Short Circuit: A Roundup of Recent Federal Court Decisions
Homeless sweeps, flirty fun, and a DeLorean dustup.
Crime
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).
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
