The Liberal American Constitution Society Is Named After the Text …
... and the conservative Federalist Society is named after legislative history.
Criminal Justice
Cleveland Judge Says He'll Stop Sending People to Jail After 6 Inmates Die in 4 Months
Headlines like this are appallingly common.
Netflix Jail Documentary Misses the Big Question: Why Is This Happening?
First and Last ignores the absurdity that many of its subjects are imprisoned, not to mention Gwinnett County Jail's own troubled record.
A Short Response to Eugene's "Judicial Temperament" Post
Further thoughts on why Kavanaugh's testimony is disqualifying.
'Lie Detectors' Do Not Detect Lies
A polygraph test does not prove Christine Blasey Ford is telling the truth-or anything else.
Judge Kavanaugh, Judicial Temperament, and the "Circus"
Kavanaugh was correct: it was a circus. But he was the one who made it a circus - and for that (apart from anything that he may or may not have done in 1982) he should not be confirmed.
Fight Fizzles Before Police Arrive; Cops Start Tasing and Arresting People Anyway
Cops were greeted by a calm scene, but the situation quickly erupted into chaos.
No, We're Not on the Brink of Civil War. But the Reasons Why We're Not Are Far From Entirely Reassuring.
Contrary to the fears of some pundits, the U.S. is not on the brink of civil war. But the explanation for that is far from entirely reassuring.
Kanye West Doesn't Want to Bring Back Slavery. He's Trying to Abolish It for Good.
The 13th Amendment outlaws slavery, but not for prison inmates.
California Reforms Murder Laws to Require Defendants to Actually Play a Role in the Killing
Hundreds may see their sentences overturned or shortened.
The Case for Kavanaugh
How "judicial philosophy" figures into the decision to support or oppose a nominee.
Judge Willett and Justice Sotomayor Attack Qualified Immunity for Cops
A libertarian-leaning federal judge and a liberal Supreme Court justice both make the case against qualified immunity.
Californians Will Finally Get Access to Records About Police Misconduct
Gov. Jerry Brown signs bills dramatically increasing transparency about law enforcement behavior.
Why Supreme Court Confirmation Hearings Should be Treated as Job Interviews, not Criminal Trials
One of the points at issue in the debate over the sexual assault accusations against Brett Kavanaugh is whether the standards of proof used by the Senate should be those appropriate to a criminal trial or those of a job interview. The latter is the superior approach.
Maryland Misdemeanor Law
What Maryland calls "misdemeanors" is very different from what other states do.
Politico Symposium on the Ford-Kavanaugh Sexual Assault Accusation Hearing
The symposium includes contributions by various legal commentators, including Bruce Ackerman, Mari Matsuda, Deborah Rhode, and myself.
MAGA Hat and Colin Kaepernick Shirt Make Kanye West a One-Man Bridge Across Our Political Chasm
Politics is not solely red and blue. Or in this case, red and white.
Short Circuit: A Roundup of Recent Federal Court Decisions
Interviewing prisoners, Auer deference in criminal cases, and Rand Paul's neighbor.
The American Bar Association's Lack of Transparency
The ABA president called for a delay in voting on Kavanaugh's nomination, but the ABA refuses to provide any details about this decision
Nashville Cop Charged With Criminal Homicide for Shooting Man in the Back as He Fled
This might be the first time a Nashville police officer has been charged for an on-duty shooting.
Philadelphia Cops Arrested for Detaining a Man Without Cause
An investigation concluded that there was no way the officers could have seen a man using drugs as they said they did.
The Marine Le Pen Case Shows That Supposedly Enlightened France Treats Political Speech As a Crime and a Symptom of Mental Illness
The right-wing politician faces prosecution and psychiatric examination for posting pictures of ISIS atrocities.
New FBI Crime Report: Violent Crime Dipped Slightly Last Year
Jeff Sessions credits the dip to his tough-on-crime policies, but criminal justice groups say that's nonsense.
Despite Marijuana Legalization Successes, Police Keep Arresting Users
New FBI statistics for 2017 even show a small increase.
Timothy Diaz Sues Police Who Confused Him with Another Timothy Diaz
There are hardly any similarities between the 26-year-old suspect and the 53-year-old man who got arrested.
20 Years in Prison for Florida Man Who Swiped $600 Worth of Cigarettes
He has prior felony convictions, but 20 years still seems harsh.
Meet the Robot Lawyer Fighting Fines, Fees, and Red Tape
DoNotPay is launching a "denial of service attack on the legal system to make it better."
Jon Burge, Chicago's Most Famous Corrupt Cop, Is Dead at 70
Credibly accused, but never actually convicted, of torturing dozens of people to force confessions
After 27 Years, Golf Drawings Helped Clear a Convict of Murder
Valentino Dixon has been proclaiming his innocence for decades. After a golf magazine brought attention to his case, people started to listen.
California Eliminated Cash Bail. Now Activists and Defenders Have to Make Sure the Replacement Isn't Worse.
The Golden State has a year to implement a new pretrial system, and there's a fear it could lead to more detentions.
Sex Trafficking in San Diego Massage Parlors Blamed on U.S. Military
But the real problem here isn't human-trafficking troops, it's regulators raising crime panic.
2 Hours in Jail for Cop Who Killed Botham Jean. 2 Nights for People Protesting His Death.
The protesters may have broken the law, but two nights behind bars is a bit much.
Philadelphia Will Dismantle Its Asset Forfeiture Program and Pay $3 Million to Victims
A legal settlement guarantees reforms to what was once one of America's most egregious asset forfeiture programs.
California Police Chief Claims Legal Weed Delivery Could Lead to 'Assaults and Homicides'
It's a scare tactic, and an inaccurate one at that.
Texas Border Patrol Agent Confesses to Killing Sex Workers
A 10-year veteran of U.S. Customs and Border Patrol, Ortiz is also a "serial murderer" say Texas authorities.
A Banned Magazine Is Trying to Take Florida Prison System to the Supreme Court
Florida prisons completely ban Prison Legal News magazine. Now the publication is asking the Supreme Court to "vindicate the First Amendment."
Tiny Texas Town Officially Condemns Kneeling During the Anthem, Attacks Senate Candidate Beto O'Rourke
The controversy might be two years old, but that didn't stop the Reno City Council from weighing in.
Pot Is No More Relevant to the Shooting of Philando Castile Than It Is to the Shooting of Botham Jean
An NRA spokesperson correctly says marijuana is not "germane" to Jean's death but keeps bringing it up when discussing Castile's.
