"The Schoolhouse Gate" as a Site of Constitutional Law
An important new book by my colleague Justin Driver, which should be of interest of all who follow constitutional law
Volokh Conspiracy
The Best Parts of the Kavanaugh Hearing
A great set of colloquies on originalism, the Federalist, and human imperfection.
Ben Sasse is Half-Right About Congress' Excessive Delegation of Power to the Executive and the Courts
He's right that Congress has delegated too much power, but wrong about the reason, which is not that Congress is afraid to legislate but that it legislates too much.
Kavanaugh's Testimony on Executive Power [Updated with Material from the Afternoon Session]
No great surprises so far. But some notable points nonetheless.
What About Those E-mails?
Background on Senator Leahy's line of questioning about allegedly stolen e-mails and documents from the Senate Judiciary Committee.
Should Math Professor Be Fired Because of Sex Offenses Against Children 26 Years Before?
An arbitrator held that this wasn't "just cause" required for firing under the tenure contract; last week, a Pennsylvania appellate court declined to set aside the arbitrator's decision.
Indonesian Blasphemy Conviction for Complaining About Mosque's Loud Call to Prayer
My Spanish blasphemy post reminded that I've been meaning to blog about the Indonesian decision, handed down last month.
Unholy Toledo -- Blasphemy Prosecution in Spain
"The Spanish Association of Christian Lawyers has announced that it is also planning to ask the judge to consider investigating Toledo for hate crimes after he said during a television interview that if people were shot for their religious beliefs and Catholic churches burned during the Spanish Civil War, it was because they 'must have done something."'
Why the American Establishment Has Lost Credibility
Three Incidents Last Week Demonstrate the Problem
Kavanaugh Is Well Within the "Mainstream" -- but "Mainstream" Isn't Always Good
Claims that Kavanaugh is outside the legal "mainstream" are misguided, and mostly just reflect growing partisan polarization over legal issues. The real danger is not that we will have non-mainstream Supreme Court justices, but that some mainstream ideas are badly wrong.
Introducing The Practicing Stoic
A new book you might like about Stoic philosophy.
Sen. Durbin's Attack on the Federalist Society at the Kavanaugh Hearing Is Silly.
I hope the hearing gets more serious. So far the hooting and hollering from the audience have been embarrassing for the Democrats.
Grand Jury to Investigate Kris Kobach
Another bad legal development for the Kansas Secretary of State and Gubernatorial hopeful.
Magistrate Rejects Sealing in Discrimination Lawsuit Against Novelist Nicholas Sparks and the School He Founded
A good example of a court properly protecting the public right of access to court records.
Confirmations During Investigations
Did the Senate confirm the judicial nominees of other Presidents under a cloud of scandal?
Washington Post Symposium on Brett Kavanaugh's Jurisprudence
The Post has a symposium in which a a variety of legal commentators (myself included) discuss what they consider to be Judge Kavanaugh's most important opinions.
Judge Willett Questions Qualified Immunity
In a concurring opinion, Fifth Circuit Judge Don Willett expresses concern about the " kudzu-like creep of the modern immunity regime."
Walmart Illegally Discriminated Against 18-to-20-Year-Old Gun Buyer, Oregon Antidiscrimination Agency Alleges
Oregon is one of a handful states that bans age discrimination against 18-to-20-year-olds by places of public accommodation.
Short Circuit: A Roundup of Recent Federal Court Decisions
Drop drippers, solitary confinement, and hawks v. eagles.
Protective Orders, Due Process, and the Second Amendment
"While not a criminal matter, an order of protection exposes a respondent to an array of restrictions, including severe limitations on his or her Second Amendment rights. A respondent deserves a meaningful due process opportunity to present his or her case."
Arizona Supreme Court Rejects Proposed Lawyer Speech Code (Rule 8.4(g))
The rule would have banned, among other things, "harmful verbal ... conduct that manifests bias or prejudice towards others" "on the basis of race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, gender identity, marital status or socioeconomic status in conduct related to the practice of law," including "in bar association, business or social activities in connection with the practice of law."
Things I Hate About the Constitution
Legal scholars are often accused of claiming that the Constitution fits their political views. Here are several important issues where it doesn't fit mine.
Liberty Is Not the Central Value of the Constitution, Either
The Constitution embodies many values; I'm skeptical that any one of them is "the central" one.
"Adornments on Judicial Robes and 'Safe Place' Signs at Courthouses"
An interesting Arizona Supreme Court Judicial Ethics Advisory Committee opinion.
Are All Transgender People Born that Way?
One Brown University researcher thinks "maybe not" and got thrown under the bus for it by the university.
Another "Stop Talking About Him" Court Order, This One Obtained by Convicted Securities Fraudster
Tracy Zona was ordered to "remove forthwith, all references to petitioner the family and legal representatives and make no further posting in re of any kind"; she was then ordered to spend five days in jail unless she removed the posts (which she did).
Democracy Is Not the Central Value of the Constitution
Efforts on both right and left to make the democracy-promotion the key focus of constitutional law should be rejected.
Did the Education Department Badly Err in Its Count of Shootings at Schools?
An illustration, it seems, of how badly statistics can go wrong (and of the principle "Garbage In, Garbage Out").
President Trump Says "Google Search Results" are "RIGGED," "a Very Serious Situation" That "Will Be Addressed"
But would the First Amendment allow Congress to regulate search results?
Ilya Shapiro makes the libertarian case for Brett Kavanaugh
The upside greatly outweighs any downside
Triggered by Trigger Warnings
A new study suggests that trigger warnings may actually increase student vulnerability to offensive or troubling material.
Trump and Jeff Sessions Suffer Yet Another Defeat in Chicago Sanctuary City Case
The ruling is notable in underscoring how the Supreme Court's sports-betting decision in Murphy v. NCAA helps sanctuary cities.
Short Circuit: A Roundup of Recent Federal Court Decisions
Intellectual creatures, abashed racism, and so, so much self- defecation.
"A Shameful, Cynical Attack on the Rule of Law"
House Republicans seeking to impeach Rod Rosenstein embarrass themselves.
Houses Passes Private Property Rights Protection Act - But Celebration is Premature
The eminent domain reform bill is the same legislation that has passed the House three previous times since 2005. Each time, it died in the Senate without ever coming to a vote.
School District Provides $25K + Apology to Student Barred from Wearing "Trump Border Wall" T-Shirt
A follow-up to the May federal court decision holding that the school district's actions violated the First Amendment.
Cleveland City Councilman Got Order Requiring Two Citizen Critics to Stay 500 Feet Away from Him
Yet the order (narrowed on appeal to 50 feet, but still unconstitutional) seems to have been based on pretty normal -- if acrimonious -- local political debate. We're asking the Ohio Supreme Court to review the decision upholding it.
Justice Kagan Laments Partisan Confirmation Conflict
Political conflict over judicial confirmations may be harmful for the courts.
Does the 13th Amendment's Ban on Slavery and Involuntary Servitude Give Congress the Power to Ban Hate Crimes?
Metcalf v. United States gives the Supreme Court the opportunity to decide.
"Emoluments" Suit Against Trump Can Proceed
Are we all about to get a look - finally! - at Trump's tax returns?
