Fifth Circuit Again Stays FDA Denial of E-Cigarette Product Application
Another opinion exposing the Food and Drug Administration's vaping problem.
Law & Government
After the East Palestine Derailment, Congress Is Trying To Force Unrelated, Costly Regulations on Railroads
A bipartisan bill backed by J.D. Vance and Sherrod Brown would include a two-member crew mandate that unions have long sought—and that wouldn't have prevented the Ohio disaster.
College Administrators Hate Fun
Unfortunately, it doesn't seem like the recent trend of rising administrative bloat is going to reverse anytime soon.
Parents of Oxford High School Shooter Can Be Prosecuted for Negligent Homicide,
based on their not securing the gun they gave him and other things, given the evidence they had of his mental state.
Congress Asks Is TikTok Really 'An Extension of' the Chinese Communist Party?
TikTok's CEO served as little more than a punching bag for lawmakers with a dizzying array of big tech grievances.
Ohio Cops Sue Afroman for Using Video of Them Raiding His House in Music Videos
Seven sheriff's deputies say the rapper subjected them to "embarrassment, ridicule, emotional distress, humiliation, and loss of reputation" after a drug bust on his house came up empty.
Banning Chinese Products in the Name of 'National Security' Could Have Disastrous Consequences
It would result in shortages, decreases in productivity, and higher production costs affecting millions of American workers and nearly every consumer.
Feds Say A.I.-Generated Art Is Ineligible for Copyright
Copyright law is just one area that must adapt to account for revolutionary A.I. technology.
To Balance the Budget, Republicans Must Cut Military Spending, Trim Entitlements, or Raise Taxes
If Republicans refuse to gore their three sacred cows, a new CBO report shows that balancing the budget is literally impossible.
Lawsuit Challenges Ban on Physical Mail at California County Jail
Prisons and jails around the country have been banning physical mail and used book donations under the flimsy justification of stopping contraband.
TikTok Is Too Popular To Ban
Plus: Police sue Afroman for using footage from raid, California bill could ban popular junk foods, and more...
Idaho Supreme Court Rules Fourth Amendment Violated When Drug-Sniffing Dog "Intermeddled" With Defendant's Car
Nero the police dog put his paws on the side of the car, which qualifies as a trespass, and thereby also a "search" under the Fourth Amendment.
Sex-Trafficking Suits Against Banks That Serviced Epstein Can Proceed
Plus: American IQs may be shifting, Jack Daniel's lawsuit against dog toy maker hits SCOTUS, and more...
Biden's First Veto Protects and Promotes ESG
What at first appears to be deregulation is actually economic activism in disguise.
Idaho Likely To Authorize Execution by Firing Squad
"The firing squad, in my opinion, is beneath the dignity of the state of Idaho," said one state senator. "We have to find a better way."
With (Judicial) Friends Like These…
The surprising recent rise in partisan, racial, and gender differences in circuit judges following earlier opinions.
COVID-19 and the Confrontation Clause
Is testimony over Zoom consistent with a criminal defendant's Constitutional rights?
Congress Hasn't Passed a Budget on Time in 27 Years
Congress' end-of-year rush to fund the federal government has become the norm.
Of Course, the Trump Indictment Is Political
Plus: A listener asks the editors if the nation is indeed unraveling or if she is just one of "The Olds" now.
Police Officers Charged With Murder in 'Smothering' of Virginia Man
"What I saw today was heartbreaking," said the victim's mother. "It was disturbing, it was traumatic. My son was tortured."
Is the Manhattan D.A. Upholding or Flouting the Rule of Law by Prosecuting Trump?
The case hinges on the claim that the former president tried to cover up a campaign finance violation with which he was never charged.
Biden Nominee to the First Circuit Faces Potential Democratic Opposition Over Abortion
A nominee's work defending a state parental-notification law in 2005 may be a stumbling block to his confirmation.
Justice Jackson Calls for Reining in the Use of Munsingwear Vacatur
The Court's newest justice questions whether her colleagues are too quick to vacate lower court decisions.
Britain's 'Lockdown Files' Reveal the Sordid Thinking Behind Pandemic Policy
Eye-opening insights into the messy motivations behind restrictive COVID-19 responses.
Cruz v. Arizona's Very Odd Jurisdictional Holding
Did the Court misunderstand its "adequate and independent state ground" doctrine?
Texas Bill Would Bar Citizens of China, Iran, North Korea, and Russia From Studying at State Universities
H.B. 4736 would punish foreigners who are, in many cases, deliberately building lives far away from their repressive countries.
An Oregon Man Was Wrongly Imprisoned for Almost a Year Because of an Error in a DMV Database
The Oregon DMV knew about the problem, but it "wasn't at a high enough level to understand the urgency" of the need to fix it.
International Criminal Court Issues War Crimes Arrest Warrant Against Vladimir Putin
The charge is the crime of illegal kidnapping and deportation of Ukrainian children.
A Class Action Reveals the Horrifying Truth: 'Boneless Wings' Are Breast Meat!
Lawyers representing an allegedly duped Buffalo Wild Wings customer demand that the company disgorge its ill-gotten gains.
China's Purchases of U.S. Land Stoke Bipartisan Panic, Just Like Japan's Did In the 1980s
People panicked in the 1980s that Japan's economic largesse posed a grave threat to American interests. Then the market reined it in.
A Major New Defense of the Major Questions Doctrine
Legal scholar Ilan Wurman argues the controversial doctrine is justifiable on textualist and linguistic grounds.
New Regulations Won't Stop the Next Bank Collapse
Plus: Another campus free speech debacle, foreign cheese groups lose Gruyere trademark case, and more...
In the Israeli Battle Over Judicial Review, Democracy Is the Problem, Not the Solution
Opponents of the reforms favored by Prime Minister Benjamin Netanyahu's coalition should acknowledge the threat posed by unconstrained majority rule.
James Madison's Decentralized Republic
The Constitution was intended to preserve state sovereignty, not create an all-powerful central government.
No Jurisdiction in Federal Court Over Saudi Activist's Claims Against Alleged Hackers for UAE Government
"Plaintiff's allegations of political retaliation and torture are highly concerning. Nevertheless, this Court is bound by jurisdictional limits and grants Defendants' Motion to Dismiss for lack of personal jurisdiction."
Texas Bill Would Create Unit of Unaccountable Border Cops
All officers and employees of the unit would “have immunity from criminal and civil liability” for performing the activities authorized by H.B. 20.
A Florida Bill To Censor Professors Just Got Even Worse
The bill now bans a battery of poorly-defined "Critical Theory" concepts, and prevents schools from funding programs that promote "diversity, equity, and inclusion."
House Republicans Pass Bill To Prevent Federal Meddling in Online Speech
The bill is overbroad and could have unintended consequences.
Critics Lose Their Mind as Arkansas Makes It a Bit Easier for Teens To Work
Youth employment is a recognized path to greater prosperity.
Biden's Plan To Unilaterally Expand Background Checks for Gun Buyers Is Legally and Logically Dubious
The president wants to redefine federally licensed gun dealers in service of an ineffective anti-crime strategy.
My Forthcoming Article on "The Case for Expanding the Anticanon of Constitutional Law"
It argues for increasing the number of cases in the Supreme Court's "Hall of Shame" and proposes three worthy additions.
Texas Man Files Wrongful Death Lawsuit Against Friends Who Helped His Ex-Wife Obtain an Abortion
"I know either way he will use it against me.... And after the fact, I know he will try to act like he has some right to the decision," said the woman in text messages to her friends named as defendants in the suit.
No, the U.S. Shouldn't Wage War Against Mexican Cartels
There's little reason to believe that any of the tactics Republican politicians are proposing would be effective in keeping fentanyl out of the country.
