Beware of Big Presidential Speeches During Times of Crisis
Biden tonight, like LBJ in 1964, Ford in 1975, Reagan in 1981, and Obama in 2009, is ready to make some terraforming asks to a pliant Congress.
Law & Government
Webinar on the Economics and Law of Climate Adaptation
Adapting to Climate Change: Economic and Legal Perspectives featuring Matthew Kahn and Robin Craig
SCOTUS Just Agreed To Hear a Major New Second Amendment Case
The Supreme Court will hear arguments next term in New York State Rifle & Pistol Association v. Corlett.
Warrantless Border Searches Draw Call for Supreme Court Action
The feds say they can paw through your phone and laptop any time you enter or leave the country.
It Looks Like Lots of People Used Their Federal Stimulus Payments To Buy Weed
As stimulus checks started landing in Americans' bank accounts, demand for medical marijuana went through the roof.
California Has Seen a Staggering Amount of Unemployment Fraud During the Pandemic
But where is the outrage?
Are Sunstein and Vermeule Offering a Defensive Crouch Administrativism?
My contribution to the online symposium on Sunstein & Vermeule's Law & Leviathan
Tim Scott Is Proposing a Major Reform to Qualified Immunity
The GOP has resisted reining in the doctrine. That might change.
When Super Deference Is Not So Super
"Super Deference and Heightened Scrutiny" forthcoming in the Florida Law Review
Biden Applauds Derek Chauvin Guilty Verdict, Condemns Violent 'Agitators and Extremists'
Plus: An anti-tech crusader could be joining the FTC, threats to free speech at Columbia University, and more...
"Retroactive" Liability after Barr v. AAPC
Judge Stephanos Bibas "does not see how" he can follow the plurality opinion
Arizona Governor Bans Municipal 'Vaccination Passport' Mandates
Executive order leaves it to individual businesses, not the government.
Montana Becomes Latest State To Protect Free Speech With the FORUM Act
Now 14 states have legislation explicitly protecting free speech on campus.
The House Just Voted To Let Marijuana Businesses Use Banks. Again.
Maybe this year it will pass the Senate too.
Sixth Circuit Grants Habeas Petition for Lower's Court's Objectively Unreasonable Application of the Confrontation Clause
A liberal result (granting a criminal defendant's habeas petition) from a quite conservative judge (John Bush).
Notice & Comment Symposium on Sunstein and Vermeule's Law & Leviathan
A series of essays weighing Cass Sunstein and Adrian Vermeule's effort to redeem the administrative state.
Can Schools Punish Kids for Off-Campus Snapchats?
"The notion that a school can discipline a student for that kind of...non-harassing expression is contrary to our First Amendment tradition."
Biden Chooses Cronyism Over Letting Puerto Rico Rebuild
The Jones Act shields the American shipping industry from foreign competition and harms both the environment and disadvantaged communities.
Adam Cox and Cristina Rodriguez Respond to Critics and Commentators on their Book "The President and Immigration Law"
This is the conclusion of the Yale Journal on Regulation symposium about the book.
Poll Shows 69 Percent of Americans Favor Legal Weed, a New Record High
Poll found that 78 percent of Democrats, 62 percent of Republicans, and 67 percent of independents favor legalization, as do majorities of every age demographic.
Is Stephen Breyer About To Retire? His Clerk-Hiring Spree Suggests Otherwise.
Progressive activists are pushing the 82-year-old justice to step down.
COVID-19 Is Leading State Lawmakers To Finally Restrain Governors' Emergency Powers
Even during a pandemic, major changes to laws and policies should be funneled through state assemblies.
Enjoy Tax Day 2021. They Just Get Worse From Here.
Tax hikes and growing debt guarantee shared pain in a hobbled economy.
Joe Biden, Who Says He's 'Not a Fan of Court Packing,' Just Created a Presidential Commission to Study Court Packing
The Presidential Commission on the Supreme Court of the United States will examine “the membership and size of the Court.”
Contrary to What Biden Says, Gun Show Sales Aren't Exempt From Background Checks
Plus: GOP gender policing in North Carolina, marijuana legalization mistakes, and more...
Joe Biden Learns To Love Gun Control by Presidential Fiat
The president's unilateral restrictions are legally dubious and unlikely to "save lives."
Why Isn't California Safer From Wildfires?
An environmental law keeps public agencies from reducing wildfire fuel.
Judge Halts Ohio Law Requiring Burial or Cremation of Aborted Fetuses
Plus: Copyright case a win for Google and fair use, California considering repeal of its "loitering with intent to commit prostitution" law, and more...
Wartime Rationing Changed How America Ate for a Century. The Pandemic Will Do the Same.
The government tried to stabilize the nation's food supply 80 years ago. Its efforts backfired.
Police Kill Suspect Who Rammed Vehicle Into U.S. Capitol Barricade: 1 Officer Dead, 1 Wounded
The suspect, 25-year-old Noah Green, is reportedly connected to the Nation of Islam.
No Qualified Immunity for Cop Who Shot and Killed a Suicidal Man, Says Federal Court
“An officer violates the Fourth Amendment if he shoots an unarmed, incapacitated suspect who is moving away from everyone present at the scene.”
How Immigration Restrictions Undermine the Rule of Law
Legal scholar Dan Farber explains how the vast executive discretion created by current immigration law is incompatible with rule-of-law principles.
California Court Refuses to Apply Iranian Law, in Part Because It Reflects Religious Ideology Rather Than Economic Interest
Plaintiff had been an Iranian citizen exposed to asbestos in Iran, from 1959 to 1979; he then moved to California (after defendants' negligent conduct took place), and developed mesothelioma and died.
Did Cuomo Violate Ethics Rules by Having Aides Help Him With Memoir?
The book, which garnered a $4 million deal and touted Cuomo's purported pandemic-handling competence, may have gotten the governor into hot water.
How the Government Timidly Stood in the Way of COVID-Fighting Innovations
Without the feds in the way, we could have rolled out at-home diagnostic testing, set up human challenge trials, approved vaccines sooner, and vaccinated Americans more quickly.
North Carolina Board Threatens Private Drone Mapmakers Because They Aren't Licensed 'Surveyors'
Technological innovation makes gathering visual land data easier and cheaper—and threatens an industry’s status quo.
Yale Journal on Regulation Symposium on Adam Cox and Cristina Rodriguez's book "The President and Immigration Law"
Contributors include a variety of legal scholars, including, Jessica Bulman-Pozen, Dan Farber, and myself, among others.
Is Matt Gaetz a Child Sex Trafficker? Here's What the Law Actually Says.
Not all sexual misdeeds are sex trafficking.
The Bump Stock Ban Highlights the Danger of Letting Bureaucrats Invent Crimes
A federal appeals court rejects a highly implausible redefinition of machine guns.
Biden Administration Extends CDC Eviction Moratorium Until June 30 - the Legal Battle Over it Will Continue
The new order is similar to the old, but includes an extensive section defending the measure on public health grounds.
The CDC Keeps Extending Its Illegal Eviction Ban
The agency will be extending its controversial eviction moratorium through the end of June.
Trump's Bump Stock Ban Just Lost Big in Federal Court
“It is not the role of the executive—particularly the unelected administrative state—to dictate” the terms of criminal law, said the 6th Circuit.
Abolishing the Filibuster Is About Power, Not Anti-Racism
Even Joe Biden and Barack Obama were willing to acknowledge this basic fact just a few years ago.
Is More Presidential Power Necessary in the Modern World? A Soho Forum Debate
Stanford University's Terry Moe and the Cato Institute's Gene Healy debate giving fast-track authority to U.S. presidents.
Should U.S. Presidents Have Fast-Track Authority to Get Things Done?
A Soho Forum debate on expanding or restricting presidential powers.
