Two New Cases on Decrypting Locked Devices
One on the Fifth Amendment, and one on Miranda. Both correctly decided, I think.
Volokh Conspiracy
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."
Free Speech Rights, Parental Rights, and Children with Gender Dysphoria
An interesting Arizona appellate decision rejecting a court's assignment of a treating therapist, and rejecting a gag order that limited parents' discussions with the child.
Adventures with HTC Vive Pro
I hear great things about the $800 HTC Vive Pro virtual reality headset -- except when I ordered it, I couldn't install the software.
When a Whole Sentence Is in Parentheses, the Period Goes There, Too
That's both logical and customary.
Supreme Court Mentions of Our Coblogger Will Baude, and My Colleague Richard Re
Sometimes law professors do say something the Justices find useful.
Short Circuit: A roundup of recent federal court decisions
An anticipatory warrant, a ban on Matisse, and scary bikers.
Announcing the Cooley Book Prize
Gary Lawson & Guy Seidman awarded $50,000 for their book, A Great Power of Attorney:
Justice Sotomayor on Justice Thomas
Just because justices disagree, does not mean they aren't fond of one another.
Has the "Libertarian Moment" Passed?
Was there ever much of a "libertarian moment" in the first place?
Judge Sykes on Justice Gorsuch
In recent remarks, the Seventh Circuit judge assessed the newest Justice's early work on the Court.
Why the Supreme Court Reviews So Many Qualified Immunity Cases
Here's a theory, at least.
The Supreme Court's Continuing Immunity Crusade
A few thoughts on today's summary reversal in Kisela v. Hughes.
Constitutional Law Scholars' Amicus Brief in the Travel Ban 3.0 Case Explains Why the Bill of Rights Restricts Federal Power over Immigration
The brief, which I coauthored on behalf of myself and six other legal scholars explains why the Bill of Rights constrains federal power over immigration no less than other types of federal power.
New Computer Crime Law Casebook Edition
I have posted the first 30 pages for interested readers.
Video of Cato Institute Book Forum on Keith Whittington's "Speak Freely: Why Universities Must Defend Free Speech"
The Forum features a talk by the author, with commentary by me.
Short Circuit: A roundup of recent federal court decisions
Nunchucks, West Nile encephalitis, and a black foot.
Court Rules That Seattle Law Banning Landlords From Screening 'Qualified' Tenants Is a Taking
The state court ruling also concluded the taking violates the state constitution because it is for a forbidden "private use," rather than a public one.
The Fruit of the Poisonous Tree
The (non-existent) "taint" in the evidence Mueller's team has been gathering.
Conversation on Modes of Constitutional Interpretation
Buy your tickets for program at the Supreme Court on May 8th
No Arbitrary Power: An Originalist Theory of the Due Process of Law
A new paper explaining why the original meaning of the "due process of law" requires a substantive process.
The 2016 Chicago Homicide Spike—Further Explained
Some additional thoughts about how a 2015 ACLU consent decree with the Chicago Police Department contributed to the 2016 homicide spike--responding to tweets from Professor John Pfaff and to comments from the ACLU.
Will AI replace all lawyers—except for its own?
Episode 209 of the Cyberlaw Podcast
The 2016 Chicago Homicide Spike—Explained
After an ACLU consent decree with the Chicago Police Department dramatically reduced the number of stop and frisks, homicides significantly increased as a result.
If Congress Reclaims Its War Powers, There Would Be Little Reason to Worry About John Bolton
Many people fear that John Bolton and Donald Trump might start an unnecessary war. But such fears would be unnecessary if Congress were to reclaims it power to initiate war.
Bryan Caplan's Case Against Education
A new book raises fundamental questions about the value of education spending.
Does the Sixth Amendment Right to Counsel Apply Prior to Indictment?
The U.S. Court of Appeals for the Sixth Circuit concludes binding SCOTUS precedent says "no," but perhaps this view should he reconsidered.
Short Circuit: A roundup of recent federal court decisions
Prosecuting for profit, the Hacky Sack champ, and a Christmas Spectacular.
![Large image on homepages | By David from Washington, DC (911) [CC BY 2.0 (http://creativecommons.org/licenses/by/2.0)], via Wikimedia Commons](https://d2eehagpk5cl65.cloudfront.net/img/c331x186-w331-q60/uploads/2018/03/15219102837123-331x186.jpg)
The Million Mom March: Mass Mobilization Against Guns
In 2000, the Million Mom March brought hundreds of thousands of people together to demonstrate against guns.
Credit Card Company Requirements That Merchants Not Sell Guns to 18-to-20-Year-Olds
The companies likely must make exemptions for those states that ban the merchants from discriminating based on age.
The Supreme Court on Broad Interpretations of Statutes and Prosecutorial Discretion
"[I]nsofar as the public fears arbitrary prosecution, it risks undermining necessary confidence in the criminal justice system."
"The City Cannot … Prospectively Try[] to Guess Whether Certain [Speakers] … Will … Create a Disturbance"
Spokane Valley (Wash.) resists groups' letter opposing event put on by speaker who has at times drawn unruly supporters.
The Unpublished Dissent in Cooper v. Aaron
"Of all the tribunals this is the one that should stick to the rules."
Washington's one-minute hate for Silicon Valley
Episode 208 of the Cyberlaw Podcast
Sex, Lies, and Constitutional Law: The Stormy Daniels Settlement Agreement
There is, it turns out, more to the Stormy Daniels Affair than meets the eye.
Court Allows Lawsuit Against Ideological Group for Discriminatory Rejection of Noncommercial Ad in Its Publication
The National Lawyers Guild refused to run a congratulatory advertisement submitted by an Israeli organization -- the organization is suing for discrimination in "public accommodations," and a New York court has let the case go forward.
Justices Thomas and Gorsuch Argue for Rejecting Deference to Agency Interpretation of Agency Regulations
An interesting dissent from denial of certiorari this morning.
D.C. Councilman Warns About "Rothschilds Controlling the Climate" "to Own the Cities"
"It's climate manipulation and D.C. keep talking about 'we are a resilient city' and that's a model based off the Rothschilds controlling the climate to create natural disasters they can pay for to own the cities, man."
Why We Shouldn't Give Special Credence to the Political Views of Young People and Victims
Recent events such as the student walkout to promote gun control raise the issue of how much credibility we should give to the political views of the young, and victims of crime. At least as a general rule, there is no reason to give those views any special credence.
Twitter's Policy Changes Hurting This Russian's Bots
For historical reasons, this blog has three Twitter feeds -- @VolokhC (the main one) plus @VolokhConspirac and @VolokhCom -- but it looks like I'll have two close the latter two.
Short Circuit: A roundup of recent federal court decisions
Sanctuary cities, the fiduciary rule, and iced coffee.
New Draft Article: "Cross-Enforcement of the Fourth Amendment"
The surprising uncertainty when the Fourth Amendment meets federalism.
