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No Way To Die In California

A judge recently found that California’s death penalty, as it is administered, is cruel and unusual punishment, serving no identifiable purpose. Digging in to the opinion, Burt Likko finds a perverse conflict: an effort to comply with one part of the Constitution leads to a violation of another.

Religious Liberty Means Religious Privilege

So far two bakeries have faced legal challenges to their refusal to make wedding cakes for same-sex weddings. Opponents of same-sex marriage see these cases as the start of a fast approaching widespread persecution. Personally, I don’t see how the act of baking a cake for a wedding implies approval of that wedding, but the…

On How the State Determines That You Have No “Proprietary Interest” In Your Own Tweets

Mike Konczal talks property and criminal justice over at Rortybomb. It’s an excellent post. You really do need to read it. And I’m sure plenty of people here at the League will have something to say about it. In it, he tracks the evisceration of “liberal philosophy” through attacks from both Conservatives and Progressives in the area…

Intellectual Property: Abstract vs. Natural Right, Part V: The Conclusioning

I know.  People have been asking themselves for weeks, “So, what were all these posts about, anyway?  What’s your conclusion, Pat?” Well… two people, maybe?  Okay, here’s my distillation of them, for those two people. It seems evident to me that in the traditional language of either natural right or abstract right there’s no fundamental…