What to do about China?
Episode 207 of the Cyberlaw Podcast
Volokh Conspiracy
Should Local Governments Have Greater Autonomy from States?
Leading legal scholars on opposite sides of the political spectrum argue that the answer is yes. But it will not be easy to figure out how to do it.
Whittington on Offensive Speech in the Classroom
Princeton University's Keith Whittington explains why it is sometimes wise -- even necessary -- to expose students to potentially offensive material
What Do Judges Think of Chevron?
It appears that Justice Neil Gorsuch is far from the only one who questions the wisdom of Chevron deference and other findings from a new survey of federal judges.
Is it Unconstitutional for States to "Discriminate" Against the Federal Government?
This is one of the questions that may well arise in Jeff Sessions' new lawsuit against California's sanctuary laws.
Short Circuit: A roundup of recent federal court decisions
Fighter jets, horse soring, and climate stewardship.
Challenge to Gun Ban in East St. Louis Public Housing
The anonymous plaintiff offers a pretty compelling factual story -- but the legal analysis is surprisingly unsettled.
Jeff Sessions' New Lawsuit Targeting California's Sanctuary Laws
The Trump Administration deserves to lose the case. But they do have better arguments here than in their previous efforts to undermine sanctuary jurisdictions.
No Footnoted Citations for Us, We're Courts
Law review articles put citations to cases and statutes in footnotes. Briefs generally shouldn't.
University of Miami Demands $7500 for Security for Free Speech Debate Involving Charles Murray [UPDATE: Dean's response added, post bumped up to reflect that]
That is what students at the University of Miami School of Law are reporting. [EARLIER UPDATE: The Dean tells me that things are more complicated than at first reported, and they're trying to see if things can be worked out; I hope to have more from the Dean in a few days.] [UPDATE 3/15: The University has agreed to pay the security fee.]
The Cato Institute's New Civil Rights/Police Accountability Initiative
Canvassing the legal problems and practical effects of qualified immunity from constitutional lawsuits
Michigan Lawsuit Against Dick's Sporting Goods for Age Discrimination in Gun Sales
Michigan public accommodations law bans discrimination based on age by businesses open to the public, including retailers.
The New Challenge to Obamacare
Is this a chance for the Supreme Court to correct its constitutional mistake?
"Dressmakers, Bakers, and the Equality of Rights"
A very interesting piece by Stanford Prof. Michael McConnell on the Masterpiece Cakeshop case.
Age Discrimination Suit Against Dick's Sporting Goods and Walmart for Refusing to Sell Rifle to 20-Year-Old
Oregon law generally bans discrimination in selling goods based on age, so this lawsuit looks like a winner.
The threat of evil AI from outer space – or maybe a lot closer to home
Episode 206 of the Cyberlaw Podcast
Odd SCOTUS Opinion Line-Ups (2018 edition)
This year's Supreme Court term has produced a few opinions with unconventional line-ups.
Should a Fine's "Excessiveness" Turn Partly on the Defendant's Wealth?
"For a trivial offence, a free man shall be fined only in proportion to the degree of his offence, and for a serious offence correspondingly, but not so heavily as to deprive him of his livelihood."
Supreme Court Will Hear Important Property Rights Case
This could result in a ruling overturning a terrible 1985 decision that makes it very difficult to bring takings cases in federal court.
Does the Excessive Fines Clause Apply to the States?
You'd think we'd know that by now -- but the Supreme Court hasn't spoken to this. Now an Institute for Justice petition asks the Court to consider the issue, and my students and I have just filed an amicus brief (on behalf of many professors) supporting the petition.
Introducing the Constitutional Canon video series
A new video overview of American constitutional law for law students--or anyone who wants an accessible explanation of the canonical and anticanonical decisions of the Supreme Court.
The History of the 'Assault Weapon' Hoax. Part 1: The Crime that Started it All
A 1989 shooting at a Cal. schoolyard began the national "assault weapon" issue. It was a consequence of law enforcement failure.
The Fruits-of-Their-Labor Clause
It's right there in the North Carolina Constitution -- and the N.C. Supreme Court has just enforced it, in a case brought by a public employee, but potentially applicable to economic liberty claims brought by private businesses in the future.
Advice to Young Lawyers from a Judge
I just stumbled across this in doing research on something else.
Short Circuit: A roundup of recent federal court decisions
Scraping content, throttling data, and decency on the internet.
Simple Principles for Tweeting Well
Twitter doesn't need to be a "planetary-scale hate machine" for everybody.
French Prosecution of Marine Le Pen for Tweeting Islamic State Execution Images
The charges -- for "distribution of violent images" -- could lead to up to three years in prison and a $90,000 fine.
Thoughts on the New Constitutional Case Against Obamacare
20 states are right to claim that the mandate is now unconstitutional, but wrong to argue that this requires invalidating the entire Affordable Care Act.
Can Gun Stores Refuse to Sell Rifles and Shotguns to Under-21-Year-Olds?
Depends on what state, city, and county they're in.
No Jail Sentence for Woman Who Falsely Claimed Rape by Three Unidentified Black Men
What should the proper punishment be in such cases?
Why There's No First Amendment Problem With Compulsory Union Agency Fees
Will Baude and I have cosigned a new amicus brief on this in Janus v. AFSCME.
Supreme Court Will Hear Case Challenging Trump's Travel Ban 3.0
The Court's decision to take the case is not surprising. It could potentially result in a very important decision addressing the scope of presidential power over immigration.
A Big Supreme Court Term Just Got Bigger
The Supreme Court agrees to hear challenges to Travel Ban 3.0
University of Alabama Student Expelled for Racist Instagram Rant
Clearly unconstitutional, and a threat to a vast range of other, much more serious, speech.
Internet Taxes, the Supreme Court, Old Decisions, and New Facts
A very interesting analysis of the Supreme Court's new Internet tax case (South Dakota v. Wayfair, Inc.), by Notre Dame Prof. Randy Kozel.
Free Speech and the Administrative State
A conference on January 26 at George Mason University's Antonin Scalia Law School will explore the intersection of administrative law and the First Amendment.
The Challenge of Fourth Amendment Originalism and the Positive Law Test
If the Positive Law test is originalist, then what isn't? A close look at Fourth Amendment history and some recent scholarship.
More on When "United States" Shifted from Plural to Singular
James Phillips, a Constitutional Law Fellow at The Becket Fund for Religious Liberty, offers some very helpful data.
Contempt Proceedings to Enforce YouTube Personality's Secret Speech-Restrictive Settlement Agreement
The latest twist in the Barley House case -- and my attempt to intervene.
Photographing Someone Being Arrested Doesn't Count as "Stalking"
Because "there is a First Amendment right to videotape police officers while they are conducting their official duties in public," that right applies even over the objections of the people being arrested by the officers.
"United States" -- Plural vs. Singular
When did the change happen, and how quick was it? [UPDATE: For more comprehensive data, see this post.]
No First Amendment Right to Display Van as "Lawn Ornament"
And that's so even if the van is red, white, and blue.
Does Jury Nullification Undermine the Rule of Law?
In theory, yes. But not in the world we actually live in, where law enforcement is already rife with numerous discretionary decisions made unavoidable by the fact that we have far too many laws.
