Just in Time for National Bourbon Day (June 14), a Bourbon Trademark Case
Crafted with love in the cellars of the Sixth Circuit.
Crime
Short Circuit: A roundup of recent federal court decisions
Dangerous tennis shoes, a magnificent distillery, and bad advice from the IRS.
How Do the States Have Standing to Challenge an Unenforced and Unenforceable Mandate?
There is no longer any legal or financial consequence for failing to comply with the individual mandate, so how are states (or anyone else) harmed by it?
The Case Against Qualified Immunity, Part V
Today, I suggest ways the Supreme Court might adjust qualified immunity doctrine to comport with evidence of its role in constitutional litigation, and ways lower courts might resolve qualified immunity motions to mitigate some of the worst aspects of the doctrine.
The Case Against Qualified Immunity, Part IV
Although some have argued that qualified immunity encourages constitutional innovation, this defense of qualified immunity should not save the doctrine from the chopping block.
Strange Bedfellows Join on Severability in the Latest ACA Case
There's room for reasonable disagreement on many aspects of the latest ACA litigation, but the severability question should be clear.
Should California be Broken Up?
A plan to divide California into three states will be on the state's referendum ballot in November. If it passes and is approved by Congress, it could potentially be a significant change for the better.
Deerfield, Illinois, gun confiscation law is blocked by state court
A Chicago suburb's law to confiscate firearms and magazines has been blocked by a temporary restraining order.
The Case Against Qualified Immunity, Part III
The Supreme Court should do away with or restrict qualified immunity because, in Justice Sotomayor's words, it "renders the protections" of the Constitution "hollow."
Local News Uncritically Publicizes Mother's Kidnapping Freakout
A mom says her daughter was almost abducted at a rest stop. That's a stretch.
The Case Against Qualified Immunity, Part II
Although the Supreme Court says qualified immunity is necessary to protect government officials from financial liability and the costs and burdens of litigation, all available evidence suggests the doctrine fails to achieve these intended policy goals.
The Clever Red State Lawsuit Against the Individual Mandate, and the Justice Department's Disappointing Response
The latest state challenge to the ACA is clever. The Justice Department's response is not.
The Case Against the Case Against the Mueller Investigation
Noted attorney George Conway dismantles the constitutional arguments against Special Counsel Robert Mueller's investigation
The Case Against Qualified Immunity, Part I
If the Supreme Court takes Justice Thomas's suggestion to reconsider qualified immunity and takes seriously available evidence about qualified immunity's historical precedents and current operation, the Court could not justify continued existence of the doctrine in its current form.
My Guest Appearance on First Mondays: "Stale Cake"
I discuss last week's Supreme Court opinions and much more with Professors Dan Epps and Ian Samuel.
Short Circuit: A roundup of recent federal court decisions
Defamation insurance, child labor, and a virulently racist attorney.
On This Day in History: The Curious Death of George Wythe, Founding Father and Nation's First Law Professor
Did his murderer walk because Virginia law did not permit African Americans to testify against whites?
Brazilian Anthropologists Say Killing Twin, Disabled, or Transgender Children (Even When Their Parents Object) Ought to Be Tolerated, So Long as the Perpetrators are from One of Those … Er … Unassimilated Indigenous Tribes
And woe to anyone who attempts to inform tribal members that there may be alternatives to their traditional practices.
Lawsuit Against Snapchat Encouraging Speeding Can Proceed
The Georgia Court of Appeals rejected Snapchat's federal 47 U.S.C. sec. 230 defense, though Snapchat may still win under Georgia law.
(When) Should Lower Courts Try to Predict Supreme Court Rulings?
A plea for a more refined view, inspired by yesterday's decision in Hughes.
Stossel: Junk Science Locks Up Innocent People
DNA testing reveals that long-used forensic methods are error-riddled.
Steven Pinker Loves the Enlightenment
The Harvard psychologist splits the difference between Dr. Pangloss and Pope Francis.
Human Trafficking Court in Delaware Shuts Down for Lack of Human-Trafficking Victims
The Delaware Criminal Justice Council found it difficult to "justify the resources that have been expend on so few" participants with such a "low rate of success."
Libertarians Tend to Favor Immigration, But …
Libertarians also tend to favor free expression. And there appears to be a real-world trade off.
DACA and the danger of conflicting injunctions
Will the federal courts issue directly clashing national injunctions about DACA?
Short Circuit: A roundup of recent federal court decisions
Pet food puffery, suspiciously loud laughter, and the school of hard knocks.
If You Shot a Man in Reno, Why are You in California State Prison?
Herein of "Folsom Prison Blues" and criminal jurisdiction.
The Transgender Bathroom Wars Continue in State Court
The Withdrawal of the Obama-Era "Dear Colleague Letter" (which made transgender access to the bathrooms of students' self-perceived gender rather than their anatomical sex mandatory on schools) was the right thing under federal law. But now the arguments are being made under state law.
Discussions of the Freedom of the Press as Protecting Non-Press-as-Industry Writers (America)
"Freedom of the press," as I've argued in earlier posts, was understood as protecting the freedom of all to use the printing press -- not just a freedom of the profession or industry that we might call "the press."
"A Spiraling Controversy Over Anti-Semitic Comments and Conspiracy Theories Has Roiled the Washington City Government"
Rothschilds, "fake Jews," "termite[s]," Louis Farrakhan, and more.
Undocumented Immigrants Are Less Crime Prone Than Native-Borns
More undocumented immigration meant less violent crime.
Jonathan Rauch on Happiness: Why Life Gets Better After 50
Rauch is one of my favorite writers -- plus I just turned 50, so I suppose I want to believe ....
Tentative Thoughts on the Use of Genealogy Sites to Solve Crimes
Prompted by the apparent catching of the Golden State Killer.
The Equal Rights Amendment: Back for an Encore Performance? Well…Performance, Yes, But Actual Constitution-Making, Probably Not.
The last thing left-leaning feminists want is a constitutional amendment that would jeopardize such things as preferential treatment for woman-owned businesses.
"First Mondays" Supreme Court Podcast: Highly Recommended
I just started to listening to this a few months ago (late adopter), I know, and I'm totally hooked.
Burning Widows and Other Things That Even "Multicultural" Americans Shouldn't Tolerate
Is Maine so multicultural now that it can't bring itself to criminalize female genital mutilation within its borders? If the line on cross-cultural tolerance shouldn't be drawn there, where should it be drawn?
