Beyond the First Amendment: Anti-Libel Injunctions in States That Have Repealed Criminal Libel Laws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?
Volokh Conspiracy
The Jurisdictional Nexus Act
Congress should fix its FGM statute—and all the other ones too.
The Trial Court "Did Not Consider American Law and Fundamental Precepts of Due Process"
The Appellate Court of Illinois reverses a trial court decision that deferred to a Muslim divorce from India.
Will Connecticut Finally Enact Meaningful Eminent Domain Reform?
Fourteen years after the notorious Kelo case, the state where the case originated still has one of the nation's weakest eminent domain reform laws. A bill currently before the state legislature could change that.
Delaware Government Refusing to Allow "Illegal Pete's" as Corporate Name
Seems like a pretty clear First Amendment violation, even if the name is viewed as an offensive reference to illegal aliens (which the corporate owners apparently don't intend).
Grounding Originalism Published
My latest article on "original-law originalism" with Steve Sachs
Beyond the First Amendment: Anti-Libel Injunctions and Prosecutorial Discretion
Even if injunctions against libel don't violate the First Amendment, should state courts still reject them on state separation of powers principles?
Chalking Tires and the Fourth Amendment
A markedly interesting case from the Sixth Circuit.
Ukrainian President-Elect and Prime Minister Are Both Jews
An interesting development, in a country that (like others in Eastern Europe) has had a long history of anti-Semitism.
What Elizabeth Warren Gets Wrong About Daenerys Targaryen
Like Warren, I'm a fan of the Dragon Queen. But Warren overstates the character's virtues and minimizes her flaws - sometimes in ways that reveal shortcomings of Warren's own worldview.
The First Amendment and the Hybrid Preliminary Injunction
A relatively novel suggestion, aimed at providing libel defendants with the necessary First Amendment protections while still giving libel plaintiffs protection early in the litigation process.
Crime to Tweet About People Intending to "Abuse" Them?
That's the legal theory behind a case just filed by prosecutors in Ohio.
"Friends of Liberty are Warmly Disposed …
to any decision that favors freedom against authority, even against representative government. The student of the Constitution requires something more ...."
Short Circuit: A Roundup of Recent Federal Court Decisions
Halfway originalism, frustrated immigration enforcement, and sit down or be put down.
Lawyers' "Billing Judgment … Demonstrates an Extraordinary Dedication to Containment of Cost …"
"... and renews this court's faith in conscientious billing practices."
The Limited Role of Mens Rea in Hybrid Anti-Libel Injunctions
I'm continuing to serialize my forthcoming Penn Law Review article on Anti-Libel Injunctions.
Federal Appellate Court Rules Against Trump Administration on Most Issues in California "Sanctuary State" Case
The ruling, written by a Republican-appointed judge, is an important victory for federalism.
Vox Symposium on the Mueller Report
The symposium includes contributions by a variety of legal commentators, including fellow VC blogger Keith Whittington and myself.
Restricting Injunctions to Libels on Matters of Private Concern?
Should the availability of anti-libel injunctions turn on the subject matter of the false and defamatory speech that's being enjoined?
Sexual Quantum Meruit
This actually came up in a hypo, based on a real extortion case.
Veil-Wearing Witness's Religious Concerns Trump Public Trial Rights
A Pennsylvania court decision said they can (though relying on cases generally allowing restrictions on Public Trial Clause and First Amendment trial access rights in the interest of preventing embarrassment to witnesses).
United States v. Eguilos and Denaturalization
George H.W. Bush appointee denounces second-class citizenship, cites to my work with Cassandra Robertson
Middlebury College Cancels Speech by Polish Politician-Academic
The speech had been cosponsored by three faculty-run programs at the College.
Podcast on the Politics of "Game of Thrones"
Harvard Kennedy School Prof. Christopher Robichaud interviews me on this topic for his "This Week in Dystopia" podcast series.
Not a Jujube
Apparently, that's so of qualified privileges and of the All Writs Act -- but what on earth does that mean?
The First Amendment and the Hybrid Permanent Injunction
This is the key proposal from my forthcoming Penn Law Review article on Anti-Libel Injunctions -- a way of taming the anti-libel injunction to include important First Amendment procedural protections, but still allow its use to prevent genuine libels.
Does Yale Law School's Antidiscrimination Policy on Subsidies for Student Employment Discriminate on the Basis of Religion?
The answer is no, despite conservatives' claims to the contrary. But that does not entirely resolve questions about the wisdom of the policy.
How Specific Anti-Libel Injunctions Underprotect Speech
I'm continuing to serialize my forthcoming Penn Law Review article on Anti-Libel Injunctions.
Revising WOTUS
The Trump Administration is attempting a welcome redefinition of "waters of the United States"
Justice Department Decides Not to Appeal Court Ruling Striking Down Federal Law Banning Female Genital Mutilation
The decision is likely to be unpopular. But it is the right thing to do nonetheless, as the law is unconstitutional. Not every evil must be addressed by a federal law.
The First Amendment and the Specific Preliminary Injunction
I'm continuing to serialize my forthcoming Penn Law Review article on Anti-Libel Injunctions.
Commenting on the New Platform
Just click on the little fuchsia speech-balloon at the end of the post, on the right hand side.
The Second Amendment in Public Housing
The East St. Louis Housing Authority stipulates to allowing residents to possess guns.
Short Circuit: A Roundup of Recent Federal Court Decisions
Cherry regulation, landfill corruption, and taking some air.
Death and the Shadow Docket
The Supreme Court's efforts to shift procedures in death penalty litigation.
Teaching 5- and 6-Year-Olds Serious Basic Math
The second edition of "Breaking Numbers Into Parts": very highly recommended.
The First Amendment and the Catchall Permanent Injunction
I'm continuing to serialize my forthcoming Penn Law Review article on Anti-Libel Injunctions.
The Politics of Game of Thrones Revisited
The imminent start of the final season of Game of Thrones is a good time to consider the series' political message, and reprise some of my work on that subject. Plus, a discussion of the political economy portrayed in George R.R. Martin's recently published prequel to the series.
"Free Speech Rules," My New YouTube Video Series—Episode 3 (Fake News) Now Out
Please share it widely!
The First Amendment and Criminal Libel Law
I thought I'd serialize my forthcoming Penn Law Review article on Anti-Libel Injunctions; here is the section on criminal libel law -- the article argues that anti-libel injunctions are like mini-criminal-libel laws.
