Criminal Justice
Just in Time for National Bourbon Day (June 14), a Bourbon Trademark Case
Crafted with love in the cellars of the Sixth Circuit.
Hawaii Mismanaged Asset Forfeiture Program, Audit Finds
A state audit finds the Aloha State isn't keeping track of the stuff it seizes.
Short Circuit: A roundup of recent federal court decisions
Dangerous tennis shoes, a magnificent distillery, and bad advice from the IRS.
Manafort Sent to Jail over Accusations of Witness-Tampering
Bail revoked for breaking one of the fundamental rules: Don't meddle with the court case.
Trump Says Comey 'Totally Protected Hillary' but Was Fired for Actions That Hurt Her
The president reverts to his original, highly implausible excuse for dismissing the FBI director.
How Do the States Have Standing to Challenge an Unenforced and Unenforceable Mandate?
There is no longer any legal or financial consequence for failing to comply with the individual mandate, so how are states (or anyone else) harmed by it?
The Case Against Qualified Immunity, Part V
Today, I suggest ways the Supreme Court might adjust qualified immunity doctrine to comport with evidence of its role in constitutional litigation, and ways lower courts might resolve qualified immunity motions to mitigate some of the worst aspects of the doctrine.
Encryption Wars Ramp Up As Apple Improves Phone Security
Law enforcement is upset, but data security is vital to prevent crimes.
Is Criminal Justice Reform Leaving Small and Rural Communities Behind?
A new report shows that the recent trend of reducing prison populations is heavily an urban phenomenon.
New Study Suggests College Rape Prevention Programs Don't Work
Good intentions may backfire on campus.
The Case Against Qualified Immunity, Part IV
Although some have argued that qualified immunity encourages constitutional innovation, this defense of qualified immunity should not save the doctrine from the chopping block.
Strange Bedfellows Join on Severability in the Latest ACA Case
There's room for reasonable disagreement on many aspects of the latest ACA litigation, but the severability question should be clear.
Should California be Broken Up?
A plan to divide California into three states will be on the state's referendum ballot in November. If it passes and is approved by Congress, it could potentially be a significant change for the better.
Deerfield, Illinois, gun confiscation law is blocked by state court
A Chicago suburb's law to confiscate firearms and magazines has been blocked by a temporary restraining order.
The Case Against Qualified Immunity, Part III
The Supreme Court should do away with or restrict qualified immunity because, in Justice Sotomayor's words, it "renders the protections" of the Constitution "hollow."
Local News Uncritically Publicizes Mother's Kidnapping Freakout
A mom says her daughter was almost abducted at a rest stop. That's a stretch.
Trump Should Hurt Sessions by Helping Drug Offenders
Commutations for people serving absurdly long sentences would be a great new way to torture the attorney general.
The Case Against Qualified Immunity, Part II
Although the Supreme Court says qualified immunity is necessary to protect government officials from financial liability and the costs and burdens of litigation, all available evidence suggests the doctrine fails to achieve these intended policy goals.
The Clever Red State Lawsuit Against the Individual Mandate, and the Justice Department's Disappointing Response
The latest state challenge to the ACA is clever. The Justice Department's response is not.
The Case Against the Case Against the Mueller Investigation
Noted attorney George Conway dismantles the constitutional arguments against Special Counsel Robert Mueller's investigation
The Case Against Qualified Immunity, Part I
If the Supreme Court takes Justice Thomas's suggestion to reconsider qualified immunity and takes seriously available evidence about qualified immunity's historical precedents and current operation, the Court could not justify continued existence of the doctrine in its current form.
My Guest Appearance on First Mondays: "Stale Cake"
I discuss last week's Supreme Court opinions and much more with Professors Dan Epps and Ian Samuel.
Short Circuit: A roundup of recent federal court decisions
Defamation insurance, child labor, and a virulently racist attorney.
On This Day in History: The Curious Death of George Wythe, Founding Father and Nation's First Law Professor
Did his murderer walk because Virginia law did not permit African Americans to testify against whites?
Expect Fully Legal Weed Within 5 Years, Says Former Top Pharma Lobbyist and Congressman Billy Tauzin
He has been a Democrat, a Republican, a lobbyist, and a cancer survivor. Now he wants to end the war on weed.
Trump to Kneeling NFL Players: Tell Me Who I Should Pardon
The president has discovered the power of the pardon. Could that make this a moment for criminal justice reform?
Georgia Cops Jail an Elderly Woman for Mouthing Off to a Code Enforcement Officer
A 75-year-old woman who threatened to call a code enforcement officer's supervisor ended up in jail.
Brazilian Anthropologists Say Killing Twin, Disabled, or Transgender Children (Even When Their Parents Object) Ought to Be Tolerated, So Long as the Perpetrators are from One of Those … Er … Unassimilated Indigenous Tribes
And woe to anyone who attempts to inform tribal members that there may be alternatives to their traditional practices.
Lawsuit Against Snapchat Encouraging Speeding Can Proceed
The Georgia Court of Appeals rejected Snapchat's federal 47 U.S.C. sec. 230 defense, though Snapchat may still win under Georgia law.
Kim Kardashian West Asked Trump to Commute Alice Johnson's Life Sentence. He Just Did.
Leave it to Kim Kardashian West to secure freedom for a prisoner of the drug war (seriously, she's good at it).
Recalling Aaron Persky, the Judge Who Showed Brock Turner Leniency, Is a Mistake That Will Haunt Progressives
California voters just encouraged judges to show no mercy.
(When) Should Lower Courts Try to Predict Supreme Court Rulings?
A plea for a more refined view, inspired by yesterday's decision in Hughes.
D.C. Candidates Battle Over Decriminalizing Sex Work
With the D.C. primary approaching, candidates are quizzed on a bill that would decriminalize prostitution in the district.
Parkland Activist David Hogg Victim of 'Swatting.' Was It Attempted Murder?
Filing false police reports isn't funny. It can get people killed.
Did Trump Obstruct Justice? Does It Matter?
Conduct that does not meet the legal criteria for an obstruction charge could still be serious enough to justify impeachment.
Lifetime Sex Offender Registration for 18-Year-Old Who Chatted Online with 15-Year-Old
Actually having sex would just be a misdemeanor.
