Should We Replace Traditional Elections with Sortition?
Recent controversies over election rules and the coronavirus threat have bolstered advocates of decision-making by randomly selected groups of voters. But this approach still has serious flaws.
Criminal Justice
The Eleventh Circuit Concludes That Jeffrey Epstein's Florida Victims Had No Rights Under the Crime Victims' Rights Act.
While calling the secret non-prosecution agreement of Epstein a "national disgrace," the Eleventh Circuit holds that the CVRA only extends victims' rights after an indictment. We will ask for rehearing en banc.
New York Times Editor Excuses Paper's Slow Tara Reade Coverage: 'Kavanaugh Was a Running, Hot Story'
Dean Baquet's argument for proceeding cautiously with Joe Biden but not with Brett Kavanaugh isn't very persuasive.
The Google-Apple infection tracker has a privacy problem. Just not the one you think.
It puts privacy ideology above public health effectiveness
We Are All Federalists Now
Chief Justice Rehnquist's prescient prediction in Garcia v. San Antonio Metropolitan Transit Authority (1985)
What the Cyberspace Solarium report means for the private sector
Episode 311 of the Cyberlaw Podcast
Belgium's Coronavirus Death Rate Surpasses Italy's
In the meantime, neighboring Netherlands, which a few weeks ago had a similar rate to Belgium's, now has half of Belgium's.
Serving 12 Years for Possessing a Cellphone—Unless the Coronavirus Gets to Him First
Some places are releasing nonviolent offenders during the COVID-19 outbreak. Mississippi won't free a man who failed to hand in his phone.
Should Congress Preempt Coronavirus Liability for Businesses That Reopen?
Even after the shutdown orders are lifted, businesses may fear liability if they reopen and someone supposedly gets sick as a result—when Congress concludes reopening is safe, should it block such liability?
Courts should not decide issues that are not there
My take on On Fire Christian Center, Inc v. Greg Fischer, et al.
The New York Times Is Extremely Skeptical of Tara Reade's Sexual Assault Accusation Against Joe Biden. Imagine That.
"We found no pattern of sexual misconduct by Biden, beyond hugs, kisses and touching that women previously said made them uncomfortable."
"Public Officials Have an Ongoing Duty to Adhere to the Law"
"This duty doesn't evaporate in a crisis—in fact, a crisis may heighten the duty."
Chicago Jail Inmate With COVID-19 Dies Shackled to His Hospital Bed
The Cook County jail is the country's largest known single source of new coronavirus infections.
Texas Teen Booked on Terror Charge for COVID-19 Snapchat Video
She posted on social media about deliberately spreading the disease, but she's not actually sick.
The Philadelphia District Attorney's Office Says It Wrongly Convicted Walter Ogrod. Will a Judge Set Him Free Before He Dies of COVID-19?
Ogrod remains on death row even though the Philadelphia District Attorney's Office has called for his conviction to be overturned. He probably has COVID-19.
Florida City Closes Barbershops Because of Coronavirus, but the Cops Are Still Getting Haircuts
Police chief: "it is imperative that our law enforcement Officers project an image of command and authority."
COVID-19 Patients and Their Families Are Being Put on Police-Enforced Lockdown
From doxxing people with the new coronavirus to making diagnosed and suspected patients wear ankle monitors, some states are taking all the wrong steps to slow the spread of COVID-19.
Ohio Governor Says State Will Seek Release of Some Inmates in Response to Coronavirus
The state will seek the release of nearly 200 inmates who are either at risk or nearing their release dates anyway in response to COVID-19.
California Judges Set Bail at $0 for Misdemeanors, Low-Level Felonies Amid Coronavirus Pandemic
New emergency rules attempt to slow down justice system to keep people apart.
Joe Biden Sexual Assault Allegation Made Alyssa Milano Backtrack on 'Believing All Women'
Under fire for refusing to support Tara Reade, Milano says she never thought #MeToo would "destroy innocent men."
New York's New Budget: No Legal Weed, No Fracking, No Flavored Vapes, No Police Transparency. But You Get E-scooters!
If only everybody weren’t stuck in their homes.
Sotomayor Upbraids SCOTUS for a Decision That 'Destroys Fourth Amendment Jurisprudence That Requires Individualized Suspicion'
The justice filed a lone dissent in Kansas v. Glover.
New York City Wants You To Call the Cops on People Who Fail Social Distancing
It's authoritarian—and unnecessary.
Texas Inmates Sue for Access to Hand Sanitizer as Coronavirus Threatens Prisons
The ACLU is also suing Washington, D.C. jails.
Virginia Man Shoots an Active Robber in Store, Is Arrested Himself
The store owner thought his employee acted in reasonable defense of property and self. The police disagreed.
New York May Re-Reform Its Bail System, and Criminal Justice Activists Aren't Happy
Judges would be given additional leeway to order pretrial detentions.
Can Police Task Forces Play Jurisdiction Games To Avoid Liability for Misconduct?
An innocent man was beaten up by a local police detective and an FBI agent. No one wants to take responsibility.
The Vice Cops Who Arrested Stormy Daniels Now Face Federal Charges for Fraud and Conspiring to Violate People's Civil Rights
Two former Columbus, Ohio, police officers are accused of harassing strip club owners, patrons, and staff without legal justification.
The FBI Is Routinely Screwing Up FISA Warrants Targeting Americans
Carter Page was not an anomaly.
Seattle Police Chief Tells People To Call 911 If They Hear 'Racist Name-Calling'
Don't the authorities have better things to do with their time right now?
U.K. Cops Remind Us Why We Should Resist the Government's Coronavirus Power Grabs
Threatening shops for selling chocolate Easter eggs and mocking people who are actually following the law undermines citizens’ trust.
Why Are the Mainstream Media Ignoring Tara Reade's Sexual Assault Accusation Against Joe Biden?
So far, it's been silence from The New York Times, The Washington Post, CNN, and others.
The Fifth Circuit's Inconsistent Approach to Certiorari and Abeyance
What should a Court of Appeals do when the Supreme Court grants, or is about to grant, a case with related issues?
Using Vulgarities When Speaking to a Police Officer Isn't a Crime
You'd think that would have been clear by now to prosecutors and judges.
