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."
Criminal Justice
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.
John Lewis Was an American Hero Who Battled State Racism
John Lewis' life was a testament to the power of free speech and peaceful agitation.
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.
This Florida Inmate Is Serving an Outdated Drug Sentence. Now He Has Coronavirus
Reason profiled William Forrester's 15-year mandatory minimum sentence in a 2017 investigation into Florida's draconian opioid trafficking laws.
Justice Department Executes First Federal Prisoner in Nearly 2 Decades
A quick scramble to end a man’s life, despite objections by attorneys and even the relatives of his victims
Sen. Josh Hawley Says He 'Took on an Asian Trafficking Ring' and 'Freed a Dozen Women in Sex Slavery.' That's Not True.
As a state attorney, the young GOP senator oversaw raids of more than a dozen massage parlors, but he didn’t secure a single sex trafficking conviction.
Sluggishness of Police Reform Feeds Frustration
George Floyd's death triggered a long overdue cultural reckoning with race-related issues and inequities. It will be too bad, though, if the policing issues that set off the protests are forgotten.
Joe Biden Isn't Ready To End Qualified Immunity
In attempting to appeal to everyone, the Democratic presidential candidate misses the mark.
Justice Department Tangles with Judges Over First Federal Execution in 17 Years
A court delay on Friday was lifted over the weekend, only to be reinstated Monday for different reasons.
All Enforcers Are Cops
Real police reform requires backing off efforts to force people to do things they don’t want to do.
Homeland Security Acting Like 'An Occupying Army' Says Sen. Wyden, After Federal Agents Shoot Peaceful Portland Protester
Plus: Free press threats, marriage licensing woes, Fiona Apple fights for prisoners, Trump spox talk up masks, and more...
