Hate Crime Motivation Enhancement in Illegal Gun Possession Case?
An interesting federal government argument, in a case pending in D.C. (U.S. v. Calloway).
Crime
Equity, equity--the new edition of Ames, Chafee, and Re
The remedies casebook with a systematic presentation of equity
Has there been a leak from the Supreme Court in Bostock?
Is Justice Gorsuch going to vote with Justice Kagan?
What happens if the Chief Justice cannot serve at the Presidential impeachment trial?
Walter Nixon v. U.S. left open whether this question, which is not "weird," was justiciable
Justice Kavanaugh: There is Already a Nondelegation/"Major Question" Case on the Court's Docket
The DACA cases squarely present the question of whether Congress delegated the authority to resolve such a major question about immigration policy
State Constitutions, Text, and Implicit Repeal
An interesting New York constitutional interpretation case, involving a state constitutional right to collective bargaining.
Recommendations to Improve the Supreme Court Bar Line
In the short-term, lawyers on the bar line should receive numbered, reserved tickets. In the long-term, the Court should create a lottery for the bar line.
What is the difference between firing tenured professors and removing them from required classes?
Professors Amy Wax and Eric Rasmusen were both prohibited from teaching required classes
Short Circuit: A Roundup of Recent Federal Court Decisions
The Fight of the Century, Moloch worship, and a mountain of contempt sanctions.
"Dueling Platform Policies and Free Speech Online"
A National Constitution Center podcast with Prof. Ellen Goodman (Rutgers) and me.
My Experience on the Supreme Court Bar Line for the DACA Case
I arrived at 3:11 a.m., and almost did not make it into the Court
Another MA Case About Encouragement to Commit Suicide
Prosecutors charging Boston College student's girlfriend with involuntary manslaughter
As Ben Franklin almost said, a throuple can keep a secret – if a couple of them are dead
Episode 284 of the Cyberlaw Podcast
What are the cases in the Constitutional Canon?
We surveyed twelve of the leading constitutional law casebooks
Short Circuit: A Roundup of Recent Federal Court Decisions
Open fields, tight handcuffs, and mass shootings.
Free speech and LGBT rights
Almost a century ago, just as the modern First Amendment was born, a little-known gay-rights organization in Chicago emerged from its closet blinking into the daylight
An 8-Year-Old Girl Says She Was Almost Kidnapped. Media and Parents Freaked Out. It Was a Hoax.
Two days later, the cops figured out the story was make believe.
The Fifth Avenue Immunity
Can a State Investigate Alleged Criminal Wrongdoing Involving a Sitting President?
"Explaining Criminal Sanctions in Intellectual Property Law" Symposium Piece Out
Penn's IP journal makes its launch
George Washington and the Emoluments Clauses
The Practices of our First President Suggest That President Trump is not violating the Foreign and Domestic Emoluments Clauses
Is intelligence "reform" a self-licking ice cream cone and compliance trap?
Episode 283 of the Cyberlaw Podcast
Severability Doctrine in the Fifth Circuit
At least two judges favor Justice Thomas's approach to severability
Can a federal agency's policy pre-empt state law?
Justices Thomas and Gorusch write that an executive-branch policy is not "'Law' for purposes of the Supremacy Clause."
All Courts Should Abolish the Need for Amici to Seek Leave of the Parties
And pro hac vice fees should be waived for counsel representing amici pro bono
