Madison Wept
And the senators said to the president, "pretty please?"
Criminal Justice
Paul Manafort Sentenced to Nearly Four Additional Years in Federal Prison Just as New York Files New Charges
Double jeopardy or a way of circumventing a potential Trump pardon? Or both?
Against (Most) Antitrust Law
The economic benefits of antitrust likely are not worth the costs.
The Washington Post Blames Obama for Fentanyl Deaths
The paper suggests that more drug law enforcement is the solution to a problem created by drug law enforcement.
In Defense of the Status Quo
The still-salient case for a biologically-based women's category in elite sport.
ACLU Sues Philadelphia Over Cash Bail Demands That Keep Poor Defendants in Jail
Magistrates are supposed to consider the financial concerns of people who come before them. Instead they're tossing them behind bars.
Watch N.J. Cop Throw Motionless Man to the Ground Before Dragging and Hitting Him: 'Get the Fuck Up'
The man wasn't moving, and didn't appear to pose any threat.
Trump's Budget Shortchanges the Prison Reform Bill He Signed
The FIRST STEP Act called for $75 million for reentry programs. It's not listed in the White House's summary.
On the Biology of Sex, Sex Differentiation, and the Performance Gap
Yes, it is all about testosterone.
Feds Say Ohio Vice Cop Andrew Mitchell Abducted Women and Forced Them Into Sex
Authorities wouldn't say whether the charges related to Donna Dalton, who was shot to death by Mitchell last August.
Here Is What Paul Manafort Was Convicted of Doing
The former Trump campaign chairman faces four years in prison, and possibly 10 more, for lying to lenders and the U.S. government.
Watch Missouri Police Search a Cancer Patient's Hospital Room for Marijuana
Spoiler alert: They didn't find any.
The ACLU's Shameful Role in Promoting Antisemitism
By falsely portraying state anti-BDS laws as requiring "loyalty oaths," the ACLU is appealing to latent and blatant antisemitism.
Paul Manafort's Lenient Prison Sentence Isn't the Travesty—the Rest of the System Is
The problem isn't that a judge went easy on a rich defendant. It's that mandatory minimums make it impossible to do the same in many other cases.
Short Circuit: A Roundup of Recent Federal Court Decisions
Salt storage, unspeedy trials, and cop-on-cop crime.
Georgia Universities Entitled to Reject Illegal Alien Applicants (Including DACA Recipients)
So holds the Eleventh Circuit, I think quite correctly.
Ilhan Omar's Israel Remarks Prompt Politicians to Bicker Over Who the Real Bigots Are: Reason Roundup
Plus: outrage over water bottles, and Cory Booker introduces the "next step" on criminal justice reform
California Supreme Court Turns Away Attempt to Keep Police Misconduct Records Sealed
A law that forced open decades of secret information about law enforcement behavior is slowly being implemented.
Scalia Law School Receives $50 Million-plus gift
A transformative gift from the estate of the late Judge Allison M. Rouse and Mrs. Dorothy B. Rouse
James Madison on Abuse and Usurpation
An essential distinction for understanding problems vexing the constitutional order
Florida Sentenced Nonviolent Drug Offenders to Decades in Prison. New Laws Could Change That
The passage of the bipartisan FIRST STEP Act in Congress and a struggling, expensive prison system have Florida lawmakers considering similar reforms.
Is the Expungement Provision of the Marijuana Justice Act Constitutional?
Can Congress order federal courts to expunge records, and can it do so without a motion?
Federal Judge Orders San Francisco To Fix Bail System that Keeps Poor People Trapped Behind Bars
Very high cash demands disrupt defendants' lives without improving public safety.
Pennsylvania Prosecutor Used Asset Forfeiture Funds To Lease SUV
County officials say the Lancaster County district attorney's use of $20,000 in funds intended for drug enforcement to lease an SUV is "improper."
The Executive Power Was an Empty Vessel
The three functions of a "complete" government. [UPDATE: This is Julian Mortenson's post, but I erroneously posted it at first under my own byline -- sorry about that!]
Relief for Victims of Pot Prohibition
Cory Booker's Marijuana Justice Act highlights the moral imperative of automatic expungement.
NYPD Banned Street Parking for Department Flag Football Championship, Says It 'Relocated' Violators' Cars
"This is a special event. This was the flag football championship," said NYPD Commissioner James O'Neill
Sacramento Police Detain Reporter Covering Stephon Clark Protests, Tie Hands Behind His Back
Police allegedly shoved a photographer to the ground with a baton as well.
From Momo to Hate Crimes, Skittles Parties, and Sex Trafficking, Fake News Is Clearly a Problem
Fake news is real. Momo is not.
Considering the Law and Politics of Presidential Impeachments
Constitutional Lawyers are Helpful, but Impeachments Require Politics in the Highest Sense
The Executive Power Is the Power to Execute the Laws
Sometimes simplest is best. [UPDATE: This is Julian Mortenson's post, but I erroneously posted it at first under my own byline -- sorry about that!]
Sneak-and-Peek Warrant for Hidden Cameras at Florida Massage Parlors Faces Scrutiny
We were told this sort of spying would only be used to stop terrorists. And yet...
Emory Academic Freedom/Free Speech conference: CLE credit available
Attention lawyers: CLE credit is available for the Academic Freedom and Free Speech on Campus conference, to be held at the Emory Conference Center (Atlanta, Ga.) from March 21 to March 23.
No Charges Against Police Who Killed Stephon Clark, but Anger Has Led to Important Reforms
After police killed an unarmed man in a backyard in Sacramento, outrage led to greater transparency about officer conduct.
Impeachments as a Political Remedy
Deciding When to Impeach Requires Political Judgment, Not Legal Skill
