Pennsylvania Officer Tases Suspect in the Back Because He Didn't Cross His Ankles Quickly Enough
"Oh come on, bruh. You're really going to tase him? He was sitting down. That's crazy. That's why I record everything."
Criminal Justice
Cops Arrested a Black Man. He Called Them Nazis, So He Was Charged With a Hate Crime.
"This is not what the hate crime statute was for. This is criminalizing pure speech, and that violates the First Amendment."
San Diego Police Chief's Bogus Number Ties Cannabis to Crime
Cop calls that supposedly show the trouble caused by dispensaries mostly had nothing to do with dispensaries.
Say Goodbye to the Kennedy Court
Justice Kennedy's retirement will have a significant impact on the Roberts Court beyond its ideological makeup.
Reality Winner Accepts Harsh 5-Year Sentence for Leaking Russian Hacking Report
Would she have gotten a better deal if she hadn't been denied bail?
Is It Legal for Cops to Shoot Unlicensed Dogs?
Pets shouldn't be treated as contraband.
Assessing Justice Kennedy's Legacy
A Politico symposium offers assessments by a wide range of legal scholars and commentators. And I offer some additional thoughts of my own.
Tennessee Deputy Charged After Videos Show Him Tasing Teen Tied to Chair
In one surveillance video, the victim is tased four times for a total of 50 seconds.
For Once, Police Officer Promptly Charged in Shooting Death of Unarmed Black Teen
Since 2005, just 32 officers involved in fatal shootings have been convicted on criminal charges.
The Big National Injunction Case
A decision with major implications for the national injunction--not Trump v. Hawaii but Gill v. Whitford
A war reporter for the cyber age
Interview of David Sanger in episode 223 of the Cyberlaw Podcast
Justice Thomas Criticizes Nationwide Injunctions, Citing Our Own Sam Bray
An interesting separate concurrence in the "travel ban" decision.
20 Opinion Line-Ups and Counting
The Supreme Court justices divide among themselves in many different ways.
Short Circuit: A roundup of recent federal court decisions
Mo money mo problems, open-air burn pits, and the case of the missing tattoos.
First Thoughts on Carpenter v. United States
A big case. Here's an ongoing Q&A, which I will add to through the day.
What Do Justices Gorsuch and Justice Breyer Have in Common?
Still more interesting line-ups from SCOTUS
More Interesting Supreme Court Line-Ups Today
The Court broke in untraditional ways in making decisions about taxing internet sales and the Appointments Clause
Supreme Court Will Hear Case on the Excessive Fines Clause that Could End Up Curbing Asset Forfeiture Abuse
The case will decide whether the Excessive Fines Clause of the Eighth Amendment applies to the states. If so, it will also have to address how much it restricts asset forfeiture.
State Secretary of State Stuck with CLE Sanction
Today was a terrible, no-good, very bad day for Kris Kobach.
What it feels like to be that guy in line with Woody Allen
Episode 222 of the Cyberlaw Podcast
Supreme Court Agrees to Hear Significant New Case About Civil Asset Forfeiture and the Bill of Rights
The justices will hear oral arguments next term in Timbs v. Indiana.
Fatal Texas SUV Crash a Result of Irresponsible Policing, Not Poor Border Security
We'd be outraged by the unnecessary pursuit if Americans had been killed.
Supreme Court Will Decide: Does the Excessive Fines Clause Apply to the States?
The Court has decided that almost all of the Bill of Rights applies to the states (with just a few exceptions that don't); now it will decide about the Excessive Fines Clause.
Today's Unusual SCOTUS Lineup(s)
Masterpiece Cakeshop is not the only decision to surprise this term.
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."
