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.
I discuss last week's Supreme Court opinions and much more with Professors Dan Epps and Ian Samuel.
Defamation insurance, child labor, and a virulently racist attorney.
Did his murderer walk because Virginia law did not permit African Americans to testify against whites?
And woe to anyone who attempts to inform tribal members that there may be alternatives to their traditional practices.
The Georgia Court of Appeals rejected Snapchat's federal 47 U.S.C. sec. 230 defense, though Snapchat may still win under Georgia law.
A plea for a more refined view, inspired by yesterday's decision in Hughes.
DNA testing reveals that long-used forensic methods are error-riddled.
The Harvard psychologist splits the difference between Dr. Pangloss and Pope Francis.
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 also tend to favor free expression. And there appears to be a real-world trade off.
Will the federal courts issue directly clashing national injunctions about DACA?
Pet food puffery, suspiciously loud laughter, and the school of hard knocks.
Herein of "Folsom Prison Blues" and criminal jurisdiction.
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.
"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."
Rothschilds, "fake Jews," "termite[s]," Louis Farrakhan, and more.
More undocumented immigration meant less violent crime.
Rauch is one of my favorite writers -- plus I just turned 50, so I suppose I want to believe ....
Prompted by the apparent catching of the Golden State Killer.
The last thing left-leaning feminists want is a constitutional amendment that would jeopardize such things as preferential treatment for woman-owned businesses.
I just started to listening to this a few months ago (late adopter), I know, and I'm totally hooked.
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?
It was a rotten durian, and "the waste will be dealt with by Environment Protection Authority officers."
The right approach, in my view.
A law-nerd discussion, posted up at Lawfare.
TL;DR summary: No, it's pointless -- as the data shows -- and it can make you look bad.
Felons retain their free speech rights. Some recent court decisions conclude that some felons regain their Second Amendment rights. But the right to vote is different, according to the constitutional text.
Grilling in the yard, radioactive waste in the yard, and police drive onto the wrong yard.
It's never a dull moment at the Commission on Civil Rights.
As a recent Indiana Supreme Court case amply demonstrates, the term "website" is not nearly precise enough for use in our criminal law, and judges and legislators need to stop pretending that it is.
There is no reason not to release same-day audio for all oral arguments at the Supreme Court.
The ADL defames Canary Mission.
A remarkable story from The Chronicle of Higher Education (Dan Bauman & Chris Quintana)
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