Crime
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?"
Courts Already Declare Statutes "Void-For-Breadth"—They Just Do So Sub Silentio
At some level, the "void-for-breadth" doctrine already exists, but it needs to be excavated, clarified, and expanded.
Majority of Ohio Supreme Court Justices Open to Rejecting Chevron Deference to Administrative Agencies
The Wisconsin and Mississippi Supreme Courts have recently rejected state-level Chevron deference.
"Fair Notice" Is More Than A Formal-Announcement Principle
When a criminal law is extremely broad but perfectly clear, in what sense does it violate rule-of-law principles?
Can There Be Capitalism Without Racism?
A program at UC-Davis looks at the relationship between capitalism and racism.
Are Perceptions of Newsworthiness Contaminated by a Political Usefulness Bias?
Ha! Science now has a non-shocking answer that question: Yes, of course, they are.
Very Broad Laws Offend Due Process
Repurposing "fair notice" principles to tackle an important aspect of overcriminalization.
Opening a File After A Hash Was Made and Matched to Known Image of Child Pornography is Not a "Search," Fifth Circuit Rules
An interesting case applying the private search reconstruction doctrine.
Short Circuit: A Roundup of Recent Federal Court Decisions
MacGyver, Rumpelstiltskin, and a whole bunch of attorneys behaving badly.
