Short Circuit: A Roundup of Recent Federal Court Decisions
Body slams, reasonable retaliation, and Russian software.
Volokh Conspiracy
Help! We Need a Name for a Series of Short Videos Explaining Free Speech Law
We've got a grant -- we've finished the first video (under 4 minutes) -- but we need a good title for the whole series.
The Current Posture of the Crime Victims Rights Challenge to Jeffrey Epstein's Plea Deal
In a case I'm working on, Jeffrey Epstein's victims hope to set aside a non-prosecution agreement based on violations of their rights under the Crime Victims' Rights Act.
Political Ignorance and George H.W. Bush's Defeat in the 1992 Election
Bush lost because voters punished him for the recession of the early 1990s - an event he did not cause. This is just one example of a broader phenomenon of voters rewarding and punishing politicians for things they do not control.
Volokh Conspiracy Holiday Gifts!
Some VC-related holiday gifts for the law and public policy mavens in your life.
Dual Sovereign Doctrine Under Attack in the Supreme Court
Strong originalist arguments exist for overruling the dual sovereign doctrine in a case being argued before the Supreme Court today.
Being Called a "Putz" Isn't a Sign of Hostility Against Jews -- It's a Sign of Hostility by Jews
(Not necessarily religiously discriminatory hostility, of course.)
Texas Court Rules Deliberate Flooding of Private Property by State Government in Wake of Hurricane Harvey can be a Taking
The ruling concerns flooding of property undertaken by the San Jacinto River Authority in order to mitigate the effects of Hurricane Harvey. Issues raised in the case are similar to those at stake in ongoing federal court litigation.
Federal Court Rules Against Trump in Sanctuary Cities Case Brought by Seven States and New York City
The ruling is the latest in a long line of setbacks for the administration's efforts to punish sanctuary jurisdictions by withholding federal law enforcement grants.
Installing GPS Devices, Getting Warrants, and the Exclusionary Rule
An interesting new decision from the Fourth Circuit -- although I'm not sure it's right.
Why a New Brexit Referendum Would Not be a "Betrayal" of Democracy [updated with response to Ryan Bourne]
If referenda are a legitimate mechanism for making political decisions, then it is also legitimate for them to be overruled by new referenda. Those who live by the referendum sword risk dying by it.
Court Throws Out Season Ticket Holder's Lawsuit Over Football Anthem Protests
A creative legal theory, roundly rejected.
Short Circuit: A Roundup of Recent Federal Court Decisions
Bridge malefactors, mandatory blank reports, and a leaky judge.
Today's Supreme Court Oral Argument in Timbs v. Indiana Suggests Justices are Likely to Apply Excessive Fines Clause to State Asset Forfeitures
The Court seems very likely to rule that the Excessive Fines Clause of the Eighth Amendment applies to state governments, and that at least some asset forfeitures violate the Clause. Potentially a big win for property rights and civil liberties.
Baker's Law of Evil Technology
"You'll never know how evil a technology can be until the engineers deploying it fear for their jobs" in Episode 241 of the Cyberlaw Podcast
GM Will Shut Down Factory Built on Land Seized in Controversial 1981 Poletown Taking
The factory stands on land seized in a taking that forcibly displaced over 4000 people, and attracted widespread widespread opposition. The lessons and legacy of the Poletown case remain relevant today.
Is Kids Climate Case Coming to an End?
The "trial of the century" may not happen after all.
More for the "Who Cares About Due Process For Sex Offenders?" File
Q: Can the federal government hold people in custody indefinitely when they have not been charged with, or convicted of, any crime?
The Case that Started All the Fuss
Judge Tigar's (ND CA) asylum decision is an especially inappropriate target for Trump's ranting, given the weakness of the Administration's position on the legal issues raised by the case.
This Week, Supreme Court Will Hear an Important Case that Could Help Curb Asset Forfeiture Abuse
The case both addresses important legal issues, and could have substantial practical implications.
Short Circuit: A Roundup of Recent Federal Court Decisions
Covered cheeks, cheeky hyphens, and uncovered booking photos.
Diversity
A nice passage from Rogers & Hammerstein, which I heard on John McWhorter's excellent Lexicon Valley podcast.
Hail to the Chief!
We really should, as Chief Justice Roberts suggests, be thankful for the "independent judiciary" on this Thanksgiving Day.
Why the Federal Law Banning Female Genital Mutilation is Unconstitutional
FGM is a horrible crime. But banning it is one of many issues the Constitution leaves to the states, much like banning rape and murder. Yesterday's court decision striking down the law was correct.
FASORP: Pushing Back Against Identity Politics on Campus
FASORP is suing the Harvard Law Review and the New York University Law Review for their identity politics quotas.
Karl Menninger's The Crime of Punishment
To read Menninger today is itself punishment.
E-Mails With Graphic Anti-Gun Messages, Sent to Gun Rights Activist, Weren't Threats
So holds a federal court, concluding that such e-mails with photos of gun crime victims, coupled with statements such as "Thought you should see a few photos of handiwork of the assault rifles you support," were protected by the First Amendment.
Federal Female Genital Mutilation Ban Exceeds Congress's Power, Holds District Court
Policing such behavior, the court concludes, is a matter for the states, because it isn't authorized as a regulation of commerce or as necessary and proper to comply with treaties.
Defending a Libertarian Position on Antidiscrimination Laws
Antidiscrimination laws are here to stay, but they must not trump constitutional rights.
Too Many Asians at Harvard? No, Not Enough Asians at Harvard.
For some reason, Harvard's admissions staff keep giving Asian American applicants lower "personal ratings" than white applicants. It's funny how that works.
Will Supreme Court Reargument of the Knick Takings Case Come Down to the Federal Government's "Klingon Forehead" Argument?
The Supreme Court has ordered reargument in a crucial property rights case. The outcome could hinge on an extremely dubious theory put forward in an amicus brief by the federal government.
Request for local counsel in Washington State
Amicus brief on electoral college discretion
Denying Bail
The Arizona Supreme Court got it right: categorical denials of bail to persons charged with sexual assault violates the Constitution.
How Mandatory Minimum Reform Will Work with "Stacked" Charges
My case involving Weldon Angelos illustrates the problem with "stacking" federal mandatory minimum gun charges from a single episode. The statute will apparently soon be amended to become a true recidivism statute.
A Reminder About Rumsfeld v. FAIR
The statute in that case was a funding condition on federal money given to universities -- but the Court's decision held that the government could impose the same rule categorically, whether or not the universities got funds.
Remembering the Dale Akiki Case
The San Diego jury did its job in acquitting a church nursery school volunteer of Satanic ritual abuse.
Is FASORP For You?
It's not a lovely name. But you may be interested in this new organization.
New Article on Compelled Speech, Forthcoming in the Texas Law Review
I'd love to have people's comments this week, since I owe the journal a final draft Saturday the 24th. [UPDATE: Just to be clear, the article aims to provide a coherent framework for understanding the current precedents, not to come up with new rules from scratch.]
National Injunctions: Historians Enter the Lists
A major new brief in the Seventh Circuit sanctuary city case
American Civil Liberties Union, RIP
The ACLU no longer even pretends to believe in civil liberties.
What Constitutional Lawyers can Learn from Spiderman
Constitutional law could be improved by taking account of the principle that "with great power, comes great responsibility."
Short Circuit: A Roundup of Recent Federal Court Decisions
Civil disgorgement, mild chastisement, and a Third Amendment.
