Criminal Justice
Arizona Officials Insist That Dragging Migrant Children is Not Cause for Concern
The Maricopa County Sheriff's Office reluctantly turned over footage of shelter employees dragging, slapping, and pushing migrant children.
Sanctuary Cities Aren't to Blame for Killing of California Cop
The suspect's previous DUI arrests didn't even put him on ICE's radar.
Louisiana Police Spread Fake News About Zika-Infected Meth, Then Admit They Made It up for 'Attention'
The officer who cooked up the story adds that he collects "a lot of great (and incredibly raw) intelligence" by reading comment threads.
Court Stays Ruling Invalidating the Affordable Care Act Pending Appeal
In the midst of the holidays, Judge O'Connor paves the way for an appeal of his decision concluding all of the ACA is unlawful, while further demonstrating the weakness of his initial decision.
Short Circuit: A Roundup of Recent Federal Court Decisions
Tonal tightropes, regulatory time bombs, and a Southern soul music rivalry.
Broward Deputies Revise Active-Shooting Policy Following Parkland Flub
The Parkland shooting has led to policy changes, controversial court rulings, and even a free speech lawsuit.
'Monkey Business': Chris Brown Might Go to Jail Over His Adorable Pet
The punishment would certainly not fit the crime.
Hello, FIRST STEP Act! Goodbye, Jeff Sessions! The Year in Criminal Justice Reform
2018 was a mixed bag, but that means there was still a lot of good news.
Is There a First Amendment Right To Tell Your Team They 'Fucking Suck'?
Two brothers were arrested at a Giants-49ers game after cursing out and flipping off the Giants players. Now they're suing.
If Spreading Fake News on Facebook Is a Crime in Ohio, They Will Need More Jails
A Barberton judge just sentenced a woman to jail, house arrest, and a year without social media for repeating a rumor about a pellet gun at school.
Kansas Supreme Court Says Cops Can Search Your Home Without a Warrant If They Claim It Smells Like Pot
Cops supposedly smelled 25 grams of pot inside a plastic container inside a safe inside a closet 30 feet from a guy's doorstep.
Prison Food Is a National Tragedy
Jails and prisons are punishment enough without throwing dangerous and unhealthy food into the mix.
Understanding Why Judge O'Connor Was Wrong to Conclude Plaintiffs Had Standing to Challenge the Penalty-Less Individual Mandate
Judge O'Connor was wrong to conclude that two individuals who would prefer not to purchase health insurance had standing to challenge the law.
Short Circuit: A Roundup of Recent Federal Court Decisions
Almond milk, pee tests, and the Lorax doctrine.
A Law and Order Candidate Is Indicted for Committing a Crime
The man behind the "Deportation Bus" said he wanted to round up criminals. Looks like he should have started with himself.
Congress Ramps Up War on Sex Workers and Their Customers With Secret Votes on Four New 'Protection' Laws
A national strategy for arresting sex buyers and letting local cops wiretap sex workers are among the approved changes.
Supreme Court Should Clarify Second Amendment Test
Challenge to ban on interstate handgun sales would be a good vehicle.
Congress Passes FIRST STEP Act, Sending Criminal Justice Reform to Trump's Desk
"The most significant efforts the federal government will take to date to reduce federal prison populations after decades and decades of doing the opposite."
Gorsuch Challenges Blank Check for the U.S. Attorney General
A case to watch for both criminal justice reformers and for critics of executive overreach.
Syracuse Cops Force Doctors to Probe a Man's Rectum for Drugs, Then Bill the Man For It
Similar cases have resulted in huge lawsuits against hospitals and police departments.
Report: Imprisoning People Who Can't Pay Bail Costs America $15 Billion a Year
Taxpayers shell out big time to keep poor folks who haven't even been convicted of crimes behind bars.
Ohio Police Handcuff Black Man for Trying to Cash His Paycheck
In the absence of evidence, an innocent man was treated like a criminal.
You Can't Use FOIA to Get Someone's Tax Returns
A court rejects a clever effort to obtain President Trump's tax records
Senate Passes White House-Backed Criminal Justice Bill by Wide Margin
After weeks of work from advocates and a bipartisan group of lawmakers, the Senate voted to pass the FIRST STEP Act.
Everyone is Misreporting the Texas BDS Lawsuit
No, a Texas school district did not require speech pathologist Bahia Amawi to sign a "pro-Israel oath," nor even to promise not to personally boycott Israel.
Drunk Sheriff: 'I'm a Constitutional Fucking Officer. You Can't Take Me to Fucking Jail'
Spoiler alert: It didn't work.
Keep Feds Out of Cop Killer Cases
Sen. Tom Cotton pushes a poison pill amendment to a vital criminal justice reform bill.
Texas Woman, 61, Dies in Jail After Sitting There for Months over $300 Bail Order
She had a history of mental illness, and was arrested for misdemeanor trespassing in July.
How the 'Dead Suspect Loophole' Lets Texas Police Hide Records of Jail Deaths and Shootings
A Reason investigation of a notorious Texas public records loophole found 81 cases where police hid records of shootings and deaths in custody.
Happy Saturnalia!
We continue the longstanding Volokh Conspiracy tradition of celebrating this ancient Roman holiday.
New Draft Article: "Implementing Carpenter"
From my forthcoming book, The Digital Fourth Amendment.
Sex Workers Around the World Demand Decriminalization: Reason Roundup
Plus: Obamacare unconstitutional?
Did the Florida Supreme Court Just Give Cops More Leeway to Kill With Impunity?
The decision says a police officer, like any other Florida resident, has a right to a pretrial hearing on his self-defense claim.
Understanding the New Obamacare Decision, Texas v. United States: Part II
[Part of a continuing series of guest posts by Prof. Josh Blackman (South Texas College of Law). -EV]
Understanding the New Obamacare Decision, Texas v. United States: Part I
[A guest-post by Prof. Josh Blackman (South Texas College of Law), a noted expert on Obamacare-related litigation. -EV]
A "National Declaratory Judgment" in the ACA Suit?
What is the scope of the remedy in Texas v. United States?
California Will Keep Your DNA on File Even if You Haven't Been Convicted of a Crime
The Electronic Frontier Foundation, the Equal Justice Society, and others are challenging the practice in court.