The Chronicle of Higher Education on the Greg Patton / USC / "Neige" Matter
A very interesting article, with many comments from Prof. Patton himself.
Volokh Conspiracy
New Survey on Public Ignorance About the Holocaust
The poll shows extensive ignorance among millenials and Generation Z, and is consistent with many previous studies showing widespread ignorance about politics and history. But one of its findings may be less bad than it looks.
The Environmental Protection Agency Is Turning 50
A symposium looking back at the agency's history, and forward to its future.
Livestreamed Oral Arguments Will Continue at SCOTUS
October arguments will be over the phone again.
If Proposition 16 Passes, California's Future Might Look Like This
Race-preferential admissions policies are not a gentle thumb on the scale for under-represented minorities in otherwise close cases.
Wrong, But Not En Banc Worthy—2020 Edition
Not every erroneous panel decision needs to be reversed by the full Circuit Court, but was Davenport v. MacLaren such a case?
S.F. "Basic Income" Program for Pregnant Women—But Women of the Wrong Races Need Not Apply
Only black and Pacific Islander women are eligible -- almost certainly a violation of the Equal Protection Clause.
Should Congress Establish an Electoral Commission to Handle Disputes over the 2020 Presidential Election?
Yale Law School Professor Bruce Ackerman and Democratic Rep. Ro Khanna propose an idea that might help avert a constitutional crisis.
"Due Process in a Fee Driven State"
A very interesting law review article from Profs. Glenn Harlan Reynolds (Instapundit) & Penny White.
What Should Libertarians Think About the Trump Administration's NEPA Reforms?
What is wrong with requiring government agencies to consider and disclose the likely environmental consequences of their actions?
When Lower Court Judges Don't Listen
A trial court judge refuses to make a reasonable sentencing decision, and the Sixth Circuit is not amused.
"Inalienable Citizenship" Accepted for Publication
The article will appear in the North Carolina Law Review.
Western District of Pennsylvania Accurately Stated the Modern-Day Relevance of Jacobson v. Massachusetts
I am working on a long article on the 1st, 2nd, and 14th Amendment rights during the pandemic. Stay tuned.
May Legislature Restrict State Constitutional Right to Keep and Bear Arms in the Legislative Building?
A court should decide that question by interpreting the state Bill of Rights, the New Hampshire Supreme Court says; it shouldn't conclude that this is a "political question" to be decided purely by the Legislature and the people.
Trying to Unseal Affidavit and Block Pseudonymity in Cincinnati Police Officer Libel Case
The Cincinnati Enquirer and I have just filed a petition seeking this, in the Ohio Court of Appeals.
Classes #5: "Enumerated Powers III" and "Deeds & Warranties of Title I"
Heart of Atlanta, McClung, and Dole
Kentucky AG: Government Can't Shut Down In-Person Teaching at Religious Schools
The AG's opinion applies strict scrutiny under the First Amendment and the Kentucky Religious Freedom Restoration Act, and concludes that the medical evidence suggests total shutdowns aren't necessary to preserve public health.
Should Universities Recommend (or Demand) Epithet Filtering on Students' and Professors' Internet Devices?
A thought experiment that came to my mind; I'd love to hear what others think about it.
The Controversy Over Quoting Racial Epithets, Now at UC Irvine School of Law
Plus a new draft law review article on the subject, by Prof. Randall Kennedy (Harvard Law School), a leading scholar of race and the law, and me.
Ambazonia, Remedies, and the First Amendment
Across the Atlantic from Amazonia lies ... Ambazonia.
N.Y. Times Op-Ed on U.S. v. Cruikshank
"The Massacre That Emboldened White Supremacists"
Florida Supreme Court Follows the Marbury Model: Executive Violated the Law, but Finds Remedy Is "Legally Unavailable Under These Circumstances"
And what a way to welcome a new colleague: an opinion stating that she was appointed illegally!
Palin v. New York Times District Judge Refuses to Overrule Supreme Court Precedent
"Binding precedent does not ... come with an expiration date."
Sarah Palin's Libel Lawsuit Against the New York Times Can Go to Trial
There is enough evidence that the Times knew their allegations were false (or at least were likely false) to go to the jury.
Defendant Agrees to Bench Trial, But Government Insists on Jury Trial
Court says: Because of the epidemic and the resulting suspension of jury trials, bench trial it is.
Short Circuit: A Roundup of Recent Federal Court Decisions
Anti-Riots, bright youth, and a sick puppy.
Antonin Scalia Law School's Commitment to Open Dialogue and Debate
"The faculty adopted the following Statement of Faculty Principles pertaining to respectful debate and the full and open exchange of ideas at the law school."
Maximum Security Comes Up Short
The Sixth Circuit says neigh to the horse owners' challenge to the Kentucky Derby's disqualification of their horse.
Fighting Words in the Connecticut Supreme Court
Three interesting opinions: a sound majority, a plausible concurrence, and another concurrence focused on "hate speech" that I think is unsound.
DOJ Interim Final Rule Restricts Reliance on Guidance Documents
In response to a Trump Executive Order, the Justice Department seeks to diminish the import of agency guidance.
Rights and Wrongs of Sports Boycotts
NBA players' brief boycott in protest of police abuses and racism raises the more general question of when such boycotts are appropriate. The strongest case for them is when the sports events organizers are themselves perpetrators of grave injustice, even more so when the event directly causes such wrongs.
