Criminal Justice
California Court of Appeal decides Vaquero, an interesting private-delegation case
Banzai! Can surface rights owners control the rights of those who own the mineral rights underneath? In this case, yes.
Baltimore Mayor Says Men in White Vans Are Snatching Young Girls for Sex Trafficking
"It's all over Facebook."
Crowd-Checking Forthcoming Amicus Brief on the Solicitation Exception in U.S. v. Sineneng-Smith
I need to send this brief to the printer tomorrow, but I'd love to have any feedback today on how it can be improved or corrected.
A.G. William Barr Says Police Might Stop "Protecting" Us If We Aren't Nicer to Them. If Only It Were That Easy To Get Rid of Bad Cops.
Cities and communities have an uphill battle trying to get abusive and incompetent cops out of uniform.
A California Cop's Body Camera Captured Him Fondling a Dead Woman's Breasts
The officer turned his body camera off, but the incident was still recorded.
Institute for Justice Takes up Case where Federal Court Ruled Government Owes no Compensation to Innocent Property Owner Whose House was Destroyed By Police
The prominent libertarian public interest firm hopes to get the decision reversed, possibly by the Supreme Court.
Criminal Defendant Must Write and Post Essay on Respect for Judiciary, and Delete Any Negative Comments Posted on that Essay
as a condition of having his criminal contempt sentence suspended. OK, says a North Carolina Court of Appeals opinion, though one judge dissents.
"Broke Ass Phone" Wins Right to Have Commercial Sign With Its Name
"Postpositive," not posterior.
Overview of Oral Arguments in NYS Rifle and Pistol Association v. City of New York
The Court will likely dismiss the case as moot. But how? Through a quick, unsigned DIG? Or through a signed, divided opinion in June?
The "Right to be Forgotten" doubles back and shoots the shark
Episode 290 of the Cyberlaw Podcast
"A Breach of the EU Directive Against Egregious Cliché Embodiment"
(The quote is from October Man, a splendid fantasy novella by Ben Aaronovitch, but it seemed so appropriate here.)
PATRIOT Act Clause Invoked to Keep Man Imprisoned Even After He Served His Sentence
A part of the law intended to hold suspected terrorists for deportation is being twisted to justify indefinite detention.
Short Circuit: A Roundup of Recent Federal Court Decisions
A pizza shop vandal, FOIA/RICO/1A, and the Case of the Polite Bank Robber.
California Threatens Landlords of Unlicensed Pot Shops With Prosecution
The drug wars will continue until the state gets its cut of the money.
Would a Senate acquittal moot some of the impeachment-related subpoena cases?
In theory, at least, the House could continue to investigate possible impeachment proceedings indefinitely, even after an acquittal
Don't Forget about Turkey
This isn't a Thanksgiving post, but about those other conflicts-of-interest the President seems to have.
Anatomy of a Drug War Crime
A deadly raid based on a bogus tip and a fraudulent search warrant affidavit highlights loose police practices in Houston.
Ashley Judd and Seth Meyers Say They Want to Help Sex Workers. They Could Start by Shutting Up.
Plus: climate change defamation suit can proceed, trade deal inches forward, and more…
Hate Crime Motivation Enhancement in Illegal Gun Possession Case?
An interesting federal government argument, in a case pending in D.C. (U.S. v. Calloway).
Equity, equity--the new edition of Ames, Chafee, and Re
The remedies casebook with a systematic presentation of equity
Has there been a leak from the Supreme Court in Bostock?
Is Justice Gorsuch going to vote with Justice Kagan?
Oregon Cops Are No Longer Allowed To Routinely Turn Traffic Stops Into Criminal Investigations
The Oregon Supreme Court says police may not grill drivers or ask to search their cars without reasonable suspicion of criminal activity.
What happens if the Chief Justice cannot serve at the Presidential impeachment trial?
Walter Nixon v. U.S. left open whether this question, which is not "weird," was justiciable
Justice Kavanaugh: There is Already a Nondelegation/"Major Question" Case on the Court's Docket
The DACA cases squarely present the question of whether Congress delegated the authority to resolve such a major question about immigration policy
