Does New Law Take Time to Become "Clearly Established"?
A fascinating question about qualified immunity law.
Criminal Justice
Federal Circuits and the Second Amendment in 2018
Good decisions in some cases, judicial nullification in some others.
When Asking for Amicus Briefs, Give Plenty of Lead Time
Parties sometimes wait until their brief is filed before asking for an amicus brief -- but that usually leaves just days or at most a few weeks for the amicus to write the brief.
"Doctors Saved Man's Life by Pumping 15 Cans of Beer Into His Body"
Apparently he was suffering from methanol poisoning his liver, and administering ethanol seems to make the methanol less harmful.
Short Circuit: A Roundup of Recent Federal Court Decisions
Desperate circumstances, deceptive edits, and the rule of orderliness.
Harris County, Texas, Flashpoint of Bail Reform Battles, Will Mostly Eliminate Cash Demands in Minor Cases
Lawsuits playing out for three years spotlight how poor people end up trapped in jail even before being convicted.
Watch a Florida Cop Botch a Drug Field Test on Video, Then Arrest an Innocent Man
The same officer was fired last year after video of him allegedly planting drugs in a car during a traffic stop emerged.
California Voters to Decide the Future of Their State's Bail System
Industry representatives succeed in forcing a referendum on reforms passed by lawmakers.
No, Gov. Cuomo, Journalists Shouldn't Be an Extra-Protected Class: Reason Roundup
Plus: Rand Paul has "never been prouder" of Trump, the Women's March clashes with the Park Service, and Vegas' first Stripper Parade & Expo is coming soon.
Los Angeles Sheriff's Department
L.A.'s New Sheriff Rehires Deputy Fired for Alleged Stalking, Abuse
Out with the old cronies. In with the new ones?
Did SCOTUS Just Rule That Pickpocketing Is a 'Violent Felony'?
Justice Sonia Sotomayor has some concerns.
Judge Rules Police Cannot Require People to Unlock Their Own iPhones With Thumb or Iris
Compelled use of facial and finger recognition features runs afoul of the Fifth Amendment.
How Scientology Recruits Inside Florida Prisons
Criminon says it's a secular program to rehabilitate inmates, but critics say it's a recruiting pitch for Scientology.
Attorney General Nominee William Barr Defends Long Prison Sentences, But Says He's Open to Reforms
"As a system, it's working," Barr says of the criminal justice system. "It's not predicated on racism."
The Supreme Court's First Divided Opinion of the Term
A 5-4 decision, but not along the lines we usually expect.
At Least One Cheer for Law Reviews
Law reviews as venue for scholarship come under a lot of justified criticism, but at least the editors check the footnotes
Search Warrants and Compelled Biometric Access to Phones
A new ruling, and some (mostly critical) thoughts.
Today the National Injunction Batted .500
One judge grants a national injunction, another declines to
Why the FBI's counterintelligence probe of President Trump should be investigated
If no President is above the law, does that mean no President is above the FBI?
Supreme Court to Consider Whether Police Can Order Blood Draws from Unconscious Drivers
Warrantless "implied consent" laws are under review over Fourth Amendment concerns.
Jeff Sessions Deals One More Blow to Criminal Justice Reform on His Way Out the Door
The former Attorney General has made it much for difficult for the DOJ to crack down on police departments accused of civil rights violations.
Liberty Has a New Champion on the Federal Bench
Don Willett has championed economic freedom and accountability for cops.
70 Years After They Were Wrongly Imprisoned, the Groveland Four Have Been Pardoned
The criminal justice system failed four black men after a white woman accused them of rape.
Short Circuit: A Roundup of Recent Federal Court Decisions
Sovereign immunity, absolute immunity, qualified immunity, and the agora of the digital age.
California Police Fight To Stop New Law Releasing Their Misconduct Records
A new year brings new transparency, and new lawsuits to try to limit it.
Textual analysis of HR8, bill to "To require a background check for every firearm sale"
Bill about gun "sale" turns ordinary gun loans into felonies, bans handguns for young adults, and authorizes unlimited fees.
Does Legalizing Marijuana Cause 'Sharp Increases in Murders and Aggravated Assaults'?
The link that Alex Berenson perceives between cannabis and violence is not apparent in careful research on the issue.
Kamala Harris' New Book Tries to Massage Her Record as a Prosecutor, But the Facts Aren't Pretty
The book neglects to mention all the times Harris' office appealed cases that were thrown out for gross prosecutor misconduct.
"Pay no attention to the guns, the flashbang, and the handcuffs. You're free to go at any time."
Episode 245 of the Cyberlaw Podcast
Disgraceful!
The National Association of Scholars is sponsoring a conference this upcoming weekend at Chapman University in Orange County, California on "disgrace as a tactic of the progressive left, and the real disgrace that falls on colleges and universities that countenance such tactics."
Gorsuch and Sotomayor Join Forces in Defense of Sixth Amendment Rights
It's not the first time the two justices have teamed up on a criminal justice case.
Prison Guards Orchestrate Media Campaign To Complain About Inmates Getting Edible Food for Christmas
Federal shutdown politics leads to really bad journalism about exactly two meals.
Video: Arkansas Cop Casually Shoots a 9-pound Dog
"OK, I'm going to come to you, and if your dog gets aggressive, I'm going to shoot it."
Short Circuit: A Roundup of Recent Federal Court Decisions
A blind websurfer, an accidental No Fly List designation, and a threat-inducing photocopy.
A Colorado Man Wins $175,000 After His 'Fuck Bad Cops' Sign Prompts a Tasing
Body cam footage shows the officer getting chewed out by his supervisor shortly afterward.
Laws Banning Organ Markets Kill Even More People than Previously Thought
New analysis finds that thousands more die every year because the law forbids purchase of the kidneys they need to survive.
After Being Sent Back to Federal Prison Because of an 'Error,' Matthew Charles Will Be Freed Again
Charles may be the first person to benefit from the sentencing reductions in the FIRST STEP Act.
Ex-Sheriff David Clarke, Defender of Harsh Prisons, Whines about Manafort's Jail Treatment
Meanwhile, meet a psychologically scarred man who disfigured himself while serving 22 years in solitary in Illinois.
D.C. Police Bragged About Busting an 'Illegal Narcotics Pop-Up Operation.' Or As You Might Call It, Some People Selling Weed.
"Must've taken some real investigative prowess to pull this off."
Are We About to See a Wave of Police Using 'Victim's Rights' Laws to Keep Conduct Secret?
A second cop in South Dakota is keeping his name concealed from the public after a fatal shooting.
