Criminal Justice
Opening a File After A Hash Was Made and Matched to Known Image of Child Pornography is Not a "Search," Fifth Circuit Rules
An interesting case applying the private search reconstruction doctrine.
Massachusetts Cop Pleads Guilty to Pocketing $11,000 for Hours He Didn't Work
Kevin Sweeney pleaded guilty to fraud. He is the sixth state trooper to be accused of lying to get more overtime.
Short Circuit: A Roundup of Recent Federal Court Decisions
MacGyver, Rumpelstiltskin, and a whole bunch of attorneys behaving badly.
Will California's Proposed Bail Reforms Lead to More People Behind Bars?
Changes in a bill have caused civil rights representatives to take a step back.
"Sex Pigs Halt Traffic After Laser Attack on Pokémon Teens"
I agree with Glenn Reynolds (InstaPundit) -- this is indeed the best headline I've seen all the week.
Another EPA Loss in Court
For the second time this week, a federal court has rejected the EPA's effort to delay an Obama Administration rule.
Police Raided Their Home and Business, Seized Their Money, and Nearly Ruined Their Lives Over Some Weed
After two years of fighting in court, a California couple is getting back $53,000 that was seized from them through asset forfeiture.
Public Utility's Recording of Home Energy Consumption Every 15 Minutes Is A "Search," Seventh Circuit Rules
An important ruling in the wake of Carpenter v. United States.
Federal Court Rejects EPA Attempt to "Suspend" WOTUS Rule
The Trump Administration faces another legal setback in its effort to reform federal environmental regulation.
"Rock & Roll Judges"
A fun article by Jeff Breinholt, describing how judges (and which judges) have been citing rock lyrics.
Arizona Lawyer Accused of Misconduct for Releasing Video of Police Beating His Client Bloody
Is police body cam footage part of the "public record"?
Andrew Cuomo's Accidental Crime
New York's governor shouldn't be punished for unknowingly breaking the law, and neither should anyone else.
UCLA Law #11 in Scholarly Impact Rankings
GMU, another school well-represented on the blog, is #19, well above its U.S. News ranking.
Michael Drejka, Who Supposedly Could Not Be Arrested for Killing Markeis McGlockton, Is Charged With Manslaughter
Sheriff Bob Gualtieri misrepresented Florida's self-defense law while passing the buck to State Attorney Bernie McCabe.
Baltimore Cop Quits After Pummeling a Man for Disrespecting His Authority
The Saturday incident immediately prompted an investigation because it was captured on bystander video.
"US Court Authorizes Service By Twitter on Wikileaks"
A very interesting post by Ted Folkman (Letters Blogatory).
Reviews of Genesis 1-11
Reviews in New Blackfriars and the Journal of Northwest Semitic Languages
Short Circuit: A Roundup of Recent Federal Court Decisions
Prolonged hostilities, threatening to complain about the police, and officers who don't turn on their recording equipment.
Rod Rosenstein Defends Bad Forensic Science
Experts warn against forms of forensic evidence that haven't been validated, but the deputy attorney general thinks that's an "erroneously narrow view."
Why Would a Mother Throw Her Kids Off a Bridge?: Podcast
A conversation with Nancy Rommelmann about her new true crime book, To the Bridge
Los Angeles Sheriff's Department
L.A. Deputy Faked Evidence—but Was Still Used as a Witness in Criminal Cases for Years
Thanks to California's union-backed secrecy laws, prosecutors and defenders alike don't know about police misconduct.
Creativity and Copyright in the Data Age
Does the rise of data-driven authorship change our intuitions about intellectual property? Does it matter?
Arkansas Judge Sued Over Ruthless Cycle of Jailing of Those Who Can't Pay Fines for Minor Crimes
In many cases the sentence for missing a payment is harsher than the original conviction.
Death Row Inmate to State: Just Kill Me Already
Convicted murderer Scott Dozier has already had his execution postponed twice. He says the state should "just get it done."
As Prisoners, They Can Help Fight California's Huge Wildfires. As Free People, They're Banned From Being Firefighters
California's licensing laws make it almost impossible for individuals with criminal records to become professional firefighters.
Impeachment Proceedings Against All Four West Virginia Supreme Court Justices
"The articles of impeachment charge Chief Justice Margaret Workman and Justices Robin Davis, Allen Loughry and Beth Walker with maladministration, corruption, incompetency, neglect of duty and certain high crimes." (The fifth Justice has already resigned.)
Copyright and (Un)Human Creativity
What does the rise of data-driven authorship mean for the future of art, culture, and intellectual property rights?
The Department of Education's Obama-Era Initiative on Racial Disparities in School Discipline: Wrong for Students and Teachers, Wrong on the Law—Part 3
Title VI is not a disparate impact statute, and executive agencies do not have the authority to transform it into one through rulemaking.
Mindgeek, or the Biggest Digital Streaming Platform You've Never Heard Of
The undisputed emperor of online adult entertainment, Mindgeek is a master at gathering and using data to structure and produce content.
To Our Lawyer Readers: Any Ideas I Can Use in a Writing Competition?
I'm trying to put on a 2L/3L short writing competition -- just a week, for a short brief based on a short problem.
Michigan Cop Forced an 80-Year-Old Great Grandmother To Spend a Night in Jail Over an Expired Medical Marijuana Card
Arthritic granny spent a night in the clink over lapsed paperwork
Federal Judges Order New Orleans Courts to Stop Shaking Down Citizens with Fees, High Bail
When half of a court's funding comes from criminal defendants, incentives get twisted.
NYC Guarantees Free Phone Calls for Inmates
New York, where three-quarters of inmates in city jails haven't been convicted, is the first city in the nation to do this.
Rare Obscenity-as-to-Minors Conviction for Showing a Non-Porn Movie
A 2016 Ohio appellate case I recently came across.
From Red Envelopes to Red Carpets: How Netflix Conquered Hollywood
William Goldman famously said about Hollywood that "nobody knows anything." But thanks to streaming and the data it produces, Netflix knows a lot.
The Justice Department Didn't Charge Him With a Crime. It's Going to Take $39,000 from Him Anyway.
It's not a crime to travel with lots of cash. But you still might be treated like a criminal.
Duke Historian Nancy Maclean's Wacky Conspiracy Theory
The Koch-Trump feud is just part of the conspiracy to amend the Constitution in talk show host Mark Levin's image.
Welcome, Streaming Addicts, to the Age of Data-Driven Creativity
Also known as the "Second Digital Disruption."
Careful with Filing Sealed Documents
For the third time in the last three weeks, I've noticed federal court documents that were supposed to be filed sealed but weren't. UPDATE (Monday, Aug. 6): Just came across a fourth instance, in a state trial court.
Short Circuit: A Roundup of Recent Federal Court Decisions
Grenades, machine guns, 3D printed guns, a tranquilizer gun, machetes, duct tape, and a long blonde wig.
Who Was Right About the Emoluments Clauses? Judge Messitte or President Washington?
[I'm delighted that Profs. Josh Blackman and Seth Barrett Tillman, have passed along this response to the recent decision in the Emoluments Clause litigation against President Trump; naturally, I'd be delighted to post a response in turn from their adversaries. -EV]
Sugar Town Puts Louisiana Police Misconduct in the Spotlight
Investigation Discovery documentary details the shooting death of a young man in police custody, absurdly framed as a suicide.
An Oregon Deputy Steals and Sells a Dead Man's Guns
Sean Thomas Banks assured the family he was taking them for "safekeeping."
Do Law Schools Discriminate Against Conservatives and Libertarians in Faculty Hiring?
A new study finds evidence that they do.
