North Carolina Court Deepens Split on Private Searches of Digital Evidence
An important Fourth Amendment issue that may be headed to the U.S. Supreme Court.
Crime
States May Not Cancel Votes of "Faithless" Presidential Electors
So a Tenth Circuit panel held yesterday.
The Fifth Circuit Divides on Qualified Immunity, and Originalism
Judges Ho and Oldham: "Originalism for plaintiffs, but not for police officers, is not principled judging. Originalism for me, but not for thee, is not originalism at all."
My Review of an Important New Book on the Supreme Court's Impact on American Federalism
The book by political scientist Michael Dichio argues that the Court has done more to promote centralization than protect states, and is the most thorough analysis to date, of this longstanding issue..
Lawsuit Against Rappers for Attack by Their Employees in Sneaker Store
The defendants are "Stunna 4 Vegas" and "Dababy"-run company Billion Dollar Baby Entertainment, LLC.
Short Circuit: A Roundup of Recent Federal Court Decisions
A fake university, safe and sanitary conditions, and old school equal protection.
Today Is the 95th Anniversary of Playwright Robert Bolt's Birth
His stage and screen plays are worth taking a look at.
James Alan Fox: There Is No Evidence of an 'Epidemic of Mass Shootings'
The nation's leading scholar of mass shootings explains how media coverage of horrific events such as El Paso and Dayton stoke unwarranted fear and anxiety.
Attorney General Barr Does Not Approve of Your Kinder, Gentler Elected District Attorneys
In a speech to police, Barr called for citizens to shut up and do what officers tell them to.
Can Excluding Someone from a Town Be a Proper Remedy in a Libel/Harassment Case?
Yes, said the New Hampshire Supreme Court; is that right?
Deprivation of Voting Rights as a Collateral Consequence of a Felony Conviction
The U.S. Commission on Civil Rights is right to be concerned about the excessive number of collateral consequences attending a felony conviction, but its implicit suggestion that the deprivation of voting rights is the one most urgently in need of reform is … well … quirky at best.
A New Law Would Criminalize Throwing Water on NYPD Officers
It's not politicians' fault that citizens don't respect them.
Attorney General Barr Orders the Federal Government To Start Executing Prisoners Again
After two decades of mercy, the Justice Department announces five men on federal death row will face lethal injections this winter.
Ted Cruz Wants Antifa Investigated by the FBI
This is a bad idea—and even the director of the FBI says so.
Child Sex Trafficking Prosecutions Down Under Trump
For the second year in a row, federal prosecutions for sex trafficking of children have dropped.
Are Young American Jews as Left-leaning as the Media Suggests?
Surprisingly, according to a recent survey Jews ages 18-30 are signifcantly more supportive of Donald Trump than are older Jews
Short Circuit: A Roundup of Recent Federal Court Decisions
Juvenile mug shots, privacy for reality show stars, and aggressing a police car.
The Property-in-Property Problem in Fourth Amendment Law
A tale of two new cases on your constitutional rights when you leave your backpack with your drugs in someone else's car.
Corpus Linguistics in Court?
Two Sixth Circuit judges debate the issue, in an opinion filed today.
Malcolm Gladwell Took the LSAT. But What Did We Learn?
Thoughts on Gladwell's recent podcast on legal education.
Judge Blocks DOJ's Attempt to Switch Lawyers in the Census Citizenship Question Case
The DOJ's attempt to introduce an entirely new team of lawyers to work on the citizenship question case is rejected - correctly - by the SDNY.
Government-Run Fora on Private Platforms, in the @RealDonaldTrump User Blocking Controversy
Whether the First Amendment applies generally turns on who is imposing a restriction (the government vs. a private party), not on whether the speech is on public or private property.
California Lawmakers Pass Bill Limiting Police Use of Deadly Force
Officers will now have to argue that killing was necessary and not just say they had a fear they were in danger.
Is social media a disease, and how do we treat it?
Episode 271 of the Cyberlaw Podcast with Glenn Reynolds
On the Eve of Oral Argument in Texas v. U.S.
A quick round up and response to Josh Blackman and Randy Barnett
U.S. Citizens Are at Risk of Detention and Deportation
Increased immigration enforcement at times sweeps in Americans
My Concluding Thoughts on Severability in Texas v. U.S.
Severability doctrine & the ACA findings seem to support Judge O'Connor's ruling
The Law of the Ice Cream Tub Licker
Licking an ice cream tub in a supermarket and putting it back -- is that second-degree felony "tampering with consumer product" in Texas?
Short Circuit: A Roundup of Recent Federal Court Decisions
Cell phone radiation, bikini baristas, and an onslaught of horribles.
She Told Him to Kill Himself. He Did. Should She Be Held Responsible?
HBO documentary explores teen’s culpability in boyfriend’s suicide.
Are Con Law Professors Wrong Again About the Individual Mandate?
The state AG's current challenge to Obamacare is stronger than they say
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
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.
