Criminal Justice
This Chronicle of Sloppy Alcohol Breath Testing Highlights the Hidden Problems With Supposedly Scientific Forensic Evidence
Even when a technology is valid in theory, haphazard methods can lead to wrongful convictions.
The Largest Single-Day Commutation in History
Oklahoma frees 527 low-level offenders—and saves nearly $12 million.
Indiana Supreme Court Applies Eighth Amendment to Curb "Oppressive" Asset Forfeitures
The ruling is a continuation of the same case in which the federal Supreme Court ruled that the Excessive Fines Clause of the Eighth Amendment is "incorporated" against state governments and applies to asset forfeitures.
Louisville SWAT Team Looking for Pot Needlessly Terrorizes Family, Thanks to a False Tip, a Cursory Investigation, and a Detective's Nose
The cop claimed to detect "a strong smell of fresh marijuana coming from within the house," but police did not find any.
Federal Court Rules there is no Taking if the Police Destroy an Innocent Person's House During a Law Enforcement Operation
The ruling has considerable backing from precedent. But it is nonetheless based on a deeply flawed doctrine.
A Georgia Death Row Inmate Receives a Stay of Execution Amid Calls to DNA Test Evidence
Ray Cromartie was scheduled to die on Wednesday. His supporters hope a question of jurisdiction will lead to DNA testing.
Victims of Marijuana Raid Based on Tea in Their Trash Get Another Chance to Hold Cops Responsible
The 10th Circuit says Adlynn and Robert Harte should be allowed to pursue three federal claims against comically inept Kansas sheriff's deputies.
Don't Look for Good Guys in Trump's Battle With the FBI
Even if they unseat a president opposed by many Americans, the FBI and the intelligence community are not the heroes you're looking for.
Student Charged With Manslaughter for Texting Boyfriend to 'Go Die'
The 21-year-old faces criminal punishment for text messages to her suicidal boyfriend.
Will Prosecutors Attempt to Neuter New York's Bail Reforms?
Reformers worry that district attorneys will subvert new rules, but prosecutors worry about those who refuse to show up for court.
NYPD Officers Pointed Guns Inside a Busy Subway Car in an Arrest Caught on Camera
The NYPD's increased presence on the New York subway has many wondering about the resources dedicated to stop petty crimes.
Another MA Case About Encouragement to Commit Suicide
Prosecutors charging Boston College student's girlfriend with involuntary manslaughter
As Ben Franklin almost said, a throuple can keep a secret – if a couple of them are dead
Episode 284 of the Cyberlaw Podcast
What are the cases in the Constitutional Canon?
We surveyed twelve of the leading constitutional law casebooks
Florida Prisons Are a Slow-Motion Disaster
"We are a prison system that's overstuffed and under-guarded, and that is a lethal combination of policies," says state Sen. Jeff Brandes.
Relying on Petty Fines To Fund City Government Can Have Serious Consequences
"Taxation by citation" harms the harmless and destroys trust in civic institutions.
Short Circuit: A Roundup of Recent Federal Court Decisions
Open fields, tight handcuffs, and mass shootings.
Judge Says Cops Need Qualified Immunity To 'Stop Mass Shootings'
In fact, the legal doctrine lets cops to get away with outrageous conduct.
The NYPD Officer Fired for Choking Eric Garner Is Suing To Get His Job Back
Pantaleo's lawyer says it’s “arbitrary and capricious” to fire a cop for choking a guy over black market cigarettes.
Free speech and LGBT rights
Almost a century ago, just as the modern First Amendment was born, a little-known gay-rights organization in Chicago emerged from its closet blinking into the daylight
An 8-Year-Old Girl Says She Was Almost Kidnapped. Media and Parents Freaked Out. It Was a Hoax.
Two days later, the cops figured out the story was make believe.
Federal Prosecutors Are Punishing Actor Lori Loughlin for Exercising Her Right To Defend Herself
Plea deals aren’t about mercy these days. They’re about intimidating defendants into giving up the right to a trial.
The Fifth Avenue Immunity
Can a State Investigate Alleged Criminal Wrongdoing Involving a Sitting President?
"Explaining Criminal Sanctions in Intellectual Property Law" Symposium Piece Out
Penn's IP journal makes its launch
S.C. Judge Rules the Obvious: It's Unconstitutional for Police to Seize and Keep People's Property Without Proving They Committed Crimes
Law enforcement and prosecutors have seized millions from people they’ve arrested. That might be coming to an end.
George Washington and the Emoluments Clauses
The Practices of our First President Suggest That President Trump is not violating the Foreign and Domestic Emoluments Clauses
Is intelligence "reform" a self-licking ice cream cone and compliance trap?
Episode 283 of the Cyberlaw Podcast
Florida Cops Went to Absurd Lengths to Entrap Man Who Showed No Interest in Underage Sex
Sarasota deputies violated best practices and ethical standards for sting operations.
Severability Doctrine in the Fifth Circuit
At least two judges favor Justice Thomas's approach to severability
Can a federal agency's policy pre-empt state law?
Justices Thomas and Gorusch write that an executive-branch policy is not "'Law' for purposes of the Supremacy Clause."
All Courts Should Abolish the Need for Amici to Seek Leave of the Parties
And pro hac vice fees should be waived for counsel representing amici pro bono
