Due Process and the Criminal Law: A Few Thoughts on Kahler v. Kansas
An important Supreme Court decision on how much criminal law doctrine is constitutionally required.
Crime
Allen v. Cooper is an excellent opinion for teaching Sovereign Immunity
Justice Kagan pithily summarized Boerne, Florida Prepaid, and Kimel
PA Governor: Marshmallow Peeps are "Life-Sustaining," production can continue during COVID-19 Emergency
Designating candy as "life-sustaining," but not constitutionally-protected firearms, is irrational
Law schools should not abandon standard grading policies for all students
Only those students with demonstrated hardships should receive a pass/fail option
Divided PA Supreme Court: Governor can shut down firearms dealers during Coronavirus emergency
Dissent for three Justices: "This amounts to an absolute and indefinite prohibition upon the acquisition of firearms by the citizens of this Commonwealth—a result in clear tension with the Second Amendment..."
"It Is Their Care in All the Ages to Take the Buffet and Cushion the Shock."
“It is their care that the gear engages; it is their care that the switches lock. / Raise ye the stone or cleave the wood to make a path more fair or flat; / Lo, it is black already with the blood some Son of Martha spilled for that.”
Is Learning in Corona-time Like Learning in Wartime?
C.S. Lewis' famous sermon may still be appropriate
Grading in the Time of Coronavirus
For most law schools, switching to across-the-board pass/fail grading would be a mistake.
Unicorns, Coronavirus, and Emergencies
"The world is facing a real emergency. Plaintiff is not."
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
