Zombified
The first use of the term in a Supreme Court opinion, in today's concurrence by Justice Gorsuch in the administrative agency deference case.
Why the existing system violates due process.
An interesting set of line-ups in today's Supreme Court opinions
The Roberts Court still overturns prior precedent at a lower rate than its post-War predecessors.
Spy networks, cyberattacks, and the price we pay for civilization.
A meticulous re-enactment of the misbegotten prosecution of the Central Park Five gets a lot right.
The high court ruled that prosecutor Doug Evans violated Flowers' constitutional rights when Evans sought to keep African-Americans off of the jury.
A day of relatively small opinions from SCOTUS suggests big doctrinal developments may be on the horizon
People charged—but not convicted—of crimes often have to wait weeks to see a judge if they’re too poor to pay for their freedom.
Mike Chase, the man behind the popular @CrimeADay Twitter feed, on his new book, How to Become a Federal Criminal
State lawmakers reached across the aisle for a bipartisan push against capital punishment.
If only you could use parentheses in English the way you can in math or computer programming.
Words of wisdom from the Utah Supreme Court.
Litigation financing, campaign financing, and salmagundi.
The court upheld a $1000 fine imposed by state law on Presidential electors who refused to vote as the voters instructed.
While well-intentioned, the alert system is often ineffective.
I discuss with Nadine Strossen and Jacob Mchangama what the Internet has come to
The restriction was unconstitutionally content-based, the Eighth Circuit held, because it has an exception for flags "containing distinctive colors, patterns or symbols used as a symbol of a government or institution."
A debate over recognizing a pro-Israel student group reveals ignorance and antisemitism among Williams' students
Trumps two High Court nominees are jurisprudentially independent of one another.
Thoughts on a debate that will be held at the ALI Annual Meeting.
Episode 263 of the Cyberlaw Podcast
Drug traffickers' idol, a voice from the grave, and all decent people.
The US role in the ongoing war in Yemen violates the War Powers Act. Reasserting Congressional power here is vital to the more general purpose of ensuring legislative control over the initiation of war.
A new decision on sovereign immunity, and what it means for originalists.
From today's opinion by Justice Thomas, for the five more conservative members of the Court, in Franchise Tax Board v. Hyatt.
So holds a Louisiana Court of Appeal decision from last week.
An article by Stanford Prof. Michael McConnell.
The case showcases a laundry list of problematic behaviors on the part of the government
How could Barr have allowed Deputy AG Rosenstein to participate in evaluating an obstruction-of-justice case against the President when Rosenstein was a key participant in the possibly obstructive events, and would be a witness if a charge were brought?
Invading agricultural land, re-plowing the CFPB's structure, and solitary confinement.
In contrast, police killed nearly 1,000 people last year.
Episode 262 of the Cyberlaw Podcast
I e-mailed the restaurant management when I saw it several months ago; they apologized, and I haven't seen the problem recur.