Harold Demsetz, R.I.P.
The loss of a great economist and important property rights theorist.
Criminal Justice
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.
The Number of Men in Federal Prison for Viewing or Sharing Child Pornography Has Nearly Septupled Since 2004
Most are serving mandatory minimums, usually for crimes that did not involve assault or sexual abuse.
The Ever-Shifting Definition of "Assault Weapons"
The phrase has been used to promote bans on almost every type of gun.
Article III Standing in Frank v. Gaos
Why I think there is standing: Think property, not privacy.
Trump's Syria Withdrawal Does Nothing to Restore Constitutional Limits on Presidential War Powers
While the Syria intervention lacked proper congressional authorization, constitutional considerations had nothing to do with Trump's withdrawal decision. Indeed, his administration has doubled down on Obama-era arguments asserting broad presidential authority to initiate military interventions.
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.
