Criminal Justice
The Transgender Bathroom Wars Continue in State Court
The Withdrawal of the Obama-Era "Dear Colleague Letter" (which made transgender access to the bathrooms of students' self-perceived gender rather than their anatomical sex mandatory on schools) was the right thing under federal law. But now the arguments are being made under state law.
Discussions of the Freedom of the Press as Protecting Non-Press-as-Industry Writers (America)
"Freedom of the press," as I've argued in earlier posts, was understood as protecting the freedom of all to use the printing press -- not just a freedom of the profession or industry that we might call "the press."
"A Spiraling Controversy Over Anti-Semitic Comments and Conspiracy Theories Has Roiled the Washington City Government"
Rothschilds, "fake Jews," "termite[s]," Louis Farrakhan, and more.
Mike Pence Calls Lawbreaking Ex-Sheriff Joe Arpaio a 'Champion of the Rule of Law'
Because nothings says "rule of law" like a sheriff held in contempt for refusing to follow a judge's orders.
Seattle Sued Over Law Banning Landlords From Conducting Criminal Background Checks
Violators are required to take classes to reduce racial bias.
Trump Is Right: 'Collusion' Is Not a Crime
It remains unclear whether contacts between the Trump campaign and Russian operatives violated the law.
Undocumented Immigrants Are Less Crime Prone Than Native-Borns
More undocumented immigration meant less violent crime.
Jonathan Rauch on Happiness: Why Life Gets Better After 50
Rauch is one of my favorite writers -- plus I just turned 50, so I suppose I want to believe ....
Black Gun Owner Will Give Birth in Prison After Trying to Protect 2-Year-Old Daughter from Assailant
Siwatu-Salama Ra used a legally purchased firearm to protect her family. She was sentenced to 2 years in prison.
Tentative Thoughts on the Use of Genealogy Sites to Solve Crimes
Prompted by the apparent catching of the Golden State Killer.
Tennessee Prosecutors Sunk a Bill to Reform the State's Punitive Drug-Free School Zone Law
A Reason investigation found the zones covered wide swaths of cities and buried first-time offenders under huge sentences.
The Equal Rights Amendment: Back for an Encore Performance? Well…Performance, Yes, But Actual Constitution-Making, Probably Not.
The last thing left-leaning feminists want is a constitutional amendment that would jeopardize such things as preferential treatment for woman-owned businesses.
Nashville Police Attempt to Seize Control of Private Event Security and Get Sued
Taxpayers are increasingly on the hook for millions in overtime, pension costs.
A Jury Rejected the Charges, but He Still Has to Register As a Sex Offender for Life
New York's highest court says accusations can be considered for registration purposes even when the defendant was acquitted.
Police Body Cameras May Get Facial Recogntion
One of America's largest body camera suppliers has expressed interest in the technology.
"First Mondays" Supreme Court Podcast: Highly Recommended
I just started to listening to this a few months ago (late adopter), I know, and I'm totally hooked.
Burning Widows and Other Things That Even "Multicultural" Americans Shouldn't Tolerate
Is Maine so multicultural now that it can't bring itself to criminalize female genital mutilation within its borders? If the line on cross-cultural tolerance shouldn't be drawn there, where should it be drawn?
Shouting "Gas" in a Crowded Library -- or Whatever Is Equivalent to "Shouting" for Smell
It was a rotten durian, and "the waste will be dealt with by Environment Protection Authority officers."
Suspect Can Be Compelled to Decrypt Devices If Government Proves He Has The Ability To Do So, Court Rules
The right approach, in my view.
Did Donald Trump Jr. Admit to Violating the Computer Fraud and Abuse Act?
A law-nerd discussion, posted up at Lawfare.
Should U.S. Supreme Court Litigants Decline Consent for Filing of Amicus Briefs?
TL;DR summary: No, it's pointless -- as the data shows -- and it can make you look bad.
Why Can Felons Be Denied the Right to Vote?
Felons retain their free speech rights. Some recent court decisions conclude that some felons regain their Second Amendment rights. But the right to vote is different, according to the constitutional text.
Short Circuit: A roundup of recent federal court decisions
Grilling in the yard, radioactive waste in the yard, and police drive onto the wrong yard.
The Golden State Killer and Your Genetic Privacy
Do you have a reasonable expectation of genetic privacy under the Fourth Amendment?
U.S. Commission on Civil Rights Declares that "Goals" Really Are Quotas--But Only When They Apply to Goals the Commissioners Don't Like.
It's never a dull moment at the Commission on Civil Rights.
What's a 'Website,' Anyway?
As a recent Indiana Supreme Court case amply demonstrates, the term "website" is not nearly precise enough for use in our criminal law, and judges and legislators need to stop pretending that it is.
This Terrible Florida Sheriff Thinks Schools Should Be Arresting More Kids for Dumb Reasons to Stop Shootings
Mike Chitwood arrests 11-year-olds and then complains that officials aren't calling them more.
The Sex Trafficking Charges Against Smallville Actress Allison Mack Are Totally Bogus
The federal charges against Mack highlight how human trafficking hysteria harms vulnerable women.
SCOTUS Released Same-Day Oral Argument Audio. Guess What Happened Next?
There is no reason not to release same-day audio for all oral arguments at the Supreme Court.
Defamation by the Anti-Defamation League (UPDATED: ADL Apologizes)
The ADL defames Canary Mission.
"Drew Cloud Is a Well-Known Expert on Student Loans. One Problem: He's Not Real."
A remarkable story from The Chronicle of Higher Education (Dan Bauman & Chris Quintana)
Chicago Is Trying to Pay Down Its Debt by Impounding Innocent People's Cars
How a uniquely punitive city impound program combined with the drug war and asset forfeiture to deprive people of their vehicles for years at a time.
Pardon Jack Johnson
The White Slavery Panic of the late 19th/early 20th centuries caused Congress to pass the vaguely-worded Mann Act. It allowed the FBI and prosecutors broad discretion to go after individuals they didn't like.
Are Cop-Assisted Promposals Charming or Alarming?
Stopping drivers without a legal justification is unconstitutional, even in the name of young love.
Weapons Are Just Tools. It's People Who Are Dangerous.
Restricting guns-or vans, knives, or planes-won't make the world safer. The Toronto van attack reminds us peril lies in people with bad intent, not with how they get it done.
Supreme Court Nixes Suits Against Foreign Corporations in U.S. Courts Alleging Violations of International Law
If domestic courts are to be a forum for these sorts of suits, five justices conclude, Congress must first say so.
