Legal Commentary - Barton Aronson Archive


 Columns by Barton Aronson - Page 1  Most Recent | Page 2 | Page 1  

A REVIEW OF HERNANDO DE SOTO'S "THE MYSTERY OF CAPITAL"
FindLaw columnist and prosecutor Barton Aronson reviews Hernando de Soto's "The Mystery of Capital" -- which offers an explanation of the reasons why, despite significant wealth in the form of land and other resources, Third World countries have not benefited from capitalism as much as the West has. Aronson discusses the need for strong systems of enforceable property rights that can rescue houses and other assets from becoming "dead capital" very difficult to sell or mortgage. He also notes the evolution of Western property rights from a Third World-like regime of squatters, which persisted despite an anti-squatting Supreme Court decision, to the system we have today.
Friday, Feb. 23, 2001

GETTING FLEXIBLE WITH, INSTEAD OF JUST TOUGH ON, JUVENILE CRIME
FindLaw 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.
Friday, Feb. 09, 2001

FEDERALISM WITHOUT TEARS: PRAGMATISM ON STATES' RIGHTS ISSUES
FindLaw columnist and federal prosecutor Barton Aronson contends that, in the coming administration, principles should give way to pragmatism on states' rights issues. Aronson argues that President Bush's own priorities will force him into conflict with states' righters in his own party -- and points out instances in the past where even those who generally support states' rights have been known to support federal intervention if it served their other beliefs.
Friday, Jan. 26, 2001

BACK TO RUBY RIDGE: A MISTAKEN PROSECUTION OF AN FBI AGENT
FindLaw columnist and federal prosecutor Barton Aronson discusses the State of Idaho's manslaughter prosecution of FBI agent Lon Horiuchi, who shot Vicki Weaver (apparently accidentally) during the Ruby Ridge standoff between the Weavers and the FBI. The Ninth Circuit is currently considering whether Horiuchi should be immune from the Idaho prosecution; Aronson argues that regardless of whether the prosecution is legally permissible, it is certainly an error in judgment, for federal officers should be accountable under federal law alone -- not the differering laws of each of the fifty States.
Friday, Dec. 29, 2000

WHY THE "SOCCER MOM" SHOULD WIN THE SEATBELT CASE
In the midst of the election frenzy, a Supreme Court case important to our daily lives was overlooked by the press -- a case in which Gail Atwater, a mother of two, was arrested and temporarily jailed for failing to wear, and have her children wear, seatbelts. Barton Aronson, a federal prosecutor and FindLaw columnist, argues that crimes like Atwater's, which do not carry jail time upon conviction, also should not lead to arrest and incarceration at any time prior to trial.
Friday, Dec. 15, 2000

THE FLORIDA SUPREME COURT AND ITS CRITICS
FindLaw columnist and federal prosecutor Barton Aronson examines the interpretive rules that the Florida Supreme used in reaching its decision on manual recounts; concludes that these rules are reasonable and traditional, not partisan; and criticizes the tendency in election commentary to describe judicial opinions such as this one as partisan when in fact, they are not.
Friday, Dec. 01, 2000

THE TOBACCO VERDICT AND THE PROBLEM WITH PUNITIVE DAMAGES
FindLaw columnist and federal prosecutor Barton Aronson reflects on the recently-upheld verdict of $145 billion in punitive damages in a class action against the tobacco companies. He argues that we should be concerned about unfairness when civil suits like this one result in harsh punishments, because civil defendants lack the protections criminal defendants enjoy.
Friday, Nov. 17, 2000

ATHLETIC VIOLENCE: IS IT A CRIME?
FindLaw columnist and prosecutor Barton Aronson explores the reasons athletes often get off scot-free for on-field or in-ring violence that, if it happened on the street, would merit arrest, conviction and jail time.
Friday, Nov. 03, 2000

"MY BLOODY LIFE" REVIEWED
Prosecutor and former D.A. Barton Aronson reviews the new gang memoir, "My Bloody Life," and explains the limits of laws designed to address gang activities.
Friday, Oct. 13, 2000

THE BEST DEFENSE
Responding to Michael Dorf's "Death and Taxes," a prosecutor in Washington, D.C. explains that we need to consider how the entire criminal justice system operates before committing additional resources to criminal defendants.
Monday, Sept. 24, 2000

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