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.
Crime
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
New FBI Crime Report: Violent Crime Dipped Slightly Last Year
Jeff Sessions credits the dip to his tough-on-crime policies, but criminal justice groups say that's nonsense.
Despite Marijuana Legalization Successes, Police Keep Arresting Users
New FBI statistics for 2017 even show a small increase.
20 Years in Prison for Florida Man Who Swiped $600 Worth of Cigarettes
He has prior felony convictions, but 20 years still seems harsh.
California Police Chief Claims Legal Weed Delivery Could Lead to 'Assaults and Homicides'
It's a scare tactic, and an inaccurate one at that.
Texas Border Patrol Agent Confesses to Killing Sex Workers
A 10-year veteran of U.S. Customs and Border Patrol, Ortiz is also a "serial murderer" say Texas authorities.
Law & Order: Hate Crimes Is a Bad Idea Built on Worse Statistics
But if the show must exist, I have some ripped-from-the-headlines ideas for upcoming plots.
My Upcoming Speaking Engagements
My upcoming speaking engagements through November of this year. Most are free and open to the public.
No, Black Business Ownership Didn't Increase 400% in One Year
PolitiFact has the details -- but in any event, the purported statistic was suspect on its face.
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?"
