Civil Liberties
Although the State of Kansas Admits This Guy Is Innocent, It Still Wants To Destroy His 1959 Corvette
Richard Martinez lost his dream car because of VIN-plate issues prosecutors admit he was "not aware of."
The Supreme Court Deals a Major Blow to Qualified Immunity Reform
In two opinions issued Monday, the Court gave qualified immunity to several police officers accused of violating the Constitution.
Nigerian Separatist Group Sues Wash. Times, U. of Baltimore, Professor for Libel
The lawsuit is brought by the group Indigenous People of Biafra, which has been labeled a terrorist group by the Nigerian government.
Bans on Political Discrimination in Places of Public Accommodation and Housing
A forthcoming article of mine in the New York University Journal of Law & Liberty.
The Second Amendment vs. the Seventh Amendment: Substantive vs. Procedural Rights; Part 1: Similarities and Differences
Although the affinities between the Second Amendment right to keep and bear arms and the Seventh Amendment right to civil jury trial seem strong, there are crucial differences. The first concerns individual accountability and the ability to understand responsibilities; the second concerns the distinction between substantive rights and procedural rights.
Public Defenders vs. Gun Control
A Supreme Court decision against New York's gun control scheme would be a victory for both criminal justice reform and the Second Amendment.
Judge: Police Can't Blame a Bystander for a Cop Killing Another Cop
It was unconstitutional to charge Jenna Holm with manslaughter. But the state wanted to protect its own.
The Right to Bear Arms in Historical Context
Founding realities refute New York’s arguments supporting its gun carry ban.
Woman Convicted of Manslaughter, Sentenced to 4 Years in Prison for Having a Miscarriage
Whatever this system is, it is not pro-life.
Dems Want to Soak the Rich by Snooping on the Poor
Nancy Pelosi, Elizabeth Warren, and co. insist that the IRS needs to know about $600 bank accounts.
"What My Grandparents' Experience in the Holocaust Taught Me about the First Amendment"
A Cato panel with Judge David Stras (8th Cir.), with some comments from me (on the other side of the Operation Barbarossa front line).
Texas Court Recommends a New Trial for a Man on Death Row, Saying the Trial Judge's Anti-Jewish Bias Violated Due Process
A district court judge found "overwhelming evidence" of Vickers Cunningham's bigotry.
Netflix Staff Apparently Unaware That Dave Chappelle's Comedy Special Would Include Jokes
No one is safe from Chappelle's jokes—but also, everyone is safe from Chappelle's jokes.
A Surprise Amicus Brief in the Challenge to New York's Gun Carry Ban
Former Judge Luttig's arguments are off base.
Sixth Circuit Concludes Local Tree Ordinance Constitutes an Unconstitutional Taking
Court finds that a Canton, Michigan ordinance requiring mitigation for tree removal constitutes an uncompensated taking.
Don't Use the Term 'Trap House' in Your Party Invite at Yale Law School
Administrators attempted to force an apology out of a second-year law student whose Federalist Society affiliations and use of the term "trap house" were "triggering" to his peers.
A Louisiana Prosecutor Escapes Responsibility After Allegedly Covering Up Rape Allegations Against a Prison Official
No accountability for government corruption.
$400K Libel Judgment in Lawsuit Over Statements During Election Campaign
Such libel cases aren't easy to win, but sometimes they can indeed be won.
No Heckler's Veto: Fear of Violent Reaction to Speakers' Views Can't Justify …
denial of access to government property, even in a "nonpublic forum" or "limited public forum"
New York's Futile Search for Historical Precedents for its Handgun Carry Restrictions
The Massachusetts Model was not a carry ban and required aggressive behavior before it applied.
Without Roe v. Wade, Abortion Will Remain Legal in Most States
The experience with the Texas Heartbeat Act offers a preview of what that means.
On the Sacketts and S.B. 8
Governments should not design laws and regulations to frustrate judicial review.
The Government's Secret 'Google Search' Warrant Trap
With “keyword warrants,” anyone who queries certain terms on search engines will get caught in the surveillance dragnet.
Does a Medieval English Statute Supersede the Second Amendment?
New York takes a long shot at saving its firearm carry ban.
Government Eyes In the Sky
The federal government and police are finding new ways to use drones to invade privacy.
A Drone Whistleblower Goes to Prison
Too often, the government punishes citizens who reveal the state's true behavior to their fellow Americans.
Radically Incomplete Reports of Legal Proceedings as Libels
A new short article of mine, calved off my duty-to-take-down-libels article; I'd love to hear feedback, especially suggestions for a clearer title.
Court Orders #MeToo Plaintiff Not to Mention Defendant's Name in Public
The unusually named case is Doe v. Anonymous #1, now pending in Brooklyn state trial court.
Don't Know Much About History
New York’s Supreme Court brief on the Second Amendment is flawed.
Mom Sues Cops Who Arrested Her for Leaving 14-Year-Old Daughter Home Alone
"When my daughter was 12 she'd walk down the streets of Shanghai to get donuts," says the mom, Megan McMurry.
MIT "Could Not Tolerate That a Scientist Be Permitted to Speak About His Uncontroversial Research"
"after daring to express unrelated views that, although controversial, happen to be held by a majority of the American public."
Former Oklahoma U Volleyball Player's First Amendment Claim Can Go Forward
Kylee McLaughlin is claiming coaches engaged in "pressure and retaliation ... due to her political beliefs and her reactions to claims of racism," because of the coaches' "political or social justice beliefs, including support for critical race theory, opposition to President Trump, and a belief that white persons like plaintiff are privileged and racist."