Anti-Libel Injunctions and the Criminal Libel Connection
My new article, forthcoming in the University of Pennsylvania Law Review late this year -- I'd love to get feedback, while there's still plenty of time to edit it.
Volokh Conspiracy
Bryan Caplan's New Book on Open Borders
It should be of great interest to anyone who follows debates over immigration.
Final Version, "Compelled Decryption and the Privilege Against Self-Incrimination"
Now out in the Texas Law Review.
Short Circuit: A Roundup of Recent Federal Court Decisions
Inmate sterilization, a rodent infestation, and the return of dueling dinos.
Testimony on Asset Forfeiture Before the Arkansas State Advisory Committee to the US Commission on Civil Rights
My testimony addressed the general problem of asset forfeiture, the potential impact of the Supreme Court's recent decision in Timbs v. Indiana, and Arkansas' recent reform law.
Libel, Time, Brexit, and Monaco
An allegedly bogus dossier on plaintiff was sent by defendant to a third party in 2003 -- and then hit the news in 2017. Can plaintiff sue for libel?
Do You Wish the FBI Had Shut Down "Lock Her Up" Language Because It Was "Hate Speech"?
That's what Christiane Amanpour asked former FBI Director James Comey.
Why Moral Progress Is Not Inevitable
Political theorist Jacob Levy reminds us that the arc of history doesn't always bend towards justice. Moral retrogression has happened before, and could well occur again.
A Right to Smile?
No such right is clearly established when it comes to booking mugshots, says a federal district court.
Tinder Now Doing the Lying for You
An April Fools' joke even less funny than many others.
Another Round of Strange Bedfellows on Severability in Texas v. U.S.
Another amicus brief on severability and the Affordable Care Act.
The Jurisdictional Problem in the ACA case
A new amicus brief in the Fifth Circuit
How we know the North Korean Embassy break-in wasn't the work of the CIA
Episode 257 of the Cyberlaw Podcast
District Court Allows Challenge to School's Locker-Room-of-Your-Choice Policy
The court held that plaintiffs' sexual harassment claims (under Title IX) and religious objection claims (under the Illinois RFRA and under the Free Exercise Clause) could go forward, at least for now.
Application to Release Grand Jury Material Quoted in Mueller Report
Since I've been blogging today about public rights of access to sealed files, I thought I'd pass this along.
The Supreme Court Recognizes Victims' Rights in Death Penalty Cases
The Court acknowledges that crime victims and their families have important interests in the timely enforcement of capital sentences -- and encourages lower courts to prevent "dilatory" tactics.
Libel Case with the Alleged Libels Under Seal
This violates the First Amendment and common law rights of access to court records, I think; Paul Alan Levy (Public Citizen) has just filed a motion to intervene and unseal in the matter (Shelby Resorts Corp. v. Does, in New Jersey Superior Court).
Noah Feldman and Neil Siegel on Court-Packing
Two prominent liberal constitutional law scholars warn against the dangers of court-packing.
Does Anyone Support DOJ's Position in the Texas ACA Case?
The Trump Administration's embrace of an implausible legal theory has few defenders.
"Cleaning Up the Lemon Mess"
"What lower courts and local governments desperately need is not guidance on hypothetical cases that have never arisen. They need guidance on the many cases they're wrestling with today. Lemon doesn't provide that guidance. It makes the problem worse."
No, Corporations Aren't People, and It's a Good Thing, Too
A new book explains that denying corporate personhood has been the key to protecting the rights of shareholders
Your Dog Is Too Cute for This Deposition
OK, it wasn't just about the dog, but I think its presence (and effect) was likely especially telling ....
Can a Person Be Banned from Posting Anything About Someone Else, Because His Past Speech Supposedly Stems from a "Vendetta"?
Yes, said an Ohio Court of Appeals majority opinion, reasoning that the speaker's past speech "was not engaged in for a legitimate reason, but instead for an illegitimate reason born out of a vendetta seeking to cause mental distress to his mother and sister and to exact personal revenge." No, argue the EFF, Prof. Aaron Caplan, and I in a brief we've just filed with the Ohio Supreme Court.
Seven Seeds of Freedom In Islam
Islam contains concepts or practices that express religious freedom in a significant way but that fall short of a full and broadly respected human right of religious freedom.
Court Ordered Divorcing Husband Not "to Post Anything on Facebook … in Regards to This Action"
Fortunately, the California Court of Appeal has just reversed the decision, on First Amendment grounds.
Denaturalizing Natural-Born Citizens
Why Hoda Muthana Can't Be Kept Out of the United States
Second Amendment Rights of Young People
Nineteenth Century Law and Twenty-first Century Cases
Justice Department Asks Court to Narrow Auer Deference
In a just-filed brief, the Trump Administration asks Supreme Court to reduce the degree of deference government agencies receive.
Is There Religious Freedom in the Muslim World?
Let's look at real Muslim countries.
In hacker Olympics, Russia wins gold and North Korea (!) silver
Episode 252 of the Cyberlaw Podcast
"Federal Judges Are Appointed for Life, Not for Eternity"
From today's Supreme Court opinion holding that a judge's vote may not be counted in an opinion released two weeks after his death.
Federal Court Rules Male-Only Draft Registration Is Unconstitutional
If the decision holds up on appeal (which is quite likely), Congress would have to choose between expanding draft registration to women or ending it completely.
Why Trump's Emergency Declaration is Illegal
The strongest legal argument against Trump's attempt to use emergency powers to build the wall is that declaring an emergency does not authorize him to spend money and condemn property for that purpose. But he also lacks grounds to declare an emergency in the first place.
