Yale Journal on Regulation Symposium on Peter Shane's "Democracy's Chief Executive"
Participants include Daniel Farber, Keith Whittington, Cristina Rodriguez, Lisa Heinzerling, and myself, among others.
Law & Government
Bernie Sanders-Backed John Fetterman Prevails in Pennsylvania
Voters told exit pollsters they had little confidence in the ability of either Fetterman or Oz to represent Pennsylvania.
Supreme Court Turns Down Opportunity to Reconsider Three More Precedents
Justices Thomas and Gorsuch have a much greater appetite for reconsidering prior precedent than the other justices do.
Sixth Circuit Holds Deposition Testimony Does Not Waive Fifth Amendment Right Against Self-Incrimination
A divided panel concludes that government officials forced to testify at Flint Water Crisis civil trial did not waive their constitutional right against self-incrimination just because they had answered questions in depositions.
Arizona Appeals Court Deflates Subsidies for Space Balloons
According to the ruling, the Pima County Board of Supervisors violated the state constitution's Gift Clause with its sweetheart deal to a space tourism company.
Jackson, in First Supreme Court Opinion, Defends Death Row Inmate
In her short, yet searing dissent, Justice Ketanji Brown Jackson argues that the court should have granted the petition of an Ohio man sentenced to death after prosecutors hid a key witness' severe intellectual disability from jurors.
Kari Lake's Election Conspiracy Theories Aren't Even the Worst Thing About Her
It's her willingness to wield state power to punish the ideas and groups she dislikes.
In Arizona's Senate Race, Blake Masters and Mark Kelly Battle Over Their Preferred Kinds of Big Government
Though the candidates have seemingly little in common, either one winning will harm the cause of individual liberty.
'This Is What Democracy Looks Like. And It Kinda Sucks.'
Plus: Peter Suderman may or may not attempt a rendition of a famous rap from the movie Bulworth.
Some Supreme Court Justices Want the Court To Tackle More Government Abuse Cases
Unfortunately, in five separate cases today, they're outnumbered.
Reply All Is Not a Crime, Says the American Bar Association (Controversially)
To be precise, it's not an ethical violation, when opposing counsel e-mails you cc'ing their clients, and you Reply All. (But some states disagree.)
Neither Democrats Nor Republicans Have a Clear Advantage Going Into Election Day
Plus: University cancels "The Problem of Whiteness" class, Twitter's snowflake-in-chief, and more...
Kansas Voters Could Give Legislature Power To Veto Executive Branch Regulations
The proposed constitutional amendment would shift the state's balance of political power.
This Court Case Could Make It a Crime To Be a Journalist in Texas
Priscilla Villarreal found herself in a jail cell for publishing two routine stories. A federal court still can't decide what to do about that.
Section 230 Heads to the Supreme Court
The crucial protector of internet speech might have some cracks in its armor.
Air Force One Cost Overruns Are a Reminder of How Expensive an Imperial Presidency Can Be
Boeing reports that the two new presidential shuttles its building will now be $2 billion over budget.
Herschel Walker's Unseriousness Overshadowed What Should Have Been a Serious Race
Even before his personal foibles became front-page news, the former football star was more like a caricature of a bad candidate.
A New Authoritarian Political Style Is on the Ballot in Ohio
The most jarring thing about Senate candidate J.D. Vance is how open he is about rejecting the rule of law.
In Pennsylvania, John Fetterman and Dr. Oz Race to the Bottom
Neither candidate in the crucially important Pennsylvania Senate race has made much of a positive case for his candidacy.
Reddit Is Not Guilty of Sex Trafficking, Says Court
In a post-FOSTA world, Section 230 still protects websites from lawsuits over criminal sexual conduct by their users.
Senator Dick Durbin Doesn't Understand the First Amendment
On Tuesday, the senator erroneously claimed that "free speech does not include spreading misinformation."
United States of America Pageants Has First Amendment Right To Exclude Transgender Women, Court Says
Plus: The emptiness of Democrats' pro-democracy rhetoric, the real reason Social Security checks are getting bigger, and more...
A Step Backwards for Cameras in the Courtroom
Supreme Court protesters may get their moment of fame, but they may make it less likely the justices will allow live video broadcast of oral arguments.
A GOP-Led Congress May Focus on Owning the Libs. Instead, It Should Focus on Owning Inflation.
If the midterms favor Republicans, their top priority needs to be the fight against inflation—whether or not they feel like they created the problem.
Judge Bibas on "Judges Gone Wild"
The federal appellate judge suggests judges should focus less on social media attention, and more on ensuring their opinions are clear, succinct and correct.
In Arizona, Blake Masters and Kari Lake Embrace Bad Border Policies
The anti-immigrant tenor of the state's GOP candidates is keeping reasonable conversations about border security out of reach.
White House Deletes Tweet Praising Biden for Inflation
In a now-deleted tweet, the official White House Twitter account attempted to frame a mandated cost-of-living increase in Social Security checks as the result of President Biden's good "leadership."
Illinois Voters Asked Whether To Give Government Unions Veto Power Over Laws They Don't Like
Amendment 1 would grant public workers collective bargaining power over just about anything that affects them, ignoring the will of voters and lawmakers.
Will Pennsylvania's Libertarian Senate Candidate Drop Out? 'That's a Hard No.'
Like Arizona's Marc Victor, Erik Gerhardt is a potential spoiler in one of the nation's biggest Senate races. Unlike Victor, he's embracing the role.
In Kentucky, Legal Abortion Is on the Ballot
Voters will soon cast ballots on a constitutional amendment that seeks to explicitly remove any protections for abortion in the state's constitution.
Should Rap Lyrics Qualify as Evidence in Criminal Trials?
The music industry objects to the use of rap lyrics by prosecutors.
The Supreme Court Could End Affirmative Action
In the two cases, brought against Harvard and the University of North Carolina, anti-affirmative action group Students for Fair Admissions argues that race-conscious admissions violate the Civil Rights Act
ATF, Enforcer of Gun Laws, Lost 'Thousands of Firearms, Firearm Parts' to Thieves
The agency should be abolished and its employees sent to seek jobs in the private sector.
Revisiting the First Trump Impeachment
New article in symposium on the law and politics of impeachment now available
New Poll Shows Cratering Support for Total Abortion Bans Among Republicans
New data from the Public Religion Research Institute show a dramatic decline in Republican support for making abortion illegal in all cases. How this will effect voter behavior remains to be seen.
Michigan Court Allows Town To Use Drones To Snoop Without Warrants. One Couple Is Suing.
The Institute for Justice argues evidence from warrantless searches can’t be used for zoning enforcement.
Florida's Constitutional Revision Commission Is Unelected, Unaccountable, and Unnecessary
This November, voters will have the chance to abolish it. They should.
Forget "Your Honor," Just Call Him "Judge"
The Honorable Ben Beaton would prefer not to be called "Your Honor."
Judge Dismisses Lawsuit Against TikTok Over Child's Death in Blackout Challenge
In his dismissal order, the judge cited Section 230, the law protecting websites from liability for user-generated content.
Could the Supreme Court Decide Moore v. Harper on Statutory Grounds?
An amicus brief by Professor Derek Muller suggests the justices need not confront the "Independent State Legislature" doctrine head on.
The 'Experts' Were Never Going To Fix Inflation
The idea that the Fed has the knowledge necessary to control the economy with perfectly calibrated policies was always an illusion.
Biden and Journalists Agree: Republicans Would Deliberately 'Crash' the Economy
But…does that make any sense?
Biden Is Pushing 'Equity' and 'Environmental Justice' Into Every Corner of the Regulatory State
Will a new commission at the U.S. Department of Agriculture solve racism? We're going to find out.
San Francisco Wants To Spend $1.7 Million on a Single Public Toilet
Local officials argue that the eye-popping sum is necessary due to rising construction costs, but experts disagree.
