"We Are Not Crows" -- and yet ….
A Louisiana statute applies when a parent who shares custodial rights moves with a child more than 75 miles from the child's principal residence -- is that as the crow flies, or as MapQuest calculates?
Crime
People Stuck in Jail Because They're Poor Have New Hope
Potential pretrial reforms for those locked up in Nashville, Atlanta, Philly, or the Golden State.
City Orders Businesses to Join Its Police Surveillance System
Saginaw demands that establishments install video cameras and turn over footage.
Short Circuit: A roundup of recent federal court decisions
Wealth-based pretrial detention, resegregation, and violent retribution for political participation.
Should We Expect More from Our Elected Officials?
Are there constitutional obligations above and beyond the legal requirements of office?
A Cure for Mass Shootings Doesn't Exist
There are no plausible options that offer more than the faintest prospect of preventing the next massacre.
The Space Shuttle and Reasonable Doubt
"During voir dire, the prosecutor showed the potential jurors an incomplete puzzle of a space shuttle (with only sixty-six percent of the pieces present), stated that the image was a space shuttle 'beyond a reasonable doubt,' and asked the potential jurors whether anyone disagreed, which none did; the prosecutor also showed the image during closing arguments."
Justice Ruth Bader Ginsburg > "Notorious RBG"
Professor Rick Hasen on why its a bad idea to treat Supreme Court justices like celebrities (and why justices should not embrace their celebrity either).
Episode 203: Interview with Glenn Gerstell
NSA's General Counsel speaks on 702, cybersecurity, and more
Don't Know Much About History
Quite a line about World War II from a history book for children.
Adjunct Prof: "Australia Is a Continent; It Is Not a Country"
Instructor gives F to student for calling Australia a country; university fires instructor.
Did Trump's Lawyer Pay Stormy Daniels Out of His Own Pocket?
A minor point, but it's not what his statement says.
Alabama Prosecutor, Sheriff Threaten to Put More People in Prison in Order to Keep Seizing Massive Amounts of Property
Lawmakers are considering long-overdue civil asset forfeiture reform, and law enforcement leaders aren't happy.
The Anglo-American Office of Sheriff
Americans' right to elect their Sheriffs comes from ancient English legal tradition.
Bank Recommendations, Especially for Banks with Good Online Banking Systems?
I've long been disappointed with my bank, U.S. Bank, chiefly because of its online banking system, which seems badly antiquated.
Short Circuit: A roundup of recent federal court decisions
An eggregrious price fixing scheme, a tear gas accident, and a post-SWAT raid code inspection.
Indonesia Seems Set to Ban Gay Sex
World's fourth largest country -- and largest Muslim country -- had long been seen as tolerant on such matters, but that has been changing.
Ninth Circuit: Adultery Is Constitutionally Protected
The court holds that Lawrence v. Texas limits government restrictions on extramarital sex.
Can Governments Ban Gun Stores? Amicus Brief in Supreme Court Case
Amicus brief in Supreme Court cert. petition argues that Alameda County, Calif., ban on new gun stores violates the Second Amendment.
Judge Reduces Woman's Prison Sentence Because She Got Sterilized, but It Was Totally Her 'Choice'
Paternalistic nudging in action
Immigration Authorities Want Access to All the Raw Intelligence the Feds Already Collected on You
And Donald Trump just might be the president to give ICE free rein.
The Shame of Devin Nunes
Our president thinks that Rep. Nunes will go down in history as "a great American." He is wrong.
The Emoluments Clauses Litigation, Part 6: Are the Claims Against the President in his Official or Individual Capacity?
A guest-post from two authors who have commented heavily (and influentially) on the Emoluments Clauses litigation against President Trump; more to come later this week.
Court Discloses Speech-Restrictive Barley House Settlement Agreement
I'm delighted to report that the District Court agreed with our position.
Short Circuit: A roundup of recent federal court decisions
Hot cells, effluent injections, and illegal downloading.
Supermajority Required for Finding of Unconstitutionality
Interesting provisions in some state supreme courts -- but are they constitutional when applied to claims that statutes violate the federal Constitution?
The "Too Irrational to Be a Terrorist" Defense Goes Nowhere
ISIS supporter Joshua Van Haften "also believes, for example, that Britain's Prince William is the Antichrist, that people can use numerology to predict the future, and that most Western political leaders are closet Satanists."
Ban on Carrying Guns Within 1,000 Feet of Park Struck Down
...by the Illinois Supreme Court in a decision this morning.
Restrictionists Are Misleading You About Immigrant Crime Rates
Restrictionists are inflaming public opinion to justify a harsh crackdown
En Banc D.C. Circuit Upholds Constitutionality of CFPB
A divided D.C. Circuit holds Congress may insulate the Consumer Financial Protection Bureau from Presidential Control. Will the Supreme Court agree?
The Dubious Legal Claim Behind #ReleaseTheMemo
Did DOJ actually need to disclose who funded the Steele dossier? Very likely not.
The Ongoing Cato Unbound Debate over "The Captured Economy"
Several commentators (myself included) continue the debate over Brink Lindsey and Steven Teles' important new book.
No, Libertarians Have Not Thrown in With Trump
Jonathan Chait's accusations to the contrary ignore a great deal of the actual libertarian reaction to the president's policies. But some libertarians are indeed too soft on both Trump and right-wing nationalism generally.
