Crime
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.
Baltimore Mayor Says Men in White Vans Are Snatching Young Girls for Sex Trafficking
"It's all over Facebook."
Crowd-Checking Forthcoming Amicus Brief on the Solicitation Exception in U.S. v. Sineneng-Smith
I need to send this brief to the printer tomorrow, but I'd love to have any feedback today on how it can be improved or corrected.
Criminal Defendant Must Write and Post Essay on Respect for Judiciary, and Delete Any Negative Comments Posted on that Essay
as a condition of having his criminal contempt sentence suspended. OK, says a North Carolina Court of Appeals opinion, though one judge dissents.
"Broke Ass Phone" Wins Right to Have Commercial Sign With Its Name
"Postpositive," not posterior.
Overview of Oral Arguments in NYS Rifle and Pistol Association v. City of New York
The Court will likely dismiss the case as moot. But how? Through a quick, unsigned DIG? Or through a signed, divided opinion in June?
The "Right to be Forgotten" doubles back and shoots the shark
Episode 290 of the Cyberlaw Podcast
"A Breach of the EU Directive Against Egregious Cliché Embodiment"
(The quote is from October Man, a splendid fantasy novella by Ben Aaronovitch, but it seemed so appropriate here.)
Short Circuit: A Roundup of Recent Federal Court Decisions
A pizza shop vandal, FOIA/RICO/1A, and the Case of the Polite Bank Robber.
Would a Senate acquittal moot some of the impeachment-related subpoena cases?
In theory, at least, the House could continue to investigate possible impeachment proceedings indefinitely, even after an acquittal
Don't Forget about Turkey
This isn't a Thanksgiving post, but about those other conflicts-of-interest the President seems to have.
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).
