Imagining a World Without Qualified Immunity, Part I
What impact would abolishing qualified immunity have on civil rights litigation, police misconduct, and government accountability?
Volokh Conspiracy
The Justice Department and Allegations Against Federal Officeholders
Hard to see what President Trump was referring to with regard to the New York Times story with new allegations about Justice Kavanaugh.
N.M. Abolishes Marital Communication Privilege, Based in Large Part on Feminist Arguments
New Mexico will apparently now be the only state in which spouses may generally testify about confidential statements made during the marriage.
The Second and Sixth Amendments
If a state criminal conviction leads to denial of gun rights under state law (not just federal law), the defendant must be given the option of a jury trial, rules the Nevada Supreme Court.
Short Circuit: A Roundup of Recent Federal Court Decisions
A patronized president, a campaign of emotional torture, and a utterly unqualified forensics expert.
American Constitutional and Political Thought
Resources for teaching and civic education
Trump's War on Immigrants Doesn't Stop At Citizenship
How Trump Could Muzzle Naturalized Citizens
Why did "sources familiar with the private Supreme Court deliberations" talk to CNN about the Census Case?
What do we make of the Department of Commerce leak? And did Justice Sotomayor lose the majority opinion in Gundy?
Corporations and the First Amendment: Free Speech Rules (Episode 6)
Episode 6 of Free Speech Rules, from UCLA law professor Eugene Volokh
Texas Appellate Court Strikes Down Electronic Harassment Statute
The ban on online speech intended to and reasonably likely to (among other things) "annoy," the court says, is unconstitutionally vague and overbroad.
Assessing Justice Sotomayor's First Ten Years on the Supreme Court
The concerns I expressed about her record on property rights when I testified at her 2009 confirmation hearing were justified. But she has compiled an admirable record on several other issues.
The Sec. 230 Temperature is Rising
Liability safe harbors for Internet intermediaries are not responsible for Internet "hate speech"
Olivia Newton-John's Grandfather Was Nobel-Winning Physicist Max Born
I had not known that!
Iranian Custody Decree Given Effect by a Colorado Court
Under Colorado law, the decree stripped a juvenile court of the jurisdiction over an attempt to terminate the parents' parental rights.
Court Rejects Claim for "Negligent Destruction of Employment Opportunity"
"The Court has found[] no case to support the proposition that an employer has a duty to fire an employee in a way that will not interfere with her future employment opportunities or to provide her with a letter of recommendation."
A Warning to Law Students and Young Lawyers
You don't want to explain to your clients why a court would say something like this in its opinion.
A Tip for People Who Seek to Seal Court Filings
Avoid motions "for Leave to File Under Seal Any and All Documents and Depositions Cited in Support of Any Motion, Response, Reply, or Appendix Filed by the Plaintiff/Counter-Defendant."
The Growth of the "Cultic Milieu" and the Spread of Harmful Ideas
Historian Stephen Davies provides a good explanation of why fringe "cultic milieu" ideas are growing in influence. It's a troubling development, but not one that should lead us to categorically abjure non-mainstream political ideas.
Court Overturns Fordham's Decision Not to Recognize Students for Justice in Palestine Chapter
Though Fordham is a private university, under New York law private university decisions that violate the universities' own stated rules may be set aside by a court.
Sarah Palin's Libel Case Against New York Times Can Go Forward
So holds a Second Circuit panel this morning.
Can We Make Congress Legislate Again?
Tools exist to modify the incentives for legislative action, and Congress could deploy some of those tools itself to encourage more regular reauthorization and modernization of federal regulatory programs.
The Perils of Zero-Sum Worldviews Revisited
The El Paso shooter's combination of anti-capitalism, bigotry, and xenophobic nationalism highlights the dangers of zero-sum thinking on left and right. His worldview resembles that of the perpetrator of a similar attack in New Zealand earlier this year. Sadly, these ideas are not confined to a few extremists.
Tort Lawsuit in Quintuple Suicide Case at Truman State University
The parents of two suicide victims blame the university, the ABK fraternity, and an allegedly death-obsessed frat brother
Everyone Has a Right to Call Politicians "Idiots" …
... no matter the politician's race, sex, or religion, and no matter whether the speaker owns a gun store.
Short Circuit: A Roundup of Recent Federal Court Decisions
Full-body banana costumes, in-state grapes, and apple pie.
Lawsuit Challenges Ordinance Requiring Eviction of Entire "Household" if One Member Has Committed a Crime
The case was brought on the family's behalf by the Institute for Justice, a prominent public interest law firm.
Gundy and the Future of Delegation
Will the courts ever be willing to curb excessive delegation? If not, could Congress learn to constrain itself?
Auer Deference Post-Kisor
The Supreme Court reined in Auer deference. Will lower court get the message?
What is the Plaintiffs' Cause of Action in the Wall Litigation?
Like in the Emoluments Clauses cases, plaintiff’s mere allegation that the government is acting ultra vires is not enough to establish an equitable cause of action
Amity Shlaes Responds on Schechter Poultry
Justice Gorsuch was right to rely on her account of Schechter Poultry in "The Forgotten Man"
Help Wanted
I am hiring a new special assistant/counsel at the U.S. Commission on Civil Rights.
Threatening Teachers' Ability to Control Their Classrooms
The U.S. Commission on Civil Rights gets it wrong on school discipline.
How to Read a Legal Opinion—The Article, and Now the Podcast
Something for incoming 1Ls, and for others interested in studying law.
Will Silicon Valley have to choose between end-to-end crypto and shutting down speech it hates?
Episode 274 of the Cyberlaw Podcast
Nieves v. Bartlett and Allegedly Retaliatory Arrests Based on Speech Alone
The Sixth Circuit suggests an important limit on the Supreme Court's Nieves precedent, though it doesn't decide the question.
Laws Banning "Impair[ing] the Functions of any Police … Operations"
The Sixth Circuit expresses concern that such bans may be unconstitutionally vague or overbroad.
The First Amendment and a Parody of a Police Department Web Page
The parodist was arrested for "unlawfully impair[ing] the department's functions," but was acquitted; the Sixth Circuit just let the parodist's lawsuit against the city proceed.
My Revised Essay, #Heckled
I use my CUNY protest to assess how the First Amendment—and broader principles of free speech—should treat the heckler’s veto on today’s college campuses.
