The Kagan-Gorsuch Axis and Kavanaugh v. Gorsuch - Chapter III
An interesting set of line-ups in today's Supreme Court opinions
Crime
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.
Constitution Requires Judge to Recuse When Her Campaign Ad Expressly Condemned Law Firm
So holds a Louisiana Court of Appeal decision from last week.
"William Barr vs. Eric Holder: A Tale of Two Attorneys General"
An article by Stanford Prof. Michael McConnell.
Government Loses Denaturalization Case in U.S. v. Malik
The case showcases a laundry list of problematic behaviors on the part of the government
A Question Barr Flubbed Badly
How could Barr have allowed Deputy AG Rosenstein to participate in evaluating an obstruction-of-justice case against the President when Rosenstein was a key participant in the possibly obstructive events, and would be a witness if a charge were brought?
Short Circuit: A Roundup of Recent Federal Court Decisions
Invading agricultural land, re-plowing the CFPB's structure, and solitary confinement.
In 2018, 55 U.S. Law Enforcement Officers Were Killed by Attackers
In contrast, police killed nearly 1,000 people last year.
Udderly indefensible facial recognition scandal may drive new privacy mooovement
Episode 262 of the Cyberlaw Podcast
Spotted at a Neighborhood Restaurant
I e-mailed the restaurant management when I saw it several months ago; they apologized, and I haven't seen the problem recur.
Short Circuit: A Roundup of Recent Federal Court Opinions
The Punisher, compelled self-incrimination, and a unicorn amongst unicorns.
