Criminal Justice
Lawsuit Seeks Class Action Status for Students Whose Due Process Rights Were Violated During Title IX Investigations
The lawsuit alleges that MSU has denied due process rights to student defendants in order to placate critics of its sexual assault policies.
This Cop Is Getting $2,500 a Month Because Killing an Unarmed Man in a Hotel Hallway Gave Him PTSD
Phillip Brailsford was acquitted of murder for a shooting captured on video that subsequently drew national outrage. Now he's getting paid for it.
Florida Sheriff Deputy Arrested After Planting Drugs on Innocent People
Reason uncovered body camera footage of the officer lying about a roadside field test for drugs.
The Property-in-Property Problem in Fourth Amendment Law
A tale of two new cases on your constitutional rights when you leave your backpack with your drugs in someone else's car.
Corpus Linguistics in Court?
Two Sixth Circuit judges debate the issue, in an opinion filed today.
Malcolm Gladwell Took the LSAT. But What Did We Learn?
Thoughts on Gladwell's recent podcast on legal education.
Judge Blocks DOJ's Attempt to Switch Lawyers in the Census Citizenship Question Case
The DOJ's attempt to introduce an entirely new team of lawyers to work on the citizenship question case is rejected - correctly - by the SDNY.
Trump—Who Once Said Jeffrey Epstein 'Likes Beautiful Women as Much as I Do'—Moves to Distance Himself From the Disgraced Palm Beach Billionaire
Plus: Gabbard slams Harris' "political ploy," a fair use win for Vanity Fair and Andy Warhol, Hawaii decriminalizes marijuana, and more…
Government-Run Fora on Private Platforms, in the @RealDonaldTrump User Blocking Controversy
Whether the First Amendment applies generally turns on who is imposing a restriction (the government vs. a private party), not on whether the speech is on public or private property.
California Lawmakers Pass Bill Limiting Police Use of Deadly Force
Officers will now have to argue that killing was necessary and not just say they had a fear they were in danger.
An Iowa Man Wins His Free Speech Suit After Being Charged for a Facebook Rant Against a Cop
Jon Goldsmith was charged with third-degree harassment after calling Deputy Cory Dorsey a "stupid sum bitch" online.
Is social media a disease, and how do we treat it?
Episode 271 of the Cyberlaw Podcast with Glenn Reynolds
On the Eve of Oral Argument in Texas v. U.S.
A quick round up and response to Josh Blackman and Randy Barnett
Is Facial Recognition the New Fingerprinting—or Something Much Worse?
State DMVs are building a vast national digital identification database for federal law enforcement.
U.S. Citizens Are at Risk of Detention and Deportation
Increased immigration enforcement at times sweeps in Americans
My Concluding Thoughts on Severability in Texas v. U.S.
Severability doctrine & the ACA findings seem to support Judge O'Connor's ruling
Jeffrey Epstein in Court Today on Sex Trafficking Charges
Plus: How the French could kill U.S. speech, do economic centrists exist?, and more...
The Law of the Ice Cream Tub Licker
Licking an ice cream tub in a supermarket and putting it back -- is that second-degree felony "tampering with consumer product" in Texas?
Venezuelan Government Uses Arbitrary Arrests, Torture, and 'Death Squads' to Keep Order, U.N. Finds
A new report from the U.N.'s High Commissioner for Human Rights finds a "shockingly high" number of politically motivated extrajudicial killings.
Court Says Purdue Violated Student's Due Process Rights
"Purdue's process fell short of what even a high school must provide to a student facing a days-long suspension."
Short Circuit: A Roundup of Recent Federal Court Decisions
Cell phone radiation, bikini baristas, and an onslaught of horribles.
She Told Him to Kill Himself. He Did. Should She Be Held Responsible?
HBO documentary explores teen’s culpability in boyfriend’s suicide.
Are Con Law Professors Wrong Again About the Individual Mandate?
The state AG's current challenge to Obamacare is stronger than they say
What the Declaration of Independence Said and Meant
It officially adopted the political theory of the United States: securing the individual rights of We the People
Here's What's Standing in the Way of Your Independence Day Fireworks
From fireworks task forces to local snitches.
Alabama Prosecutor Will Drop Charges Against Marshae Jones for Miscarrying After She Was Shot
Sanity prevails (for now) in Alabama case that sparked national outrage.
Indiana Is Still Arguing That It's Constitutional To Seize Your Car for Driving 5 MPH Over the Speed Limit
"Historically the answer to that question is yes, and we're sticking with that position here."
Police Agree To Pay Woman $750,000 After Raiding Her House and Killing Her Dog Over an Unpaid Gas Bill
The case highlights the dangers of using SWAT teams for anything and everything.
A Louisiana Cop Is Out of Prison Early After Fatally Shooting a 6-Year-Old
Two police officers fired 18 bullets into a car even after the driver put his hands in the air.
Defense Department Computer Network Among Top Sharers of Child Pornography
Plus: Florida legalizes vegetable gardens, Facebook bans anti-voting ads, and more...
Pennsylvania Passes Clean Slate Act, Will Seal More Than 30 Million Criminal Records
The law will reopen critical channels to employment and housing that might otherwise be closed.
New Law Stops IRS From Stealing People's Money Simply Because It Deems Their Bank Deposits Suspiciously Small
A provision of the Taxpayer First Act requires evidence of other illegal activity for seizures based on "structuring" and mandates prompt hearings.
California Police Agencies Were Supposed To Make Misconduct Records Public. Why Isn't It Happening?
Media outlets are seeing foot-dragging, destroyed records, and demands for big money for compliance.
Drunk Driving, Blood Draws, and the Fourth Amendment After Mitchell v. Wisconsin
The Supreme Court deals with the unconscious driver.
The FBI Hopes These Cute Puppies Will Distract You From Unconstitutional Civil Asset Forfeitures
Surrender the Fifth Amendment or the dog dies.
Questioning the Political Question Doctrine
The Supreme Court has used this doctrine for many years, including in the recent gerrymandering decision. But it still doesn't actually make any sense.
Short Circuit: A Roundup of Recent Federal Court Decisions
Citations to nowhere, satanic cardigans, and untested rape kits.
Can Federal Partisan Gerrymandering Claims be Brought in State Court?
A strange ambiguity about yesterday's decision in Rucho v. Common Cause
Enumerated Powers and the Census Case
The Supreme Court was right to rule that the administration's rationale for adding a question about citizenship to the Census was bogus. But it would have done better to rule that inclusion of the question was beyond the scope of the federal government's enumerated powers.
Facial Recognition Tech Straight Out of 'Robocop' Could Be a Real Threat to Civil Liberties
As governments and law enforcement agencies rush to incorporate facial recognition tech, California lawmakers have a chance to slam on the brakes.
