Crime
2019: Blade Runner Is Set. 2020: I Get CAPTCHA Demands When Doing Searches
Google thinks I'm a robot. What if it's right?
Is a public-carry law only unconstitutional where "historical evidence clearly commands" that result?
A Harvard Law Review Note argues that judicial restraint is an "originalist value"
Do Universities Really Expect to Treat their Students as "Pod" People?
Attempts to force college students into strict protocols are unlikely to succeed
What is and Should Be the Role of Administrative Agencies in Developing Constitutional Rules and Norms?
"Administrative Constitutionalism" is receiving a great deal of attention in legal academia, and some misguided praise.
Textualism, Title VII, and "Discrimination . . . Because of Such Individual's Sex"
Does the text of Title VII prohibit discrimination on the basis of sexual orientation or transgender status?
Forgotten Persuasion
We write to persuade, but how do we overcome the reader's memory constraints?
A Tension in Judge Wilkinson's Emoluments Clauses Dissent
If Washington’s conduct helps us understand the meaning of “emoluments,” it should also help us understand the scope of the Foreign Emoluments Clause.
Lawsuit Against Fox News Claims Cable Television Is Unprotected by the First Amendment
This is the Washington state suit alleging that Fox News had distributed false information about coronavirus.
The Championship Round of the OT 2019 Harlan Institute-ConSource Virtual Supreme Court Competition
Thank you to Judges Costa and Willett and Justice Guzman. Congratulations to Curtis Herbert and Hayat Muse of Minnesota!
Dr. Raj S. Bhopal on Indians and Race
An interesting take from an expert on race and medicine.
Short Circuit: A Roundup of Recent Federal Court Decisions
Botanical accuracy, puppycide, and accusations of impropriety.
In His Advocacy Against Legislative History, Did Scalia Get Half a Loaf, or None at All?
Our new paper on circuit court judges’ citation practices produces surprising results.
Justice Thomas Asks How to Characterize Presidential Electors
Are they “subordinate state officers”? Do they perform a “federal function”? Do they hold a “Public Trust under the United States”?
The Irony of "The Plot Against America"
The book and mini-series imagine Pres. Charles Linbergh dispersing Jews to the hinterlands, but FDR was the one who actually favored that.
The ACA and the Declaratory Judgment Act
Is there statutory jurisdiction in California v. Texas?
More Thoughts on Church Closings
On the possible risks of contagion, and why Evangelicals sue.
Will the Supreme Court DIG Colorado Department of State v. Baca?
Justice Breyer and Gorsuch were annoyed by this "manufactured litigation."
"This decision will undoubtedly go down as one of the most blatant examples of judicial activism in" the Wisconsin Supreme Court's "history"
What about Ableman v. Booth (1858)?
The Logistics of Testing and Contract Tracing on Campus
How would Universities actually take steps to prevent the spread of COVID-19?
Recommendations to Improve Access to the Supreme Court
I hope the Supreme Court takes these recommendations seriously.
Frodo Baggins Appears in the U.S. Supreme Court,
in a hypothetical question posed by Justice Thomas.
Guest Post: Three Interconnected Errors in the Our Lady Of Guadalupe Oral Arguments
A guest post from Professor James Phillips
An Interesting Historical Note About the Bakke Case
The first major affirmative action case went down in history as a case about "reverse discrimination" favoring blacks, but the underlying facts were more complicated.
Was the House Lawyer Unable or Unwilling to Provide a Limiting Principle in the Tax Return Cases?
Douglas Letter's refusal to provide a limiting principle may have been deliberate.
State AG May Sue Governor in Federal Court over Constitutionality of Travel Restrictions
So held a federal district court in Kentucky, in an epidemic-related lawsuit.
