UCLR Online Symposium on Seila Law v. CFPB
A collection of essays analyzing one of the more important administrative law decisions of the October 2019 term.
Volokh Conspiracy
The ACLU Defends the NRA
David Cole writes in defense of the National Rifle Association
Solicitor General: "At least five Justices explicitly rejected the balancing test" that considers the "benefits and burdens" under Whole Woman's Health
The SG agrees with the Eighth Circuit and Judge Willett. The Supreme Court may have to decide the vitality of Whole Woman's Health sooner than I expected.
Cato Unbound Symposium on the 50th Anniversary of "Exit, Voice, and Loyalty" Continues
Adam Thierer, author of the lead essay, has a response to his critics.
Classes #4: "Enumerated Powers II – The New Deal Court" and "The Contract of Sale II"
Now, without the buzzing feedback
New in Chicago Law Review Online: "October Term 2019 in Review: Blue June"
"This Essay was inspired by Dave Barry’s satirical year-in-review columns. I hope to make it an annual tradition."
Kamala Harris on the Second Amendment
A 2008 brief that she signed (1) argued that a total handgun ban was constitutional, and (2) strongly suggested that the Second Amendment doesn't secure an individual right.
Good News for Birds (and Wind Power)
Something as simple as black paint may reduce avian mortalities from wind power.
How to Follow Supreme Court Precedent
The Sixth Circuit recognizes that Supreme Court precedent is binding until overruled by the Supreme Court.
One advantage of Zoom University: Classes can continue during inclement weather
And students can easily watch recorded classes even if they are affected by the weather.
Justifying a Moral Duty to Vote is a Lot Harder than You Might Think
Political philosopher Jason Brennan explains why.
Texas Files Motion in the En Banc Court to Stay Injunction Pending Appeal in Whole Woman's Health v. Paxton (Updated)
As far as I am aware, the Texas SG is the first litigant to seek en banc review of an interim panel order.
Dean Lyrissa Lidsky on the Nicholas Sandmann Litigation
Dean Lidsky is a libel law scholar, and one of the two Reporters of the Restatement (Third) of Torts: Defamation & Privacy.
A $5,764 Small Claims Judgment Leads to …
competing conclusions of unconstitutionality under two separate constitutional provisions, in two separate jurisdictions.
New in Law and Contemporary Problems: The Right to Code and Share Arms
"Over the course of five hectic days, I would brief and argue four temporary restraining order (TRO) motions in four courts. I prevailed on the first three. The fourth court, alas, issued a global injunction that blocked our settlement. "
Anti-Riot Act Partly Upheld, Partly Struck Down
The Fourth Circuit decides a case involving defendants who violently participated in two white supremacist rallies in California and in the "Unite the Right" rally in Charlottesville, but the logic applies equally to rioters of all stripes.
The Key to Zoom University: More Polling, Less Lecturing
This semester I am lecturing less and asking far more polling questions.
Classes Today: "Enumerated Power I" and "Introduction to the Sales Contract"
I figured out the feedback issue. It will be fixed on Wednesday
Monday Bear Blogging—Covid-19 Edition
Bear hunting and social distancing go together, at least in Maine.
SCOTUS Expands Texas ACA Case Oral Argument (Updated)
Two sets of states, the House of Representatives and Solicitor General all get argument time.
#MeToo, #TheyLied, and Pseudonymous Litigation (II)
When can libel plaintiffs, suing over allegedly false claims of sexual misconduct, sue pseudonymously? When can defendants defend pseudonymously?
Immediate Appellate Review of Prior Restraint in Cincinnati Policeman Libel Suit?
Here's an amicus brief we just filed. It's just like with the Nazis!
Mask Mandates and the Right to Vote
Would requiring masks for in-person voting infringe constitutional rights?
Is Solidified Pour-On Liquid Latex "Clothing"?
A Texas agency could concluded that it is not, says the Texas Court of Appeals.
There is No "Straight News" Anymore
The New York Times, once very careful about mixing news and opinion, is now an overtly partisan newspaper
Do Threatened Businesses and Institutions Have Heightened Legal Obligations to Provide Security?
This case involved a Colorado Springs abortion clinic, but it could equally apply to synagogues, bookstores selling books with Mohammed cartoons, animal research facilities, etc.
Judge Willett (CA5) Finds That June Medical Rendered Whole Woman's Health An "Invalid Legal Standard"
Willett agrees with Justice Kavanaugh, and the Eighth Circuit, in applying the Marks Rule to June Medical.
Short Circuit: A Roundup of Recent Federal Court Decisions
Moss piglets, Costco at Tiffany’s, and murder-for-hire.
Statements about American Jews as a Group Can't Be Libelous
So holds a federal court, quite correctly; of course, the same is true about any religious group, racial group, or other such large group.
Tweeting That Someone Is Xenophobic Is Nonlibelous Opinion
An interesting decision in former AP journalist Charles Ganske's lawsuit against former Member of Parliament Louise Mensch, with allegations of Russian bots and Tweeting frenzies thrown in for good measure.
Does the Democratic Platform Endorse Court-Packing?
When it comes to the Supreme Court, the answer is clearly "no." Things are less clear when it comes to the lower federal courts.
