Does New Law Take Time to Become "Clearly Established"?
A fascinating question about qualified immunity law.
Crime
Federal Circuits and the Second Amendment in 2018
Good decisions in some cases, judicial nullification in some others.
When Asking for Amicus Briefs, Give Plenty of Lead Time
Parties sometimes wait until their brief is filed before asking for an amicus brief -- but that usually leaves just days or at most a few weeks for the amicus to write the brief.
"Doctors Saved Man's Life by Pumping 15 Cans of Beer Into His Body"
Apparently he was suffering from methanol poisoning his liver, and administering ethanol seems to make the methanol less harmful.
Short Circuit: A Roundup of Recent Federal Court Decisions
Desperate circumstances, deceptive edits, and the rule of orderliness.
Did SCOTUS Just Rule That Pickpocketing Is a 'Violent Felony'?
Justice Sonia Sotomayor has some concerns.
The Supreme Court's First Divided Opinion of the Term
A 5-4 decision, but not along the lines we usually expect.
At Least One Cheer for Law Reviews
Law reviews as venue for scholarship come under a lot of justified criticism, but at least the editors check the footnotes
Search Warrants and Compelled Biometric Access to Phones
A new ruling, and some (mostly critical) thoughts.
Today the National Injunction Batted .500
One judge grants a national injunction, another declines to
Why the FBI's counterintelligence probe of President Trump should be investigated
If no President is above the law, does that mean no President is above the FBI?
Short Circuit: A Roundup of Recent Federal Court Decisions
Sovereign immunity, absolute immunity, qualified immunity, and the agora of the digital age.
Textual analysis of HR8, bill to "To require a background check for every firearm sale"
Bill about gun "sale" turns ordinary gun loans into felonies, bans handguns for young adults, and authorizes unlimited fees.
Does Legalizing Marijuana Cause 'Sharp Increases in Murders and Aggravated Assaults'?
The link that Alex Berenson perceives between cannabis and violence is not apparent in careful research on the issue.
"Pay no attention to the guns, the flashbang, and the handcuffs. You're free to go at any time."
Episode 245 of the Cyberlaw Podcast
Disgraceful!
The National Association of Scholars is sponsoring a conference this upcoming weekend at Chapman University in Orange County, California on "disgrace as a tactic of the progressive left, and the real disgrace that falls on colleges and universities that countenance such tactics."
Short Circuit: A Roundup of Recent Federal Court Decisions
A blind websurfer, an accidental No Fly List designation, and a threat-inducing photocopy.
Laws Banning Organ Markets Kill Even More People than Previously Thought
New analysis finds that thousands more die every year because the law forbids purchase of the kidneys they need to survive.
Are We About to See a Wave of Police Using 'Victim's Rights' Laws to Keep Conduct Secret?
A second cop in South Dakota is keeping his name concealed from the public after a fatal shooting.
The Ever-Shifting Definition of "Assault Weapons"
The phrase has been used to promote bans on almost every type of gun.
Article III Standing in Frank v. Gaos
Why I think there is standing: Think property, not privacy.
Trump's Syria Withdrawal Does Nothing to Restore Constitutional Limits on Presidential War Powers
While the Syria intervention lacked proper congressional authorization, constitutional considerations had nothing to do with Trump's withdrawal decision. Indeed, his administration has doubled down on Obama-era arguments asserting broad presidential authority to initiate military interventions.
Sanctuary Cities Aren't to Blame for Killing of California Cop
The suspect's previous DUI arrests didn't even put him on ICE's radar.
Court Stays Ruling Invalidating the Affordable Care Act Pending Appeal
In the midst of the holidays, Judge O'Connor paves the way for an appeal of his decision concluding all of the ACA is unlawful, while further demonstrating the weakness of his initial decision.
Short Circuit: A Roundup of Recent Federal Court Decisions
Tonal tightropes, regulatory time bombs, and a Southern soul music rivalry.
Understanding Why Judge O'Connor Was Wrong to Conclude Plaintiffs Had Standing to Challenge the Penalty-Less Individual Mandate
Judge O'Connor was wrong to conclude that two individuals who would prefer not to purchase health insurance had standing to challenge the law.
Short Circuit: A Roundup of Recent Federal Court Decisions
Almond milk, pee tests, and the Lorax doctrine.
A Law and Order Candidate Is Indicted for Committing a Crime
The man behind the "Deportation Bus" said he wanted to round up criminals. Looks like he should have started with himself.
Congress Ramps Up War on Sex Workers and Their Customers With Secret Votes on Four New 'Protection' Laws
A national strategy for arresting sex buyers and letting local cops wiretap sex workers are among the approved changes.
Supreme Court Should Clarify Second Amendment Test
Challenge to ban on interstate handgun sales would be a good vehicle.
Report: Imprisoning People Who Can't Pay Bail Costs America $15 Billion a Year
Taxpayers shell out big time to keep poor folks who haven't even been convicted of crimes behind bars.
You Can't Use FOIA to Get Someone's Tax Returns
A court rejects a clever effort to obtain President Trump's tax records
Everyone is Misreporting the Texas BDS Lawsuit
No, a Texas school district did not require speech pathologist Bahia Amawi to sign a "pro-Israel oath," nor even to promise not to personally boycott Israel.
Happy Saturnalia!
We continue the longstanding Volokh Conspiracy tradition of celebrating this ancient Roman holiday.
New Draft Article: "Implementing Carpenter"
From my forthcoming book, The Digital Fourth Amendment.
Sex Workers Around the World Demand Decriminalization: Reason Roundup
Plus: Obamacare unconstitutional?
Understanding the New Obamacare Decision, Texas v. United States: Part II
[Part of a continuing series of guest posts by Prof. Josh Blackman (South Texas College of Law). -EV]
