Crime
Joe Biden Wants To Reform the Criminal Justice System He Helped Create
The presidential candidate deserves praise for retreating from his tough-on-crime stance. But let's not forget that his policies contributed to mass incarceration and the police misconduct that people are protesting today.
What Happened to the Public Health Emergency?
People who were insisting that public gatherings, even for funerals, were grave, completely unacceptable threats to public health that must be harshly suppressed are supporting public protests over racism.
Who will write the remaining major Supreme Court decisions?
My prediction: Roberts for Title VII, Roberts for DACA, and Roberts for Espinoza, and Roberts for Tax Return Cases
Another Way to Think About South Bay: Why Allow Protest, But Not Prayer?
Mayors and Governors admit they think prayer simply isn't as important.
Mooting Corona Cases Before They Reach the Supreme Court
Blue states played "keep-away" with Free Exercise and Second Amendment cases on the shadow docket.
Joe Biden's 'Bold' Thinking Shredded Civil Liberties and Destroyed Lives
On crime, drugs, immigration, and foreign policy, his 44-year policy record is a cautionary tale of bipartisanship in response to perceived crises.
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.
