A Skeptic's Look at Administrative Constitutionalism
It's probably not a good idea to lead government bureaucrats follow their own idiosyncratic interpretations of the U.S. Constitution
Volokh Conspiracy
Deputy Scot Peterson (of Marjory Stoneman Douglas HS Fame) Being Prosecuted for, Essentially, Cowardice in Battle
The formal charges are child neglect and criminal negligence.
Prudent Minimalism: How to Forge a National Consensus
The fourth post in the Volokh Conspiracy symposium on "Our American Story: The Search for a Shared National Narrative" (ed. by Joshua Claybourn).
Less Jefferson, More Franklin
The third post in the Volokh Conspiracy symposium on "Our American Story: The Search for a Shared National Narrative" (ed. by Joshua Claybourn).
Federal Judge Dismisses House of Representatives Border Wall Lawsuit for Lack of Standing
The decision does not reach the merits of President Trump's attempt to divert military funds to build his border wall.
Excessive Fines Clause Applies to Corporations
So the Colorado Supreme Court held today.
Will an end to social media trust mean an end to end-to-end encryption?
Episode 266 of the Cyberlaw Podcast
Confessions of a Former Climate Skeptic
Jerry Taylor on why he now considers climate change a serious problem.
When Should Plaintiffs Be Able to Sue Anonymously?
(1) If they're alleging sexual abuse. (2) If they're alleging they were libeled as sexual abusers. (3) Both. (4) Neither.
In Search of a Shared National Narrative
The second post in the Volokh Conspiracy symposium on "Our American Story: The Search for a Shared National Narrative" (ed. by Joshua Claybourn).
Justices Ginsburg and Gorsuch Switch Sides
A truly interesting and unusual Supreme Court line-up.
Introducing the Volokh Conspiracy Symposium on "Our American Story: The Search for a New National Narrative"
The symposium will include posts by contributors to this new book on what makes America and its history distinctive.
No, I'm Serious. The Roberts Court Won't Save Trump from Impeachment
Sometimes Dershowitz gives really bad advice
How Often Has the U.S. Supreme Court Upheld a Federal Law?
An awful lot, but who's counting?
Can the House of Representatives Continue a Prosecution That the Executive Branch Has Decided to Drop?
An interesting separation of powers question coming in the Female Genital Mutilation statute / Commerce Clause / Religious Freedom Restoration Act / Dawoodi Bohra litigation.
Trump's Plan to Force Mexico to Lock In its Own People
The President's effort to coerce Mexico into blocking the emigration of its own people undermines the distinction between keeping people out and locking them in. It thereby makes US immigration policy analogous to the Berlin Wall.
The Supreme Court Should Take the Love Terminal Takings Case
A lower court decision the Supreme Court is currently considering reviewing has important - and dangerous - implications for property rights.
Short Circuit: A Roundup of Recent Federal Court Decisions
Where is the treasure? Where are the assets? Where's the loot?
The Weakness of the "Whiteness" Literature
A 1922 case often cited as showing Italians may not have been considered "white" doesn't really support that inference
First Amendment Limits Media Liability for Inducing Breach of Nondisclosure Agreement
So holds a (nonprecedential) California Court of Appeal decision in the Jenni Rivera heirs vs. Univision case, though the decision is narrowly tied to these particular facts.
Dangers of a World Where "Almost Anyone Can be Arrested for Something"
A recent dissenting opinion by Supreme Court Justice Neil Gorsuch highlights some of the dangers of the enormous scope of modern criminal law.
Vox Symposium on Whether a Sitting President Can be Indicted and Prosecuted for a Crime
The symposium includes contributions by 16 legal commentators, including VC bloggers Keith Whittington and myself.
Subpoenas Seeking to Identify Illegally Absent Teachers Likely Don't Violate the First Amendment
"Students are expected to attend classes. If they fail to do so without a valid excuse, their absence is duly-noted and appropriate action is taken. But the teachers at the center of this controversy expect different treatment."
California Criminal Jury Instructions No Longer Label Carrying Taser "Carrying a Loaded Firearm"
A small step forward for self-defense rights.
Court Tosses 2015 WOTUS Rule
In redefining "waters of the United States," the Obama Administration failed to follow the Administrative Procedure Act.
In Defense of "Virtual Briefing" (i.e. Blogging, Tweeting, Podcasting About Supreme Court Cases).
Some thoughts on a new draft article by Jeff Fisher and Alli Larsen
No "Tone-Policing," Says a Court
Sound words from a federal district court decision handed down last year.
Should We Care About College Commencement Speakers?
Maybe a little, but don't get carried away
Court Orders Mother Not to Tell Daughter That Father Had Expressed Sexual Interest in Stepdaughter
The appellate court reversed, though without reaching the First Amendment question.
How Often Has the U.S. Supreme Court Struck Down a Federal Law? Part II
More often than you might think
The Rights and Wrongs of Electoral Interference
Russia's interference in the 2016 election was wrong. But the reasons why are harder to pin down than you might think. Not all foreign interference in elections is unjustified. Far from it, in fact.
Short Circuit: A Roundup of Recent Federal Court Decisions
Tire chalking, evidence tampering, and robocalls.
Organizer of Black Lives Matter Highway-Blocking Protest Can Be Sued for Injury to Police Officer
An interesting decision from the Fifth Circuit, allowing a negligence claim to go forward against organizer Deray Mckesson; the court's reasoning relies heavily on the illegal nature of the protest.
Is the Government Required to Count the Number of Citizens in Each State?
Prof. Josh Blackman (South Texas) asks this very interesting question.
First Amendment Challenge to L.A.'s Requirement That Contractors Disclose Ties to NRA
Just filed yesterday, and I think it should prevail.
Flashing Headlights to Warn of Speed Trap May Be Protected by First Amendment
So holds a District Court decision, though stressing the "may be."
Can the Roberts Court Save Donald Trump from an Impeachment?
That's not how any of this works
Sex-Segregated Swimming Hours at Condo Violate Fair Housing Law
So holds the Third Circuit, though in a narrow opinion.
Beyond the First Amendment: Anti-Libel Injunctions in States That Have Repealed Criminal Libel Laws
Even if injunctions against libel don't violate the First Amendment, should state courts still reject them on other grounds?
The Jurisdictional Nexus Act
Congress should fix its FGM statute—and all the other ones too.
