Firearms Litigation: Liability, Regulation, and the Constitution
Free CLE program on Dec. 1
Month: November 2020
Alienation of Affections Case Involving Songwriter Skylar Grey Going Forward
Her ex-husband sued her fiance for luring her away -- and, yes, one can sue for that under Utah law.
The Pardon Power May Be Broad, But that Does Not Mean a Self-Pardon Would Be Legit
President Trump pardoned a turkey and an agent of Turkey. Will he give himself a lame duck pardon next?
Henry Kissinger and Michael Daniel on how to be a cyber czar
Episode 340 of the Cyberlaw Podcast
Lockdowns and Leviathan
How pandemics joined war, terrorism, crime, and economic depression in the toolbox for ratcheting up government
Drone Photography Potentially Protected by First Amendment
So a district court suggests in a challenge to a Texas statute that limits drone photography that "surveil[s]" private property—but that exempts similar surveillance by academics and certain others,
FantasySCOTUS Update: December and January Sitting Cases Now Available
Update your predictions for the tumultuous OT 2020 Case
Thoughts on Today's Supreme Court Oral Argument in Trump v. New York
Many of the justices seem intent on avoiding the substantive issues at stake in a case challenging the legality of Trump's plan to exclude undocumented immigrants from the apportionment count for congressional representation.
Will Anybody Besides Michael Flynn Get Mercy from Lame Duck Trump?
The president has the worst record for clemency in modern history.
Los Angeles County Banned Outdoor Dining. There's Zero Evidence It Spreads COVID-19.
Restaurant owners speak out about the "crippling" order, which will last at least three weeks.
Will a Historic House Vote on Marijuana Legalization Nudge Biden Toward More Ambitious Reforms?
The MORE Act, which would repeal federal prohibition, is scheduled for a vote this week.
Which Ninth Circuit Judges Were Waiting For A Democratic President to Take Senior Status?
James Phillips and I are working on an article about circuit judges who strategically time their taking of senior status.
Neera Tanden, Biden's Pick for Budget Office: Now Is Not the Time To 'Worry About Raising Deficits and Debt'
She once suggested that if Americans care about the deficit so much, maybe we should make Libya pay for it.
Libertarians Have No Home in Either Dominant Political Party
Which leaves the U.S. without a major party even slightly inclined to leave people alone to manage their own affairs.
This Woman Permanently Lost Her Second Amendment Rights Because She Lied on Her Taxes
Is this the Supreme Court’s next big gun rights case?
Law Professor vs. Law Blog Commenters Libel Suit Dropped
A company had a trademark canceled in a Trademark Trial & Appeal Board proceeding, based on what the Board described as the company's "delaying tactics, including the willful disregard of Board orders." The TTABlog posted about it, and some commenters criticized the company's lawyer, who sued them for libel.
Americans Are Starting a Staggering Number of Businesses During the COVID-19 Pandemic
In a year that will be remembered for a deadly pandemic that shut down parts of the economy and cost millions of people their jobs, here's one silver lining.
The Paranoid Style of American Politics - Presidential Election Edition
Trying to counter viral election fraud claims is like playing whack-a-mole. [With Updates]
New "Flex" Scalia Law Part-Time JD
Students can attend classes as few as two nights per week
Supreme Court Considers Whether Trump Can Block Immigrants From Census Counts
Plus: Pennsylvania rejects mail-in vote challenge, Facebook begs for regulation, and more...
The History of Textiles Is the History of Human Ingenuity
But any sufficiently familiar technology is indistinguishable from nature.
Trump: If the President Doesn't Have Standing to Pursue Wild, Unsubstantiated Claims of Election Fraud, Who Does?
Fox News interviewer Maria Bartiromo uncritically accepts Trump's outlandish conspiracy theory.
The Shaky Case for State Bailouts
Governments should prepare for emergencies by cutting spending during flush times.
Sixth Circuit Buries South Bay, but Distinguishes Diocese
"In determining that plaintiffs are unlikely to succeed on the merits of their Free Exercise claim, we also have no need to rely upon either" South Bay or Jacobson
Anthony Fauci: 'Close the Bars and Keep the Schools Open'
"If you look at the data, the spread among children and from children is not very big at all."
A Trump Judicial Appointee's Blistering Opinion Is a Reality Check for Republicans Who Still Think Biden Stole the Election
"The Campaign cannot win this lawsuit," the 3rd Circuit says. "The Campaign's claims have no merit."
Sixth Circuit Reinstates Governor's Closure of Kentucky Schools
A district court had held the closure likely violated the Free Exercise Clause; no, says, the Sixth Circuit.
Bourgeois Libertarianism Could Save America
Don't underestimate the civilization-saving powers of respecting private property and generally minding your own business.
The Supreme Court's Bar Membership Is Not "Shrouded in Secrecy."
The Journal of the Supreme Court includes the name of every member admitted, as well as the name of every member who is subject to discipline.
President Obama's Memoir Includes Virtually Nothing About the Supreme Court (Update)
There is a nice discussion of his appointment of Justice Sotomayor, once sentence about his appointment of Justice Kagan, and a rebuke of Justice Alito's Ledbetter Decision
Joe Biden Should Think Twice About Cracking Down on Meat-Processing Plants
Requiring meatpackers to pandemic-proof their facilities will have unintended consequences.
Pandemic Rules Are Only for the Little People
We're expected to suffer discomfort, economic pain, and emotional distress or else pay fines or serve jail time. Government officials, meanwhile, take offense when called out for violating the standards they created.
Kentucky Religious Schools Have First Amendment Right to Reopen, Says Federal Judge
The decision should also support secular private schools having similar rights as well. (Public schools are under control of the state government, and lack First Amendment rights against it.)
Paul Krugman Thinks Holding Religious Services During the COVID-19 Pandemic Is Like 'Dumping Neurotoxins Into Public Reservoirs'
The New York Times columnist misconstrues the issues at stake in the challenge to New York's restrictions on houses of worship.
The "I'm for Legal Immigration" Dodge
My response to a common, but vacuous trope often brought up in debates about immigration policy.
Trump Imitates King Joffrey From "Game of Thrones"
His angry insistence that "I'm the President of the United States!" is reminiscent of Joffrey's famous similar statement: "I am the King!"
Short Circuit: A Roundup of Recent Federal Court Decisions
Stay away from Martin Van Buren.
Reflections on the Fall Semester of Online Classes, and Thoughts for the Future
Hybrid learning went much better than I anticipated, and online classes became surprisingly normal.
Trip Out with Timothy Leary's Ex-Girlfriend in My Psychedelic Love Story
A documentary describes a drug-fueled countercultural romance.
