District of Columbia Working Group Finds Prominent Abolitionist, James Birney, Has a "Legacy" That Does Not Merit Recognition.
DCFaces establishes five grounds for cancellation. No one will survive the purges.
Crime
Will Anti-Racist Law Reviews Publish Anti-Anti-Racist Articles by Anti-Anti-Racist Authors?
These policies will institutionalize viewpoint discrimination: only one perspective on a given issue is permissible. In the long run, academic freedom and open discourse will suffer.
Upcoming "Virtual" Speaking Engagements - And I'm Open to Doing More [Reposted]
A list of my upcoming online speaking engagements on various law and public policy issues. I am "open for business" for additional talks, too.
Judge Justin Walker on Bar Bureaucracies, Mental Illness, and More
"[One day, t]he Bar Bureaucracy will have to answer for a medieval approach to mental health that is as cruel as it is counterproductive."
Nixon May Be Trump's 'Law and Order' Model, but He Was Smarter on Crime
He did not overpromise, and he had the good sense to stop talking about a country beset by violence when he ran for a second term.
Trump Warns America: 'Biden's America' Will Look Like Trump's America
Plus: Alice Marie Johnson's RNC speech, Twitter bans bots pretending to be disillusioned black Democrats, and more...
Are the Democrats Right That We Are Seeing an 'Epidemic of Gun Violence'?
The rhetoric may not be accurate, but it is definitely useful.
Kamala Night at the DNC: The Party Anoints Harris and Brags About Biden's Crime Bill
Plus: Court rules for Robert Kraft in massage parlor video case, Trump talks QAnon, and more...
Kamala Harris May be Descended from a Slaveowner. So What?
Having white ancestry, slaveowner or not, does not make someone less "black" if they so identify.
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
