Has There Been a Surge of Anti-Semitism Under and Because of Trump?
In short, probably not. And about that ADL study everyone is citing...
Crime
Short Circuit: A Roundup of Recent Federal Court Decisions
Weeds, word counts, and would-be blood donors.
Claire McCaskill -- "Not One of Those Crazy Democrats"
What seems to be a real radio ad put out by the McCaskill campaign.
"How Fortunate I Feel to Be an American and to Have Been Presented with the Remarkable Opportunities Available to the Citizens of Our Country"
A letter from Justice Sandra Day O'Connor.
Three Judges, Four Opinions, and a Debate on Auer Deference
What more could you want from a sentencing guideline decision out of a U.S. Court of Appeals?
Migrant Caravan Hysteria Returns
There's no evidence this caravan is full of Middle Eastern terrorists.
Heritage Foundation's Clerkship Boot Camp
It's fine for ideological groups to try to teach their ideas, including to interested future law clerks -- but not to try to limit how the students use those ideas.
Short Circuit: A Roundup of Recent Federal Court Decisions
Root canals, contraband dogs, and a marijuana petition.
Do I Owe It to My Criminal Relatives to Keep My Genes a Secret?
When genetic testing results become a tool for law enforcement
Can a Constitutional Amendment Forestall the Threat of Court-Packing?
Jim Lindgren proposes a constitutional amendment banning court-packing. I'm all for it. But it can only pass if liberal Democrats get some reciprocal concession to support it.
Short Circuit: A Roundup of Recent Federal Court Decisions
Public defender shortfalls, warrantless rental inspections, and juveniles in solitary confinement.
Amicus Brief on Burdens of Proof for Compelled Decryption
The burden of proof matters, and it's an issue of first impression in appellate courts.
U.K. Supreme Court: Baker Doesn't Have to Place Pro-Gay Marriage Message on Cake
But the ruling isn't based on free speech or religious liberty
Trump Adviser's 3rd-Grade Teacher Dishes: Look How Weird He Was at Age 8
Oddly enough, not in The Onion!
Question About Federal Circuit, Sealed Cases, and Veterans Benefits
Seeking help from our readers ....
Detroit Cops Charged With Home Invasion Thanks to Body Cam Footage
This is how the system is supposed to work.
Most ICE Detainees Aren't Criminals, Report Reveals
As if we needed any more evidence that the vast majority of undocumented immigrants aren't bringing crime into the country.
This Is How Sex-Trafficking Panic Gets Made
Plus: fight against FOSTA continues and Tennessee trooper reports Democrat for visiting falafel restaurant.
"The Unintended Consequences of 'Ban the Box': Statistical Discrimination and Employment Outcomes When Criminal Histories are Hidden"
Efforts to help ex-offenders by making it difficult for employers to find out about a job applicant's criminal record can backfire.
Is the Supreme Court Going to Suffer a Crisis of Legitimacy?
Predictions to that effect may turn out to be overblown. But we should still take the threat of "court-packing" and other drastic measures to to reduce the Court's power seriously.
Politico Symposium on Kavanaugh's Confirmation
I have a contribution in it, along with a variety of prominent legal scholars and commentators.
Quick -- Do You Remember the Text of Section 2 of the Fourteenth Amendment?
"Ginsburg Forgets 14th Amendment, Audience Has To Give Her Constitution," says a Daily Wire headline -- but the story doesn't mention this was section 2,
Should Law Professors Sign Letters on Public Issues if They Don't Fully Agree with the Letters?
I don't sign such letters unless I fully agree with every assertion made.
Short Circuit: A Roundup of Recent Federal Court Decisions
Butter grades, toxic coal ash, and Stairway to Heaven.
The Liberal American Constitution Society Is Named After the Text …
... and the conservative Federalist Society is named after legislative history.
A Short Response to Eugene's "Judicial Temperament" Post
Further thoughts on why Kavanaugh's testimony is disqualifying.
Judge Kavanaugh, Judicial Temperament, and the "Circus"
Kavanaugh was correct: it was a circus. But he was the one who made it a circus - and for that (apart from anything that he may or may not have done in 1982) he should not be confirmed.
No, We're Not on the Brink of Civil War. But the Reasons Why We're Not Are Far From Entirely Reassuring.
Contrary to the fears of some pundits, the U.S. is not on the brink of civil war. But the explanation for that is far from entirely reassuring.
The Case for Kavanaugh
How "judicial philosophy" figures into the decision to support or oppose a nominee.
Why Supreme Court Confirmation Hearings Should be Treated as Job Interviews, not Criminal Trials
One of the points at issue in the debate over the sexual assault accusations against Brett Kavanaugh is whether the standards of proof used by the Senate should be those appropriate to a criminal trial or those of a job interview. The latter is the superior approach.
Maryland Misdemeanor Law
What Maryland calls "misdemeanors" is very different from what other states do.
Politico Symposium on the Ford-Kavanaugh Sexual Assault Accusation Hearing
The symposium includes contributions by various legal commentators, including Bruce Ackerman, Mari Matsuda, Deborah Rhode, and myself.
Short Circuit: A Roundup of Recent Federal Court Decisions
Interviewing prisoners, Auer deference in criminal cases, and Rand Paul's neighbor.
The American Bar Association's Lack of Transparency
The ABA president called for a delay in voting on Kavanaugh's nomination, but the ABA refuses to provide any details about this decision
