Very Broad Laws Offend Due Process
Repurposing "fair notice" principles to tackle an important aspect of overcriminalization.
Repurposing "fair notice" principles to tackle an important aspect of overcriminalization.
An interesting case applying the private search reconstruction doctrine.
MacGyver, Rumpelstiltskin, and a whole bunch of attorneys behaving badly.
I agree with Glenn Reynolds (InstaPundit) -- this is indeed the best headline I've seen all the week.
For the second time this week, a federal court has rejected the EPA's effort to delay an Obama Administration rule.
An important ruling in the wake of Carpenter v. United States.
The Trump Administration faces another legal setback in its effort to reform federal environmental regulation.
A fun article by Jeff Breinholt, describing how judges (and which judges) have been citing rock lyrics.
GMU, another school well-represented on the blog, is #19, well above its U.S. News ranking.
A very interesting post by Ted Folkman (Letters Blogatory).
Reviews in New Blackfriars and the Journal of Northwest Semitic Languages
Prolonged hostilities, threatening to complain about the police, and officers who don't turn on their recording equipment.
A conversation with Nancy Rommelmann about her new true crime book, To the Bridge
Does the rise of data-driven authorship change our intuitions about intellectual property? Does it matter?
"The articles of impeachment charge Chief Justice Margaret Workman and Justices Robin Davis, Allen Loughry and Beth Walker with maladministration, corruption, incompetency, neglect of duty and certain high crimes." (The fifth Justice has already resigned.)
What does the rise of data-driven authorship mean for the future of art, culture, and intellectual property rights?
Title VI is not a disparate impact statute, and executive agencies do not have the authority to transform it into one through rulemaking.
The undisputed emperor of online adult entertainment, Mindgeek is a master at gathering and using data to structure and produce content.
I'm trying to put on a 2L/3L short writing competition -- just a week, for a short brief based on a short problem.
A 2016 Ohio appellate case I recently came across.
William Goldman famously said about Hollywood that "nobody knows anything." But thanks to streaming and the data it produces, Netflix knows a lot.
The Koch-Trump feud is just part of the conspiracy to amend the Constitution in talk show host Mark Levin's image.
Also known as the "Second Digital Disruption."
For the third time in the last three weeks, I've noticed federal court documents that were supposed to be filed sealed but weren't. UPDATE (Monday, Aug. 6): Just came across a fourth instance, in a state trial court.
Grenades, machine guns, 3D printed guns, a tranquilizer gun, machetes, duct tape, and a long blonde wig.
[I'm delighted that Profs. Josh Blackman and Seth Barrett Tillman, have passed along this response to the recent decision in the Emoluments Clause litigation against President Trump; naturally, I'd be delighted to post a response in turn from their adversaries. -EV]
A new study finds evidence that they do.
When do we decide that Trump's contempt for the law has crossed the line?
Motives matter under the law. So what was the College of Charleston's motive for its sudden change?
Noted appellate attorney Lisa Blatt on why she supports the confirmation of Brett Kavanaugh, and shows how we should evaluate judicial nominees from the other side of the aisle.
That's what a New Jersey appellate court seems to have created, based on the theory that a criminal's coworkers somehow have a special duty to the victim -- even when the crime has nothing at all to do with the job.
On the periphery of the periphery, Coloradans energetically exercised their inherent rights of sovereignty and self-government.
A new proposal to give Democrats additional Supreme Court appointments by temporarily increasing the size of the Supreme Court would cause much the same problems as conventional court-packing would.
Episode 228 of the Cyberlaw Podcast
"The Attendees allege the Officers shepherded them into a violent crowd of protesters and actively prevented them from reaching safety. The Officers continued to implement this plan even while witnessing the violence firsthand, and even though they knew the mob had attacked Trump supporters at the Convention Center earlier that evening."
Says private discussions and Kavanaugh's strong record eased his concerns about the 4th Amendment
Cop calls that supposedly show the trouble caused by dispensaries mostly had nothing to do with dispensaries.
Justice Kennedy's retirement will have a significant impact on the Roberts Court beyond its ideological makeup.
A Politico symposium offers assessments by a wide range of legal scholars and commentators. And I offer some additional thoughts of my own.