Crime
Supreme Court Appoints Prof. Aaron Nielson to Defend Constitutionality of Federal Housing Finance Agency
Circuit Justice Alito (likely) calls on his former law clerk to argue the post-Seila Law Case.
Second Circuit Refuses to Take Emoluments Case En Banc
At least four judges (and one senior judge) believe the standing question is worthy of en banc review. Will the Supreme Court think it's worth certiorari?
Princeton's Sean Wilentz wins the 2021 Cooley Book Prize
The Georgetown Center for the Constitution honors his book, No Property in Man: Slavery and Antislavery at the Nation’s Founding
The Constitutionality of a Federal Mask Mandate, Part II
Can Congress mandate that people in many (most) places wear masks?
Tech Tips for Zoom University: Get a Good Mic, But Your Camera Doesn't Really Matter
Zoom compresses all video uploads, turning the most high-definition stream into grainy video
Fractured Opinions, Stare Decisis, and Reproductive Rights
An 8th Circuit panel makes a hash out of the interpretation of the fractured opinions in SCOTUS' recent June Medical decision
Hillary Clinton Gets a Writ of Mandamus from the D.C. Circuit
Yes, they are still litigating over her emails.
The California Supreme Court Surprisingly Upheld Pension Reform Last Month
But it still reaffirmed the validity of the "California rule".
The Perverse Incentives of Page Limits v. Word Limits
With page limits, advocates are drawn to footnotes, which are single-spaced, in a smaller font, and take up less space.
Short Circuit: A Roundup of Recent Federal Court Decisions
Cuban ballplayers, regulating Puerto Rico, and the male-only military draft.
Opinions of the Court, Opinions Related to Orders, and Orders of the Court
The Supreme Court uses different sections to publish different types of opinions and orders.
The Constitutionality of a Federal Mask Mandate
What enumerated power would allow Congress to require people to wear masks?
Ted Cruz, Laurence Tribe, and Tammy Duckworth
In 2016, Professor Laurence Tribe said it was "not settled" whether Ted Cruz was a "Natural Born Citizen."
Update from University of Southern Maine: "No administrator will see the list of people who pledge to practice antiracist behaviors"
The pledge, as crafted, will not obtain any meaningful "aggregate-level" statistics.
In Rhode Island Case, Chief Justice Roberts Once Again Uses Shadow Docket to Maintain The Status Quo
"The status quo is one in which the challenged requirement has not been in effect, given the rules used in Rhode Island’s last election, and many Rhode Island voters may well hold that belief."
Welcome Back To (Virtual) Campus, and Follow Along My Classes This Semesters on YouTube
I teach on Mondays and Wednesdays. Property II (9:00-10:15 CT), Constitutional Law (10:30-12:10 CT)
Cancelling Chief Justice Melville Fuller
The Maine Supreme Judicial Court asked whether to remove statue of Chief Justice who joined Plessy majority
"For Free Speech, Today's College Students Are Tomorrow's Law Students, Lawyers, Politicians, and Judges"
We should not take for granted that the judges today generally agree on free speech culture.
Looting Businesses in Part Because They Are Patronized By / Associated With Racial Group = Hate Crime
Might be obvious, but worth noting.
Chicago Residents Wait Months for Permission To Defend Themselves
Despite an alarming increase in crime, Illinois is illegally delaying gun licenses.
"Anything They Wanted to Take, They Can Take It, Because These Businesses Have Insurance"
"That is reparations."
Is Kamala Harris Legally African American, Indian, Both, Neither, or Something Else?
Harris' origins allow her to properly claim Asian or Black/African American legal status, and she has chosen the latter.
Public Trial Clause Not Violated by Having Spectators Observe Via Live Video and Audio
This departure from the norm of in-person observation is justified by the pandemic, a federal judge concludes.
California Voters Will Decide Whether They Want To End Cash Bail Once and for All
Bail bond companies fight to protect their industry, while some civil rights groups worry the reforms won't actually reduce pretrial detentions.
