Criminal Justice
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.
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.
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.
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.
Will the Supreme Court DIG Colorado Department of State v. Baca?
Justice Breyer and Gorsuch were annoyed by this "manufactured litigation."
"This decision will undoubtedly go down as one of the most blatant examples of judicial activism in" the Wisconsin Supreme Court's "history"
What about Ableman v. Booth (1858)?
The Logistics of Testing and Contract Tracing on Campus
How would Universities actually take steps to prevent the spread of COVID-19?
Recommendations to Improve Access to the Supreme Court
I hope the Supreme Court takes these recommendations seriously.
Frodo Baggins Appears in the U.S. Supreme Court,
in a hypothetical question posed by Justice Thomas.
Guest Post: Three Interconnected Errors in the Our Lady Of Guadalupe Oral Arguments
A guest post from Professor James Phillips
Will SCOTUS Revoke Its License for Police Abuse?
This week the justices are considering 13 petitions involving the pernicious doctrine of qualified immunity.
Judge Rules in Favor of Federal Inmates in Coronavirus Suit, Orders Speedier Releases
A Connecticut federal prison's failures to grant early release to eligible inmates "amount to deliberate indifference" under the Eighth Amendment, the judge says.
An Interesting Historical Note About the Bakke Case
The first major affirmative action case went down in history as a case about "reverse discrimination" favoring blacks, but the underlying facts were more complicated.
Was the House Lawyer Unable or Unwilling to Provide a Limiting Principle in the Tax Return Cases?
Douglas Letter's refusal to provide a limiting principle may have been deliberate.
Body Camera Footage Refutes LAPD Cop's Story About Being Attacked Before Brutalizing a Suspect
The LAPD released body camera footage of Frank Hernandez's use-of-force incident.
State AG May Sue Governor in Federal Court over Constitutionality of Travel Restrictions
So held a federal district court in Kentucky, in an epidemic-related lawsuit.
Federal Judge Calls Plea Bargain Deals That Limit Compassionate Release 'Appallingly Cruel'
Congress expanded compassionate release to allow inmates to petition judges, but federal prosecutors tried to use plea bargain agreements to subvert reforms, the judge says.
Is Supporting Academic Boycotts of Israel Consistent with Administering an Academic Program?
No, such individuals are pledged to violate university policy, civil rights laws, and academic freedom.
Gapple to Government: "Send Your Man to See My Man. And We'll Stiff Him."
It's Episode 315 of the Cyberlaw Podcast.
In Today's Indian Law Supreme Court Case, the State of Oklahoma's Lawyer Is Himself Indian
Fun fact about McGirt v. Oklahoma, where Oklahoma is arguing against the claim that Indian tribes had maintained jurisdiction over large chunks of Oklahoma (including Tulsa).
How Supreme Court Doctrine Protects Cops Who Kill (or Otherwise Use Excessive Force)
A Reuters report suggests changes in qualified immunity doctrine have immunized police officers sued for misconduct.
Social Distancing at the Supreme Court
How will the Supreme Court handle oral arguments in the future? I propose a ticket lottery.
"The Constitution in the Time of Coronavirus" - Presentation at the Buckley Program on 5/11 at 4:30 E.T.
I will be talking about the Constitution and the Coronavirus over Zoom for the WIlliam F. Buckley Program
Originalism, Common-Good Originalism, and Common-Good Constitutionalism
Adrian Vermeule responds to Josh Hammer. We are watching an important debate unfold before our eyes.
