Criminal Justice
In April, She Was Jailed on a Probation Violation. By June, She Was Dead.
Holly Barlow-Austin suffered horrifying medical neglect at a Texarkana detention facility, according to video evidence in a new lawsuit.
Virginia Democrats Declined To End Qualified Immunity. Police Unions Are Alive and Well.
Another example of how powerful the law enforcement lobby is
Louisville Will Pay $12 Million to Settle Lawsuit by Breonna Taylor's Family
The agreement also includes several reforms aimed at preventing reckless drug raids based on dubious evidence.
Half of All False Convictions in the U.S. Involved Police or Prosecutor Misconduct, Finds New Report
If you’re looking for accountability, we’ve got some bad news for you.
Viral Videos Show Georgia Deputies Beating a Passenger for Not Having a Driver's License
Roderick Walker told deputies that he didn't need an ID since he wasn't driving.
Federal Court Holds Pennsylvania's Shutdown Order Unconstitutional: Business Shutdown
Still more on this interesting decision (and one that takes a much less government-friendly approach than many other recent decisions on these general topics).
Federal Court Holds Pennsylvania's Shutdown Order Unconstitutional: Stay-at-Home Order
More on this interesting decision (and one that takes a much less government-friendly approach than many other recent decisions on these general topics).
Excluding Transit Ads That "Contain Political Messages" Violates the First Amendment
The distinction between "political messages" and other messages isn't "capable of reasoned application," holds the Third Circuit.
The Julian Assange Case Threatens All Journalists Who Scrutinize Government Conduct
U.S. officials claim their espionage laws apply to the world, but constitutional protections do not.
Los Angeles Sheriff's Department
L.A. Sheriff's Deputies Assault Reporter, Then Attempt To Mislead Public About It
Tensions are high over the weekend shooting of two deputies.
Derek Chauvin Blames His Former Colleagues for George Floyd's Death
The former Minneapolis police officer, who kneeled on Floyd's neck for more than eight minutes, says two other cops failed to de-escalate the situation.
The Cato Institute's 19th Annual Constitution Day Conference
This year's annual confab is remote, but will still feature the annual B. Kenneth Simon Lecture and release of the Cato Supreme Court Review.
The Supreme Court of Texas Asked to Consider "De Facto" Zoning in Houston
Houston prohibits zoning. But Houston permits a "Historic Preservation Ordinance."
Rethink Crisis Response
People who call 911 shouldn't get an ill-trained police officer, especially when they're dealing with a mental health emergency.
Regulate Use of Force
"When you're conditioned to believe that every person...poses a threat to your existence, you simply cannot be expected to build out meaningful relationships."
Eleventh Circuit Panel finds that Maritime Drug Law Enforcement Act exceeds Congress's Powers under the Foreign Commerce Clause and the Necessary and Proper Clause Powers
This case may be headed to the Supreme Court.
There Is No Court of History
Chief Judge Pryor "write[s] separately to explain a difficult truth about the nature of the judicial role."
Students Demand Skidmore College Fire an Art Professor for Observing a Pro-Cop Rally
David and Andrea Peterson didn't even participate in the rally—they just watched it. The students don't care.
Why Violent Protests Backfire
Martin Luther King explained why they are "socially destructive and self-defeating."
Appeals Court Upholds Florida Law Requiring Felony Offenders To Pay Off Fines Before Regaining Voting Rights
The ruling is a major setback for civil liberties groups trying to re-enfranchise an estimated 775,000 Floridians with felony records.
Short Circuit: A Roundup of Recent Federal Court Decisions
Voter fraud, Jersey Boys, and inescapable tax debt.
Judge Bumatay on Originalism in the Lower Courts: "It is our duty to apply the Constitution—not extend precedent"
He follows Justice Thomas's dissent from Garza v. Idaho: "Where precedent is seriously questioned 'as an original matter' or under current Supreme Court doctrine, courts 'should tread carefully before extending' it."
Update from the Florida Supreme Court: The Governor Has To Make A New Selection By Monday
"We hold that the constitution requires the Governor immediately to appoint and commission a constitutionally eligible nominee from among the seven remaining candidates already certified by the judicial nominating commission."
After 8-Hour Meeting, Divided Texas Bar Refers ABA Model Rule 8.4(g) to Committee
The Disciplinary Committee will consider ABA Model Rule 8.4(g), as well as revisions to an old Texas Rule
Younger Abstention after Trump v. Vance
Did the Supreme Court quietly modify a major jurisdictional doctrine?
SCOTUS Contender James Ho Combines Respect for Free Speech and Gun Rights With a Troubling Deference to Cops
The 5th Circuit judge is a mixed bag from a libertarian perspective.
A New Bill Would Stop the Feds From Tossing Drug Defendants in Prison Before They're Convicted
A proposed bipartisan change in pretrial detention rules could free thousands annually.
Classes #7: Enumerated Powers V and the Recording System
NFIB v. Sebelius, Chain of Title, and Recording Acts
Two Cheers for President Trump's Not-So-Short SCOTUS List
At this point, what difference does it make?
Judge Amy Coney Barrett's Assorted Canards of Contemporary Legal Analysis: Redux
The Case Western Reserve Law Review has published Judge Barrett's 2019 Sumner Canary Memorial Lecture
Did the Ninth Circuit Create a New Fourth Amendment Notice Requirement for Surveillance Practices?
An overlooked part of United States v. Moalin could have a major impact on surveillance law.