Crime
Judge Bumatay's Originalist Eighth Amendment dissent from denial of rehearing en banc
"The Eighth Amendment’s history and original understanding are of vital importance to this case."
New York Police Try To Pin Gang Witness's Death on Criminal Justice Reforms
The state’s new rules requiring information-sharing with defense lawyers are not to blame here.
Short Circuit: A Roundup of Recent Federal Court Decisions
Fireburn, puppycide, and the DOJ beggars belief.
Michelle Carter Released from Prison Early
The Supreme Court had denied cert in the texting suicide case
Op-Ed in New York Times on Trump's Impeachment Trial Brief
"Don’t Impeach Trump for Acting Like a Politician "
Are You Now Or Have You Ever Been A Member Of The Federalist Society?
The Judicial Conference Doesn't Want Judges to Be Members.
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The opinion, though, is not binding precedent, so the question whether anti-libel injunctions are unconstitutional prior restraints remains not fully settled.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.
