Criminal Justice
Can a Constitutional Amendment Forestall the Threat of Court-Packing?
Jim Lindgren proposes a constitutional amendment banning court-packing. I'm all for it. But it can only pass if liberal Democrats get some reciprocal concession to support it.
Short Circuit: A Roundup of Recent Federal Court Decisions
Public defender shortfalls, warrantless rental inspections, and juveniles in solitary confinement.
'Florida's Worst Cop' Is Back on the Job…Again
Three arrests and six firings are not enough to keep Sgt. German Bosque from police work.
Writer Stephen Elliott Sues Over 'Shitty Media Men' Spreadsheet: Reason Roundup
Plus: libertarian accounts purged from Facebook?
Amicus Brief on Burdens of Proof for Compelled Decryption
The burden of proof matters, and it's an issue of first impression in appellate courts.
U.K. Supreme Court: Baker Doesn't Have to Place Pro-Gay Marriage Message on Cake
But the ruling isn't based on free speech or religious liberty
Michael Bloomberg Is No Defender of the Constitution
The former New York mayor's authoritarian record shows he has no real love for America's founding document.
Strip Club Staffers Arrested With Stormy Daniels Sue, Claiming Cops Lied As Republican Retaliation
Police initially said the arrests were part of "a long-term investigation into...human trafficking" and prostitution.
President Trump and Kanye West Talk Prisons, Flyness, and Stop and Frisk
The pair discussed reforms at the White House.
Washington State Supreme Court Strikes Down Death Penalty
According to the court, "The death penalty is invalid because it is imposed in an arbitrary and racially biased manner."
The Supreme Court Will Hear Two Big Criminal Justice Cases Later This Year
The Court could strike a major blow for civil asset forfeiture reforms in the states and finally do away with an awful double jeopardy loophole.
NYPD Cop Caught on Video Punching, Tasing 85-Pound Man With Health Problems
It's pretty obvious that the 4'8" William Colon didn't pose a serious threat to any of the 8 cops on-scene.
Trump Adviser's 3rd-Grade Teacher Dishes: Look How Weird He Was at Age 8
Oddly enough, not in The Onion!
Cops Stop Teen for Suspected 'Truancy,' End Up Pepper-Spraying Him
"He did absolutely nothing wrong," one witness said.
Question About Federal Circuit, Sealed Cases, and Veterans Benefits
Seeking help from our readers ....
U.S. Prisons Held At Lest 61,000 Inmates in Solitary Confinement Last Year
Supreme Court Justice Sonia Sotomayor: "Keeping prisoners in 'near-total isolation' from the living world [...] comes perilously close to a penal tomb."
Pennsylvania's New $4 Million Prison Mail System Brings Privacy Concerns
Civil liberties lawyers worry that sensitive documents could end up in the wrong hands.
Desperate to Keep His Seat, Ted Cruz Gets Dumber and Dumber on Criminal Justice
The Texas senator's authoritarian attacks on Beto O'Rourke short-circuit rational discussion of police shootings, drug policy, and sentencing reform.
Detroit Cops Charged With Home Invasion Thanks to Body Cam Footage
This is how the system is supposed to work.
Most ICE Detainees Aren't Criminals, Report Reveals
As if we needed any more evidence that the vast majority of undocumented immigrants aren't bringing crime into the country.
This Is How Sex-Trafficking Panic Gets Made
Plus: fight against FOSTA continues and Tennessee trooper reports Democrat for visiting falafel restaurant.
"The Unintended Consequences of 'Ban the Box': Statistical Discrimination and Employment Outcomes When Criminal Histories are Hidden"
Efforts to help ex-offenders by making it difficult for employers to find out about a job applicant's criminal record can backfire.
Is the Supreme Court Going to Suffer a Crisis of Legitimacy?
Predictions to that effect may turn out to be overblown. But we should still take the threat of "court-packing" and other drastic measures to to reduce the Court's power seriously.
Gorsuch and Sotomayor Fault Congress for Giving 'a Blank Check to the Attorney General'
SCOTUS weighs congressional power, criminal law, and the non-delegation doctrine in Gundy v. U.S.
Sugar Babies, Sexual Assault Claims, Takedown Demands, and Microaggressions
All together, in a Minnesota Court of Appeals decision handed down today.
The Officer Who Killed Tamir Rice Found a Police Chief Willing to Hire Him
It's hard to get rid of bad cops, especially when there are leaders willing to excuse deadly incompetence as an innocent mistake.
Authenticity and Truth in the #MeToo Era
You'll never know for sure what's in someone else's heart. But forgiveness can be as much about what we owe ourselves as what someone else deserves.
Politico Symposium on Kavanaugh's Confirmation
I have a contribution in it, along with a variety of prominent legal scholars and commentators.
Quick -- Do You Remember the Text of Section 2 of the Fourteenth Amendment?
"Ginsburg Forgets 14th Amendment, Audience Has To Give Her Constitution," says a Daily Wire headline -- but the story doesn't mention this was section 2,
Should Law Professors Sign Letters on Public Issues if They Don't Fully Agree with the Letters?
I don't sign such letters unless I fully agree with every assertion made.
A Video Showing Deputies Laughing While a Prisoner Overdoses Leads to Wrongful Death Lawsuit
Rather than seeking medical attention for an inmate, 3 sheriff's deputies made jokes at his expense.
Short Circuit: A Roundup of Recent Federal Court Decisions
Butter grades, toxic coal ash, and Stairway to Heaven.
Chicago Police Officer Jason Van Dyke Convicted of Second-Degree Murder for Killing Laquan McDonald
Also found guilty of 16 counts of aggravated battery, one for each bullet he fired.
Brett Kavanaugh's Emotions Don't Disqualify Him, but His Inflammatory and Evasive Strategy May Be Another Matter
While the Supreme Court nominee's anger and frustration last week were understandable, his tactics were troubling.
The Liberal American Constitution Society Is Named After the Text …
... and the conservative Federalist Society is named after legislative history.
Cleveland Judge Says He'll Stop Sending People to Jail After 6 Inmates Die in 4 Months
Headlines like this are appallingly common.
Judge Rules Against Woman Mauled by Police Dog Because She Wasn't the Intended Target
Mara Mancini was seven months pregnant when she was attacked by a police dog chasing a suspect on foot.
Netflix Jail Documentary Misses the Big Question: Why Is This Happening?
First and Last ignores the absurdity that many of its subjects are imprisoned, not to mention Gwinnett County Jail's own troubled record.
A Short Response to Eugene's "Judicial Temperament" Post
Further thoughts on why Kavanaugh's testimony is disqualifying.
Black Man Cuffed on His Own Property While Moving Into New Home
"I'm being handcuffed right here on my own damn property," Karle Robinson said while watching body camera footage of the incident.
Texas Students Will Now Learn How To Survive a Police Stop
A new class about what to expect at a traffic stop is being mandated for all high school students.
Police Send Helicopter to Disperse Drunk College Students
When the ground strategy failed, police turned to the air.
