{"id":50416,"date":"2016-09-30T11:27:00","date_gmt":"2016-09-30T16:27:00","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/supreme\/legal-commentary\/barton-aronson-archive-1.html"},"modified":"2016-09-30T11:27:00","modified_gmt":"2016-09-30T16:27:00","slug":"barton-aronson-archive-1","status":"publish","type":"supreme","link":"https:\/\/supreme.findlaw.com\/legal-commentary\/barton-aronson-archive-1.html","title":{"rendered":"Barton Aronson Archive"},"content":{"rendered":"\n
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Legal Commentary – Barton Aronson Archive<\/h1>\n\n
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\u00a0Columns by Barton Aronson – Page 1<\/span><\/td>\n\u00a0Most Recent<\/a> | Page 2<\/a> | Page 1<\/a>\u00a0\u00a0<\/td>\n<\/tr>\n\n
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A REVIEW OF HERNANDO DE SOTO’S “THE MYSTERY OF CAPITAL”<\/a>\n\n
\nFindLaw columnist and prosecutor Barton Aronson reviews Hernando de Soto’s\n\n“The Mystery of Capital” — which offers an explanation of the reasons why,\n\ndespite significant wealth in the form of land and other resources, Third\n\nWorld countries have not benefited from capitalism as much as the West has.\n\nAronson discusses the need for strong systems of enforceable property rights\n\nthat can rescue houses and other assets from becoming “dead capital” very\n\ndifficult to sell or mortgage. He also notes the evolution of Western\n\nproperty rights from a Third World-like regime of squatters, which persisted\n\ndespite an anti-squatting Supreme Court decision, to the system we have\n\ntoday.
\n<\/span>\nFriday, Feb. 23, 2001<\/span>\n<\/p>\n\n\n\n

GETTING FLEXIBLE WITH, INSTEAD OF JUST TOUGH ON, JUVENILE CRIME<\/a>\n\n
\nFindLaw columnist and federal prosecutor Barton Aronson discusses the merits of the new practice of “blended” sentencing for juveniles, adopted by states including President Bush’s Texas. Under “blended” sentencing, a juvenile is sent to an adult prison only if he is not amenable to rehabilitation in a juvenile facility. Aronson contends that “blended” sentencing is a good idea, but must be coupled with changes in the way juveniles are tried and detained. \n\n
\n<\/span>\nFriday, Feb. 09, 2001<\/span>\n<\/p>\n\n\n\n

FEDERALISM WITHOUT TEARS: PRAGMATISM ON STATES’ RIGHTS ISSUES<\/a>\n\n
\nFindLaw columnist and federal prosecutor Barton Aronson contends that, in\n\nthe\n\ncoming administration, principles should give way to pragmatism on states’\n\nrights issues. Aronson argues that President Bush’s own priorities will\n\nforce him into conflict with states’ righters in his own party — and points\n\nout instances in the past where even those who generally support states’\n\nrights have been known to support federal intervention if it served their\n\nother beliefs.\n\n
\n<\/span>\nFriday, Jan. 26, 2001<\/span>\n<\/p>\n\n\n\n

BACK TO RUBY RIDGE: A MISTAKEN PROSECUTION OF AN FBI AGENT<\/a>\n\n
\nFindLaw columnist and federal prosecutor Barton Aronson discusses the State \n\nof Idaho’s manslaughter prosecution of FBI agent Lon Horiuchi, who shot Vicki \n\nWeaver (apparently accidentally) during the Ruby Ridge standoff between the \n\nWeavers and the FBI. The Ninth Circuit is currently considering whether \n\nHoriuchi should be immune from the Idaho prosecution; Aronson argues that \n\nregardless of whether the prosecution is legally permissible, it is certainly \n\nan error in judgment, for federal officers should be accountable under \n\nfederal law alone — not the differering laws of each of the fifty States.\n\n
\n<\/span>\nFriday, Dec. 29, 2000<\/span>\n<\/p>\n\n\n\n\n\n

WHY THE “SOCCER MOM” SHOULD WIN THE SEATBELT CASE<\/a>\n\n\n\n
\n\nIn the midst of the election frenzy, a Supreme Court case important to our\n\ndaily lives was overlooked by the press — a case in which Gail Atwater, a\n\nmother of two, was arrested and temporarily jailed for failing to wear, and\n\nhave her children wear, seatbelts. Barton Aronson, a federal prosecutor and\n\nFindLaw columnist, argues that crimes like Atwater’s, which do not carry\n\njail\n\ntime upon conviction, also should not lead to arrest and incarceration at\n\nany\n\ntime prior to trial.
\n\n<\/span>\n\nFriday, Dec. 15, 2000<\/span>\n\n<\/p>\n\n\n\n

THE FLORIDA SUPREME COURT AND ITS CRITICS<\/a>\n\n\n\n
\n\nFindLaw columnist and federal prosecutor Barton Aronson examines the \n\ninterpretive rules that the Florida Supreme used in reaching its decision on \n\nmanual recounts; concludes that these rules are reasonable and traditional, \n\nnot partisan; and criticizes the tendency in election commentary to describe \n\njudicial opinions such as this one as partisan when in fact, they are not.
\n\n<\/span>\n\nFriday, Dec. 01, 2000<\/span>\n\n<\/p>\n\n\n\n\n\n

THE TOBACCO VERDICT AND THE PROBLEM WITH PUNITIVE DAMAGES<\/a>\n\n\n\n
\n\nFindLaw columnist and federal prosecutor Barton Aronson reflects on the\n\nrecently-upheld verdict of $145 billion in punitive damages in a class action\n\nagainst the tobacco companies. He argues that we should be concerned about\n\nunfairness when civil suits like this one result in harsh punishments, because\n\ncivil defendants lack the protections criminal defendants enjoy.
\n\n<\/span>\n\nFriday, Nov. 17, 2000<\/span>\n\n<\/p>\n\n\n\n\n\n

ATHLETIC VIOLENCE: IS IT A CRIME?<\/a>\n\n\n\n
\n\nFindLaw columnist and prosecutor Barton Aronson explores the reasons athletes \n\noften get off scot-free for on-field or in-ring violence that, if it happened \n\non the street, would merit arrest, conviction and jail time. \n\n
\n\n<\/span>\n\nFriday, Nov. 03, 2000<\/span>\n\n<\/p>\n\n\n\n\n\n

“MY BLOODY LIFE” REVIEWED<\/a>\n\n\n\n
\n\nProsecutor and former D.A. Barton Aronson reviews the new gang memoir, “My\n\nBloody Life,” and explains the limits of laws designed to address gang\n\nactivities.
\n\n<\/span>\n\nFriday, Oct. 13, 2000<\/span>\n\n<\/p>\n\n\n\n\n\n

THE BEST DEFENSE<\/a>\n\n
\n\nResponding to Michael Dorf’s “Death and Taxes,” a prosecutor in\n\nWashington, D.C. explains that we need to consider how the entire\n\ncriminal justice system operates before committing additional resources\n\nto criminal defendants.
<\/span>\n\nMonday, Sept. 24, 2000<\/span>\n\n<\/p>\n\n\n\n\n\n\n\n\n\n\n\n

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