A recent 11th Circuit decision rightly ruled that mandatory Covid beach closures violated the Takings Clause. But the court overlooked the key issue of how to assess the "police power" exception to Takings Clause liability.
Dozens of "shaken baby syndrome" convictions have been overturned over the years, but until now, no state court system has limited its use in criminal prosecutions.
The president's authoritarian response to a video posted by six members of Congress, who he says "should be arrested and put on trial," validates their concerns.
Much of what the federal government does on a daily basis flouts constitutional protections and offends human decency.
I coauthored the article with four other legal scholars from across the political spectrum.
Tradwives are fighting the cultural stigma that still remains around being a homemaker. That makes them damn good feminists.
The government can look at your phone records whenever it wants, but it's a different story when we're talking about his metadata.
The Washington Post opinion editor Adam O’Neal outlines his vision for a more classically liberal editorial voice, examines how both parties turned against free speech and free markets, and explains why the paper is ending political endorsements.
President Trump "complained that, by using the phrase 'Big Lie' to describe his claims about the 2020 presidential election, CNN defamed him."
The printing press helped build libraries that were impossibly large by ancient standards. That created its own new challenges.
The Eleventh Circuit concludes "there is no COVID exception to the Takings Clause."
Remembering the legacy of a principled legal activist.
Vernor Vinge, who mocked the surveillance state in his writing, was investigated for alleged connections to socialist Sandinistas in Nicaragua.
The Animal Legal Defense Fund says it's one of the largest settlements for the police killing of a dog.
Congress justified that National Firearms Act of 1934 as a revenue measure—a rationale undermined by the repeal of taxes on suppressors and short-barreled rifles.
A lawsuit challenging extreme heat in a Florida prison collected temperature readings during the summer. It found brutal heat persisted day and night.
[UPDATE 11/17/2015 10:21 am: Sorry, post title originally accidentally omitted the "as a 'Jane Doe'" (which of course is what this decision is about, see below); I've revised the title to include it. My apologies!]
Judge Willett thinks that some federal statutes have been interpreted and applied in ways that conflict with the notion that the federal government only has limited and enumerated powers.
After her husband’s ex repeatedly called child protective services over harmless parenting decisions, Hannah Bright is advocating for a new law to protect families from weaponized reporting.
Landlords argue that rent caps on vacant units prevent them from financing the costs of legally mandated renovations.
His lawsuit against the BBC is likely frivolous, however.
The Trump administration’s urban enforcement push is blurring the line between border control and domestic policing.
The right to keep and bear arms occupies a curious place in American legal history.
The order was made after finding that these individuals were arrested without a warrant or probable cause, and in violation of a consent decree.
The First Amendment protects filming the police, but Berenice Garcia-Hernandez says she was dragged out of her car and detained for nearly seven hours for snapping photos of ICE agents.
Congressional investigators released emails from the late sex trafficker discussing how to leverage his relationship with the future president.
British regulators and lawmakers are hot on a measure that would make possessing or publishing strangulation porn a crime.
The two U.S. allies were OK with helping arrest suspected drug smugglers, but not with helping kill them.
FIRE suggests laws to trim FCC power and protect free expression.
The mainstream media have made serious errors. That doesn't mean every contrarian, fringe, or conspiratorial idea is automatically correct.
The decision is consistent with the president's avowed concerns about "overcriminalization in federal regulations."
Author Sarah Weinman's Without Consent tells the story of the legal and political battles to outlaw spousal rape in the U.S.
Steven Duarte is one of several petitioners who are asking the justices to address the constitutionality of that absurdly broad gun ban.
I participated along with James Burling (Pacific Legal Foundation), Prof. Peter Byrne (Georgetown), and Prof. Sara Bronin (George Washington University).
Brandenburg v. Ohio established the "imminent lawless action" standard. More than 50 years later, partisans keep trying to apply it selectively.
