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."
Crime
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!
What Does the Constitution Say About House Impeachment Proceedings
Short Answer: Essentially nothing
Of loose cannons and loose canons in Title VII
At oral argument yesterday, Judge Richard Posner took heat from all sides
Is Mass Incarceration Inevitable? Part 3. What About Violent Crime?
Are we prepared to be more lenient with violent criminals?
Study Finds Marijuana Legalization Had Little Impact on Crime in Colorado or Washington
A comparison with other states finds "no statistically significant long-term effects" on violent or property crime rates.
Oyez! Oyez! Oyez! The October Term 2020 of FantasySCOTUS is now in session
Predict all of the biggest cases at the Supreme Court
Is Mass Incarceration Inevitable? Part 2. Much Smaller is Still Very Large
Measuring the size of the problem and the solution.
When will the European Union order Twitter to silence President Trump?
Episode 282 of the Cyberlaw Podcast
The New York Times Says 'Free Speech Is Killing Us.' But Violent Crime Is Lower Than Ever.
The 2018 Uniform Crime Report contained bad news for pessimists but good news for everybody else.
In Today's America, Everybody Who Disagrees With You Is a Traitor
Throwing the word treason around, unmoored from its actual meaning, is a weapon for delegitimizing political opposition and dissent.
Trump's Civil War Tweet Is Bad. This Other Tweet May Be Unconstitutional.
Plus: newspapers vs. Google, The Federalist vs. the National Labor Relations Board, and more...
