What the Declaration of Independence Said and Meant
It officially adopted the political theory of the United States: securing the individual rights of We the People
Crime
Drunk Driving, Blood Draws, and the Fourth Amendment After Mitchell v. Wisconsin
The Supreme Court deals with the unconscious driver.
The FBI Hopes These Cute Puppies Will Distract You From Unconstitutional Civil Asset Forfeitures
Surrender the Fifth Amendment or the dog dies.
Questioning the Political Question Doctrine
The Supreme Court has used this doctrine for many years, including in the recent gerrymandering decision. But it still doesn't actually make any sense.
Short Circuit: A Roundup of Recent Federal Court Decisions
Citations to nowhere, satanic cardigans, and untested rape kits.
Can Federal Partisan Gerrymandering Claims be Brought in State Court?
A strange ambiguity about yesterday's decision in Rucho v. Common Cause
Enumerated Powers and the Census Case
The Supreme Court was right to rule that the administration's rationale for adding a question about citizenship to the Census was bogus. But it would have done better to rule that inclusion of the question was beyond the scope of the federal government's enumerated powers.
Final Decisions of SCOTUS Term Produce an Overton Park for the Twenty-First Century
Chief Justice Roberts' irked both Left and Right with his Census decision - encapsulating what we saw the entire SCOTUS term.
"(Un)Civil Denaturalization" in Print in NYU Law Review
Why the existing system violates due process.
The Kagan-Gorsuch Axis and Kavanaugh v. Gorsuch - Chapter III
An interesting set of line-ups in today's Supreme Court opinions
Is This Still the Stare Decisis Court?
The Roberts Court still overturns prior precedent at a lower rate than its post-War predecessors.
Short Circuit: A Roundup of Recent Federal Court Decisions
Spy networks, cyberattacks, and the price we pay for civilization.
When They See Us Is Compelling Storytelling, but Not All Rings True
A meticulous re-enactment of the misbegotten prosecution of the Central Park Five gets a lot right.
Supreme Court Rules in Favor of Curtis Flowers, Man Tried 6 Times for Same Crime
The high court ruled that prosecutor Doug Evans violated Flowers' constitutional rights when Evans sought to keep African-Americans off of the jury.
Of Crosses, Deference and Delegation
A day of relatively small opinions from SCOTUS suggests big doctrinal developments may be on the horizon
St. Louis Ordered to Stop Keeping People Imprisoned Just Because They Cannot Afford Bail
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.
You Can Get 5 Years in Prison for Selling Llama Poop, and Other Ludicrous Laws
Mike Chase, the man behind the popular @CrimeADay Twitter feed, on his new book, How to Become a Federal Criminal
New Hampshire Just Abolished the Death Penalty
State lawmakers reached across the aisle for a bipartisan push against capital punishment.
"House Murders Accused Mother in Court"
If only you could use parentheses in English the way you can in math or computer programming.
"It Is an Immutable and Universal Rule That Judges Are Not as Funny as They Think They Are"
Words of wisdom from the Utah Supreme Court.
Short Circuit: A Roundup of Recent Federal Court Decisions
Litigation financing, campaign financing, and salmagundi.
State May Punish "Faithless Electors," Wash. Sup. Ct. Rules
The court upheld a $1000 fine imposed by state law on Presidential electors who refused to vote as the voters instructed.
An Amber Alert Was Botched Because Detectives Struggled To Work a Fax Machine. Wait, What?
While well-intentioned, the alert system is often ineffective.
Video of NYU Panel on Hate Speech on Social Media
I discuss with Nadine Strossen and Jacob Mchangama what the Internet has come to
Restriction on Signs on Residential Property Violates First Amendment
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."
Holocaust Revisionism at Williams College
A debate over recognizing a pro-Israel student group reveals ignorance and antisemitism among Williams' students
Kavanaugh v. Gorsuch - Part Deux
Trumps two High Court nominees are jurisprudentially independent of one another.
Why I'm Lukewarm on the ALI's "Principles of the Law: Policing"
Thoughts on a debate that will be held at the ALI Annual Meeting.
The Intercept -- now running a close second to the FBI in sending leakers to jail!
Episode 263 of the Cyberlaw Podcast
Short Circuit: A Roundup of Recent Federal Court Decisions
Drug traffickers' idol, a voice from the grave, and all decent people.
Yemen, Iran, and the War Powers Act
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.
Hyatt, the Constitution, and the Common Law
A new decision on sovereign immunity, and what it means for originalists.
Supreme Court Majority Speaks Against "Ahistorical Literalism"
From today's opinion by Justice Thomas, for the five more conservative members of the Court, in Franchise Tax Board v. Hyatt.
