Libel Lawsuit Over University Rape Allegations Can Proceed
So holds a federal district judge, rejecting the defendant's motion to dismiss (though of course without resolving, at this early stage in the lawsuit, who is telling the truth).
Volokh Conspiracy
Shareholders Challenging FHFA's Constitutionality Want Supreme Court to Hear Their Case—Even Though They Won
Fannie Mae and Freddie Mac shareholders convinced the Fifth Circuit to declare the Federal Housing Finance Agency's structure unconstitutional, but they're seeking Supreme Court review nonetheless.
National injunctions and "a spirit of defiance of judicial authority"
A "sternly put" judicial opinion on national injunctions and the APA
Evidence Increasingly Indicates Trump's Ukraine Pressure Tactics Usurped Congress' Power of the Purse—and that he may have Committed a Federal Crime in the Process
If Trump used withholding of aid as leverage to pressure Ukraine into investigating Joe Biden, he both violated the Constitution and committed a federal crime. The evidence released so far strongly points in that direction, even if it is not completely definitive.
Short Circuit: A Roundup of Recent Federal Court Decisions
Bad language, Batman, and bias responses.
Prosecution for Rifle-UC-Rifle Gun Control Sticker
It's apparently happening in Tennessee -- but it's clearly unconstitutional.
Short Circuit Podcast on the First Amendment and Student Newspaper Funding,
religious organizations' right to discriminate in some employment decisions, and federal funding conditions preferring local agencies that help federal immigration enforcement.
Did the President Commit Witness Tampering?
Some Thoughts on How the President's Stalwart Defenders Will Excuse This Latest Episode
7 Cases Everyone Should Know from the Burger Court
Roe, Frontiero, Buckley, Craig, Bakke, Penn Central, and Cleburne
When is it acceptable journalistic practice to "surface" old social media posts?
Journalists should not waste time scrolling through a decade of old Facebook postings with the sole purpose of trying to find something offensive
Is Impeachment a "Constitutional Duty"?
Identifying impeachable offenses is only the first step in deciding what should be done to address them.
11 Cases Everyone Should Know from the Warren Court
Brown, Bolling, Lee Optical, Cooper, Sherbert, Sullivan, Heart of Atlanta, McClung, Griswold, Loving, and O'Brien
Judge Amy Coney Barrett's "Canards of Contemporary Legal Analysis"
A former Scalia clerk revisits Justice Scalia's famed lecture on legal canards and offers a defense of textualism.
U.K. Trial Court: Lying About Vasectomy Negates Consent to Sex
European courts are starting to recognize sexual fraud where U.S. courts generally haven't
Three Cases Everyone Should Know from the Stone and Vinson Courts
Wickard, Korematsu, and Youngstown
Grandmother's Tirade to 13-Year-Old Granddaughter, Blaming Her for Being Raped, Leads to Tort Liability
The California Court of Appeal upheld a $900,000 intentional infliction of emotional distress verdict against the grandmother, who had cofounded the Trinity Broadcasting Network.
Trump, Ukraine, and Congress's Power of the Purse
If Trump threatened to withhold aid funds in order to pressure Ukraine into investigating Joe Biden and his son, he undermined Congress' power of the purse. It's an important aspect of the Ukraine scandal that has so far been largely ignored.
Breaking–Professor Mila Sohoni on Article III and the "Universal" Injunction
Does Article III forbid the injunction that protects non-plaintiffs?
8 Cases Everyone Should Know from the Hughes Court
O'Gorman, Stromberg., Nebbia, Schechter Poultry, West Coast Hotel, Jones & Laughlin Steel, Carolene Products, Darby
We Have Now Entered the Twilight Zone
Where are the Republicans - the honest and patriotic ones - who will help lead us out of this calamitous mess?
#ShutUp #RightNow: Speech Restriction Quickly Imposed on Woman Who Accused Ex-Boyfriend of Being a Stalker
A Texas judge issued the temporary restraining order before any trial on the merits, and apparently without the ex-girlfriend even showing up -- and it seems inconsistent with Texas law and likely the First Amendment/
"His Most Gracious Temporary Restraining Order"—Most Texan or Most Un-Texan?
What an odd locution to see in Texas court orders.
11 Cases Everyone Should Know from the White and Taft Courts
Buchanan, Hammer, Schenck, Debs, Abrams, Penn. Coal, Adkins, Meyer, Pierce, Gitlow, and Buck
Disclosure vs. Secrecy All the Way Down
An attempt to seal a key document in a libel / breach of contract case filed by a former communication strategist for Julian Assange against a former lawyer for Edward Snowden.
"Islam Is RIGHT About Women"
That's what flyers posted in Winchester (Massachusetts) say.
Abolish the President's Virtually Unconstrained Power to Impose Tariffs
As Trump's trade wars demonstrate, giving the president unilateral authority to impose tariffs is both dangerous and unconstitutional. Getting rid of it is likely to require a combination of litigation and political mobilization.
Short Circuit: A Roundup of Recent Federal Court Decisions
Waterfowl production, Officer Outlaw, and all-white juries.
Sanctions Imposed on Alleged "Copyright Troll"
for what the judge concludes are discovery violations, in a copyright case involving photos of model Emily Ratajkowski.
10 Cases Everyone Should Know from the Waite and Fuller Courts
Cruikshank, Strauder, Civil Rights Cases, Yick Wo, Hans, E.C. Knight, Plessy, Champion, Lochner, and Muller
Imagining a World Without Qualified Immunity, Part V
Absent qualified immunity, government indemnification and budgeting would continue to dampen the effect of lawsuits on government decisionmaking—but eliminating the defense could exert other pressures on government to improve.
Che Guevara, Donald Trump, Public Citizen (Founded by Ralph Nader), and Copyright Law
A fun copyright controversy.
8 Cases Everyone Should Know from the Taney and Chase Courts
Prigg, Dred Scott, Merryman, Dewitt, Hepburn, Knox, Slaughter-House, and Bradwell
The First Amendment and Tax Exemptions for "Hate" Groups
Just testified this morning before the House Ways & Means Committee Oversight Subcommittee about this.
Imagining a World Without Qualified Immunity, Part IV
Were qualified immunity eliminated, the total number of civil rights cases would likely increase, but attorneys would continue to have strong incentives not to file insubstantial cases.
5 Cases Everyone Should Know from the Jay and Marshall Courts
Chisholm, Marbury, McCulloch, Gibbons, and Barron
Imagining a World Without Qualified Immunity, Part III
Eliminating qualified immunity would decrease the average cost, complexity, and time spent adjudicating civil rights cases.
Introducing ConLaw.us
An Interactive Web Site To Explore the 100 Supreme Court Cases Everyone Should Know
CFPB Decides that the CFPB Is Unconstitutional
In a newly filed brief with the Supreme Court, the Justice Department claims the Consumer Financial Protection Board's structure is unlawful.
An Introduction to Constitutional Law: 100 Supreme Court Cases Everyone Should Know
This book and video series teaches the narrative of constitutional law as it has developed over the past two centuries.
Imagining a World Without Qualified Immunity, Part II
Absent qualified immunity, the rate at which plaintiffs win would remain about the same.
Free speech for thee and for me
Calligraphers win the right to refuse wedding invitations
Will international trade law block IOT cybersecurity regulation?
Episode 278 of the Cyberlaw Podcast
Freedom of Speech Protects Calligraphers' Right Not to Create Custom Same-Sex Wedding Invitations
So holds the Arizona Supreme Court.
