"[A]nti-Capitalist Societies Have [Newspapers], But Only in the Sense That Grigory Potemkin Had Villages"
A great line from Megan McArdle's recent article on newspapers and their "pivot to dust."
Volokh Conspiracy
The Supreme Court's Recent Religious Liberty/Death Penalty Decision is Bad -- But Not Quite as Bad as Many Think
The justices were wrong to reject a religious discrimination claim in a case where a person sentenced to death was not allowed access to a Muslim cleric at the moment of death. But the decision was not the result of anti-Muslim bigotry.
Judging Neomi Rao
Why college writings are complicated but the perfect solution fallacy is worse.
Right to Carry Guns in Public Headed for Ninth Circuit En Banc
A panel decision had said there is such a right to carry (though the state can decide whether people must carry openly or may carry concealed); the Ninth Circuit has just agreed to rehear the matter with an 11-judge panel.
U.S. and Mexico Harassing Journalists, Lawyers, and Activists at the Border
How to ensure lack of transparency and prevent asylum seekers from accessing rights.
Short Circuit: A Roundup of Recent Federal Court Decisions
Hypnosis, fungal spores, and a Bernie independent.
Is Threatening To Publish Bezos' Nude/Lewd Pics Criminal Blackmail?
When is a threat to reveal something embarrassing blackmail, and when is it permissible? Plus a special Bill Cosby (but non-sexual-assault) connection.
Four principles to guide the US response to cyberattacks
Opening the Overton window on responding to cyberattacks
The Execution of Domineque Ray
Some troubling uncertainties in a case of troubling allegations of religious discrimination
Gun Decontrol, 1986 to Now
The latest map of state laws related to concealed carry, 1986 to 2019, is out -- and it's striking.
Does the Second Amendment Secure a Right to Carry Guns in Most Public Places?
Another cert. petition asks the Supreme Court to resolve the circuit split on this question.
California's ban on all new pistol models: Supreme Court amicus brief
Since 2013, California has outlawed new semiautomatic handguns
Why the Demand for Fake News is a Far More Serious Problem than the Supply
Canadian columnist Andrew Coyne explains why efforts to combat fake news by cutting off supply are barking up the wrong tree.
Second Amendment Right Regained, Despite 20-Year-Old Conviction
Federal law treated the conviction -- for altering a motor vehicles department certificate that allowed the owner to have tinted windows on his car -- as a felony, because the maximum penalty was five years in prison. But state law treated it as a misdemeanor, and the defendant was sentenced only to a year's probation.
Neomi Rao Under Fire
Senate Democrats and progressive groups launch unfounded attacks against a judicial nominee.
Black swans, black ops, BlackCube, and red herrings
Episode 249 of the Cyberlaw Podcast
Encouraging Civil Discourse at a Time of Partisan and Ideological Bitterness
The Liberty & Law Center a Scalia Law School is launching a program to encourage civil discourse among students of differing ideological commitments.
Conference at Emory (3/21-3/23) on academic freedom and campus free speech
I'm helping organize an exciting conference, from the evening of March 21 to the afternoon of March 23, 2019, bringing together academics and student-affairs professionals to talk about current issues related to academic freedom and free speech on campus.
Dog Nips Cow, Cow Tramples Man
If a statute imposes strict liability for dog bites, does that extend to a herding dog nipping at a cow that then trampled the plaintiff?
Thoughts on Today's Federal Court Decision Against Obamacare
The judge was right to conclude that the individual health insurance mandate is now unconstitutional, but wrong to rule that the rest of the ACA is now unlawful because it can't be severed from the largely toothless mandate left in place under the 2017 GOP tax bill.
BREAKING: District Court Judge in Texas Holds ACA Is Unlawful
A federal district court judge in Texas has accepted a strained and implausible argument that the Affordable Care Act must be struck down because Congress eliminated the tax penalty for failing to purchase qualifying health insurance.
Short Circuit: A Roundup of Recent Federal Court Decisions
A misleading film, a misleading statistic, and misleading crackers.
Did Trump Violate Campaign Finance Laws?
Legal experts debate whether payments to kill stories about then-candidate Trump's affairs were undisclosed campaign expenditures.
Fourth Circuit Rejects Libel Claims over Misleading Edits in Katie Couric's "Under the Gun"
The "questionable" "editing choices," the court said, weren't sufficiently injurious to reputation to qualify as libelous (whether or not they conveyed a false message).
Have Republicans Been Engaging in "Asymmetric Constitutional Hardball"?
Hardball, yes. Asymmetric, not so much.
"Free Speech Rules," My New YouTube Video Series -- Episode 1 (Speech in Schools) Now Out
Please share it widely -- there will be at least nine more in the upcoming months.
Court Sets Aside USC Student's Expulsion for Alleged Rape
USC's procedures didn't fairly treat the accused, a California appellate court rules.
Unconstitutional "Hate Speech" Prosecution in New York
"[SUNY] Purchase College student Gunnar Hassard was arraigned in Harrison Town Court for Aggravated Harassment in the First Degree, a class E felony, for hanging posters with Nazi symbolism in areas of the campus."
The Ninth Circuit's Activist Midwinter Meeting
The liberal-dominated federal court of appeals lets its partisan and ideological freak flags fly.
Plaintiff Can't Seal Case He Brought Against Ex-Employer
"Protection against the possibility of future adverse impact on employment does not overcome the presumption of public access."
Final Version, "Cross-Enforcement of the Fourth Amendment"
Fresh off the law review presses.
The Amy, Vicky, and Andy Act Is Signed Into Law
The new law will help victims of child pornography crimes receive full restitution from convicted defendants who have harmed them.
Cynthia Nicoletti's Secession on Trial: The Treason Prosecution of Jefferson Davis
Constitutional theory meets criminal defense meets Civil War history.
Reading Recommendations from Me and My Colleagues
mine is The Player of Games, by Iain Banks
More from, and to, Prof. Dershowitz
Further explication of our ongoing disagreement concerning the scope and conduct of the Mueller investigation.
Minneapolis Strikes a Blow for Affordable Housing by Slashing Zoning Restrictions
Zoning rules that severely restrict home construction cut off millions of poor people from jobs and affordable housing. The Minneapolis reform is the most extensive reduction in zoning achieved by any major American city in a long time.
