The "NO BAN Act" Would Modify The Statutory Regime That Authorized President Trump's Travel Bans
This statute would obviate the statutory analysis in Trump v. Hawaii.
Crime
Short Circuit: A Roundup of Recent Federal Court Decisions
A transatlantic pie fight, a pecunious divorce, and a putrid pool of purple ink.
New in the Atlantic: Justice Gorsuch's Half-Way Textualism Cuts the Civil Rights Act and Oklahoma in Half
Justice Gorsuch needs to account for both text and precedent when interpreting old statutes.
Judge Callahan (CA9) Corrects Press Report That Failed To Note Her Dissent
The reporter made a good-faith mistake based on an incomplete PACER download. Judge Callahan should apologize.
Trusted Traveler Program Access Restored for New Yorkers
But the real story are DHS' s painful lies to SDNY
The Elephant in the Room for the Diploma Privilege Debate
Nationwide, 80% of first-time test takers pass the bar exam, and 90% will pass within two years. But 10% of takers will not have passed after two years, and some will never pass.
New on SCOTUSBlog: "Invisible majorities: Counting to nine votes in per curiam cases"
I try to make sense of the votes in the Faithless Electors Cases and the Creek Nation Cases
"There Are Good Reasons Not to Disparage Your Opponent, Especially in Court Filings"
A reminder from Judge Thapar that insults and invective are no substitute for argument.
Can the impartiality of a judge be reasonably questioned if she asks questions during oral arguments, but does not decide the case? (Updated)
Judges Luck and Logoa (CA11) asked questions about a Florida law while they were serving on the Florida Supreme Court, but did not decide the case.
More in the Richard Liebowitz Saga
"The Movants are undoubtedly correct in asserting that 'nationwide sanctions' are rare, but that is only because they are rarely warranted."
The Sierra Club Asked The Supreme Court To Lift The Stay in The Border Wall Case. But There Is No "Equitable Ultra Vires Cause Of Action"
The Sierra Club conflates illegal conduct with the ability to challenge illegal conduct in court.
Plaintiff Distressed by Neighbors' Cameras—Because of His PTSD—Can't Get Restraining Order
The standard under Minnesota law for what is impermissible harassment, the Minnesota Court of Appeals concludes, is objective, not subjective.
Louisiana Supreme Court Divides 4-3, Cancels In-Person Bar Exam, Forces Repeat Takers to Sit for Online Exam, Grants "Qualified" Candidates A Diploma Privilege (Updated)
Three justices bitterly dissented. One observed that after Hurricane Katrina, some test-takers had to retake portions of the bar exam.
It's Getting Harder and Harder to Distinguish Satire from Earnest Wokeness, II
Rutgers English Department says grammar is racist.
It's Getting Harder and Harder to Distinguish Satire from Earnest Wokeness
If you've seen the Smithsonian American History Museum's "white culture" graphic, you know what I mean.
7 Modules for First Amendment (Speech and Religion)
Powerpoint Slides and Videos from "An Introduction to Constitutional Law"
Does a Judge have to recuse if a conflicted party files an amicus brief? Or should the brief be struck?
The Fifth Circuit struck the brief. Judge Brasher (CA11) recused.
Federal Judge's Son Killed and Husband Injured by Men's Rights Activist Lawyer
Threats Against Federal Judges on the Rise
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.
