Does a Judge have to recuse if a conflicted party files an amicus brief? Or should the brief be struck?
The Fifth Circuit struck the brief. Judge Brasher (CA11) recused.
Criminal Justice
Federal Judge's Son Killed and Husband Injured by Men's Rights Activist Lawyer
Threats Against Federal Judges on the Rise
Don't 'Abolish the Police.' Privatize Them.
"A lot of people think that law enforcement must be provided by a [government] monopoly," says economist Edward Stringham. But "there are plenty of private examples of people working to create order and safety in society."
Judge Says Teen Who Didn't Finish Online Schoolwork Must Stay Locked Up Until September
Plus: Portland protest updates, Kanye's candidacy, the ACLU's suit to protect Michael Cohen, and more...
16 Modules for Constitutional Law II (Rights and Equal Protection)
Powerpoint Slides and Videos from "An Introduction to Constitutional Law"
Why Are Taxpayers Footing the Bill for Full-Time Police Union Employees?
No one should be forced to pay for officers who spend their days opposing policing reform and defending bad cops.
Sen. Brian Schatz Says 'Libertarians Should Be Freaking Out About Portland.' Where Has He Been?
The Hawaii senator fails to fully consider the causes of bad policing.
Solipsistic Europocrisy meets judicial imperialism
It's Schrems II in episode 325 of the Cyberlaw Podcast
Why does the Supreme Court use different language for remands to state court and federal court?
The former uses "further proceedings not inconsistent with this opinion" and the latter uses "further proceedings consistent with this opinion."
Do "People Who Are Black Have Strong Historical and Cultural Commonalities" Regardless of Where They are from and Where They Live?
Obviously not, but the Associated Press says otherwise.
What's Happening in Portland?
From the torching of an Elk statue to clandestine raids by federal officers, it's like a bizarro episode of Portlandia
The Pandemic Is a Lucrative Revenue Opportunity for Incompetent Politicians
If there's one thing at which governments have excelled during this crisis, it's been collecting fines from anybody who steps out of line.
Feds Send Outside Agitators To Escalate Conflict in Portland
Plus: How H-1B visa restrictions cost U.S. jobs, a woman sues the British health service over hormone blockers, and more...
12 Modules for Constitutional Law I (Structure and Powers)
Powerpoint Slides and Videos from "An Introduction to Constitutional Law"
What happens when a professor is unable to finish teaching a class due to COVID-19?
Colleges need to establish continuity of operations plans to deal to ensure minimal disruptions in teaching and grading.
A New Charles Manson Documentary Series Pulls All the Disturbing Threads Together
Helter Skelter: An American Myth doesn’t shed new light, but it’s excellent journalism.
An Oregon Criminal Prosecution of Federal Officers Could Be Removed to Federal Court
State Prosecutors would then prosecute state criminal offenses in federal court.
ACLU Sues Federal Agents Deployed in Portland
The ACLU of Oregon says it's the first of many lawsuits regarding the Trump administration's deployment of federal law enforcement to Portland.
Discussing the Supreme Court on "Supreme Myths" with Eric Segall
A surprisingly agreeable chat on originalism, the Supreme Court, Chief Justice Roberts and other things.
When does a Supreme Court judgment become effective?
For state court appeals, 25 days "after entry of judgment." For federal court appeals, "a formal mandate does not issue unless specifically directed."
Georgia Gov. Brian Kemp Is Suing Atlanta's Mayor Over the City's Mask Mandate. Good.
Mask mandates are dangerous and unjust, regardless of which level of government imposes them.
Short Circuit: A Roundup of Recent Federal Court Decisions
Noxious odors, trained scientists, and aberrantly salacious products.
N.Y. Gun Restrictions Won't Be Applied Retroactively, to Gun Owner with a 1982 Receiving Stolen Property Conviction
A rare gun owner victory in New York court.
Must U.S. Hospital Turn Over DNA of the Late Saudi Crown Prince, so Plaintiff Can Use It in Lebanese Paternity Action?
As usual, the answer is ... procedure, more procedure, and procedure about procedure.
A Pandemic of Surveillance
Americans are increasingly monitored, and COVID-19 health concerns aren’t improving the situation.
Caution for Law Professors Who Plan To Generate Their Own Content
Developing high-quality content is difficult, time-consuming, and expensive. No content may be better for students than weak content.
Want To Reform Policing? Bust Police Unions.
As policy makers consider ways to reduce some of these shocking use-of-force incidents, they need to evaluate the role of unions in protecting overly aggressive officers.
Supreme Court Won't Lift Freeze In Florida Felon Voting Rights Case
The state has barred hundreds of thousands of residents with felony records from voting without first paying off their court fines and fees.
Tennessee Reformed Its Harsh Drug-Free School Zone Laws. What About the Hundreds Still in Prison?
Inmates serving mandatory minimum sentences have been left behind.
ABA Issues Formal Opinion on Purpose, Scope, and Application of ABA Model Rule 8.4(g)
Opinion states that an "inaccurate, offensive, or upsetting" point of view discussed at a CLE Program would not violate Model Rule 8.4(g).
Only 4 NYPD Cops Have Been Disciplined So Far for Violence Against Protesters
Dozens of dozens of incidents were caught on video.
Footage of Partial Blindings During Anti-Police Brutality Protests Contradicts Cops' Reports
One department said a protester was hit in the eye with tear gas after the canister bounced. Video shows something entirely different.
Betraying Trump, Kavanaugh and Gorsuch Stay Loyal to the Law
Two centuries of precedents say the president is not immune from judicial process.
