The Law of the Jungle
It's been a busy month - two steps backward, one forward - for animal rights proponents.
Volokh Conspiracy
Attorney General Sessions Properly Links an "ACLU Effect" and the Chicago Homicide Spike
The Attorney General approvingly discussed my article linking the dramatic decline in street stops in Chicago under an ACLU agreement and the subsequent homicide spike. While Professor John Rappaport has a different take on this "ACLU Effect," his unsupported analysis does not fit the data.
Encryption Workarounds
Here's the final version of my article with Bruce Schneier.
The 'Protect and Serve Act' Is both Unnecessary and an Assault on Federalism
There is no justification for a proposed law that would make attacks on police officers a federal crime.
Libel and Antimatter
"[Defendant's] posts inspired viewers' comments, which read like a nerd's version of a fist fight." More substantively, "In this context, and considering the cutting-edge nature of [plaintiff's] research into antimatter's theoretical applications [which defendant was sharply criticizing], a reasonable reader would expect zealous debate."
Short Circuit: A roundup of recent federal court decisions
Border searches, violent career offenders, and the lost keepsakes of Simón Bolívar.
Extra Punishment in Texas for Rape if You're Married -- and for Rape of Married People
This isn't an enhancement for assaults on your spouse -- it's an enhancement for assaults on anyone, if you happen to be married.
Can We Help Save Democracy by Requiring Voters to Pass a Test of Political Knowledge?
Economist Dambisa Moyo is right to worry about the dangers of political ignorance. But her proposed solution for the problem falls short.
Taking Stock of the Matthew Shepard & James Byrd, Jr. Hate Crimes Prevention Act and Other Aspects of the Federal Approach to Hate Crimes
The U.S. Commission on Civil Rights will conduct a hearing on Friday.
'Working Washington' Calls for Prosecution of Amazon.com—for Amazon's Use of Ordinary Political Tactics
According to the group's theory, a vast range of political hardball is a crime.
Important Fourth Circuit Ruling on Cell Phone Border Searches
The court requires some level of cause and also adds a nexus requirement.
Trump, Russians, Libel, and "Attempting Insult of American Laws & Freedom"
OK, not quite what it sounds like ....
Dien' Pobiedy
The Russian V-E Day, celebrating the end of World War II 73 years ago.
Revealed: Secret Koch Conspiracy Video
A recently unearthed 1997 video shows Koch-funded libertarians conspiring
"Gynecology … Is Obviously Far Removed from Music"
So concludes the Trademark Trial & Appeal Board, in rejecting rapper Dr. Dre's trademark claim against OB/GYN -- and OB/GYN-related writer and lecturer -- Draion M. Burch, who calls himself Dr. Drai.
Man Forbidden from Identifying Twitter Shaming Activist, Court Order Seems to Say
A First Amendment violation, I think, notwithstanding the court's concern about the anonymous Tweeter's privacy.
Maybe Pluto Is a Planet After All
Two planetary scientists so argue, and there's a legal hook, but it's really just an excuse for me to ....
Symposium on Ganesh Sitaraman's "The Crisis of the Middle-Class Constitution"
The BU Law Review Online has a symposium on this important new book, with contributions by Richard Epstein, Dan Markovits, K. Sabeel Rahman, David B. Lyons, and myself.
When Do Changes to a Web Page Restart the Statute of Limitations?
The New Jersey Supreme Court answers.
On This Day in History: Political Science Student Succeeds in Amending the Constitution.
The Constitution's 27th Amendment took 202 years to be ratified by the requisite number of states. The story is adorable.
Reporting on Lawsuit—but Not Mentioning It Was Settled—Is Not Libelous
So the New Jersey Supreme Court held this morning, in Petro-Lubricant Testing Laboratories, Inc. v. Adelman.
Books on the Constitution for Libertarians and Conservatives
A recommended reading list for law students (and others) who are interested in the Constitution, constitutional history, and constitutional law.
Amplification, or Why the Internet Is a Terrifying Thing
This just in: Some guy says that London hospitals are like war zones!
Justice Kagan Cares about Chevron
Just what did Justice Breyer say that she finds so objectionable?
"Red Cow" Cases (Sometimes Called "Spotted Calf" Cases)
Not a red bull, not a red heifer ....
Judicial Candidates' Free Speech Rights
Does the Supreme Court's decision in Williams-Yulee v. Florida Bar (2015) -- which upheld a restriction on fundraising by a judicial candidate -- also authorize much broader bans on candidate speech?
Trump Picks Judges - Round 12
President Trump may have a hard time hiring defense attorneys, but he knows how to pick judge pickers.
The Fruit of the Poisonous Tree and the Mueller Investigation, cont'd
A Cato podcast covering the (very flawed) charges against the Mueller investigation
On the Dragging of Kevin Williamson
The Atlantic's Conor Friedersdorf dissents from The Atlantic's treatment of Kevin Williamson
Why the FBI Raid on Michael Cohen's Office Is a "Big Deal" (Updated)
It's easy to feel that if everything is a big "breaking" story, then nothing is -- but this time the news channel chryons might be correct.
In Decryption Cases, Don't Forget the Fourth Amendment
Requiring a search warrant isn't everything. But it isn't nothing.
Two New Cases on Decrypting Locked Devices
One on the Fifth Amendment, and one on Miranda. Both correctly decided, I think.
My new "The Hill" Op Ed on Federalism and the Legal Battle Over Sanctuary Cities
The various lawsuits pitting the Trump administration against sanctuary jurisdictions has important implications for constitutional federalism that go beyond immigration policy.
Wells Fargo Resists Union Threats Aimed at Getting It to Drop Gun Manufacturer Clients
"I do not believe that the American public wants banks to decide which legal products consumers can and cannot buy."
