Reporter Detained in Russia Faces Arduous Path to Freedom
Evan Gershkovich was arrested in Russia last month on espionage charges. If convicted, he faces up to 20 years in a penal colony.
Due Process
Do the 5th and 14th Amendments Impose Equivalent Due Process Limits on Court Jurisdiction?
U.S. Court of Appeals Judge Neomi Rao suggests the full court needs to consider this question en banc.
An Oregon Man Was Wrongly Imprisoned for Almost a Year Because of an Error in a DMV Database
The Oregon DMV knew about the problem, but it "wasn't at a high enough level to understand the urgency" of the need to fix it.
SCOTUS Questions the Government's Absurdly Broad Definition of 'Aggravated Identity Theft'
According to the Justice Department's reading of the law, the crime need not involve impersonation or even fraud.
Waco Offers New Insights From ATF Agents
Historian Jeff Guinn's account focuses on the ATF's oft-overlooked fiasco in the 1993 affair rather than the FBI's widely reported involvement.
Private College Coaches' Flexibility to Eject Team Members Based on Condemnation by Teammates
"Coaches must generally consider a variety of factors—both objective and subjective—in managing a team, and these factors include concerns about distractions, team cohesion, and morale."
FTC Commissioner Resigns To Protest Agency's 'Disregard for the Rule of Law'
Chair Lina Khan has flouted the rule of law and due process, Commissioner Christine Wilson wrote.
A Texas-Backed Lawsuit Argues That the ATF's Pistol Brace Rule Is Arbitrary and Unconstitutional
Although the law did not change, regulators suddenly decided to criminalize unregistered possession of braced pistols.
How Does California Define COVID-19 'Misinformation'? Judges Disagree, but Doctors Are Expected To Know.
One federal judge thought the state's new restrictions on medical advice were clear, while another saw a hopeless muddle.
A Federal Judge Blocks California's Ban on Medical Advice That Promotes COVID-19 'Misinformation'
U.S. District Judge William B. Shubb says the law is unconstitutionally vague.
The Alamo Is Trying To Eminent Domain This Man's Bar to Make Way for Museum Honoring Alamo Defenders
"I think, in principle, it's ridiculous to have to deal with this eminent domain bullshit on the grounds of the Alamo," says owner Vince Cantu.
A 'Red Flag' Study Raises the Question of How Often People Who Talk About Mass Shootings Actually Commit Them
The researchers identified 662 cases involving threats to multiple victims, but they concede that it's likely "there are many more threats than completed events."
A Federal Judge Says the DOJ's Sex Offender Registration Rules Violate Due Process by Requiring the Impossible
Justice Department regulations threaten people with prosecution for failing to register even when their state no longer requires it.
This Mom Was Jailed for Leaving Her Teen Home Alone. Now, She's Suing.
An appeals court rejected a qualified immunity defense.
Could Colorado's 'Red Flag' Law Have Prevented the Club Q Massacre?
If an order had been issued, it would have expired months before the attack unless police successfully sought an extension.
The ACLU Says California's Ban on COVID-19 'Misinformation' From Doctors Is Gratuitous and Unconstitutional
Two chapters of the organization say the law violates the First Amendment.
Houston Prosecutors Are Keeping Cash Seized From Defendants Whose Cases Were Compromised by Police Corruption
Even in cases that hinged on the trustworthiness of demonstrably untrustworthy cops, people are still waiting to get their money back.
Doctors Say a California Law Targeting Clinicians Who Share COVID-19 'Misinformation' Is Unconstitutional
The law authorizes regulators to discipline physicians who deviate from the "contemporary scientific consensus."
Title IX Due Process Protections Could Be Wiped Away by Education Department, Report Claims
"While the procedural protections currently in place are grossly inadequate, we may soon be calling these the 'good old days.'"
An Iowa Jury Awards $12 Million in Damages to a Man Who Was Wrongly Imprisoned for Sexual Abuse
A former guidance counselor served six years of a 25-year sentence thanks to a public defender's incompetence.
Biden Administration Guts Due Process Protections for Students Accused of Sexual Misconduct
Under the new regulations, Title IX investigators can deny students access to the evidence against them.
Judges Who Sent Kids to Detention Centers for Financial Kickbacks Ordered To Pay Over $200 Million
Former Judges Mark A. Ciavarella and Michael T. Conahan are now serving lengthy prison sentences for what became known as the "kids-for-cash" scandal.
Sunstein Challenges Originalists on Bolling v. Sharpe (Updated)
If the Supreme Court was correct in Dobbs, was it wrong in Bolling?
Prosecutors Who Want Credit for Investigating Police Corruption Are Happy To Steal Money From Innocent People
The Harris County, Texas, District Attorney's Office oversees civil forfeitures that make a mockery of justice.
This Alabama Town's Shakedowns Are So Egregious That the Justice Department Is Backing a Suit Against It
Brookside faces several federal challenges for trying to fund its city by ticketing and towing the cars of anybody they can get away with.
Lawsuit Alleges that Judges Delegate Pretrial Release Decisions to County Officials
The claims come in a lawsuit against Prince George's County (Md.).
Why Didn't a 'Red Flag' Law Prevent the Illinois Mass Shooting, and Would New Federal Rules Have Mattered?
The answers underline the limitations of laws that aim to prevent this sort of crime by restricting access to firearms.
Clarence Thomas Calls To 'Reconsider' Gay Marriage, Sodomy Rulings
The other justices declined to join him, but the future of the Supreme Court rulings on those matters remains unclear.
5 Ways Biden's New Title IX Rules Will Eviscerate Due Process on Campus
The new rules would drop live hearings, bring back the single-investigator model, and limit accused students' options.
Title IX's 50th Anniversary Is a Dark Day for Due Process on Campus
The Biden administration just proposed new rules that would undermine basic fairness in college sexual misconduct disputes.
The Bipartisan Senate Gun Control Bill Would Unjustly Deprive Americans of Their Second Amendment Rights
The legislation prohibits firearm sales based on juvenile records and subsidizes state laws that suspend gun rights without due process.
In Negotiations Over the 'Boyfriend Loophole,' Republicans Show More Concern for Due Process Than Democrats
Senators are mulling legislation that would expand the categories of people who are disqualified from owning guns.
'Red Flag' Laws Require a Tricky Balance
If Congress decides to encourage them, it should not overlook the importance of due process protections.
To Promote Public Safety, Michigan Authorizes Cops To Rob Travelers at Airports
The change represents a substantial reversal of civil forfeiture reforms aimed at protecting innocent property owners.
Bipartisan Support for Red Flag Laws Elides the Practical and Constitutional Issues They Raise
Because there is no reliable way to identify future mass shooters, it is inevitable that many innocent people will lose their Second Amendment rights.
Colorado Private Universities Have Contract & Tort Law Duties to Provide Fair Hearings to Accused Students
A "private educational institution owes a [tort law] duty, independent of any contractual promises, to adopt fair procedures and to implement those procedures with reasonable care when investigating and adjudicating claims of sexual misconduct by one student against another."
The DOJ Says a Man Whose Record Was Expunged Still Must Register As a Sex Offender, Which Is Impossible
A federal lawsuit argues that the department's regulations violate due process, the separation of powers, and the First Amendment.
Johnny Depp and Amber Heard Demonstrate How Not To Handle a #MeToo Case
The torturous trial calls to mind Title IX investigations on college campuses.
The Buffalo Massacre Illustrates the Inherent Limitations of 'Red Flag' Laws
Predicting violence is a lot harder than people claim in retrospect, and a wider net inevitably ensnares more innocent people.
AOC Defends Due Process as Colleagues Greenlight Asset Seizure Bill
Plus: Homeland Security's new Disinformation Governance Board, the FDA's menthol ban, and more...
Houston Says Businesses Must Install Surveillance Cameras and Cops Can View Footage Without a Warrant
Plus: The Warrant for Metadata Act, DOJ will appeal order ending mask mandate, and more...
The Feds Will Return More Than $1 Million in Marijuana Money That California Cops Stole From Armored Cars
Empyreal Logistics agreed to drop its claims against the Justice Department, but it is still suing San Bernardino County Sheriff Shannon Dicus.
Local Lawyers Think 'Gross Negligence' Explains an Unlawful Murder Charge Based on a 'Self-Induced Abortion'
Starr County District Attorney Gocha Allen Ramirez has yet to explain how this egregious error escaped his notice.
For 20 Years, This Prosecutor Had a Secret Job Working For the Judges Who'd Decide His Cases
One of Ralph Petty's victims is trying to hold him accountable, but she will have to overcome prosecutorial immunity.
Texas Prosecutors Blatantly Ignored the Law When They Charged a Woman With Murder 'by a Self-Induced Abortion'
As Starr County District Attorney Gocha Allen Ramirez belatedly conceded, that charge is explicitly prohibited by the Texas Penal Code.
Ketanji Brown Jackson Defended People Suspected of Terrorism. Good.
There's a particular richness to Republican senators weaponizing the right to defense counsel as an affront to the Constitution as opposed to something that's pivotal to it.
Here Is What Ketanji Brown Jackson Said in the Harvard Law Review Article That Josh Hawley Found 'Alarming'
The Supreme Court nominee raised serious constitutional concerns about laws that punish sex offenders after they complete their sentences.
