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Jay Sterling Silver
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Jay Sterling Silver is a law professor at St. Thomas University School of Law in Miami Gardens, Fla. His commentary has also appeared in The New York Times, The Washington Post, The Chicago Sun-Times, The Christian Science Monitor, The National Law Journal Journal, The San Francisco Chronicle, The Dallas Morning News, The Cleveland Plain-Dealer, and other national and local media.

Entries by Jay Sterling Silver

Taking Snowden's Christmas Message Seriously

(2) Comments | Posted January 6, 2014 | 9:10 AM

Many in the mainstream media, itself at times a target of illegal snooping, have dismissed Edward Snowden's Christmas greeting as delusional and demagogic. MSNBC's Lawrence O'Donnell called it "absurdly, wildly overblown," political columnist Joy Reid called it "made-up, horror-story ideas," and Bob Cesca in The Huffington Post concluded Snowden was...

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Top 10 Ironies in the Case Against Snowden

(16) Comments | Posted July 2, 2013 | 1:43 PM

No story in recent memory contains richer irony or more incongruities than the response of the government and the media to Edward Snowden's revelations about the NSA's wholesale access to our email and phone records. Here, in ascending order, are the top 10 ironies in the case of the United...

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Posturing in the U.S. v. Snowden

(170) Comments | Posted June 26, 2013 | 10:15 AM

Posturing may be exactly what the government is doing in its purported attempt to apprehend and prosecute Edward Snowden.

Filing espionage charges against the young man who's disclosed the unlimited nature of the government's access to our emails and phone records, and the extradition request that followed, sure look like...

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On the Hearing to Put Jodi Arias to Death

(272) Comments | Posted May 15, 2013 | 1:14 PM

As millions of cable viewers hang on the question of whether Jodi Arias will be sentenced to death, a different question comes to mind: is it really a death-penalty case? Sure, she committed a brutal and premeditated murder and tried to cover her tracks. Certainly, she was arrogant and remorseless...

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For Convention Junkies: The Flawed Past and Perilous Future

(0) Comments | Posted September 10, 2012 | 12:53 PM

While speculation about the bounce Barack Obama and Mitt Romney will receive from their parties' respective conventions underscores the uniqueness and, in some ways, the odd beauty of American democracy, a closer look at past Republican and Democratic conventions reveals a significant flaw in the history of our democratic process...

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Todd Akin's Remarks: The Broader Meaning

(112) Comments | Posted August 31, 2012 | 5:52 PM

Republican Senate candidate Todd Akin's vile remarks about "legitimate rape" and women's natural resistance to pregnancy from forcible intercourse disturbingly parallel the views of many in law enforcement and recall the sorry history of the crime of rape in American jurisprudence.

The notion of "legitimate rape" -- or "real...

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Raising the Consciousness of Lawmakers Rather Than Our Children's Pants

(5) Comments | Posted August 28, 2012 | 12:41 PM

Reminiscent of attempts in the 1960s and 70s to ban long hair and other accoutrements of youth culture, Florida and Arkansas have adopted "Pull Your Pants Up" laws outlawing sagging pants in school. Many cities and towns have passed similar ordinances that apply in schools or in public generally, and...

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Our Hubris Over American Criminal Justice

(16) Comments | Posted August 26, 2012 | 11:33 AM

A corollary of the great pride Americans feel for the basic principles of our criminal justice system, like the presumption of innocence and sentencing that is proportionate to the crime, is our disapprobation of foreign systems in which such features are absent. We were shocked, for example, to hear that...

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