• Heritage Action
  • More
  • 1-4 of 4
  • Legal Memorandum posted January 31, 2011 by Hans A. von Spakovsky, Jack Park Judicial Nullification in Georgia: Overriding Medical Malpractice Reform and Federal Law to Reward the Trial Bar

    Abstract: Just as juries that ignore the evidence to reach a verdict contrary to the law engage in “jury nullification,” judges that substitute their policy preferences for those of elected legislators commit “judicial nullification” by striking down democratically enacted statutes by judicial fiat. Two recent decisions by the Georgia Supreme Court are textbook…

  • Legal Memorandum posted November 12, 2010 by Jack Park Vaccines, Preemption, and Federalism Rightly Understood: Why the Supreme Court Should Find Federal Preemption in Bruesewitz v. Wyeth, Inc.

    Abstract: Despite some concerns to the contrary, federal preemption properly applied does not conflict with federalism. In fact, the two are quite compatible and can work together to ensure that regulatory decisions are not left up to state courts, which are susceptible to the machinations of America’s tort bar. Presently pending before the Supreme Court,…

  • WebMemo posted April 20, 2010 by Jack Park Terrorist on Your Street?

    On March 22, a federal judge in the District of Columbia ordered that Mohamedou Ould Slahi, one of the most dangerous terrorists being held at Guantanamo Bay, be released. Although the Obama Administration has decided to appeal the decision, if the court’s order stands several issues will have to be addressed, including where Slahi will go, and, if no other country will…

  • Commentary posted December 4, 2009 by Jack Park Look Out for 'Loophole Louie'

    Most Americans have never heard of a Wisconsin judge named Louis Butler. A look at his liberal record, though, would show them why he's known as "Loophole Louie" -- and why Wisconsin voters have rejected him not once, but twice. Which raises the question: Why has President Obama nominated Butler to a lifetime position on the federal district court for the Western…

  • 1-4 of 4