Short Circuit: A Roundup of Recent Federal Court Decisions
Open fields, tight handcuffs, and mass shootings.
Crime
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
Maui Mayor Won't Settle Clean Water Act Case
Efforts to take Maui v. Hawaii Wildlife Fund off the Supreme Court's docket hit a snag.
Jesus Told Me the Answer
The question was, "Why is Jesus a common name in some Spanish-language cultures, but not other Christian cultures"?
Short Circuit: A Roundup of Recent Federal Court Decisions
Golf swingers, a gangrenous finger, and the ancient concept of "frolic."
Who Is, and Is Not, On the Demand Justice #SCOTUS (Not-So) Shortlist?
Omitting all "partners at corporate law firms" excludes most judges from Hillary Clinton's hypothetical shortlist
"Let Us Restore to Social Intercourse …
that harmony and affection without which liberty and even life itself are but dreary things."
The legal-historical amnesia of using tax exemptions to punish political beliefs
A tool for viewpoint discrimination has an anti-LGBT history, too
Short Circuit: A Roundup of Recent Federal Court Decisions
A spate of bad lawyering, a spate of congressional subpoenas, and finding love in prison.
More in the "Copyright Troll" Saga
"This judge joins the chorus of those telling this attorney [Richard P. Liebowitz] to clean up his act."
Everything Old Is New Again: Targeting Pro-Revolutionary Advocacy in 1952, Opposition to Gay Marriage in 2019
Beto O'Rourke channels the past.
Homosexuality, Illegal Alien Status, Church Attendance, and Child Custody in Mississippi
An interesting Mississippi Supreme Court opinion.
Are Criminal Sexual Misconduct Claims Matters of "Public Concern" for Libel Law Purposes …
... even if the statute of limitations has run? A new Texas case, Crews v. Galvan, says yes.
Is Mass Incarceration Inevitable? Part 5. The Role of Prosecutors
Long term change in incarceration rates will be hard without prosecutorial buy-in.
"The Hidden Nazi: The Untold Story of America's Deal with the Devil"
An intriguing new book from Dean Reuter, Colm Lowery, and Keith Chester
Is Mass Incarceration Inevitable? Part 4. Show Me the Money
The financial savings of prison and jail reduction may be less than expected.
"An Introduction to Constitutional Law" is back in Stock on Amazon
My new book with Randy Barnett had been sold out since its release date!
