More on Sealing from the Third Circuit
Sealed litigation is a rare exception to American courts' normal rule of public access.
Volokh Conspiracy
Senator Blumenthal's Emoluments Clause brief conflicts with INS v. Chadha
Resolutions to approve the acceptance of foreign gifts and emoluments must be presented to the President
Can't Seal Lawsuit to Protect the Marketability of Your House
Lawsuits are matters of public record -- and you generally can't hide them from prospective business partners, employers, house buyers, or others.
Trump Administration Loses a Sanctuary City Case—Yet Again
The latest in a long line of court decisions ruling against Trump's efforts to pressure sanctuary cities into helping deport undocumented immigrants features an opinion by two conservative Republican judicial appointees.
Indiana Supreme Court Applies Eighth Amendment to Curb "Oppressive" Asset Forfeitures
The ruling is a continuation of the same case in which the federal Supreme Court ruled that the Excessive Fines Clause of the Eighth Amendment is "incorporated" against state governments and applies to asset forfeitures.
Short Circuit: A Roundup of Recent Federal Court Decisions
SWAT teams, filter teams, and the IRS' asset forfeiture database.
Podcast on Federalism and Sanctuary Cities
Prof. Brian Frye of the University of Kentucky Law School interviewed me on this subject, as part of his series of "Ipse Dixit" podcasts.
The First Amendment and Courts Interpreting Religious Terms
Prof. Michael Broyde (Emory) responds to my post from a few weeks ago.
Federal Court Rules there is no Taking if the Police Destroy an Innocent Person's House During a Law Enforcement Operation
The ruling has considerable backing from precedent. But it is nonetheless based on a deeply flawed doctrine.
Should federal Indian law be textualist?
Todd Henderson on the legal status of Eastern Oklahoma
Reasonable Suspicion From Driver to Car: A Few Thoughts on Kansas v. Glover
Some interesting issues raised by the only Fourth Amendment case currently on the Supreme Court's docket.
Can lower courts decide novel abortion cases?
A strange, if understandable, form of abstention from Judge Easterbrook
Judicial Nominees should only meet with ABA investigators if a court reporter is present
The ABA's report about Lawrence VanDyke included a claim that is, at best, misleading
Federal Court Rules Against Blue-State Lawsuit Challenging Constitutionality of Cap on Federal Tax Deduction for State and Local Tax Payments
The court rejected the four states' claims that the cap on the SALT deduction enacted in the 2017 tax act violated the Tenth Amendment and "coerced" states.
Civil Court Can't Decide What "Torah Law" Means, Even if Contract Calls for Applying It
So holds a Connecticut decision, I think correctly:
$130,000 Attorney Fee in Pomona College's Denial of Due Process
The California Court of Appeal upheld the fee, awarded to a student who had been accused of sexual misconduct.
Is Mass Incarceration Inevitable? Part 1. What's the Problem?
Why we should care about mass incarceration.
The Inspector General, General Services Administration, Refuses to Acknowledge Her Plain Error About the Domestic Emoluments Clause
During the 1793 auction, President Washington purchased public, not private land.
The 2019 Harlan Institute-ConSource Virtual Supreme Court
High School Students Can Write Briefs and Make Oral Arguments for Espinoza v. Montana Department of Revenue
Bloomberg Law Finally Retracts Its False and Misleading Story about Leif Olson
Editor: "We failed to meet our editorial standards for fairness and accuracy"
Short Circuit: A Roundup of Recent Federal Court Decisions
Net neutrality, malingering mailmen, and procrastinating plaintiffs
7 More Cases Everyone Should Know From the Roberts Court
Fisher I, Windsor, Noel Canning, Hobby Lobby, Obergefell, Fisher II, Whole Woman's Health
Treason (!), Sedition, and Trump Derangement Syndrome
What if we actually took what Trump said seriously? As though he were, say, the President of the United States?
The Office of Legal Counsel Has Not Shifted Its Position on Whether the Foreign Emoluments Clause Applies to the President. But the Civil Division Has.
DOJ’s Schrödinger’s Briefs in the Emoluments Clauses litigation are in tension with a 2009 OLC Opinion
Ben Penn's False and Misleading Email to the Department of Labor
Frank Bednarz and Ted Frank submitted a FOIA Request to DOL for messages from Bloomberg Law's Ben Penn
My New "Atlantic" Article Making the Case for Abolishing Constitutional Double Standards in Immigration Law
The article explains why we should do away with legal doctrines that largely exempt immigration restrictions from constitutional constraints that apply to virtually every other exercise of government power.
7 Cases Everyone Should Know from the Roberts Court
Heller, Citizens United, Stevens, McDonald, Snyder, Brown, and NFIB
The Congressional Research Service Has Shifted Its Position on Whether the Foreign Emoluments Clause Applies to the President
CRS has relied on Tillman’s Scholarship about who holds an “Office . . . under” the United States
8 More Cases Everyone Should Know from the Rehnquist Court
Gratz, Grutter, Lawrence, McConnell, Raich, Kelo, McCreary County, and Van Orden
Did the Lochner Court Have a Green Thumb?
The Supreme Court known for its skepticism of government regulation nonetheless upheld early environmental protection efforts.
D.C. Circuit Upholds FCC Decision to Rescind "Net Neutrality" (But Rejects FCC Attempt to Preempt Conflicting State Law)
In a lengthy opinion, a divided three-judge panel turns away most of the legal challenges to the Federal Communications Commission's "Restoring Internet Freedom" Order
7 More Cases Everyone Should Know from the Rehnquist Court
Lopez, Seminole Tribe, Romer, Virginia, City of Boerne, Printz, Morrison
Why the 70th Anniversary of the Establishment of the People's Republic of China Should be a Day of Mourning
The PRC committed the biggest mass murder in the history of the world, and numerous other atrocities and human rights violations, some of which go on at this very moment.
Can States Eliminate the Insanity Defense?
A fascinating and important criminal law case to be argued next week on the first day of the new Supreme Court Term.
Stairway to Heaven and the Scope of Musical Copyright
Led Zeppelin may have borrowed from the band "Spirit" in creating the well-known intro to their classic hit, but did they infringe anyone's copyright in doing so?
8 Cases Everyone Should Know from the Rehnquist Court
Dole, Morrison, Johnson, Smith, New York, R.A.V., Casey, Church of the Lukumi
