Crime
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.
Short Circuit: A roundup of recent federal court decisions
Bathtime photos, forfeiture shenanigans, and a wine caper.
In Supporting the Gymnastics Victims, Judge Aquilina Got It Right
That the judge supported the gymnastic victims in being heard should be a cause for celebration, not concern--and ample caselaw makes clear that it was entirely within the boundaries of proper judicial behavior.
Baltimore Cops on Trial for a Criminal Conspiracy That Looks a Lot Like Everyday Policing
Armed robbery, extortion...and keeping the money for themselves.
My Upcoming Speaking Engagements
My upcoming public speaking engagements for the next few months. Covering topics like political ignorance, federalism, immigration, and others.
We Have Opinions (from SCOTUS)
The Supreme Court issues three opinions, for a grand total of four so far this term.
Linguification
When (often plausible) claims about substance get recast as (unsound) claims about language.
Did unmasking reform clinch the deal for 702 reauthorization?
Episode 199 of the Cyberlaw Podcast
200. Will fitness tracking turn into an entirely new 702 intelligence program?
Episode 200 of the Cyberlaw Podcast
Inconceivable Rights: I Do Not Think That Word Means (Just) What You Think It Means
The infection of postmodernism apparently goes way back.
How "Rights" Are Like Superscript -1
Legal language, like mathematical language, often gives multiple definitions to similar terms.
Supreme Court Takes Up Internet Sales Tax Conundrum
Why I hope the Court leaves its "physical presence" rule for sales tax collection intact, or How I Learned to Love the Dormant Commerce Clause.
Peffer v. Stephens, on Probable Cause and Home Computer Searches
A computer search decision from a new Sixth Circuit judge, John Bush, has been generating some controversy. Let's take a look.
New York Gov. Cuomo Proposes Positive Criminal Justice Reforms
Less pretrial jail, more forfeiture restrictions
Here's a Novel Idea: Hold Both Caller and Police Officer Responsible for Deadly 'Swatting'
Let's avoid false dilemmas when exploring blame.
