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
Crime
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"
New York Is Ringing In the New Year With Major Criminal Justice Reforms
Less dependence on bail and stronger requirements for evidence sharing will help defendants fight charges.
A 15-Year Sentence for Burning a Stolen Gay Pride Flag Is Not Justice
Hate crime enhancements meet three-strikes laws, and the consequences are terrible.
16-Year-Old Girl Admits Her Kidnapping Was a Hoax to Fool 'Overprotective' Mom
Stranger abductions are actually extremely rare.
Police Union Chief Claims That Lax Marijuana Enforcement Killed a College Freshman
Tessa Majors may have been on way to buy illegal pot when she was stabbed to death. But if that's true, it's an argument against prohibition, not for it.
Father Sues His 8- and 10-Year-Old Daughters for Slander
Be good, boys and girls, or we'll sue you, too.
Exploring Alleged Lawyer Falsehoods in Mediation Proceedings
"The public—including other litigants—and other judges who may come into contact with [Richard] Liebowitz, a frequent litigant in this District, have an interest in the Court's determination of the veracity of these representations."
The New York Times Continues to Misreport the Trump Executive Order on Antisemitism
Once can be an honest mistake; now it looks intentional
The New York Times Misreported Trump's Executive Order on Antisemitism
No, the order does not "interpret Judaism as a nationality"
"Social Media Influencer Sentenced to 14 Years … After Plotting to Hijack Internet Domain
And this isn't "hijacking" in some virtual sense. (Computer crime—you're doing it wrong.)
About those "Trump Judges"
While political attention is focused on impeachment, the Senate continues to confirm judicial nominees
Amnesty International Canada Questions Freedom of Speech and Assembly
An extraordinary letter from Amnesty Canada suggests that public universities shouldn't allow pro-Israel events to proceed
My new essay in the Atlantic on the Articles of Impeachment
The House included "abuse of power" and "obstruction of congress," but excluded articles on the Emoluments Clauses, "bribery," and "obstruction of Justice"
Justice Thomas Beats Out Justice Ginsburg for First Signed Opinion of OT 2019
The Notorious RBG is a notoriously quick opinion writer, but not this year.
Impeachment for Corrupt Schemes: A Response to Josh Blackman
I couldn't disagree more with my friend Josh Blackman. Here's why.
Will Chief Justice Roberts miss any Court time during a Senate impeachment trial?
Probably not, because according to Senate rules, proceedings will likely begin at 1:00 p.m.
The Scripted Impeachment Proceedings
Everything is rehearsed, including how "how to swiftly dispatch with parliamentary disruptions from Republicans"
Virginia Legislature to Repeal the Racial Integrity Act of 1924
Loving v. Virginia did not "strike down" Virginia's ban on interracial marriage
Short Circuit: A Roundup of Recent Federal Court Decisions
Homeless sweeps, flirty fun, and a DeLorean dustup.
New on Lawfare: Defining a Theory of 'Bribery' for Impeachment
Where one public official act is traded for another public official act, there has not been any illegal conduct.
California Court of Appeal decides Vaquero, an interesting private-delegation case
Banzai! Can surface rights owners control the rights of those who own the mineral rights underneath? In this case, yes.
