Med School Professor Removed from Fellowship Director Post, Apparently for Publishing Anti-Affirmative-Action Journal Article
This happened at University of Pittsburgh, a public university.
Volokh Conspiracy
Judge Throws Out Devin Nunes' Libel Lawsuit Against Ryan Lizza
The suit was based on an Esquire article about an Iowa farm run by members of Congressman Nunes' family.
Ex-Wife Prosecuted for Violating Order That She "Shall Not Post Anything" About Ex-Husband
But the judge threw out the prosecution, on the ground that the order violated the First Amendment.
Lex Loci Delicti, not Praetor Peregrinus
Or, Virginia is for lovers, not libel tourists.
Can't Seal Court Files Just to Keep Them from One's Current Employer
or from one's house of worship or from the nursing board.
Gun Stores Have Standing to Raise Their Customers' Second Amendment Rights
in challenge to Maryland's handgun license requirement.
Sixth Circuit Rejects Covid-Based Challenge to Ballot-Access Laws
The court rejects the claims that Ohio's ballot-access laws have become unconstitutionally coercive due to the pandemic.
Supreme Court Leaks Are Unfortunate, But This Wasn't A Big Deal
A response to my co-blogger Josh Blackman.
New in Newsweek: "A Supreme Court divided cannot stand. John Roberts must step up or step off."
Here are five steps Chief Justice Roberts can take to bring the Court back in order. If by next July, Roberts cannot step up to this challenge—either through his own ineptitude or his own malfeasance—then he should step down from the Court.
Connecticut Passes Law Curbing Qualified Immunity—but with Loopholes
The law is a step in the right direction, but has significant limitations, that should be a warning sign for future reform efforts.
150 Law School Deans ask ABA to require "every law school [to] provide training and education around bias, cultural competence, and anti-racism"
Law schools should be very, very careful before imposing loyalty pledges and flawed social science testing on faculty and students.
Ninth Circuit Affirms Dismissal of Stormy Daniels' Libel Lawsuit Against President Trump
Trump's Tweet ("A sketch years later about a nonexistent man. A total con job, playing the Fake News Media for Fools (but they know it)!") was opinion, and thus not actionable.
Faculty and Student Pledges
Universities can ask members of the community to stay safe during the COVID pandemic. But they cannot prescribe what shall be orthodox.
The Highlights of Joan Biskupic's Four-Part Series
The most important elements of the Supreme Court leaks.
Supreme Court Refuses to Allow District Court to Halt Border Wall Construction
Yet again, the Chief Justice shows his distaste for preliminary injunctions.
Short Circuit: A Roundup of Recent Federal Court Decisions
Apple permits, laser beams, and Nazis in Skokie.
Prominent Conservative Legal Scholar Steve Calabresi Calls for Trump's Impeachment
The reason is Trump's recent tweet calling for postponement of the election.
Reminder: The Federalist Society Does Not Take Positions On Legal Questions.
That rule applies to Steve Calabresi, and Student Chapters.
Thursday Open Thread
Last week's open thread seemed fun and interesting (and drew >250 comments), so I thought I'd do it again.
Do Plaintiffs from Conservative Cultural/Religious Groups (e.g., Muslims) Have More Right to Proceed Pseudonymously in Sex Assault Lawsuits?
That's what an Eleventh Circuit opinion seems to suggest, in a case where a Trinidadian Muslim plaintiff said she "come[s] from a strict Muslim household where under [their] cultural beliefs and traditions such a sexual assault would have the tendency to bring shame and humiliation upon [her] family."
Did Justice Thomas quietly dissent in Little v. Reclaim Idaho in light of his dissent from Doe v. Reed?
Roberts, Alito, Gorsuch, and Kavanaugh concurred in the grant of the stay. Sotomayor and Ginsburg dissented. What about Justices Thomas, Breyer, and Kagan?
Leaks from the Supreme Court, Part IV: The Tax Return Cases from Roberts's Perspective
Part IV is mostly a rehash of Part III, though we learn that RBG is only telling some of members about her health.
The D.C. Circuit Will Rehear the Flynn Case En Banc
Look for the full appellate court to send the case back to the trial court - which is where it belongs.
California Man's Gun Seized, Apparently Because He Was a Racist Group Leader
Could such "gun violence restraining orders" likewise be used against people who talk about violence and a "pig problem" or "fascist problem" as opposed to "n■■■, k■■■, and h■■■ problem" (expurgation in news video)?
Should Elected Prosecutor Be Disqualified for Highlighting Pending Criminal Case in Election Fundraising?
That's what a motion in the St. Louis Mark & Patricia McCloskey case argues.
Predictions for Part IV of CNN Leak Series: Our Lady of Guadalupe, Little Sisters, of the Poor, and Espinoza
Justices Breyer and Kagan flex their moderate muscles to narrow Guadalupe and Little Sisters, but cannot persuade the stubborn Chief Justice on Espinoza
Release Condition: "Defendant May Not Attend any Other Protests … or Public Gatherings in … Oregon"
Some people arrested in Portland for misdemeanor failure to obey a lawful order have had these conditions imposed as a condition of being released before trial. But the law related to such conditions is surprisingly complex.
Leaks from the Supreme Court, Part III: Justice Kavanaugh's Weak and Ineffective Term
After two days of hero worship for Chief Justice Roberts and Justice Gorsuch, day three dumps on the Junior Justice.
