How should the U.S. respond to the Schrems II decision?
A five-point plan
Crime
16 Modules for Constitutional Law II (Rights and Equal Protection)
Powerpoint Slides and Videos from "An Introduction to Constitutional Law"
Solipsistic Europocrisy meets judicial imperialism
It's Schrems II in episode 325 of the Cyberlaw Podcast
Why does the Supreme Court use different language for remands to state court and federal court?
The former uses "further proceedings not inconsistent with this opinion" and the latter uses "further proceedings consistent with this opinion."
Do "People Who Are Black Have Strong Historical and Cultural Commonalities" Regardless of Where They are from and Where They Live?
Obviously not, but the Associated Press says otherwise.
12 Modules for Constitutional Law I (Structure and Powers)
Powerpoint Slides and Videos from "An Introduction to Constitutional Law"
What happens when a professor is unable to finish teaching a class due to COVID-19?
Colleges need to establish continuity of operations plans to deal to ensure minimal disruptions in teaching and grading.
A New Charles Manson Documentary Series Pulls All the Disturbing Threads Together
Helter Skelter: An American Myth doesn’t shed new light, but it’s excellent journalism.
An Oregon Criminal Prosecution of Federal Officers Could Be Removed to Federal Court
State Prosecutors would then prosecute state criminal offenses in federal court.
Discussing the Supreme Court on "Supreme Myths" with Eric Segall
A surprisingly agreeable chat on originalism, the Supreme Court, Chief Justice Roberts and other things.
When does a Supreme Court judgment become effective?
For state court appeals, 25 days "after entry of judgment." For federal court appeals, "a formal mandate does not issue unless specifically directed."
Short Circuit: A Roundup of Recent Federal Court Decisions
Noxious odors, trained scientists, and aberrantly salacious products.
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.
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.
