Are You Now Or Have You Ever Been A Member Of The Federalist Society?
The Judicial Conference Doesn't Want Judges to Be Members.
Crime
Ninth Circuit Affirms Anti-Libel Injunction, Rejects Overbroad Portion
The opinion, though, is not binding precedent, so the question whether anti-libel injunctions are unconstitutional prior restraints remains not fully settled.
Google v. Oracle
The Supreme Court now has before it a case in which some very important copyright principles are at stake.
Tyler Cowen on "State Capacity Libertarianism" II: Is it the Right Path for Libertarians to Follow?
In the second of two posts on Tyler Cowen's idea, I assess whether state capacity libertarianism is the right path for libertarians to follow.
Desperately Smearing Amy Coney Barrett
If you're looking for an accurate (let alone fair-minded) assessment of judicial records, Slate's not the place for you.
Short Circuit: A Roundup of Recent Federal Court Decisions
An unvaccinated firefighter, HIV-positive airmen, and a racist lawyer.
Is a Religious House of Worship "Used in Interstate Commerce"?
A federal appeals court rejects an expansive reading of the federal arson law.
Tyler Cowen on "State Capacity Libertarianism" I: Is it the Wave of the "Smart" Libertarian Future?
Is "state capacity libertarianism" really where "smart" libertarians are headed? I am skeptical.
The fine line between deepfake legislation and deeply fake legislation
Episode 295 of the Cyberlaw Podcast
Some Controversial Kentucky Pardons Are Being Used to Push for a 'Victim's Rights' Bill
Courts struck down Marsy’s Law last year. Lawmakers want to bring it back.
Lawson on Conservatives versus Constitutionalists
Is the Rule of Law a Law of Rules or a Law of Law? Some conservatives seem to prefer the former. Should they?
Short Circuit: A Roundup of Recent Federal Court Decisions
Confederate monuments, bird handling, and tied houses.
May an Individual Claim Minority Status Based on a DNA Test Showing a Small Amount of African Heritage?
No, yes, then no again said the State of Washington, ultimately upheld by the federal Ninth Circuit Court of Appeals
Arizona First Amendment Challenge to Anti-BDS Law Dismissed on Procedural Grounds
A change to state law keeps it from applying to the plaintiff, which makes the request for injunctive and declaratory relief moot.
Avoid Super-Embarrassing Redaction Failures
A Public Service Announcement, especially for the lawyers among our readers.
Sen. Hawley and other GOP Senators introduce resolution that would allow dismissal of approved-but-not-transmitted Articles of Impeachments
Sen. Hawley's resolution resembles a hypothetical rule I proposed last month, which I think is constitutional
Was there a Nondelegation at the Founding?
Julian Davis Mortenson and Nick Bagley say "no." Ilan Wurman responds, "not so fast."
Trump Wants to Target Iranian Cultural Sites, Says His Tweets Shall Serve as Notice to Congress
Plus: the never-quite-there Klobuchar Moment, how Fox News learned to love the deep state, and more...
A New ABA Model Rule 8.5 to Promote Diversity and Inclusion?
"Every lawyer has a professional duty to undertake affirmative steps to remedy de facto and de jure discrimination, eliminate bias, and promote equality, diversity and inclusion in the legal profession"
