ACB on RAP
Doug Kmiec writes that his former student, Amy Coney, "deftly answered" questions about the Rule Against Perpetuities.
Criminal Justice
Venue, People with Two Homes, and Commentator / Retired Judge Andrew Napolitano
Remember: Lawyers' true superpower is to turn every question into a question about procedure.
Freed To Speak, Grand Juror Says Charges in Breonna Taylor's Death Were Never Considered, Let Alone Rejected
Kentucky Attorney General Daniel Cameron said "the grand jury agreed" that indicting the two officers who shot Taylor was inappropriate.
Property Owners' Lawsuit Against Seattle Over Its Toleration of the "CHOP" Takeover Can Go Forward
Plaintiffs allege that Seattle affirmatively supported the Capitol Hill Occupying Protest (rather than just declining to stop it).
R Street Institute Event with Two Ilyas - Speaking About Our Respective Books
Ilya Shapiro of the Cato Institute and I will be speaking about our respective new books: "Free to Move: Foot Voting, Migration, and Political Freedom," and "Supreme Disorder: The Politics of America's Highest Court."
Fight Like a Canadian
Interviewing Citizen Lab's Ron Deibert in Episode 334 of the Cyberlaw Podcast
Classes #17: The Scope of the 14th Amendment II and Covenants IV
Strauder v. West Virginia, the Civil Rights Cases, Sanborn v. McLean, Shelley v. Kraemer, Western Land v. Truskolaski
Supreme Court Denies Request for Stay in Pennsylvania Election Dispute
The court split 4-4 in what could have been a major election decision.
One week away from Justice Barrett's (likely) confirmation, the Court 4-4's an appeal from the Pennsylvania Supreme Court
The application for a stay was filed on 9/28, and the briefing completed on 10/6. 13 days later, the Court was unable to break a deadlock.
Justice Department Prepares for First Federal Execution of a Woman Since 1953
Lisa Montgomery killed a pregnant woman and took her baby in 2004. She is clearly mentally unwell. What does killing her accomplish?
Cops Clash with Protesters in America and Around the World
Plus: Pennsylvania restaurant wins lockdown lawsuit, Pakistan bans TikTok, and more...
The Federal Death Penalty Returns
State-level executions have been on the decline since 2000, but the federal government recently got back in the business of executing prisoners.
Defendant Says He'd Never Try to Have Nonconsensual Sex; Is Accusation from When He Was 15 Admissible in Response?
Bonus fact: The majority opinion was written by a male judge, joined by three female judges (one of them a former sexual assault prosecutor). The dissent was written by a male judge.
North Carolina Mother Sues School Resource Officer Who Handcuffed and Pinned Her 7-Year-Old Autistic Son
Just the latest in a string of incidents involving school police and children with disabilities
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.
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."
