"Emoluments" Suit Against Trump Can Proceed
Are we all about to get a look - finally! - at Trump's tax returns?
Volokh Conspiracy
Harvard's Richard Fallon wins the 2019 Cooley Book Prize
Georgetown Law's Center for the Constitution Announces $50,000 Thomas M. Cooley Book Prize Winner
The Dead Can Vote (At Least on the Ninth Circuit) (Updated)
A judge on the U.S. Court of Appeals for the Ninth Circuit casts a decisive vote four months after his death
Beware Decentralization Without Mobility
Economist Bryan Caplan reminds us that political decentralization has little value unless it is accompanied by mobility.
Ninth Circuit: Second Amendment Secures Right to Carry Guns in Public
The Ninth Circuit had earlier held -- citing D.C. v. Heller -- that the Second Amendment doesn't secure a right to concealed carry, but the panel now holds that it secures a right to carry openly (though it reserves the possibility that a state might be able to choose whether to allow open carry or to allow concealed carry).
Ninth Circuit strikes Hawaii law that only security guards may get handgun carry permits
State may regulate, but not nullify, the right to bear arms.
New Twist on Legal Citations: The "(Cleaned Up)" Parenthetical
A useful development, which dozens of court opinions have now used.
Defending against deep fakes, with lifelogs, watermarks … and tatts?
Episode 227 of the Cyberlaw Podcast
Abortion, Clarence Thomas, and the Commerce Clause
Cornell law professor Michael Dorf asks whether Clarence Thomas would vote to strike down federal laws restricting abortion, on federalism grounds. The answer might well be yes. But the issue would have to be presented to him in the right way.
Statistics in NIFLA v. Becerra, the Crisis Pregnancy Center Disclosure Case
Check out how the majority and the dissent describe one aspect of the California disclosure rules.
Kavanaugh on the Nixon Tapes Case
In 1999, Judge Kavanaugh suggested that the Supreme Court case that forced Nixon to turn over the Watergate tapes may have been wrongly decided. But it's not entirely clear what he now thinks about the issue.
"Indictment: Man Behind Cyberattacks Was Working for Wichita Lawyer"
Federal prosecutors have indicted two men for attacking Leagle (an online repository of court opinions), RipOffReport (a consumer gripe site), and JaburgWilk.com (the site of a law firm that sometimes represents RipOffReport).
Short Circuit: A Roundup of Recent Federal Court Decisions
Caligula, Ryan Gosling, and the Miracle on Ice.
The Mismatch Effect: A Danger for Students of All Races
A very interesting article from Prof. Robert Steinbuch (Arkansas / Little Rock).
A Bad Argument on Birthright Citizenship (Updated)
A former Trump advisor thinks an Executive Order could end birthright citizenship. A federal judge appointed by President Trump explains why he's wrong.
Can Unions Be Sued For Janus Claims?
Surprising fallout from the Supreme Court's decision on agency fees
Four Blue States File Dubious Lawsuit Against Cap on Federal Tax Deduction for State Tax Payments [updated with brief response to Michael Ramsey]
The lawsuit contends that the Constitution requires a federal tax deduction for "all or a significant portion" of state income tax payments. It relies on badly flawed constitutional arguments to try to prop up a badly flawed policy.
Mark Zuckerberg Speaks Out Against Removing Holocaust-Denying Speech
Indeed, Facebook shouldn't set itself up as the arbiter of historical truth (or scientific truth or moral beliefs) -- and doing that even as to Holocaust denial would just yield pressure for much more.
The Department of Education's Obama-Era Initiative on Racial Disparities in School Discipline: Wrong for Students and Teachers, Wrong on the Law (Part 2)
The Obama Administration took the position that Title VI regulations issued in 1966 turned a statute that prohibits intentional discrimination only into one that presumptively prohibits actions that have a disparate impact based on race, color or national origin. If so, that's an extraordinary extension of the statute. Too extraordinary, given that everything or nearly everything has a disparate impact on some protected group.
California Supreme Court Removes Question on Splitting Up State from November Ballot
The initiative could be reinstated for the 2020 election, however, if the Court concludes that its inclusion does not violate California law.
Second Amendment Injunction Against California Ban on Large-Capacity-Magazines Kept in Place by Ninth Circuit
The panel concludes that the district court didn't abuse its discretion in issuing the injunction -- though the decision is non-binding.
Ninth Circuit Upholds Preliminary Injunction Against Magazine Confiscation in California
The courts continue to block a California law to confiscate magazines over 10 rounds.
"No Prison Time for … Day-Care Provider Who Tried to Hang Toddler"
Minnesota state judge Jay Quam took the view that her actions stemmed from a "perfect storm of factors unlikely to ever be repeated."
Judge Rescinds His Order That Had Required L.A. Times to Alter Story
The Times had published material from a plea agreement that was supposed to be sealed, but had been erroneously released by the court.
Federal Court Holds FHFA Unconstitutional
A divided panel of the U.S. Court of Appeals for the Fifth Circuit concludes that the Federal Housing Finance Agency violates the separation of powers.
Judge Kavanaugh and the Administrative State
How will a Justice Kavanaugh approach administrative law cases?
Understanding Constitutional "Liquidation"
A new paper on an old way of resolving constitutional indeterminacies
TV Station Ordered to Expunge Archived Story About Teacher's Dismissed Domestic Violence Charges
The "right to be forgotten" comes to Texas.
Court Feels "Compelled to Express … Dismay at [SUNY Buffalo's] Cavalier Attitude Toward Petitioner's Due Process Rights"
"We remind respondent -- and all other colleges and universities, particularly state-affiliated institutions -- of their unwavering obligation to conduct student disciplinary proceedings in a manner that comports with fundamental notions of due process for the accused, that renders determinations consistent with the facts, and that respects the presumption of innocence to which all students are entitled."
"Judge Orders LA Times to Alter Story About Glendale Cop"
A brewing First Amendment controversy, triggered by newspaper's publishing information about a plea agreement in the policeman's prosecution -- the agreement was intended to be sealed, but was inadvertently briefly released unsealed on the docket.
Heather Has Two Daddies and a Mommy
A Newfoundland court holds (relying on a precedent involving a lesbian couple) that children of polyamorous families may have more than two parents, notwithstanding a statute that would not have allowed this.
Short Circuit: A roundup of recent federal court decisions
Queen Anne's Revenge, Cindy Lou Who, and a pile of deference.
Religious Leader Demands Suppression of "Blasphemous" Plays
So report Czech media.
Kavanaugh and Executive Power—the Good, the Bad, and the Overblown
The debate over Judge Kavanaugh's views on executive power actually encompasses four separate issues. On some of them his views bode well for the future, on others not so much.
New Calls for the Supreme Court to Reconsider Qualified Immunity
Some unusual amicus briefs filed in support of cert. in Allah v. Milling
Taking the Bar Exam as a 46-Year-Old Law Professor
I hope I don't have to do that again.
Judge Kavanaugh and Justice Kennedy's Free Speech Legacy
Justice Kennedy was the most speech-protective justice on a speech-protective court. What happens to free speech once he is replaced?
First Circuit Holds Most Anti-Libel Injunctions Are Unconstitutional
Federal and state courts are divided on whether such injunctions are constitutional, and the U.S. Supreme Court has not weighed in.
Judge Kavanaugh on the Confirmation Process
Those who have been through the process rarely have nice things to say about it.
Explaining the First Citation in Every Supreme Court Slip Opinion
The deep meaning of United States v. Detroit Timber & Lumber Co., 200 U. S. 321 (1906).
Mississippi Supreme Court Rejects Chevron Deference to State Administrative Agencies
This is the state-law version of the debate now happening at the federal level. [UPDATE: A Wisconsin Supreme Court decision a couple of weeks ago took the same view.]
US government drops prohibition on files for 3D printed arms
State and Defense Departments comply with revised regulations from May 2018.
The Department of Education's Obama-Era Initiative on Racial Disparities in School Discipline: Wrong For Students and Teachers, Wrong on the Law
School discipline is not the kind of issue that can be controlled from inside the Beltway. In enforcing Title VI, the Department of Education should stick to investigating and responding to allegations of actual discrimination.
