Judge Lynn Adelman (ED.Wi) on CJ Roberts's Confirmation Hearing: "Masterpiece of Disingenuousness"
"Roberts’ misleading testimony inevitably comes to mind when one considers the course of decision-making by the Court over which he presides."
Volokh Conspiracy
Muslim Inmate Objects to Strip Search with Transgender Female-to-Male Guard Watching
The prison's actions satisfied the strict scrutiny test, a federal court just held, so the inmate loses.
Long Island Federal Court Coronavirus-Related Order
An interesting order today from Magistrate Judge James Orenstein.
Manhattan Federal Court Coronavirus-Related Restrictions
In light of this, should the presumptive First Amendment right of access to court cases require the court to provide video coverage of hearings?
Unfiltered: An interview with NSA's former general counsel
Episode 304 of the Cyberlaw Podcast
The National Injunction Arrives at the Supreme Court
A Bagley-Bray amicus brief in Trump v. Pennsylvania.
An Algorithm for Predicting Recidivism Isn't a Product for Products Liability Purposes
"'[I]nformation, guidance, ideas, and recommendations' are not 'product[s]' under the Third Restatement, both as a definitional matter and because extending strict liability to the distribution of ideas would raise serious First Amendment concerns."
Would a Ban on Handshaking Be Constitutional?
Not that I'm suggesting it, but it's an interesting con law hypo.
Short Circuit: A Roundup of Recent Federal Court Decisions
Threatening a ref, double jeopardy, and slave labor.
No Sealing + Harsh Words About Employer-Mandated Arbitration in Doordash Case
"The district court should not be a party to concealing this information from the public, especially as it concerns an arbitration organization that holds itself out to the public as impartial. These documents would be useful to the public in evaluating the true extent to which the organization is impartial."
Magazines over 10 rounds were well-known to the Founders
Third Circuit case challenges NJ magazine confiscation statute
"Judge Who Sealed Documents Relating to Her Home in Beach Community Gets Reversed by Appellate Court"
An update on that Connecticut unsealing case.
A new twist in the endless debate over end-to-end encryption
The EARN IT Act deserves a close look
The ratification of the Equal Rights Amendment could lead to an Article V Convention for Proposing Amendments
If states cannot rescind their ratification proposals, then 2/3 of the states may have already voted to call an Article V Convention for the Balanced Budget Amendment
N.Y. Court Refuses to Order Yemeni Father to Return Children to U.S.
The children have lived in Yemen long enough that it is now their "home state" for N.Y. family law purposes.
Justice Ginsburg maintains her position that the deadline to ratify the Equal Rights Amendment has passed
Litigation concerning the ratification of the ERA is pending in federal court in Alabama, Massachusetts, and D.C.
Texas Challenges California's Interstate "Travel Ban" in the Supreme Court's Original Jurisdiction
The suit alleges violations of the Dormant Commerce Clause, the Privileges and Immunities Clause, and the Equal Protection Clause
"Originalism and Stare Decisis in the Lower Courts"
Now published in the NYU Journal of Law & Liberty
Judge Bumatay's Originalist Eighth Amendment dissent from denial of rehearing en banc
"The Eighth Amendment’s history and original understanding are of vital importance to this case."
The European Court of Justice Is About to Kick Off a Massive US-EU Trade War
Episode 299 of the Cyberlaw Podcast
The Role of Originalism in Torres v. Madrid
Some preliminary thoughts on a fascinating case.
A Proposal for a New Federal Clerkship Hiring Plan (When The Current One Collapses)
It's time to stop trying to cartelize the market for law clerks
"An Introduction to Constitutional Law" Featured on Life, Liberty, & Levin
Our book shot to #4 on the Amazon.com best seller list, and is now completely sold out everywhere
@UnsealieCourt, a New Twitter Feed for News About Public Access to Court Records
(and perhaps to other government records).
The Coronavirus and the Constitution
From Louisiana State University law professor Ed Richards.
Could President Trump Control the CFPB After He Leaves Office? (Updated)
The Consumer Financial Protection Bureau could be completely independent of the next occupant of the White House.
Congressional Oversight Goes to Court
Even with the end of the impeachment trial, legal battles over access to the President's financial records and other documents continues.
The Legislative Seems to Be Pushing Back the Power of the Executive in One Area
It's appellate and Supreme Court judicial appointments.
"Now That Democrats Have Failed in Their Attempt to Remove the President from Power,
it's worth asking why they haven't seriously considered the reverse: removing power from the president."
D.C. Circuit Dispatches with Congressional Emoluments Suit
In a brief, direct opinion, the D.C. Circuit concludes that members of Congress lack standing to sue the President alleging a violation of the Foreign Emoluments Clause
Last Monday: Second Circuit Fair Use Day (Drake + Sargon of Akkad)
Four Second Circuit judges gave fair use victories (separately) to rapper Drake and blogger Sargon of Akkad, concluding that defendants' uses of plaintiffs' work to comment on it and criticize it were fair use and thus not copyright infringement.
Short Circuit: A Roundup of Recent Federal Court Decisions
Foreign emoluments, wage histories, and defenestration.
