Criminal Justice
States Can Reform Qualified Immunity on their Own
State reform isn't a complete substitute for abolition of the federal judicial doctrine. But it can achieve a lot. A recent Colorado law provides a model other states would do well to imitate.
House Passes Policing Reform Package, Including Provision That Would End Qualified Immunity
Republicans have said ending qualified immunity is off the table, and for the moment policing reform looks dead in Congress.
Originalism and the Suspension Clause in DHS v. Thuraissigiam
The majority and dissent vigorously disagree about the role history should play in this Suspension Clause case
Where does DHS v. Thuraissigiam stand?
The Court's first major Suspension Clause case since Boumediene.
Firing Nakedly Racist Cops Is Just the First Step in Addressing Racially Biased Policing
A North Carolina officer was fired after saying, "We are just gonna go out and start slaughtering them fucking niggers."
Wrongful Arrest in Detroit Demonstrates Why Police Use of Facial Surveillance Technology Must Be Banned
The good news is that Boston has just barred law enforcement from using facial recognition technology.
Major Cities Wrestle With Proposals to End School Policing
San Francisco and Oakland have moved toward getting police out of its schools, while Chicago and L.A. rejected similar proposals this week.
Activists Force New Look at the Death of Elijah McClain
Police used a controversial neck restraint during McClain's arrest.
The Federal 'Anti-Lynching' Bill Sacrifices Justice for Symbolism
In the name of fighting lynching, the bipartisan bill authorizes 10-year sentences for minor crimes like vandalism.
This Republican Senator Calls Three Black Men Peacefully Carrying Long Guns 'Mob Rule'
A Second Amendment hypocrite with a plan to undermine federalism
Farewell to the Marriott Wardman Hotel in Washington, D.C.
The AALS "Meat Market" will have to find another home; or go fully virtual!
Justice Alito wrote Thuraissigiam; Chief Justice Roberts and/or Justice Breyer will wrap up Blue June
June Medical, Espinoza, and Seila Law remain from the pre-COVID cases
Prison Guards Who Locked Naked Inmate in Cell Filled With 'Massive Amounts' of Feces Got Qualified Immunity
The 5th Circuit Court of Appeals acknowledged that the plaintiff's Eighth Amendment rights were violated.
Glenn Loury on Police Abuse, Systematic Racism, and Hysteria
The Brown University economist says prejudice and systemic racism are not the primary problems facing African Americans.
Glenn Loury: 'We're Being Swept Along by Hysteria' About Racism in America
The Brown University economist and outspoken critic of Black Lives Matter discusses George Floyd, social progress, and the state of political discourse.
Senators Propose a Cool New Contest To Destroy Your Online Privacy
A new, terrible anti-encryption bill with a twist
What Did Holmes Know About Language That We Don't?
Still more lessons on good writing from the masters.
Indiana Supreme Court Creates a Clear Split on Compelled Decryption and the Fifth Amendment
Next stop, the U.S. Supreme Court?
Breonna Taylor and the Moral Bankruptcy of Drug Prohibition
She would still be alive if politicians did not insist on using violence to enforce their pharmacological prejudices.
What the Data Do and Don't Say about Policing and Race
Harvard's Roland Fryer argues both Left and Right misunderstand or misrepresent the empirical evidence
Most Government Action Rests on the Threat of "Serious Force"
What would happen, I wonder, if protesters decide to set up an autonomous zone in the Twitter parking lot?
Will the Next Eric Garner Be Killed Over Black Market Fireworks?
New York City Mayor Bill de Blasio is creating a task force to crackdown on the sale and use of illegal fireworks.
A Senate Republican Has Officially Come Out Against Qualified Immunity
The legal doctrine frequently allows police officers to violate your rights without fear of civil liability.
Church Closures and Judicial Deference
Public health officials have squandered their credibility
To Demilitarize the Police, We Need To Change More Than Just Their Uniforms
The problem isn’t just that cops look like occupying soldiers, it’s that too many think and act like them.
Why didn't the Trump Administration rescind DACA in a proper fashion?
Making the correct legal argument would have cast doubt on other elements of immigration law, and the acting DHS Secretary refused to say that DACA was a bad policy
Protesters Attacked a Journalist at the D.C. Protests. Then the Police Handcuffed Her.
A dispatch from the Black House Autonomous Zone
Seattle Says It Will Ask Protesters To Voluntarily Leave 'Autonomous Zone.' What Happens If They Don't?
Plus: Trump tries to cancel skilled worker visas, Seattle repeals "prostitution loitering" law, Pennsylvania makes cosmetologists prove "good moral character," and more...
Federal Policing Needs Reform Too
Deep ranks of enforcers with expansive powers and wide-ranging responsibilities will always pose a risk to the public, no matter which level of government employs them.
Protests Against Police Brutality Continue To Be Met With Police Brutality
Plus: IMDb wins First Amendment case, Akon launches a new cryptocurrency, and more...
Was the Search Warrant for the Drug Raid That Killed Breonna Taylor Illegal?
The information in the no-knock warrant application was based purely on guilt by association.
7 Race-Neutral Solutions to Racially Skewed Law Enforcement
These reforms would protect all Americans while reducing racial disparities in policing.
A Labor Council Has Expelled Seattle's Police Union. Good.
Police unions exist to protect cops at the expense of the public.
Colorado Police Reforms Mandate Body Cameras, Strip Bad Officers of Lawsuit Immunity
The legislation rolls back regulations that have been shielding bad police from accountability.
Louisville Moves to Fire Police Officer Involved in Breonna Taylor Shooting
The department says the officer "displayed an extreme indifference to the value of human life" when he "blindly fired 10 rounds" into Taylor's apartment.
Armed Agents of the State Shouldn't Be Enforcing Traffic Laws
Interactions between the public and the police should be kept to a minimum.
Why Bad Cops Aren't Punished: The Case Against Qualified Immunity
Police officers shouldn't be above the law.
San Francisco Police Were Ordered To Turn Off Body Cameras in Raid on Journalist's Home
Their illegal search was not recorded.
Oakland 'Nooses' Turn Out To Be Exercise Swings; Mayor Wants To Investigate Them As a Hate Crime Anyway
A white mayor is pursuing a racially fraught investigation of a black man for hanging exercise straps in a park. What could go wrong?
This Week Confirmed That Control of the Supreme Court Will Be a Critical Part of Trump's Reelection Strategy
Plus: Seattle labor coalition gives cops the boot, supermarkets are a miracle of modern markets, Klobuchar is the last person to realize she won't be Biden's VP, and more...
