Criminal Justice
Hyatt, the Constitution, and the Common Law
A new decision on sovereign immunity, and what it means for originalists.
Supreme Court Majority Speaks Against "Ahistorical Literalism"
From today's opinion by Justice Thomas, for the five more conservative members of the Court, in Franchise Tax Board v. Hyatt.
Trial (Sort of) Begins Over Police Officer's Conduct in Eric Garner's Death
Five years later, Daniel Pantaleo faces administrative justice.
Kamala Harris Lies About Truancy Laws, Defends Criminalizing Parents Whose Kids Miss School
Plus: Police raid reporters' home in San Francisco, a crackdown on free market economists in China, and more....
Constitution Requires Judge to Recuse When Her Campaign Ad Expressly Condemned Law Firm
So holds a Louisiana Court of Appeal decision from last week.
"William Barr vs. Eric Holder: A Tale of Two Attorneys General"
An article by Stanford Prof. Michael McConnell.
Government Loses Denaturalization Case in U.S. v. Malik
The case showcases a laundry list of problematic behaviors on the part of the government
A Question Barr Flubbed Badly
How could Barr have allowed Deputy AG Rosenstein to participate in evaluating an obstruction-of-justice case against the President when Rosenstein was a key participant in the possibly obstructive events, and would be a witness if a charge were brought?
Short Circuit: A Roundup of Recent Federal Court Decisions
Invading agricultural land, re-plowing the CFPB's structure, and solitary confinement.
California Was Ready to Punish This Synagogue Shooter for Murder. The Feds Want to Make Sure He Is Also Punished for Hating Jews.
The federal hate crime charges against John T. Earnest are redundant and constitutionally problematic.
Michigan Police Won't Be Able to Seize People's Cars for Suspected Drug Crimes Anymore
Michigan Gov. Gretchen Whitmer has signed three bills to limit civil asset forfeiture.
Chelsea Manning Freed From Federal Detention but May Be Forced to Return Next Week
Plus: life imitates The Onion at Guantanamo Bay, "chaos" in Alabama legislature over abortion vote
Florida Is Creating a New Sex Offender Registry Just for Prostitution Customers
The bill also targets strip clubs
Joe Biden, Rusty Weather Vane
He'll creak in the direction of the prevailing political winds eventually, for good and mostly ill. It's his greatest weakness, and main selling point.
In 2018, 55 U.S. Law Enforcement Officers Were Killed by Attackers
In contrast, police killed nearly 1,000 people last year.
Oklahoma Just Passed A Major Licensing Reform for Individuals With Criminal Records
Gov. Kevin Stitt is expected to sign a bill removing so-called "good character" provisions from all Oklahoma's occupational licensing laws.
Federal Court Rules Inmate Must Have Access to Opioid Addiction Treatment
A jail in rural Maine sought to withhold an inmate's opioid addiction medication, increasing the chance that she would relapse and overdose upon release.
Kim Kardashian and the FIRST STEP Act Freed Another Person From Prison
Jeffrey Stringer was sentenced to life in prison for a drug offense.
Cellphone Video Provides Further Evidence That the Cop Who Arrested Sandra Bland Was Angry Rather Than Afraid
Trooper Brian Encinia could see that Bland, whom he stopped for failing to signal a lane change, was holding a cellphone, not a weapon.
Udderly indefensible facial recognition scandal may drive new privacy mooovement
Episode 262 of the Cyberlaw Podcast
North Dakota Makes it Harder for Police to Take Property Without a Conviction
Police had wide authority to seize assets without having to prove a crime even happened, but now the state is tightening the rules.
Houston Police Shot Man Killed in Fraudulent Drug Raid at Least Eight Times
Dennis Tuttle and his wife, Rhogena Nicholas, who was shot twice, were pronounced dead shortly after police invaded their home based on a "controlled buy" that never happened.
Spotted at a Neighborhood Restaurant
I e-mailed the restaurant management when I saw it several months ago; they apologized, and I haven't seen the problem recur.
Florida Men Screw Up Less Than Usual
The Florida Legislature had a heck of a week, passing everything from a major school choice program (yay!) to restricting the voting rights of felons (boo!).
Short Circuit: A Roundup of Recent Federal Court Opinions
The Punisher, compelled self-incrimination, and a unicorn amongst unicorns.
A Terminally Ill, Wheelchair-Bound Inmate Applied for Compassionate Release. The Justice Department Argued He Wasn't Dying Fast Enough To Qualify.
The FIRST STEP Act gives dying inmates the opportunity to appeal to a judge for compassionate release. This case shows why.
Did the Attorney General Commit a Crime by Lying to Congress?
Nancy Pelosi thinks so, but the relevant statutes suggest she is wrong.
Massage Parlor Surveillance Videos Can't Be Used in Court, Says Florida Judge
Plus: the biggest trouble with Devin Nunes' Twitter lawsuit, the Senate fails to override Trump's Yemen veto, bad news for the gig economy, and more...
Hate Speech on Social Media
Facebook bans Farrakhan, Yiannopoulos, and others, and come watch me talk about hate speech on social media at NYU
Police Union Protects Another Bad Cop, This Time Despite Domestic Violence Allegations
Thanks to a police union, Officer Darren Cachola has managed to stay on the force job despite a firing, brutality and abuse allegations, and a video of him punching his girlfriend.
Does Judge Robert Pitman's Opinion Enjoining Texas's anti-BDS Law Stand Up to Scrutiny?
Short answer: no, not even close
The ACLU is Suing D.C. Police for Searching a Home Without a Warrant
The Metropolitan Police Department was in the middle of a legal battle with the family when the warrantless search was conducted.
Save Stanford University Press
Stanford may be about to seriously damage one of the world's leading academic publishers, for what seem like very small budgetary savings.
National injunctions and equitable mootness
The Ninth Circuit orders briefing on whether one national injunction moots another
Circuit Split on Whether Autoerotic Asphyxiation = "Intentionally Self-Inflicted Injury"
And yet despite the split, I doubt that the Supreme Court would agree to take the case.
Planned Lone-Wolf (?) Jihadist Attack in L.A. Thwarted
"Domingo discussed with the [confidential informant] different targets for an attack, including Jews, police officers, churches, and a military facility."
