvenile Life Sentences: Constitutionality of Life Without Parole for Teenage Murderers
On Tuesday, March 20, the Supreme Court hears oral argument in two cases involving the constitutionality of sentences of life without parole (LWOP) for teenage murderers. The real issue before the Court is this: Will the Court again “find” or “invent” a heretofore undiscovered constitutional prohibition and thus strike an…
Legal Memorandum posted December 13, 2011 by Paul Larkin Overcriminalization: The Legislative Side of the Problem
Abstract: The past 75 years in America have witnessed an avalanche of new criminal laws, the result of which is a problem known as “overcriminalization.” This phenomenon is likely to lead to a variety of problems for a public trying to comply with the law in good faith. While many…
WebMemo posted September 9, 2010 by Colleen Pero Hijacking Justice: The Well-Funded Campaign to Replace Judicial Elections with Selection by Liberal Special Interests
Over the past 10 years, special interests have engaged in a highly coordinated, well-funded campaign to fundamentally alter the composition of America’s state courts. The campaign’s goal: to exclude conservative, rule-of-law judges from the bench. This campaign has been bankrolled by George Soros, a hedge fund operator with a net…
Legal Memorandum posted June 4, 2010 by Darpana Sheth Overturning Iqbal and Twombly Would Encourage Frivolous Litigation and Harm National Security
Abstract: The ill-advised and unnecessary Notice Pleading Restoration Act of 2009 and the Open Access to Courts Act of 2009 would severely weaken the federal civil pleading standard, encouraging frivolous litigation and harming national security. Such an almost nonexistent pleading standard would weaken U.S.…

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