Civil Liberties
Netflix CEO Apologizes for Having Principles
When employees tried their hand at a shakedown, CEO Ted Sarandos buckled a bit under the pressure.
In a New Survey, Victims of Philadelphia's Forfeiture Racket Highlight the Hazards of Giving Cops a License To Steal
"What they're doing is like robbery," observed one property owner.
Federal Regulators Greenlight Trading of Bitcoin-Linked Securities, Delighting Investors and Infuriating Cryptocurrency Critics
Plus: Cuba violates the rights of peaceful protesters, New Zealand leads the world in zoning reform, and more...
Lawyers, Law Students, Law School Administrators, and Language
Yale Law School's diversity miseducation.
The Second Amendment vs. the Seventh Amendment: The Distinction Between Substantive and Procedural Rights
Substantive rights have a core that can be meaningfully interpreted and protected; they can exist independently of a particular government or a particular legal system. Procedural rights lack such an independent core because they are necessarily embedded in a whole system of legal procedure, and they depend on that system for their meaning.
John Hart Ely on Planned Parenthood v. Casey
Despite his criticisms of Roe, he also believed in stare decisis
No Government Action (and Thus No First Amendment Violation) in Suspension of Plaintiffs' YouTube Accounts
So holds a federal district court, rejecting plaintiff's theories that (among other things) the government compelled the suspension, and that the government and YouTube were engaged in "joint action."
Qualified Immunity Reform Stalls in the States - and in the Supreme Court
Recent Supreme Court rulings and developments in state legislatures have dashed hopes for a quick end to the pernicious doctrine that protects abusive law enforcement officials.
Social Media Isn't To Blame for the Deadly Stabbing of a British Member of Parliament
Attempts by British lawmakers to erase online anonymity would lead to radical speech being pushed underground.
Dems Try To Pass Off $10,000 IRS Reporting Threshold as Merely Going After the 1 Percent
Proposed IRS surveillance now limited to non-wage net annual transactions of $10,000 and above. Which is still ridiculously low and intrusive.
"People Are Less Interested in Discussion Than Domination"
Wise words from the target of TrapPartyGate.
No Heckler's Veto: Georgia Court's Decision Rejecting $1.5M Nuisance Verdict Against Abortion Clinic Stands
The verdict was chiefly based on the actions of protesters and arsonists; the Georgia Court of Appeals rejected it, and the Georgia Supreme Court has just refused to rehear the case.
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.
