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Which is not to say that the Obama era has meant an end to law enforcement. On the contrary: In the past few years, the administration has allocated massive amounts of federal resources to catching wrongdoers - of a certain type. Last year, the government deported 393,000 people, at a cost of $5 billion. Since 2007, felony immigration prosecutions along the Mexican border have surged 77 percent; nonfelony prosecutions by 259 percent. In Ohio last month, a single mother was caught lying about where she lived to put her kids into a better school district; the judge in the case tried to sentence her to 10 days in jail for fraud, declaring that letting her go free would "demean the seriousness" of the offenses. So there you have it. Illegal immigrants: 393,000. Lying moms: one. Bankers: zero. The math makes sense only because the politics are so obvious. You want to win elections, you bang on the jailable class. You build prisons and fill them with people for selling dime bags and stealing CD players. But for stealing a billion dollars? For fraud that puts a million people into foreclosure? Pass. It's not a crime. Prison is too harsh. Get them to say they're sorry, and move on. Oh, wait - let's not even make them say they're sorry. That's too mean; let's just give them a piece of paper with a government stamp on it, officially clearing them of the need to apologize, and make them pay a fine instead. But don't make them pay it out of their own pockets, and don't ask them to give back the money they stole. In fact, let them profit from their collective crimes, to the tune of a record $135 billion in pay and benefits last year. What's next? Taxpayer-funded massages for every Wall Street executive guilty of fraud?

The clearest explanation yet of the forces that converged over the past three decades or so to undermine the economic well-being of ordinary Americans is contained in the new book, "Winner-Take-All Politics: How Washington Made the Rich Richer - and Turned Its Back on the Middle Class." The authors, political scientists Jacob Hacker of Yale and Paul Pierson of the University of California, Berkeley, argue persuasively that the economic struggles of the middle and working classes in the U.S. since the late-1970s were not primarily the result of globalization and technological changes but rather a long series of policy changes in government that overwhelmingly favored the very rich. Those changes were the result of increasingly sophisticated, well-financed and well-organized efforts by the corporate and financial sectors to tilt government policies in their favor, and thus in favor of the very wealthy. From tax laws to deregulation to corporate governance to safety net issues, government action was deliberately shaped to allow those who were already very wealthy to amass an ever increasing share of the nation's economic benefits. "Over the last generation," the authors write, "more and more of the rewards of growth have gone to the rich and superrich. The rest of America, from the poor through the upper middle class, has fallen further and further behind."

Several days ago I noted that Harry Reid and Mitch McConnell had agreed to a four-year extension of the most controversial provisions of the Patriot Act -- a bill Democrats everywhere once claimed to revile -- without a single reform (despite the long and documented history of its abuse and despite Obama's previously claimed desire to reform it).  Tonight, a cloture vote was taken in the Senate on the four-year extension and it passed by a vote of 74-8.  The law that was once the symbolic shorthand for evil Bush/Cheney post-9/11 radicalism just received a vote in favor of its four-year, reform-free extension by a vote of 74-8: only resolutions to support Israel command more lopsided majorities

By executive order on Aug. 4, President Barack Obama refused entry to the United States of war criminals and human-rights violators (jurist.org, Aug. 4). He ignored, as he often does, the deeply documented factual evidence of war crimes committed by the Bush-Cheney administration along with grim proof that the Obama administration also violates our anti-torture laws and the U.N. Convention Against Torture we signed. Take, for example, right now under Obama, "The CIA Secret Sites in Somalia" (the nation.com, July 12).

'President-Elect Obama's advisors feared in 2008 that authorities would revolt and that Republicans would block his policy agenda if he prosecuted Bush-era war crimes, according to a law school dean who served as one of Obama's top transition advisers.' Andrew Kreig, Justice Integrity Project

Rewritten bankruptcy provisions reduce indebted homeowners to servitude. What has become of the rule of law in the US?

United States v. Dougherty was a 1972 decision by the United States Court of Appeals for the District of Columbia in which the court ruled that members of the D.C. Nine, who had broken into Dow Chemical Company, vandalized office furniture and equipment, and spilled about a bloodlike substance, were not entitled to a new trial on the basis of the judge's failing to allow a jury nullification jury instruction. The Appeals Court ruled, by a 2-1 vote: " The fact that there is widespread existence of the jury's prerogative, and approval of its existence as a "necessary counter to casehardened judges and arbitrary prosecutors," does not establish as an imperative that the jury must be informed by the judge of that power. On the contrary, it is pragmatically useful to structure instructions in such wise that the jury must feel strongly about the values involved in the case, so strongly that it must itself identify the case as establishing a call of high conscience, and must independently initiate and undertake an act in contravention of the established instructions. This requirement of independent jury conception confines the happening of the lawless jury to the occasional instance that does not violate, and viewed as an exception may even enhance, the over-all normative effect of the rule of law. An explicit instruction to a jury conveys an implied approval that runs the risk of degrading the legal structure requisite for true freedom, for an ordered liberty that protects against anarchy as well as tyranny. " Nonetheless, the defendants were given a new trial on the grounds that they had been denied their right of self-representation.[1] The Circuit Judges' assumption that jurors know about their nullification prerogative has since been brought into question by other empirical evidence.[2] According to Irwin Horowitz, "Beyond the empirical issue, lack of nullification instructions maintains a deceit. After all, juries can nullify, but they know this fact only on a so

The Supreme Court decision striking down public matching funds in Arizona's campaign finance system is a serious setback for American democracy. The opinion written by Chief Justice John Roberts Jr. in Monday's 5-to-4 decision shows again the conservative majority's contempt for campaign finance laws that aim to provide some balance to the unlimited amounts of money flooding the political system.

The meticulous Harvard Law Review editors should be rolling over in their footnotes. The recidivist violations of constitutional and statutory requirements by their celebrated predecessor at that journal - Barack Obama - have reached Orwellian dimensions in the war against Libya.

How did America come to accept having two classes of citizens?  When did America give up on the dream of fairness for all? Last night after the television show, I got the chance to sit down with Glenn Greenwald to discuss his new book, With Liberty and Justice for Some: How the Law is Used to Destroy Equality and Protect the Powerful. Unfairness in America is nothing new.  In fact, it is perfectly acceptable in this culture for us to admire those who we see as becoming successful and powerful by creating value.  At the same time, Americans accept unfairness with one explicit caveat: that each of us has the chance to be one of those people - that each of us has the opportunity to become successful. What Americans are rejecting now is not wealth disparity, but the corrupt and unethical way so much of the money in this country is now being made, with our government, more often than not, simply looking the other way. Well, Americans are saying "no more" to our government explicitly agreeing to legalize and codify that destructive behavior, protecting powerful political and financial elites while prosecuting ordinary Americans over trivial offenses. We are beginning to see a rejection of this unfairness at Occupy Wall Street and other national reform-based movements.  

Following is an excerpt from Glenn Greenwald's new book, With Liberty and Justice for Some: How Law is Used to Destroy Equality and Protect the Powerful

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Everyone has the right to fight his injury claim. In doing so, hiring a personal injury lawyer is the first thing to do. This person had experienced and knowledge on how to fight your case.

We are currently living in one of the safest periods of airplane travel in history. And even though airplane accidents are extremely rare, there is a surprisingly large amount of air traffic controller errors. From 2009 to 2010, the number of air traffic controller errors almost doubled.

Buried in the depths of the National Defense Authorization Act for FY2011 (H.R. 5136) is the latest salvo in the war on lawyers. In particular, section 1037 of the Act [page 403 of the PDF], titled "Inspector General Investigation of the Conduct and Practices of Lawyers Representing Individuals Detained at Naval Station, Guantanamo Bay, Cuba," instructs the Department of Defense IG to "conduct an investigation of the conduct and practices of lawyers" who represent clients at Guantánamo and report back to the House and Senate Armed Services Committees within 90 days.