In Other Supreme Court News . . .
SCOTUS did more today than decide that Title VII applies to employment discrimination based on sexual orientation and transgender status.
Crime
Justice Thomas (Dissenting) Further Arguing Against Qualified Immunity
He views the doctrine as likely not authorized by the text of the Civil Rights Act of 1871, or the legal principles that it may have implicitly absorbed; instead, he argues, it was created it just "because of a 'balancing of competing values' about litigation costs and efficiency."
BREAKING: Supreme Court Holds Title VII Prohibits Discrimination Based Upon Sexual Orientation or Transgender Status (Updated)
Justice Gorsuch writes for six-justice majority that discrimination based upon sexual orientation or transgender status is sex discrimination under Title VII.
The Return of Court-Packing
Some progressive activist groups are trying to resuscitate the idea. Whether they succeed remains to be seen.
Washington Supreme Court Waives Bar Exam Requirement
for all J.D. graduates of law schools accredited by the American Bar Association who are already registered for the July or Sept. 2020 bar exams.
Short Circuit: A Roundup of Recent Federal Court Decisions
Horseshoeing school, tour guide licensing, and a lawsuit that will not go gentle into that good night.
The Revolution is Eating its Own
Jonathan Chait's article on progressive intolerance both describes and illustrates the problem.
Cornell Dean Eduardo M. Peñalver on the Jacobson Controversy
Dean Peñalver defends Jacobson's academic freedom, but adds an entirely gratuitous, and somewhat unfair condemnation of Jacobson's writings.
"Policing the Police: The Impact of 'Pattern-Or-Practice' Investigations on Crime"
An interesting draft study by Harvard economics professors Tanaya Devi and Roland G. Fryer Jr.
Rights and Wrongs of "Defunding the Police"
If "defunding the police" means abolishing them completely, it's a bad idea. But there are ways to use cuts in funding to improve police incentives for the better.
Pennsylvania Adopts Variant of ABA Model Rule 8.4(g)
The Pennsylvania Supreme Court, with one recorded dissent, finally acted on a process that began in 2016.
Is Attending a Political Protest More Important than Attending a Funeral?
American rabbis were strongly in favor of strict "stay at home" policies--until the recent protests started.
Post-COVID Lockdowns, Early Big City Crime Stats Are Slightly Encouraging
Early COVID lockdown effects show no significant increases in most crime. In most cases, there were drops.
The PROMESA Board Members Are Not "Officers of the United States." So What Are They?
Article IV territorial officers hold “Office[s] under the Authority of the United States,” and are bound by the Sinecure Clause.
One Win, One Loss for Second Amendment Claims in the Epidemic
A federal court in Connecticut struck down a policy that effectively stopped gun purchases; a week ago, a federal court in California upheld such a policy.
"The Oft-noted Hollowing Out of the Middle Class is a Metropolitan Phenomenon"
Income inequality is increasingly a phenomenon driven by big cities.
Download the Powerpoint Slides for 100 Supreme Court Cases
All of the files are now available on a shared drive.
Public Health Experts are Embarrassing Themselves
While the current protests are certainly well-meaning and anger over police violence and racism justified, claiming that the protests' positive effects on public health will exceed the harms from the spread of coronavirus is an assertion of faith, not science.
Another Take on Judge Sullivan and Michael Flynn's Petition for a Writ of Mandamus
Professor Peter Margulies argues the writ should be denied, for the most part, at least for now.
AI Means Superfuzzing plus Whaling at Scale
Episode 319 of the Cyberlaw Podcast - an interview with Ben Buchanan
Is the Future of Freedom of Speech in Jeopardy?
Constitutional protection of freedom of speech depends on cultural foundations that are being eroded, left and right.
Cities Should Take a Hard Look at Police Department Budgets (UPDATED)
Despite a massive decrease in crime, the NYPD has more officers and twice as many civilian employees now than in 1991.
How Adversarial is the Relationship Between African Americans and the Police?
Not as adversarial as you might think based on some radical/extremist activists' rhetoric.
Short Circuit: A Roundup of Recent Federal Court Decisions
Common sense, various poems, and rogue, mooning journalists.
