New Jersey Is Keeping More and More People Out of Jail, and That's Great
New Jersey is detaining almost half as many people pretrial, and the state is not seeing a big crime wave.
Crime
Florida Cases Restoke Chinese Conspiracy Fears
Yujing Zhang, Cindy Yang, and prostitution busts at Chinese spas have planted the seeds for new conspiratorial corruption narratives to bloom.
Short Circuit: A Roundup of Recent Federal Court Decisions
It wasn't about what was fair, it wasn't about what was honest, it was about winning.
Cooley Judicial Lecture: Respecting Local Control: State Law in the Federal System
Come hear Judge Joan Larsen give inaugural Cooley Judicial Lecture at Georgetown Law; See Cooley Book Prize awarded to Richard Fallon
Justice Department Revises Its Position in Texas ACA Case
The Trump Administration has decided that the Affordable Care Act should be voided in its entirety.
Vox Symposium on Attorney General Barr's Summary of the Mueller Report
Fifteen legal scholars weigh in, including the VC's own Keith Whittington, and myself.
First Impressions on the Mueller Investigation
The attorney general has released his summary of the report. Let the games begin.
Short Circuit: A Roundup of Recent Federal Court Decisions
Electron microscopy, therapeutic insoles, and (allegedly) thieving police.
Fourth Circuit Deepens the Split on Accessing Opened E-Mails
Courts have been struggling with this issue for years, and now the law is even more divided than before.
Dangers of Growing Support for Court-Packing
There is growing support for packing the Supreme Court among liberal Democrats, including some presidential candidates. It's a terrible idea that would severely damage the institution of judicial review, if ever implemented. Thoughtful liberals would do well to reject it.
New Cert Petition: Does the Fourth Amendment Allow "Information Seeking" Stops of Suspects?
I blogged about this case last year, and now I've filed a cert petition in the case.
Imitation is the sincerest form of flattery
Episode 255 of the Cyberlaw Podcast: Russia and China revamp their military technologies
Emory Academic Freedom/Free Speech on Campus conference this week (3/21-3/23): CLE credit available
All are welcome to this week's conference at the Emory Conference Center in Atlanta, Ga., with a selection of nationwide experts on the First Amendment, free speech, academic freedom, and university policies, from both the academic side and the student-affairs professional side.
Does the Constitution Require Unanimous Jury Verdicts in Criminal Cases?
In 1972, a 4-1-4 Supreme Court decision said "yes" in federal cases, no in state cases; the Supreme Court will now reconsider it.
Sam Bray receives Story (Bator) Award
for excellence in scholarship, teaching, and public impact.
Short Circuit: A Roundup of Recent Federal Court Decisions
A police schism, a profanity-laced raid, and Mustangs over Berlin.
SCOTUS Still Won't Allow TV Cameras -- But What About Same-Day Audio
The Court has released same-day audio of oral arguments before. Why can't it be a regular practice?
Against (Most) Antitrust Law
The economic benefits of antitrust likely are not worth the costs.
In Defense of the Status Quo
The still-salient case for a biologically-based women's category in elite sport.
On the Biology of Sex, Sex Differentiation, and the Performance Gap
Yes, it is all about testosterone.
The ACLU's Shameful Role in Promoting Antisemitism
By falsely portraying state anti-BDS laws as requiring "loyalty oaths," the ACLU is appealing to latent and blatant antisemitism.
Short Circuit: A Roundup of Recent Federal Court Decisions
Salt storage, unspeedy trials, and cop-on-cop crime.
Georgia Universities Entitled to Reject Illegal Alien Applicants (Including DACA Recipients)
So holds the Eleventh Circuit, I think quite correctly.
Scalia Law School Receives $50 Million-plus gift
A transformative gift from the estate of the late Judge Allison M. Rouse and Mrs. Dorothy B. Rouse
James Madison on Abuse and Usurpation
An essential distinction for understanding problems vexing the constitutional order
The Executive Power Was an Empty Vessel
The three functions of a "complete" government. [UPDATE: This is Julian Mortenson's post, but I erroneously posted it at first under my own byline -- sorry about that!]
Considering the Law and Politics of Presidential Impeachments
Constitutional Lawyers are Helpful, but Impeachments Require Politics in the Highest Sense
The Executive Power Is the Power to Execute the Laws
Sometimes simplest is best. [UPDATE: This is Julian Mortenson's post, but I erroneously posted it at first under my own byline -- sorry about that!]
