Unusual Supreme Court Lineup Holds that Jury Verdicts in (Most) Criminal Cases Must Be Unanimous
All three of today's Supreme Court decisions featured unusual alignments among the justices.
Crime
Short Circuit: A Roundup of Recent Federal Court Decisions
Hair microscopy, an economist breaks bad, and the non-prosecution of Jeffrey Epstein.
"I Suppose You Legally Have a Right Not to Give Your ID [to Police],"
"but then you probably are making a judgment call that you need to let a judge make"—reasoning from a New Mexico trial court judge, recently reversed by an appellate court.
The Art of the Troll
Trump is a master of instantly changing the narrative so we forget about yesterday.
The "Elite Eight" Round of the OT 2019 Harlan Institute-ConSource Virtual Supreme Court Competition
Congratulations to the top 8 teams
Noel Canning Redux: Justices Breyer and Scalia wrote that the President could use the adjournment power to block Senate "intransigence" (Updated)
No President has ever adjourned Congress before. Yet at least.
SCOTUS Drives a Stake Through The Heart of Rule 33.1
The Supreme Court should permanently exempt cert-stage briefs from the Byzantine printing and paper requirements of Rule 33.1
Is the Supreme Court About to Take Its First Big CFAA Case?
Probably. And they certainly should.
Penn. S. Ct. Rejects Free Speech Challenge to Shutdown
See below for posts about other parts of this interesting and important opinion.
Florida Judge Offers Advice for Zoom Hearings: Dress Appropriately
"It is remarkable how many ATTORNEYS appear inappropriately on camera."
Should We Replace Traditional Elections with Sortition?
Recent controversies over election rules and the coronavirus threat have bolstered advocates of decision-making by randomly selected groups of voters. But this approach still has serious flaws.
The Eleventh Circuit Concludes That Jeffrey Epstein's Florida Victims Had No Rights Under the Crime Victims' Rights Act.
While calling the secret non-prosecution agreement of Epstein a "national disgrace," the Eleventh Circuit holds that the CVRA only extends victims' rights after an indictment. We will ask for rehearing en banc.
The Google-Apple infection tracker has a privacy problem. Just not the one you think.
It puts privacy ideology above public health effectiveness
We Are All Federalists Now
Chief Justice Rehnquist's prescient prediction in Garcia v. San Antonio Metropolitan Transit Authority (1985)
What the Cyberspace Solarium report means for the private sector
Episode 311 of the Cyberlaw Podcast
Belgium's Coronavirus Death Rate Surpasses Italy's
In the meantime, neighboring Netherlands, which a few weeks ago had a similar rate to Belgium's, now has half of Belgium's.
Should Congress Preempt Coronavirus Liability for Businesses That Reopen?
Even after the shutdown orders are lifted, businesses may fear liability if they reopen and someone supposedly gets sick as a result—when Congress concludes reopening is safe, should it block such liability?
Courts should not decide issues that are not there
My take on On Fire Christian Center, Inc v. Greg Fischer, et al.
"Public Officials Have an Ongoing Duty to Adhere to the Law"
"This duty doesn't evaporate in a crisis—in fact, a crisis may heighten the duty."
Virginia Man Shoots an Active Robber in Store, Is Arrested Himself
The store owner thought his employee acted in reasonable defense of property and self. The police disagreed.
The Fifth Circuit's Inconsistent Approach to Certiorari and Abeyance
What should a Court of Appeals do when the Supreme Court grants, or is about to grant, a case with related issues?
Using Vulgarities When Speaking to a Police Officer Isn't a Crime
You'd think that would have been clear by now to prosecutors and judges.
Zoom Conversation with Michael Abramowicz, Will Baude, Orin Kerr, and Me -- You're All Invited to Watch and Ask Questions
It will be 8 pm Pacific, 9 pm Mountain, 10 pm Central, 11 pm Eastern, on Tuesday, March 31, for about an hour.
