Biden Tries To Gloss Over His Long History of Supporting the Drug War and Draconian Criminal Penalties
The Democratic presidential nominee cannot escape one of his major legacies.
Criminal Justice
The Portland Protest Shooter's Death Looks More and More Like Excessive Force—but Trump Keeps Bragging About It
Plus: A tale of two townhalls, Matt Welch interviews Jo Jorgensen, Bill Gates talks antitrust, Ajit Pai moves on Section 230 study, and more...
If Trump Was Serious About Police Reform, He Would Have Addressed Qualified Immunity
The legal doctrine makes it considerably harder to hold cops accountable. Trump refused to address it.
No, Joe Biden, Cops Can't Just Shoot People in the Leg
The former vice president's comment during the ABC town hall was idiotic.
These 7th Circuit Decisions Suggest Amy Coney Barrett Takes a Constrained View of Qualified Immunity
In several cases, the Supreme Court nominee voted to allow civil rights lawsuits against officers accused of misconduct.
Colorado Couple's Adoption Plans Wrecked by Child Neglect Charges for Briefly Letting a Kid Nap in the Car
"If you're on that registry, you're bad."
The Fight Over Derek Chauvin's $1 Million Bail Shows the System Is Irrational and Broken
The ex-cop charged with killing George Floyd should be allowed to await his trial in safety. That should be the standard for everybody.
A Month Before Louisville Drug Warriors Killed Breonna Taylor, They Knew the 'Suspicious Packages' She Supposedly Was Receiving Came From Amazon
The detective who obtained the search warrant cited the deliveries to falsely implicate Taylor in drug trafficking.
Bad News, Criminal Justice Reformers: Biden Probably Wants Sally Yates for Attorney General
Granting clemency to nonviolent offenders like Alice Marie Johnson would be low on the list of priorities for Yates and Biden.
The Police Tactics That Caused Breonna Taylor's Death Should Infuriate Second Amendment Advocates
Heavy-handed police raids are trampling on the basic rights of all Americans.
Understanding Governor Cuomo's Hostility Towards Jews
His press conference played on old, deeply-rooted, and painful anti-Semitic tropes.
New Article: What Rights are "Essential"? The 1st, 2nd, and 14th Amendments in the Time of Pandemic
The most thorough account of the first six months of COVID-19 litigation.
The Supreme Court Still Has Not Appointed A New Circuit Justice For the Second Circuit
The Court selected a replacement for the Fifth Circuit twelve days after Justice Scalia died.
Harris Leans Into Prosecutor Past at Vice Presidential Debate
Plus: a Google copyright case, the third-party vote, and more...
Nearly 2 Years After Houston Drug Warriors Killed Rhogena Nicholas, Her Family May Get a Chance To Find Out What Happened
Despite the city's stubborn resistance, a judge will finally consider the family's request to depose police supervisors.
New York Governor Cuomo Announces Jewish Redlining Policy (Updated)
Rather than imposing restrictions on high-density zip codes, New York will draw red lines (literally) around "clusters" in Orthodox Jewish neighborhoods.
New York Governor Cuomo: "I'm going to say to the orthodox community tomorrow if you don't agree then we will have to close down your religious institutions."
"I say [to a health officer] you're going to be stationed in front of Saint Peter's Church. The capacity is 150. You stand at the front door. When they go over you close the door and call me and if you have any problem this state police officer is down the block and he'll come help you."
Damned if You Do, and Damned if You Don't (Pay the Ransom)
Episode 331 of the Cyberlaw Podcast
Cop Who Fired 16 Rounds at Breonna Taylor Said He Only Surmised That He Had Used His Gun
Drug warriors gratuitously created the chaotic situation that state prosecutors say justified the use of deadly force.
Is the Right to Armed Self-Defense Obsolete?
When the government refuses to stop looting and rioting, armed self-defense is the only deterrent.
Oyez! Oyez! Oyez! The October Term 2020 of FantasySCOTUS is now in session
Predict all of the biggest cases at the Supreme Court
The 2020 Harlan Institute-Ashbrook Virtual Supreme Court
The Harlan Institute and Ashbrook announce the Eighth Annual Virtual Supreme Court Competition.
Turmoil in Texas Attorney General's Office (Updated)
A top aide resigns after he and others accuse Texas AG Ken Paxton of "a potential violation of law."
Minnesota Anti-Mask Law Doesn't Ban the Wearing of Masks for Public Health Reasons
"The statute does not make it unlawful to wear robes and masks; the statute makes it unlawful to wear disguises."
Would Justice Barrett Be Required to Recuse in the Texas ACA Case?
Does participation in a moot court require recusal?
The ACA's Legislative Findings Do Not Constitute an "Inseverability Clause"
A core element of the latest case against the Affordable Care Act rests on a legal fiction.
With Prop 16, the Slave Reparations Task Force, and Much Else, the California Legislature Has Gone Off The Deep End
With Prop 16 at least, the voters will have a chance to weigh in soon.
Do Professors Akhil and Vikram Amar Still Think the Presidential Succession Act is Unconstitutional?
I hope the Amars can answer a simple question. Who is in line for the Presidency after Vice President Pence: Speaker Pelosi or Secretary of State Mike Pompeo?
