Does New Law Take Time to Become "Clearly Established"?
A fascinating question about qualified immunity law.
A fascinating question about qualified immunity law.
Good decisions in some cases, judicial nullification in some others.
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.
Apparently he was suffering from methanol poisoning his liver, and administering ethanol seems to make the methanol less harmful.
Desperate circumstances, deceptive edits, and the rule of orderliness.
Justice Sonia Sotomayor has some concerns.
A 5-4 decision, but not along the lines we usually expect.
Law reviews as venue for scholarship come under a lot of justified criticism, but at least the editors check the footnotes
A new ruling, and some (mostly critical) thoughts.
One judge grants a national injunction, another declines to
If no President is above the law, does that mean no President is above the FBI?
Sovereign immunity, absolute immunity, qualified immunity, and the agora of the digital age.
Bill about gun "sale" turns ordinary gun loans into felonies, bans handguns for young adults, and authorizes unlimited fees.
The link that Alex Berenson perceives between cannabis and violence is not apparent in careful research on the issue.
Episode 245 of the Cyberlaw Podcast
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."
A blind websurfer, an accidental No Fly List designation, and a threat-inducing photocopy.
New analysis finds that thousands more die every year because the law forbids purchase of the kidneys they need to survive.
A second cop in South Dakota is keeping his name concealed from the public after a fatal shooting.
The phrase has been used to promote bans on almost every type of gun.
Why I think there is standing: Think property, not privacy.
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.
The suspect's previous DUI arrests didn't even put him on ICE's radar.
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.
Tonal tightropes, regulatory time bombs, and a Southern soul music rivalry.
Judge O'Connor was wrong to conclude that two individuals who would prefer not to purchase health insurance had standing to challenge the law.
Almond milk, pee tests, and the Lorax doctrine.
The man behind the "Deportation Bus" said he wanted to round up criminals. Looks like he should have started with himself.
A national strategy for arresting sex buyers and letting local cops wiretap sex workers are among the approved changes.
Challenge to ban on interstate handgun sales would be a good vehicle.
Taxpayers shell out big time to keep poor folks who haven't even been convicted of crimes behind bars.
A court rejects a clever effort to obtain President Trump's tax records
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.
We continue the longstanding Volokh Conspiracy tradition of celebrating this ancient Roman holiday.
From my forthcoming book, The Digital Fourth Amendment.
Plus: Obamacare unconstitutional?
[Part of a continuing series of guest posts by Prof. Josh Blackman (South Texas College of Law). -EV]