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.
Crime
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.
Legal Duty to Report Your Coworkers' Off-the-Job Crimes?
That's what a New Jersey appellate court seems to have created, based on the theory that a criminal's coworkers somehow have a special duty to the victim -- even when the crime has nothing at all to do with the job.
Colorado's early self-government and path to statehood
On the periphery of the periphery, Coloradans energetically exercised their inherent rights of sovereignty and self-government.
"Court Balancing" is Just Court-Packing by Another Name
A new proposal to give Democrats additional Supreme Court appointments by temporarily increasing the size of the Supreme Court would cause much the same problems as conventional court-packing would.
The best idea yet for derailing Judge Kavanaugh's nomination
Episode 228 of the Cyberlaw Podcast
Injured Trump Supporters' Lawsuit Against San Jose Can Proceed, Says Ninth Circuit
"The Attendees allege the Officers shepherded them into a violent crowd of protesters and actively prevented them from reaching safety. The Officers continued to implement this plan even while witnessing the violence firsthand, and even though they knew the mob had attacked Trump supporters at the Convention Center earlier that evening."
Rand Paul announces support for Brett Kavanaugh
Says private discussions and Kavanaugh's strong record eased his concerns about the 4th Amendment
San Diego Police Chief's Bogus Number Ties Cannabis to Crime
Cop calls that supposedly show the trouble caused by dispensaries mostly had nothing to do with dispensaries.
Say Goodbye to the Kennedy Court
Justice Kennedy's retirement will have a significant impact on the Roberts Court beyond its ideological makeup.
Assessing Justice Kennedy's Legacy
A Politico symposium offers assessments by a wide range of legal scholars and commentators. And I offer some additional thoughts of my own.
For Once, Police Officer Promptly Charged in Shooting Death of Unarmed Black Teen
Since 2005, just 32 officers involved in fatal shootings have been convicted on criminal charges.
The Big National Injunction Case
A decision with major implications for the national injunction--not Trump v. Hawaii but Gill v. Whitford
A war reporter for the cyber age
Interview of David Sanger in episode 223 of the Cyberlaw Podcast
Justice Thomas Criticizes Nationwide Injunctions, Citing Our Own Sam Bray
An interesting separate concurrence in the "travel ban" decision.
20 Opinion Line-Ups and Counting
The Supreme Court justices divide among themselves in many different ways.
Short Circuit: A roundup of recent federal court decisions
Mo money mo problems, open-air burn pits, and the case of the missing tattoos.
First Thoughts on Carpenter v. United States
A big case. Here's an ongoing Q&A, which I will add to through the day.
What Do Justices Gorsuch and Justice Breyer Have in Common?
Still more interesting line-ups from SCOTUS
More Interesting Supreme Court Line-Ups Today
The Court broke in untraditional ways in making decisions about taxing internet sales and the Appointments Clause
State Secretary of State Stuck with CLE Sanction
Today was a terrible, no-good, very bad day for Kris Kobach.
What it feels like to be that guy in line with Woody Allen
Episode 222 of the Cyberlaw Podcast
Today's Unusual SCOTUS Lineup(s)
Masterpiece Cakeshop is not the only decision to surprise this term.
Just in Time for National Bourbon Day (June 14), a Bourbon Trademark Case
Crafted with love in the cellars of the Sixth Circuit.
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.
