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Legal Perspectives

Our state and federal constitutions go hand in hand to lay the foundation of our liberties. In the name of living and breathing constitutional ideology we have become a litigious legal society. The overwhelming amount of new laws and case law sometimes obscures peoples basic rights and we need to fight against these limitations based on popular...

Our state and federal constitutions go hand in hand to lay the foundation of our liberties. In the name of living and breathing constitutional ideology we have become a litigious legal society. The overwhelming amount of new laws and case law sometimes obscures peoples basic rights and we need to fight against these limitations based on popular sentiment or ideology. Our founding is based on a solid and unmovable belief in the preservation of the right of ordinary people to be the primary source of power given by God.

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The Curious Complications of Caucuses

by Benjamin Barr More discontent emerges out of Wyoming's Democratic Party caucuses, where Hillary Clinton obtained most of the state delegates even after losing the popular vote to Bernie Sanders. This newest wave of anger and confusion over caucuses and primaries is part of a national trend. Last month, Donald Trump threatened a lawsuit when, aft...
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SLAPP’ing Free Speech Inquisitions

by Stephen Klein In two important rulings from the Texas Supreme Court on April 15, the court assured the effectiveness of the state's Citizens Participation Act (TCPA), which was enacted in 2011. These cases, AgendaWise v. Abraham and Sullivan v. Abraham, affirmed the dismissal of two defamation actions brought by a public figure against an activi...
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Will Federal “Equitable Sharing” Undermine Wyoming’s Reform of Civil Asset Forfeiture?


by Stephen Klein The U.S. Department of Justice recently resumed the Equitable Sharing Program, which allows state police agencies to collect civil asset forfeiture funds under federal instead of state law by cooperating with federal drug enforcement. All too often, civil forfeiture laws allow for the government to seize and permanently keep allege...
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Drones Hover Closer to Everyday Law Enforcement

by Stephen Klein In the 2015 Wyoming General Session, a bill to limit use of drones—or unmanned aerial surveillance—by the law enforcement failed in the Senate Judiciary Committee after passing the House. The bill was sponsored by the Joint Judiciary Committee following the 2014-15 interim, but underwent amendments on its journey through the legisl...
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What is meant by “Juvenile Diversion”?

by Tom Rose I have mentioned diversion and diversion programs in various blogs. I thought I had a fairly good grasp of the concept until I began looking at the various different ways diversion was being implemented across the state. My first impulse was to pronounce some forms as just wrong. Reminds me of riding for Condict, he'd say "That's just w...
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Wyoming Asset Forfeiture Reform and the Art of the Possible

by Stephen Klein On Wednesday the Joint Judiciary Committee of the Wyoming Legislature voted to adopt a committee bill to reform civil asset forfeiture under the Wyoming Controlled Substances Act ("WCSA"). The law as it exists today allows Wyoming police to seize and the state to keep ("forfeit") property that they suspect is related to the drug tr...
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Behavioral Contracts: a Good Non-Judicial Tool or Just Another Pitfall

by Tom Rose During my research into non-judicial approaches to promoting good juvenile behavior, I discovered a tool which is currently very popular nationwide. Is this an appropriate tool in Wyoming? The findings are mixed and I'll share what I found on both sides of the issue. The tool is a behavioral contract and it is being used in schools and ...
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The Challenges of Decriminalizing Underage Alcohol Consumption

by Tom Rose As we have been exploring together in recent weeks, the proposed decriminalization of status offenses in Wyoming will be positive change for our juvenile justice system. This needed change will also leave several problem behaviors in justice limbo. From truancy to tobacco and alcohol consumption the status offense behaviors are dangerou...
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If Wyoming Decriminalizes Status Offenses What Happens Next?


by Tom Rose Last week I wrote about some trends in truancy laws and how truancy fits into the status offense decriminalization issues for Wyoming. Although most legislators with whom I speak about status crimes and other juvenile justice issues are well informed, I still run into people who are unaware that Wyoming regularly jails status offenders ...
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Troubling Trends in Truancy Laws – is Wyoming Next?

by Tom Rose In a recent Law Commentary article out of Texas, Research Associate Jason Snead of the Heritage Foundation highlights an anticipated change in Texas' truancy laws. According to the article, Texas has prosecuted over 100,000 juveniles for Class C misdemeanors merely for truancy. Although my own research completely contradicts Mr. Snead's...
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Cheyenne WY 82009

Phone: (307) 632-7020

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Mailing Address:

1740 H Dell Range Blvd. #274
Cheyenne, WY 82009

Phone: (307) 632-7020