Crime
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.
Coronavirus Daily Death Rates by Country
Very high in Italy and Spain, followed by France, Switzerland, Belgium, and the Netherlands, followed by Denmark, Portugal, Ireland, Austria, the U.S., and Germany.
DHS Adds Workers for Gunmakers, Gun Retailers, and Shooting Ranges to "Essential Critical Infrastructure" List
This is an advisory list, but I expect will have some influence on some local governments.
Possible Zoom Video Conversation, With All of You Invited to Watch and Submit Questions via Chat?
I'm toying with doing that with a couple of colleagues -- any suggestions on how to make it work?
Texas Cities and Counties Can't Close Gun Stores as Part of Coronavirus Closures
So opines the Texas AG, interpreting Texas state statutes (and not needing to consider the Second Amendment).
Short Circuit: A Roundup of Recent Federal Court Decisions
A cold prison, a suspicious suicide, and federal advisory committees.
"Senator, I Have Worked with Professors at the University of Pennsylvania," I Say
"I know professors at the University of Pennsylvania. Professors at the University of Pennsylvania are friends of mine. Senator, you're no University of Pennsylvania Professor."
Federal Lawsuit in N.J. Challenges Total Closure of Gun Stores
"At the same time these Defendants" "entirely closed off any and all means for law-abiding private citizens to obtain firearms in New Jersey," "the State has permitted the retailers of many other products—including alcohol, marijuana, and office supplies—to continue distributing goods to the public."
Covid-19, the Evil Genius, and How to Think about Societal Risks
How much risk of loss of life people are willing to accept likely depends on how one asks the question
Coronavirus Deaths: 6th Day of ~700/Day in Italy, 3rd Day of ~600 in Spain, 3rd Day of ~210 in France, 2nd Day of ~235 in U.S.
(All numbers are plus or minus about 15%.)
Justice Department Filing Against Treating Male-to-Female Transgender Athletes as Women
"Far from being required by Title IX, CIAC's transgender policy is in tension with 'the core of Title IX's purpose'—namely, ensuring that women have an '[e]qual opportunity to participate' in educational programs and activities at covered institutions."
"From Now On, Reusable Bags Are Prohibited and All Regulations on Plastic Bag Bans Are Lifted"
Says Massachusetts Gov. Charlie Baker, presumably for the duration of the pandemic emergency.
End the coronavirus lockdown for those who've recovered
They're a crucial resource in this crisis
Law students quietly agree with my post on pass/fail grading
"I have to admit that I am concerned about my reputation among my peers"
