Bakers Lose in Oregon Case, But Wedding Singers / Painters / Photographers Might Win
The Oregon Court of Appeals upholds a $135,000 damages award imposed on Sweetcakes by Melissa for its owners' refusal to make a cake for a same-sex wedding.
Volokh Conspiracy
Seattle Bans Landlords From Screening "Qualified" Tenants
The city's goal is to curb "unconscious bias." But the policy is based on dangerous premises, and is likely to harm tenants more than it benefits them.
University of Chicago Law Review Special Issue on Justice Scalia
Featuring the Solicitor General of the United States, Judge Amy Barrett, many others, and ... me.
Your Information Is Criminal! Incompetent! Unchaste!
What does the phrase "libel of information" mean?
No Lawsuits for Negligent Lobbying
A woman is injured in a car accident supposedly because of bad roadway design decision (a dangerous cut in the median) -- so she sues business that had lobbied county to make that decision.
Short Circuit: A roundup of recent federal court decisions
Jailed for short-term house rental, tased for dialing 911, and tortured for opposing eminent domain
Family Court Must Not Discriminate Against Religious Schooling
Nevada Supreme Court holds that trial court wrongly rejected father's preference for religious schooling just because of mother's religious objection.
How Controversial Chinese Billionaire Founder of Faraday Future Got a Gag Order Against Critic
Jia Yueting got an injunction from a Washington state court, forbidding critic Gu Yingqiong from "publish[ing] any posts or [online] commentary concerning" Jia.
Appeals Court Rules Against Trump's Travel Ban 3.0
The court concluded that the travel ban exceeds the scope of presidential authority and violates immigration laws enacted by Congress.
Bruce Ackerman on the Need to Rein in Unconstitutional Warmaking Before it is Too Late
A prominent constitutional law scholar highlights the perils of wars waged without congressional authorization - a practice engaged in by Obama and now perpetuated by Trump.
If BYOB Is Legally Allowed at Strip Clubs, They Have a First Amendment Right to Advertise It
So held a federal court in New Jersey yesterday (GJJM Enterprises, Inc. v. City of Atlantic City).
Court Throws Out Libel Lawsuit Brought by Open Source Security
Bruce Perens' claimed that Open Source Security's license violates the GPL open-source license agreement; that's protected opinion, the court said.
Court Reaffirms: H.S. Athlete Likely Has Right to Kneel During National Anthem
A Federal district court grants a preliminary injunction in V.A. v. San Pasqual Valley Unified School District.
"Sometimes Contrarian. Often Libertarian. Always Independent."
Some of us are libertarian, some conservative, some moderate, many a mix -- but all are independent of Reason's editorial line (such as it is) or of any dictates from me or from each other. Expect many departures from libertarian orthodoxies.
How Does He Know If You've Been Bad or Good?
This was supposedly written for and sung at a US Department of Justice, Office of Legal Counsel Christmas party during the Carter administration -- please let me know if you have more precise attribution.
The Trump Administration and the United Nations – A Good News Story
Diplomatic Competence Brings Success at the United Nations
Federal Court Dismisses First Emoluments Clause Case Against President Trump
A federal district court in New York concludes none of the plaintiffs could demonstrate standing in CREW v. Trump
Former Journalist Sentenced to 5 Years in Case Involving Bomb Threats Against Jewish Institutions
Juan Thompson started with a campaign of falsehoods aimed at his ex-girlfriend, and added the death "either to implicate [her] as the source of the threats or to accuse [her] of falsely accusing him of the threats."
The Duty to Retreat in the Founding Era
The stand your ground / duty to retreat debate has been around in the U.S. since the very beginning.
Reconciling Katz and the Fourth Amendment Text
Some people think the Katz "reasonable expectation of privacy" test is hard to reconcile with the text of the Fourth Amendment. Here's why I think they're wrong.
Every Vote Does Count—But the Chance it Will Make a Difference is Still Ridiculously Low
A recent Virginia election decided by one vote has given new life to the mantra that "every vote counts." But the chance of a single vote making a difference remains extraordinarily low, and this reality incentivizes voters to be ignorant and biased.
D.C. Allowed to Exclude Religious Ads from Buses
Seems inconsistent with a 1995 Supreme Court precedent, but the D.C. federal court allowed this, and the D.C. Circuit seems to agree.
Can Public Display of Pictures of Nudity Be Criminalized?
It turns out the Supreme Court has dealt with the question, in Erznoznik v. City of Jacksonville (1975).
My Take on the Politics of 'The Last Jedi'
"The Last Jedi" focuses on the value of institutions, not just individual heroes. But it's still hard to tell what the rebels are fighting for.
Court Upholds Right to Display Signs Depicting Aborted Fetuses
A sound decision Monday from a federal district court in Michigan.
Constitutional Right to Install Bulletproof Glass?
Philadelphia's planned restrictions on bulletproof glass would violate the Pennsylvania Bill of Rights -- "All men ... have certain inherent and indefeasible rights, among which are those of enjoying and defending life and liberty, [and] of ... protecting property ...."
Can Repeated Speech Be Criminalized Just Because It's Intended to "Seriously Annoy"?
No, says the New Jersey Supreme Court in an opinion that sharply limits the state criminal harassment statute.
Trump's Record on Judges
Recent focus on a few failed trial court nominations obscures impressive record of stellar nominees for appellate courts.
