Unicorns, Coronavirus, and Emergencies
"The world is facing a real emergency. Plaintiff is not."
Crime
It's Time for the Commission on Civil Rights to Stop Using Words Like "Racism," "Xenophobia," "Hate," and "Hateful" So Indiscriminately
A Statement by Two Commissioners.
Short Circuit: A Roundup of Recent Federal Court Decisions
Jaguar habitat, CIA black sites, and deadly insurance benefits.
The Trump Administration's Uncooperative Environmental Federalism
The EPA has talked the talk of cooperative federalism, but it's not yet fully walking the walk.
Come for the Judicial Opinion, Stay for the "Additional Views"
A Federal Circuit panel took the unusual step of throwing in some dicta in a separate non-opinion.
Keep Coronavirus Out of Jails by Arresting Fewer People in the First Place
Police departments turn to summons instead of processing people into cells—a change they should keep after this is all over.
Another merger the FTC should block
Privacy and Antitrust -- Episode 303 of the Cyberlaw Podcast
Forum Shopping is Rational
Advocates on the right and the left choose their ideal forum, as they should
You Don't Become a "State Actor" Just by Getting Government Funding or Benefits,
and you (whether you're Google or a private university or anyone else) don't become restricted by the Bill of Rights because you get such funding or benefits.
McGinnis: The Empire Strikes Back Against Originalism
"All these criticisms [of originalism] are actually disputes about original meaning, not rejections of it."
Divided Fifth-Circuit Panel Submits Untimely Amicus Brief in Seila Law v. CFPB
Courts of Appeals should resist the urge to opine on cases pending before the Supreme Court
Bernie Makes Good on His Promise to Increase Turnout
I cast my first vote in a Democratic primary today
The Supreme Court did not grant certiorari on the House of Representative's Obamacare Cert Petition
After Bethune-Hill, there were not four votes to review the House's petition
The Fight Over Colorado's Death Penalty Was Shaped by the Families of Murder Victims
Concern for the families appeared on both sides of the debate.
Will the Supreme Court hear the Obamacare cases before or after the 2020 Election?
Audio from an Oral Argument scheduled in October will likely be used in political advertisements
5 more travel tips for flying
Make your time in the air as familiar and predictable as possible
Is Europe censoring what Americans say online?
I put my Facebook account at risk (again) to find out
Short Circuit: A Roundup of Recent Federal Court Decisions
Rails-to-trails, unfair competition, and nonactionable puffery.
New in the Atlantic: Corpus Linguistics and D.C. v. Heller
James Phillips and I preview our new research in the Atlantic
Sineneng-Smith and Outlawing Solicitation of Legal Conduct
How far does the "speech integral to criminal conduct" exception go?
Bivens Liability and Its Alternatives
If the Court is going to abolish the 20th century remedies, can we at least have the 19th century remedies back?
