Criminal Justice
Where's Republican Federalism During Trump's Urban Invasions?
A president from a party supposedly committed to restraining the federal government is now sending enforcers to cities over local objections.
New in the Atlantic: Justice Gorsuch's Half-Way Textualism Cuts the Civil Rights Act and Oklahoma in Half
Justice Gorsuch needs to account for both text and precedent when interpreting old statutes.
Judge Callahan (CA9) Corrects Press Report That Failed To Note Her Dissent
The reporter made a good-faith mistake based on an incomplete PACER download. Judge Callahan should apologize.
Trusted Traveler Program Access Restored for New Yorkers
But the real story are DHS' s painful lies to SDNY
Dispatch From Portland: The Fire Next Time
The protests continue, as does the tear gassing.
The Elephant in the Room for the Diploma Privilege Debate
Nationwide, 80% of first-time test takers pass the bar exam, and 90% will pass within two years. But 10% of takers will not have passed after two years, and some will never pass.
New on SCOTUSBlog: "Invisible majorities: Counting to nine votes in per curiam cases"
I try to make sense of the votes in the Faithless Electors Cases and the Creek Nation Cases
"There Are Good Reasons Not to Disparage Your Opponent, Especially in Court Filings"
A reminder from Judge Thapar that insults and invective are no substitute for argument.
What It's Like To Work in the Portland Jail During the George Floyd Protests
The federal police presence in Portland has enraged demonstrators. It's also taken pressure off the local justice center.
Chicago City Council Votes To Partially Reform Its Notoriously Harsh Vehicle Impound Program
A 2018 Reason investigation showed how Chicago's impound program ensnared innocent owners, stripped them of their cars, and soaked them in debt.
Trump Administration Justifies Federal Police Surge With Fake News
Plus: "learning pods" are an unfair target, COVID-19 reinfections are unlikely, and more...
Can the impartiality of a judge be reasonably questioned if she asks questions during oral arguments, but does not decide the case? (Updated)
Judges Luck and Logoa (CA11) asked questions about a Florida law while they were serving on the Florida Supreme Court, but did not decide the case.
More in the Richard Liebowitz Saga
"The Movants are undoubtedly correct in asserting that 'nationwide sanctions' are rare, but that is only because they are rarely warranted."
The Sierra Club Asked The Supreme Court To Lift The Stay in The Border Wall Case. But There Is No "Equitable Ultra Vires Cause Of Action"
The Sierra Club conflates illegal conduct with the ability to challenge illegal conduct in court.
Plaintiff Distressed by Neighbors' Cameras—Because of His PTSD—Can't Get Restraining Order
The standard under Minnesota law for what is impermissible harassment, the Minnesota Court of Appeals concludes, is objective, not subjective.
Louisiana Supreme Court Divides 4-3, Cancels In-Person Bar Exam, Forces Repeat Takers to Sit for Online Exam, Grants "Qualified" Candidates A Diploma Privilege (Updated)
Three justices bitterly dissented. One observed that after Hurricane Katrina, some test-takers had to retake portions of the bar exam.
The Majority of Americans Oppose Qualified Immunity. Where Is Congress?
American voters know what's up.
It's Getting Harder and Harder to Distinguish Satire from Earnest Wokeness, II
Rutgers English Department says grammar is racist.
It's Getting Harder and Harder to Distinguish Satire from Earnest Wokeness
If you've seen the Smithsonian American History Museum's "white culture" graphic, you know what I mean.
7 Modules for First Amendment (Speech and Religion)
Powerpoint Slides and Videos from "An Introduction to Constitutional Law"
Trump Deploys Lawlessness Against Lawlessness
The president’s heavy-handed response to protests against police brutality belies his promise of "law and order."
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.
Rand Paul: It's Time To Demilitarize the Police
The line between peace officer and soldier of war has become far too blurry.
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
Department of Homeland Security Reportedly Sending 150 Agents to Chicago in Expansion of Federal Crackdown
Trump and other White House officials say the feds may soon be coming to other major cities as well.
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.
Sending Secret Police To Do Protester Snatch-n-Grabs Is Bad, Mmmkay?
The Reason Roundtable talks Portland, policing, federalism, coronavirus, and the perennially dumb discourse.
