Short Circuit: A roundup of recent federal court decisions
Defamation insurance, child labor, and a virulently racist attorney.
Crime
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?
Shouting "Gas" in a Crowded Library -- or Whatever Is Equivalent to "Shouting" for Smell
It was a rotten durian, and "the waste will be dealt with by Environment Protection Authority officers."
Suspect Can Be Compelled to Decrypt Devices If Government Proves He Has The Ability To Do So, Court Rules
The right approach, in my view.
Did Donald Trump Jr. Admit to Violating the Computer Fraud and Abuse Act?
A law-nerd discussion, posted up at Lawfare.
Should U.S. Supreme Court Litigants Decline Consent for Filing of Amicus Briefs?
TL;DR summary: No, it's pointless -- as the data shows -- and it can make you look bad.
Why Can Felons Be Denied the Right to Vote?
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.
Short Circuit: A roundup of recent federal court decisions
Grilling in the yard, radioactive waste in the yard, and police drive onto the wrong yard.
U.S. Commission on Civil Rights Declares that "Goals" Really Are Quotas--But Only When They Apply to Goals the Commissioners Don't Like.
It's never a dull moment at the Commission on Civil Rights.
What's a 'Website,' Anyway?
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.
SCOTUS Released Same-Day Oral Argument Audio. Guess What Happened Next?
There is no reason not to release same-day audio for all oral arguments at the Supreme Court.
Defamation by the Anti-Defamation League (UPDATED: ADL Apologizes)
The ADL defames Canary Mission.
"Drew Cloud Is a Well-Known Expert on Student Loans. One Problem: He's Not Real."
A remarkable story from The Chronicle of Higher Education (Dan Bauman & Chris Quintana)
Weapons Are Just Tools. It's People Who Are Dangerous.
Restricting guns-or vans, knives, or planes-won't make the world safer. The Toronto van attack reminds us peril lies in people with bad intent, not with how they get it done.
Supreme Court Nixes Suits Against Foreign Corporations in U.S. Courts Alleging Violations of International Law
If domestic courts are to be a forum for these sorts of suits, five justices conclude, Congress must first say so.
