Criminal Justice
Teaching Seila Law v. CFPB
The Chief Justice surgically sliced up the Court's removal power cases into four categories.
Classes #12 Separation of Powers II and Easements III
Seila Law and Assignability of Easements
The First Rule of Court Packing is you do not talk about Court Packing.
The second rule of Court Packing is you do not talk about Court Packing.
Democratic Policy & Communications Committee Cites "Unprecedented"
"The organizations collaborated with the Republican attorneys general who filed suit and conscripted law professor Randy Barnett to draft an influential report on the constitutionality of the ACA."
Trump Criticized Biden for Losing the Support of Police Unions. Is That Such a Bad Thing?
Trump is right that police unions support him more than Biden. That doesn't speak as well of the president as he thinks.
"The Most Gullible Man in Cambridge" is Ordered to Show Cause Why His Complaint Should Not Be Dismissed
"In order to invoke this Court’s diversity jurisdiction, Plaintiff must allege that the citizenship of each member of the LLC defendant was diverse from that of Plaintiff at the date of this action’s filing."
SCOTUS Could Use More Skeptics Like Amy Coney Barrett
The 7th Circuit judge’s track record suggests she would frequently be a friend of civil liberties.
Trump Claims Biden Called Black Americans 'Superpredators.' That Was Hillary Clinton.
Joe Biden has said plenty of regrettable things about criminal justice, but that wasn't one of them.
"The Only Rule that Governs the Confirmation Process Is the Law of the Jungle"
A 2016 op-ed by Benjamin Wittes and Miguel Estrada is worth revisiting.
Juror in Breonna Taylor Case Sues for Right To Reveal What Really Happened in Court
Plus: Presidential candidates take the stage tonight, the most-banned books of the last decade, and more...
Minneapolis City Council's Promise To Dismantle Police Is Now in Political Limbo
Aggressive sloganeering doesn't necessarily lead to policy reforms.
Tasing Moms Who Refuse Masks Does Not Make the World a Healthier Place
Once a desire—or even a good idea—is turned into a mandate enforceable by the cops, violence is only one disagreement away.
What Sort of Justice Should You Want on the Other Side?
Noah Feldman explains why liberals should want someone like Amy Coney Barrett on the Supreme Court
Restrict Asset Forfeiture
It's time to do something about police seizures of property from innocent people.
What did Professor Amy Coney Barrett say about NFIB v. Sebelius?
"In NFIB v. Sebelius, the inspiration for Barnett’s book, Chief Justice Roberts pushed the Affordable Care Act beyond its plausible meaning to save the statute."
Stop Overpolicing
Excessive traffic and pedestrian stops, especially in black communities, are dangerous and counterproductive.
My Contribution to the Politico Symposium: "A New Roberts Court Begins for the Last Time"
If reports are accurate, Justice Amy Coney Barrett may be the final 9th Justice
Salt Lake City Police Shot a Teen During a Mental Health Wellness Check
"I don't feel good. Tell my mom I love her," the 13-year-old said immediately after being shot.
Federal Prosecutors Argue COVID-19 Is Just 'One More Way to Perish in Prison'
Atilano Dominguez was serving a life sentence for marijuana offenses, and federal prosecutors tried to ensure he died behind bars.
Florida Drops Prostitution Case Against Robert Kraft, Still Pursues Charges Against the Women He Paid
Plus: DHS wants to ban some immigrants from getting four-year degrees, Louisiana cop who claimed attack admits he shot himself, and more...
The Legal Response to Breonna Taylor's Death Shows How Drug Prohibition Transforms Murder Into Self-Defense
The hail of bullets that killed her can be justified only in a country that uses violence to enforce politicians' pharmacological prejudices.
During a Routine Child Services Check, Cops Hog-tied a Mom and Carried Her Out 'Like a Pig Upside Down'
The home wellbeing visit resulted in Vanessa Peoples going to jail with a dislocated shoulder.
Amy Coney Barrett Demolishes the Qualified Immunity Claim of a Detective Accused of Framing a Man for Murder
The case is an encouraging sign that the SCOTUS contender is not the sort of judge who bends over backward to shield cops from liability for outrageous misconduct.
Grand Jury Charges 1 Louisville Police Officer Involved in Breonna Taylor Shooting With 'Wanton Endangerment'
The charges are not for killing Taylor, but rather endangering her neighbors with wild shots.
Section 230's Latest Attacker: The Justice Department
A new DOJ proposal aims to bring the internet communications law in line with Trump's personal interpretation of it.
Resolve the 'Anarchist Jurisdictions' Dispute With Less Government Meddling
Peace will come only from leaving other people alone on the condition that they do the same for us.
Florida Gov. Ron DeSantis Unveils Bill To Stiffen Penalties for Protesters and Punish Towns That Cut Police Budgets
The parts that aren't constitutionally dubious are brainless culture-war fodder.
Police Are Using $1.6 Billion in Surplus Military Gear Doled Out Since 9/11
That includes 1,114 armored personnel carriers.
SCOTUS Contender Amy Coney Barrett's Mixed Record in Criminal Cases
While the 7th Circuit judge is often skeptical of the government's position, some of her conclusions will give pause to civil libertarians.
The Justice Department Sees 'Anarchy' Overtaking New York City. If Only That Were Remotely True.
The Big Apple is practically a black hole of overpolicing and regulation.
