Equity and the Seventh Amendment
The scope of the civil jury trial right
Crime
Short Circuit: A Roundup of Recent Federal Court Decisions
Feeding the homeless, drawing the Prophet Muhammed, and Kim Kardashian's plea for executive clemency.
Mollie Tibbetts' Relatives: Stop Using Her Death as 'Political Propaganda'
After police said Tibbetts' killer is an illegal immigrant, conservatives started using her death to argue for stricter immigration enforcement.
Trump's Campaign Finance Catch-22
Is hush money to a politician's mistress "for the purpose of influencing an election" or "personal use"?
Trump Might Be a Criminal. But So Is Everyone Else.
A question that now hangs like a miasma over D.C. is "Which of my staffers would hang me out to dry in order to avoid going to federal prison?"
Courts Already Declare Statutes "Void-For-Breadth"—They Just Do So Sub Silentio
At some level, the "void-for-breadth" doctrine already exists, but it needs to be excavated, clarified, and expanded.
Majority of Ohio Supreme Court Justices Open to Rejecting Chevron Deference to Administrative Agencies
The Wisconsin and Mississippi Supreme Courts have recently rejected state-level Chevron deference.
"Fair Notice" Is More Than A Formal-Announcement Principle
When a criminal law is extremely broad but perfectly clear, in what sense does it violate rule-of-law principles?
Can There Be Capitalism Without Racism?
A program at UC-Davis looks at the relationship between capitalism and racism.
Are Perceptions of Newsworthiness Contaminated by a Political Usefulness Bias?
Ha! Science now has a non-shocking answer that question: Yes, of course, they are.
Very Broad Laws Offend Due Process
Repurposing "fair notice" principles to tackle an important aspect of overcriminalization.
Opening a File After A Hash Was Made and Matched to Known Image of Child Pornography is Not a "Search," Fifth Circuit Rules
An interesting case applying the private search reconstruction doctrine.
Short Circuit: A Roundup of Recent Federal Court Decisions
MacGyver, Rumpelstiltskin, and a whole bunch of attorneys behaving badly.
"Sex Pigs Halt Traffic After Laser Attack on Pokémon Teens"
I agree with Glenn Reynolds (InstaPundit) -- this is indeed the best headline I've seen all the week.
Another EPA Loss in Court
For the second time this week, a federal court has rejected the EPA's effort to delay an Obama Administration rule.
Public Utility's Recording of Home Energy Consumption Every 15 Minutes Is A "Search," Seventh Circuit Rules
An important ruling in the wake of Carpenter v. United States.
Federal Court Rejects EPA Attempt to "Suspend" WOTUS Rule
The Trump Administration faces another legal setback in its effort to reform federal environmental regulation.
"Rock & Roll Judges"
A fun article by Jeff Breinholt, describing how judges (and which judges) have been citing rock lyrics.
UCLA Law #11 in Scholarly Impact Rankings
GMU, another school well-represented on the blog, is #19, well above its U.S. News ranking.
"US Court Authorizes Service By Twitter on Wikileaks"
A very interesting post by Ted Folkman (Letters Blogatory).
Reviews of Genesis 1-11
Reviews in New Blackfriars and the Journal of Northwest Semitic Languages
Short Circuit: A Roundup of Recent Federal Court Decisions
Prolonged hostilities, threatening to complain about the police, and officers who don't turn on their recording equipment.
Why Would a Mother Throw Her Kids Off a Bridge?: Podcast
A conversation with Nancy Rommelmann about her new true crime book, To the Bridge
Creativity and Copyright in the Data Age
Does the rise of data-driven authorship change our intuitions about intellectual property? Does it matter?
Impeachment Proceedings Against All Four West Virginia Supreme Court Justices
"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.)
Copyright and (Un)Human Creativity
What does the rise of data-driven authorship mean for the future of art, culture, and intellectual property rights?
The Department of Education's Obama-Era Initiative on Racial Disparities in School Discipline: Wrong for Students and Teachers, Wrong on the Law—Part 3
Title VI is not a disparate impact statute, and executive agencies do not have the authority to transform it into one through rulemaking.
Mindgeek, or the Biggest Digital Streaming Platform You've Never Heard Of
The undisputed emperor of online adult entertainment, Mindgeek is a master at gathering and using data to structure and produce content.
To Our Lawyer Readers: Any Ideas I Can Use in a Writing Competition?
I'm trying to put on a 2L/3L short writing competition -- just a week, for a short brief based on a short problem.
Rare Obscenity-as-to-Minors Conviction for Showing a Non-Porn Movie
A 2016 Ohio appellate case I recently came across.
From Red Envelopes to Red Carpets: How Netflix Conquered Hollywood
William Goldman famously said about Hollywood that "nobody knows anything." But thanks to streaming and the data it produces, Netflix knows a lot.
Duke Historian Nancy Maclean's Wacky Conspiracy Theory
The Koch-Trump feud is just part of the conspiracy to amend the Constitution in talk show host Mark Levin's image.
Welcome, Streaming Addicts, to the Age of Data-Driven Creativity
Also known as the "Second Digital Disruption."
Careful with Filing Sealed Documents
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.
Short Circuit: A Roundup of Recent Federal Court Decisions
Grenades, machine guns, 3D printed guns, a tranquilizer gun, machetes, duct tape, and a long blonde wig.
Who Was Right About the Emoluments Clauses? Judge Messitte or President Washington?
[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]
Do Law Schools Discriminate Against Conservatives and Libertarians in Faculty Hiring?
A new study finds evidence that they do.
WTF is He Doing? [with Today's Quiz]
When do we decide that Trump's contempt for the law has crossed the line?
The College of Charleston Quietly Rejects Race-Preferential Admissions … No Wait! The College of Charleston Returns to Race-Preferential Admissions.
Motives matter under the law. So what was the College of Charleston's motive for its sudden change?
A "Liberal Feminist" Endorses Kavanaugh
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.
