How do Presidents React to Presidential Subpoenas?
Comparing the reactions from Presidents Jefferson and Trump.
Volokh Conspiracy
Judge Allows Professors' Libel Case Against Ex-Students to Go Forward
The ex-students had accused the professors (at the City University of New York) of sexual assault and other misconduct.
Why do law professors do what they do?
A question that is harder to answer than it may seem.
Why the "No True Scotsman Fallacy" isn't Always a Fallacy
Philosopher Aeon Skoble provides a helpful explanation.
President Trump's Use of the Pardon Power
An analysis finds that Trump is both more stingy and more self-serving than his predecessors in how he has used the pardon power to date
Is John Roberts a Judicial Minimalist, a Coward, or a Strategic Maximizer?
None of these theories fully account for the Chief Justice's decisions, though the strategic maximizer view may come closest.
Short Circuit: A Roundup of Recent Federal Court Decisions
Wild horses, ankle stomps, and covert tweets.
New on SCOTUSBlog: "It must be nice to have John Marshall on your side"
"The Roberts court, alas, only sang from the judiciary’s score. The executive’s verses fell silent."
New Essay: "Presidential Subpoenas during the Burr Trials"
The full history of the proceedings, not the sanitized version presented in Trump v. Vance
ICE's Policy of Excluding Online Students isn't "New"
Universities should have been prepared for the possibility that ICE would not continue to decline to enforce an existing rule.
Professor Put on Administrative Leave for Accurately Quoting Leading Campus Speech Code Case
The professor, the chair of the Central Michigan University journalism department, was teaching a media law class, and quoted a case that discussed the use of the word "nigger" at public universities.
Overtime July ends with the "Clean-Up" List
The Court GVR's other contraceptive mandate cases, but grants the FHFA and First Amendment cases
Garry Kasparov and Me, Talking About Free Speech …
... and, fortunately for me, not playing chess.
"TCPA Class Certification Denial Exposes Major Spousal Scheme" Is a Statement of Opinion,
holds the Second Circuit in a case rejecting a libel lawsuit over a blog post headline.
Trump v. Vance, Burr v. Jefferson, Marshall v. Roberts
It must be nice to have John Marshall on your side.
"A Better Way to Limit Congress' Subpoena Power"—My SCOTUSblog Symposium Article on Trump v. Mazars
The article critiques the majority decision, and outlines a better way to limit Congress' subpoena power.
Are Minneapolis Crime Increases Evidence of a "Ferguson Effect"?
Recent data from Minneapolis show an increase in shooting crimes but not other crimes, the same pattern as in Chicago in 2016. The likely reason is a reduction in police street stops, just as in Chicago in 2016.
Preliminary Thoughts on the Mazars and Vance Cases [Updated with Link to my SCOTUSblog Article on Mazars]
Vance strikes me as compelling and correct. Mazars creates a complex and unwieldy balancing test.
Are We Living in Crazytown?
The bizarre reaction to the anti-cancel culture letter.
BREAKING: Supreme Court Decides Trump Financial Records Cases and Fate of Eastern Oklahoma (Updated)
The Supreme Court rejected Donald Trump's claims of immunity, but reaffirmed limits on investigatory powers, and ruled in favor of Native American tribal claims against Oklahoma.
The Penultimate Day of Overtime July: Religious Liberty Wednesday
Tax Return Thursday is on deck.
Restrictions on Personalized License Plates "Offensive to Good Taste and Decency" Likely Unconstitutional
A federal court in California has allowed a First Amendment challenge to go forward, and the reasoning suggests that the plaintiff will eventually win.
A Big Day for Religious Liberty at the Supreme Court
On the penultimate day of the October 2019 term, the Supreme Court expands the ministerial exception and upholds exemptions to the contraception coverage mandate.
How Migration Restrictions Undermine Meritocracy
ICE's recent decision to bar foreign students enrolled at universities with online-only classes is the tip of the iceberg of a much larger problem.
Harvard and MIT Seek to Enjoin Change to Student Visa Rules
A complaint filed in MA district court alleges violations of the APA
Part V: Barr v. AAPC, Severability Doctrine, and Chief Justice Marshall
Marbury v. Madison does not support modern severability doctrine.
Part IV: Barr v. AAPC and Modern Severability Doctrine
The Court's conservatives are sharply divided on severability.
What Explains the "Republican Reversal" on Environmental Protection?
A book review of "The Republican Reversal: Conservatives and the Environment from Nixon to Trump" by James Morton Turner and Andrew C. Isenberg
What happened in Colorado Department of State v. Baca?
The Supreme Court papered over important differences between the Washington and Colorado cases.
Visas of Students Taking Online Classes at Risk
ICE announces sweeping changes to the temporary modifications in effect
"A Letter on Justice and Open Debate," with Many Prominent Liberal Signers
Posted at the Harper's Magazine site.
"This Is the Real John Roberts"
In the New York Times I explain that the Chief Justice Roberts we've seen this term is the same one we've seen before.
Part III: Barr v. AAPC and Stare Decisis
"John Marshall is not walking through that door." But what exactly did John Marshall say?
Part II: Barr v. AAPC and Content-Based Discrimination
Justice Gorsuch does not agree with, or even cite, Reed v. Town of Gilbert.
A Disconnect in Legal Education: Former 3Ls Refuse to Take the Bar Exam in Person. Current 3Ls Demand to Take Classes in Person.
I am skeptical how many current students actually want to learn on campus this fall. When push come to shove, they will realize that in-person instruction is too risky.
