The New York Times Recoils at the Predictable Consequences of the Mandatory COVID-19 Precautions It Supports
When mask-wearing and social distancing rules are legally enforceable, the potential for violence cannot be avoided.
Criminal Justice
Epidemics on Campus, Real and Imagined
The stark differences between universities’ reactions to COVID-19 and sexual misconduct.
Is a public-carry law only unconstitutional where "historical evidence clearly commands" that result?
A Harvard Law Review Note argues that judicial restraint is an "originalist value"
Two Cops Were Given Qualified Immunity After Allegedly Stealing $225,000. SCOTUS Won't Hear the Case.
But the high court may consider other cases that could overturn the outrageous legal doctrine.
Do Universities Really Expect to Treat their Students as "Pod" People?
Attempts to force college students into strict protocols are unlikely to succeed
Lawsuit Alleges California Cops Used Excessive Force on Teens for Walking Through a Neighborhood
The Delano Police Department cleared its officers of wrongdoing.
Feminists Who Now Claim They Never Meant 'Believe All Women' Are Gaslighting Us
The central tenet of the #MeToo movement is being memory-holed.
Jackson Cops Claim Drug Busts Are Protecting the Public From COVID-19
Plus: Trump tries hydroxychloroquine, France bans drone surveillance of COVID-19 confinement, and more...
What is and Should Be the Role of Administrative Agencies in Developing Constitutional Rules and Norms?
"Administrative Constitutionalism" is receiving a great deal of attention in legal academia, and some misguided praise.
Textualism, Title VII, and "Discrimination . . . Because of Such Individual's Sex"
Does the text of Title VII prohibit discrimination on the basis of sexual orientation or transgender status?
Forgotten Persuasion
We write to persuade, but how do we overcome the reader's memory constraints?
Public Health Measures Enforced by Violence Aren't as Healthy as Governments Pretend
When will Americans learn?
A Tension in Judge Wilkinson's Emoluments Clauses Dissent
If Washington’s conduct helps us understand the meaning of “emoluments,” it should also help us understand the scope of the Foreign Emoluments Clause.
Lawsuit Against Fox News Claims Cable Television Is Unprotected by the First Amendment
This is the Washington state suit alleging that Fox News had distributed false information about coronavirus.
The Championship Round of the OT 2019 Harlan Institute-ConSource Virtual Supreme Court Competition
Thank you to Judges Costa and Willett and Justice Guzman. Congratulations to Curtis Herbert and Hayat Muse of Minnesota!
10 Ways a Roadside Police Stop Can Go Wrong
What could happen—and what to do about it—if you get pulled over by the cops
Dr. Raj S. Bhopal on Indians and Race
An interesting take from an expert on race and medicine.
The Breonna Taylor Shooting Shows How Reckless Drug War Tactics Lead to Senseless Deaths
At this point, police can hardly be surprised when they are mistaken for armed criminals.
Feds To Investigate Death of Breonna Taylor After Botched Kentucky Narcotics Raid
Louisville Metro Police Department said officers identified themselves in a no-knock raid. Neighbors said that's not true.
Short Circuit: A Roundup of Recent Federal Court Decisions
Botanical accuracy, puppycide, and accusations of impropriety.
The ACLU Sues To Stop Rules That Strengthen Due Process
Plus: The House of Representatives goes virtual, Americans start moving around again, and more...
In His Advocacy Against Legislative History, Did Scalia Get Half a Loaf, or None at All?
Our new paper on circuit court judges’ citation practices produces surprising results.
Justice Thomas Asks How to Characterize Presidential Electors
Are they “subordinate state officers”? Do they perform a “federal function”? Do they hold a “Public Trust under the United States”?
The Irony of "The Plot Against America"
The book and mini-series imagine Pres. Charles Linbergh dispersing Jews to the hinterlands, but FDR was the one who actually favored that.
Senate Renews FBI Surveillance Powers With Modest Reforms
An effort by Sen. Rand Paul to forbid warrantless investigation of citizens was soundly defeated.
ICE Agents Fight Sex Trafficking by Paying Potential Victims for Hand Jobs
In "Operation Asian Touch," federal agents coerced suspected human-trafficking victims into sex acts. Local cops seized money and threw them in jail.
The ACA and the Declaratory Judgment Act
Is there statutory jurisdiction in California v. Texas?
More Thoughts on Church Closings
On the possible risks of contagion, and why Evangelicals sue.
How Should Judge Sullivan Determine if the Government's Motion to Dismiss the Michael Flynn Case is Appropriate?
This "victimless" crime is a curious one for close judicial scrutiny of a Government motion to dismiss--closer scrutiny should be reserved for cases in which crime victims have a clear interest.
Tennessee May Finally Reform Draconian Drug-Free School Zone Laws
Too often, minor drug crimes turn into mandatory minimum offenses with lengthy sentences despite the fact these types of cases rarely involve drug dealing to minors.
