Kavanaugh v. Gorsuch - Part Deux
Trumps two High Court nominees are jurisprudentially independent of one another.
Crime
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.
Hate Speech on Social Media
Facebook bans Farrakhan, Yiannopoulos, and others, and come watch me talk about hate speech on social media at NYU
Does Judge Robert Pitman's Opinion Enjoining Texas's anti-BDS Law Stand Up to Scrutiny?
Short answer: no, not even close
Save Stanford University Press
Stanford may be about to seriously damage one of the world's leading academic publishers, for what seem like very small budgetary savings.
National injunctions and equitable mootness
The Ninth Circuit orders briefing on whether one national injunction moots another
Circuit Split on Whether Autoerotic Asphyxiation = "Intentionally Self-Inflicted Injury"
And yet despite the split, I doubt that the Supreme Court would agree to take the case.
Planned Lone-Wolf (?) Jihadist Attack in L.A. Thwarted
"Domingo discussed with the [confidential informant] different targets for an attack, including Jews, police officers, churches, and a military facility."
Might Maui v. Hawaii Wildlife Fund Disappear?
A major environmental case might settle before the Supreme Court has the chance to review it.
'Some People Might Say That Ricky Fell Through a Crack in the System. This Is Not a Crack. This Is the System.'
Over 23 years ago Missouri’s criminal justice system failed a man charged with murder. This week he’s looking at his last best chance at freedom.
Return of the Reefer-Crazed Killer
"The black tide of psychosis and the red tide of violence are rising together on a green wave."
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.
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.
