Even Amy Wax is Protected by Academic Freedom
Academic freedom for me but not for thee is no way to run a university
Volokh Conspiracy
Delegation and Time
Sometimes it is not the breadth of legislative delegation that is a problem, so much as it is the age (and potential obsolescence) of such delegation, and that's something Congress should learn to address.
More on the Michelle Carter Case and New Legislation
In the aftermath of the "I Love You, Now Die" documentary
Justice Ginsburg on Justices Gorsuch and Kavanaugh
The Notorious RBG seems to like her newest colleagues.
Supreme Court Stays Lower Court Ruling Against Trump's Border Wall Construction
It's a win for Trump; but only on procedural grounds. The broader legal battle over the wall is far from over.
Short Circuit: A Roundup of Recent Federal Court Decisions
SWAT raids, safe spaces, and a Mumbai mobster.
The Article II Executive Power and the Rule of Law (Part V)
The Whig conception of executive power has appeared in debates about Article II throughout American constitutional history.
CBS News Story on Forged Court Orders Aimed at Vanishing Posts from Google Searches
"I'm trying to figure out how the same links that are in this contract that you were paid $7,500 to remove end up in a fake court order with the client's name?"
Lawsuit Challenges State Department Policy Discriminating Against Foreign-Born Children of Same-Sex Married Couples
The policy denies citizenship to some children of married US-citizen same-sex couples if the child is born abroad, in situations where the child of opposite-sex couples are automatically considered citizens. It is a clear case of unconstitutional sex discrimination.
Notorious RBG Opposes Court Packing
In recent interview, Justice Ginsburg says it would be a bad idea to increase the number of justices
The Article II Executive Power and the Rule of Law (Part 4)
In some contexts, notably foreign affairs, the Constitution creates a default in favor of presidential policy discretion which can be overridden by Congress in the exercise of its constitutional powers.
Employment Discrimination Plaintiff Can't Get Case Sealed After Settlement
Stephanie Gilliard argued "that offers of employment have been rescinded after Google searches of her name revealed the events of this case, namely her surreptitious recordings of her co-workers."
Mueller Hearings Another Summer Movie Disappointment
That did not quite go as expected
"A Poster Boy for the Long-Sentenced, Non-Violent Drug Offender?"
Sen. Cory Booker gives William Underwood as an example of a man "serving a life sentence ... for a nonviolent drug crime he committed in 1988." But "[t]he government's evidence at trial showed that from the 1970's until his arrest in late 1988, Underwood supervised and controlled an extensive and extremely violent narcotics trafficking operation involving a number of murders and conspiracies to murder ...."
The Trump Administration Does Not Support The Total Invalidation of the ACA
DOJ (Quietly) Prefers Justice Thomas’s Approach from Murphy v. NCAA: Only Enjoin the Provisions that Injure the Plaintiffs
The Article II Executive Power and the Rule of Law (Part III)
The Whig conception of executive power was familiar to the Federal Convention, and that conception matches the convention's decisions regarding the executive as reflected in the Constitution's drafting history.
The Affordable Care Act Imposes A Mandate. Not a Choice.
The Structure of NFIB v. Sebelius: Parts III.A, III.B, III.C, and III.D
The Article II Executive Power and the Rule of Law (Part II)
The limited, Whig conception of executive power best fits the text and structure of the Constitution.
More on Liberals and Federalism
In this follow-up to my Washington Post article on the same subject, I consider whether current liberal support for federalism is purely opportunistic, and whether the political left is inherently pro-centralization.
New Essay: "Originalism and Stare Decisis in the Lower Courts"
When and How Can Lower-Court Judges Be Originalists?
Legal Duty to Report Your Coworkers' Off-the-Job Crimes?
A New Jersey appellate court said a co-worker relationship (if long-lasting and close enough) "would be adequate to fairly warrant the imposition of a duty to act." The New Jersey Supreme Court declined to opine on this, and instead concludes that such a duty wouldn't be triggered on the facts of this case.
The Article II Executive Power and the Rule of Law (Part I)
Anglo-American constitutional thought has long included a limited view of executive power—historically associated with thinkers who called themselves Whigs—according to which executive officials act in an environment of legal rules that empower and constraint them, and those rules do not come from the executive power itself.
The Private Plaintiffs Are Still Standing in Texas v. U.S.
If the Private Plaintiffs in NFIB v. Sebelius were injured by the mandate, then the Private Plaintiffs in Texas v. U.S. are injured by the mandate
No Duty to Exclude the Creepy
Interesting tort analysis stemming from a supermarket ice cream aisle murder.
Politics, Bar Brawls, and the Law of the Past
What makes history constitutionally relevant?
Second Amendment Doesn't Protect Gun Possession in Capitol Parking Lot
So the D.C. Circuit held today.
J.M. Davis Arms and Historical Museum
The world's largest public collection of firearms can be found in a Tulsa suburb
Short Circuit: A Roundup of Recent Federal Court Decisions
Electromagnetic hypersensitivity, habitual drunkards, and garden-variety tyranny.
Doe v. Doe Libel Lawsuit Over Allegations of Sexual Misconduct by a Business Executive
Unsurprisingly, the exact allegations that are said to be libelous don't appear in the complaint.
Doctor Liable to Patient's Sex Partner …
... for negligently (and erroneously) telling the patient he had tested negative for an STD.
Mississippi Gubernatorial Candidates Out-Billy-Graham-ing Each Other
Being alone with women is scary
N.Y. Court Refuses to Enjoin Allegedly Libelous Speech About Chinese Official
The plaintiff, Yan Huang, is vice minister of China's Ministry of Housing and Urban-Rural Development. Defendant, Wengui Guo, who also goes by Miles Kwok, has been described as a "renegade Chinese billionaire," who fled China and now lives in New York.
Runescape "Muting" Leads to First Amendment / Due Process Lawsuit Against Video Game Company
Unsurprisingly, the lawsuit goes nowhere.
When Are Athletes Liable for Injuries They Cause?
Plus a side note on Mormon church basketball.
Justice John Paul Stevens, RIP
An admirable man with a distinguished career as a Supreme Court justice. But also the author of some of the more problematic opinions of his era.
