N.Y. Gun Restrictions Won't Be Applied Retroactively, to Gun Owner with a 1982 Receiving Stolen Property Conviction
A rare gun owner victory in New York court.
Crime
Must U.S. Hospital Turn Over DNA of the Late Saudi Crown Prince, so Plaintiff Can Use It in Lebanese Paternity Action?
As usual, the answer is ... procedure, more procedure, and procedure about procedure.
Caution for Law Professors Who Plan To Generate Their Own Content
Developing high-quality content is difficult, time-consuming, and expensive. No content may be better for students than weak content.
ABA Issues Formal Opinion on Purpose, Scope, and Application of ABA Model Rule 8.4(g)
Opinion states that an "inaccurate, offensive, or upsetting" point of view discussed at a CLE Program would not violate Model Rule 8.4(g).
Justice Department Executes First Federal Prisoner in Nearly 2 Decades
A quick scramble to end a man’s life, despite objections by attorneys and even the relatives of his victims
Justice Department Tangles with Judges Over First Federal Execution in 17 Years
A court delay on Friday was lifted over the weekend, only to be reinstated Monday for different reasons.
New York Is Having a Violent Summer, But It's Not Because of Bail Reform
The NYPD is still blaming jail releases, but the data simply doesn’t back that claim up.
What the Declaration of Independence Said and Meant
It officially adopted the political theory of the United States: securing the individual rights of We the People
The Declaration of Independence will never be outmoded, as President Coolidge explained
Equality, inalienable rights, and consent of the governed can be opposed only by reactionaries
Supreme Court of Texas Divides Over July and September Administrations of the Texas Bar
Seven Justices agree to to allow "Online" bar exam in October. Two Justices would "adopt a diploma privilege in lieu of the bar examination."
Short Circuit: A Roundup of Recent Federal Court Decisions
Excessive radon, Armageddon, and a hopeless romantic.
Overtime July begins with Emanations and Penumbras from the Shadow Docket
The Court quietly ruled on Abortion, Free Exercise, the Mueller Report, Voting Rights, and the Suspension Clause.
Golden State Killer's Capture Complicates Documentary I'll Be Gone in the Dark
What happens when a decades-long mystery gets solved while you’re explaining it?
Somerville (Mass.) Allows Multi-Member Domestic Partnerships
Partners (who needn't be romantically involved with each other) can benefit from each other's health insurance—but siblings living together can't.
The Ten Phases of Blue June
Phase 1 began with South Bay v. Newsom on May 29. Now, we go into Phase 10: Overtime.
Stare Decisis is an Old Latin Phrase that Means "Let the Decisions of the Warren Court Stand"
Halfway Stare Decisis, like Halfway Textualism, Allows the Court to be Ruled by the Dead Hand of William Brennan.
Chief Justice Roberts Rewrote Morrison v. Olson
Roberts's fidelity to stare decisis does not include following precedents as written. And we all know it.
Justice Kagan on Hamilton in Federalist No. 77
Hamilton said that Senate must consent when a new President "displaces," that is substitutes an old officer with a new officer.
The Roberts Court Slowly Inters Justice Kennedy's Ephemeral "Jurisprudence of Doubt"
Blue June buries Boumediene, Whole Woman's Health, and Trinity Lutheran Footnote 3.
A Rosy End to Blue June
Is Espinoza enough to make conservatives look past the Chief's never-ending chess match?
Defendant "Not Likely to Emerge From … His [5-Year] Sentence … with a Thoughtful and Pacific Approach to His Fellow Man"
A new three-strikes sentencing opinion from a California court.
The Chief Justices Battle over the Removal Power
Roberts and Kagan present two very different conceptions of the separation of powers.
Blue June Glooms On
The Chief feints left on abortion, tiptoes to the right on the CFPB, and Thomas is still waiting for Godot
Mask Mandates and Broccoli Mandates
The opposition to mask-mandates harkens back to the Obamacare challenge.
Justice Brennan rejected the "literal" meaning of Title VII in United Steel Workers v. Weber
This landmark Title VII case relied on the "familiar rule" from Church of the Holy Trinity v. United States.
The 9th Circuit Erred Again: Youngstown does not support the existence of an "equitable ultra vires cause of action"
The steel mill owners had a concrete, property interest that was impaired by the government's actions. The plaintiffs did not rely on a generalized allegation of ultra vires action by the Secretary of Commerce.
