Rise and Fall of the Silk Road
Episode 219 of the Cyberlaw Podcast
Volokh Conspiracy
Was Epic Systems Really an Epic Loss for Workers?
There's no question business groups notched a victory, but does that mean workers are the losers?
Yevgeniy Is Back, and It's Bad
I'm delighted to report that the villain in this season of Homeland was named Yevgeniy -- my birth name.
The Case Against Deporting Immigrants Convicted of Crimes
Immigrants who commit crimes should be punished. But no more than others who commit the same offense.
California crazy meets European crazy in the Mugshots.com case
Episode 218 of the Cyberlaw Podcast
Give Susette Kelo Her Land Back
Jeff Benedict, author of "Little Pink House," proposes that the City of New London return the land it condemned in the takings that led to the notorious Supreme Court decision in Kelo v. City of New London.
Short Circuit: A roundup of recent federal court decisions
Invasive cavity searches, comprehensive phone searches, and acute jail conditions.
Tavis Smiley Libel Claims Against PBS Thrown Out
A useful illustration of how libel law tends to play out in such cases.
Evidence Indicates there is no "Extensive" Analysis Backing Trump's Travel Ban
Despite the administration's claims to the contrary, it appears that no such thing exists. Its absence strengthens the constitutional case against the travel ban.
The Trump Twitter Declaratory Judgment
Prof. Rick Hasen (Election Law Blog), who is also a remedies expert, writes about the judge's choice to issue a declaratory judgment rather than an injunction.
The D.C. Circuit Will Soon Livestream Oral Arguments
And yet the Supreme Court is still reluctant to release same-day audio recordings.
Eleventh Circuit Creates Circuit Split on Cell Phone Border Searches
Waiting for Carpenter? This issue may go upstairs next.
Blocking of Twitter Users from @RealDonaldTrump Violates First Amendment
So holds a federal district court today, in Knight First Amendment Institute v. Trump.
Intrinsic vs. Instrumental Justifications for Originalism
Some originalists believe that following the original meaning of the Constitution is intrinsically valuable, while others support it only for instrumental reasons. The difference between the two approaches has important implications.
Lochner and Child Labor
No U.S. court ever held that child labor laws violate a right to liberty of contract.
SUNY Binghamton Tries to Suppress Students' Flyers Because They "Offended" Other Students
[UPDATE: The university is now reported (as of Friday, May 25) to be saying that no investigation is taking place, and that the original student newspaper account saying that there was such an investigation was mistaken; but the university hadn't responded to FIRE's earlier queries about the matter, and it hadn't responded to my query before I had to put up my post.]
Interview with Judge Jeffrey Sutton About his New Book "51 Imperfect Solutions: States and the Making of American Constitutional Law"—Part II
Part II of my interview with Judge Jeffrey Sutton about his new book state constitutional law.
Do Landlords Have a Duty to Evict Drug-Using Tenants (or Face Liability if Guests Die When Using Drugs with Them)?
The North Dakota Supreme Court says "no," but one judge dissents.
Will Lawyers Be Punishable for Using the "Wrong" Pronouns to Refer to Transgender People in "Social" or "Bar Association" Activities?
LAMBDA Legal suggests the answer would be "yes," under the American Bar Association's proposed rule 8.4, which they are supporting.
Judge Didn't Err by Refusing to Let Witness Testify With Her Face Covered
So holds the New South Wales (Australia) high court.
Interview with Judge Jeffrey Sutton About his New Book "51 Imperfect Solutions: States and the Making of American Constitutional Law"—Part I
The first part of my interview with Judge Sutton about his important new book on state constitutions.
Crime in D.C. to Negligently Cause "Significant Mental Suffering" by Saying Two Non-Political Things About Someone
That's what D.C. stalking law, as interpreted by D.C. courts, calls for.
Court Allows Suspicionless "Information Seeking" Stop of a Car Leaving a Home
A wrong decision, I think.
D.C. City Councilman Tried to Get Anti-Stalking Order Against Freelance Journalist
The councilman was Trayon "Rothschilds Control the Weather" White (or, if you prefer, Trayon "Nazi Stormtrooper Protectors" White).
Arkansas Prior Restraint Saga—One Court Says Yes, One Says No
I'll grant Justice Courtney Goodson's request to block ads that allegedly libel her during her reelection campaign, says one trial judge. Unconstitutional prior restraint, says another.
Short Circuit: A roundup of recent federal court decisions
Meet and greets, La-la-land, and Ron Paul!
"Female Students" "May See Their Grades Raised One Level or Two"
That was the plan of a University of Akron professor, because of "the national movement to encourage women students to go into information sciences"; fortunately, the University blocked this.
Don't Blame the Railroad for Plessy v. Ferguson
On this 122nd anniversary of the decision in Plessy v. Ferguson, don't forget that the East Louisiana Railway had opposed the Jim Crow law and had cooperated with those who sought to challenge it.
Google Now Deindexing Some Web Pages Based on FDA's Administrative Agency Findings
A new Google policy calls for such deindexing based on administrative agency findings-without a court order-in cases where the agency is "charged with protecting consumers' physical safety from harm by products or services that they consume."
UC Davis Law School Commencement 1978: California Supreme Court Justice Stanley Mosk's Finest Hour
Students were enraged over his opinion for the California Supreme Court holding race-preferential admissions unconstitutional in Bakke v. University of California Regents. They demanded that he withdraw as Commencement speaker. He refused. "Judges," he told them, "cannot be intimidated," and "Lawsuits are won and lost in the courtrooms, not in the streets."
Broader Implications of the Supreme Court's Sports Gambling Decision
Commentators are right to suggest that Murphy v. NCAA will help sanctuary cities, but wrong to claim it is like to undermine federal laws restricting state taxes.
Correcting Simkovic on the Scalia Law School
Prof. Simkovic makes several incorrect assertions and insinuations about George Mason's law school
Extra Twist in the Arkansas Prior Restraint Case
"A northwest Arkansas judge who ordered that attack ads critical of Supreme Court Justice Courtney Goodson be taken off the air this week reported receiving [over $12,500 of] income, through his wife, from the law firm of Goodson's husband."
Food Truck Freedom in Arizona
A state law, signed yesterday, frees food trucks from various onerous local restrictions.
Which Businesses (or Which Filter Manufacturers) Are Blocking Our Blog?
A customer reports that he was blocked from accessing us at a Nordstrom coffee shop; have you had similar experiences?
Byrd v. United States: The Supreme Court Takes a Broad View of Fourth Amendment Standing
An interesting new ruling in the rental car case.
Arkansas Judge Issues Temporary Restraining Order Against Allegedly Libelous Political Ad
The ad criticizes Arkansas Supreme Court Justice Courtney Goodson; the TRO that she just got today is almost certainly an unconstitutional prior restraint.
Civilians with Guns Intervening in Active Shooter Incidents—the 2016 and 2017 Data
Data from the FBI's Active Shooter Incidents in the United States in 2016 and 2017 report; legal civilian gun carriers tried to intervene in 6 out of 50 incidents, and apparently succeeded in 3 or 4 of them.
Every President gets the White House he deserves
Episode 216 of the Cyberlaw Podcast
The Case for Abolishing the Requirement that the President Must be a "Natural Born" Citizen
I am reposting my 2016 post on this subject, on the occasion of Kevin Walsh's guest-blogging stint addressing the same issue.
Sports Gambling Decision is a Major Victory for Federalism
The Supreme Court's invalidation of a federal law preventing state legalization of sports gambling strengthens protection for state autonomy from the federal government.
