Constitutional Law
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Politics
'Faithless Elector' Could Upend American Politics... But Probably Won't
Electors can do what they want, but they've kind of always been able to do that. -
Courts
Forget Red Flags, This Is The Constitutional Fight Over Guns Some State Needs To Start
People trying to regulate guns simply aren't bold enough. - Sponsored
Legal AI: 3 Steps Law Firms Should Take Now
If 2023 introduced legal professionals to generative AI, then 2024 will be when law firms start adapting to utilize it. Things are moving fast, so… -
Constitutional Law
Hysteria Does Not Generate Good Policy
The suggestion that we should make domestic terrorism a federal crime is not only unnecessary but given the abuses of the past and present, it represents a significant danger to civil liberties.
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Constitutional Law
Should Minors Have A Constitutional Right To Realistically Violent (But Fun) Video Games?
Would a law banning violent video games even be effective today? -
Constitutional Law
We Cannot Arrest Or Prohibit Our Way Out Of An Ideology
The white supremacist ideology has been rising for years, but if we want to fight it effectively, we should take the lessons learned by other communities and organizations. -
Courts
The GOP Has A Plan On Gun Control: Appoint Conservative Judges So No Gun Control Is Ever Possible
Gorsuch and Kavanaugh are just the tip of spear in the Republican attempt to protect gun violence for a generation. -
Politics
Should The North Carolina Gun Store Billboard Targeting 'The Squad' Be Unconstitutional?
It's not unconstitutional now, but should it be? -
Constitutional Law
The False Demonization Of Secularism
A desperate, panicked, and openly theocratic evangelical movement is falsely demonizing secularism and those who believe in the separation of church and state as a threat to religion. - Sponsored
Is The Future Of Law Distributed? Lessons From The Tech Adoption Curve
The rise of remote work has dramatically reshaped the relationship between Lawyers and Law Firms, see how Scale LLP has taken the steps to get… -
Law Schools
Law Professor Turned Congresswoman Gives Trump Failing Grade In Con Law
No one should really be shocked by this. -
Courts
How Do We Measure The Influence Of Rhetoric On Action?
It is impossible to deny that speech can cause harm, but direct regulation of harmful physical actions is preferable to indirect regulation of harmful conduct by censoring or criminalizing speech. -
Constitutional Law
The Difference Between Bryan Carmody And Julian Assange
In today’s edition of two things can be true at once: 1) the prosecution of Julian Assange is a dangerous assault on freedom of the press, and; 2) Julian Assange is a criminal. -
Courts
'I Mean, You're Racist For Calling Me Racist!' Argument Fails Spectacularly In Benchslap
Unfortunately, this state's still got problems. -
Law Schools
Harvard Law School's Own Larry Tribe Is Deeply Concerned About The Next Shoe That's Going To Drop
What do you know, Trump's tweeting again.
Sponsored
Navigating Financial Success by Avoiding Common Pitfalls and Maximizing Firm Performance
The Business Case For AI At Your Law Firm
Is The Future Of Law Distributed? Lessons From The Tech Adoption Curve
Sponsored
Early Adopters Of Legal AI Gaining Competitive Edge In Marketplace
Legal AI: 3 Steps Law Firms Should Take Now
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Courts
The Bladensburg Cross Case Is A National Disgrace
Denying that forced extractions is a form of government coercion is madness enough, but the outright hostility shown by the Court to the objections of non-believers promises great trouble ahead. -
Government
Constitutional Law For Dummies: Trump Explains Article II
He knows the best Con Law rules. -
Courts
The Supreme Court’s New Rule Ensures Public Trust In Law Enforcement Will Further Erode
The Court’s head-in-the-sand approach to compelling evidence of police misconduct that is increasingly being documented by audio and video recordings is inevitably going to degrade the public’s view of the integrity of the Court and law enforcement. -
Constitutional Law
The Effort To Turn Free Conscience Liberty Into An Oxymoron
For some religious conservatives and this current administration, free conscience liberty somehow means they can force unwilling others to practice their beliefs. -
Constitutional Law
The Hypocrisy Of Alabama Is Staggering
What does it say that the state with the strictest abortion law also institutes one of the most cruel, constitutionally violating mass incarceration systems and is among the lowest in education levels? -
Morning Docket
Morning Docket: 05.10.19
* With numerous contempt of Congress charges swirling thanks to the inaction of Trump administration officials, House Speaker Nancy Pelosi has declared that the nation is in the midst of a constitutional crisis. It was only a matter of time before this happened. [New York Times]
* Meanwhile, in the wake of Speaker Pelosi’s comments, President Trump now says that he’ll leave it up to AG Bill Barr to determine whether special counsel Robert Mueller will be permitted to testify before Congress. Frankly, he’s more concerned about Don Jr. now. [New York Times]
* C. Allen Parker, former Cravath presiding partner turned Wells Fargo GC turned Wells Fargo acting CEO, has done something very wise in his short time leading the troubled bank: He created a regulatory and compliance group. Smooth move! [Corporate Counsel]
* “I want my life back.” Jessica Crutcher has come forward as the formerly anonymous Mayer Brown partner behind the $20 million suit where she alleged that a bartender at a Houston restaurant raped her. [Texas Lawyer]
* Paul Manafort has officially been disbarred in D.C. after his conviction for “tampering with witnesses while on pre-trial release,” a crime of moral turpitude. This poor crook lost everything thanks to his association with Donald Trump. [Big Law Business]
* Conan O’Brien has settled a lawsuit that accused him of copyright infringement through joke theft, writing that he “decided to forgo a potentially farcical and expensive jury trial in federal court over five jokes that don’t even make sense anymore.” [Variety]
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Constitutional Law
Falsehoods In The Media Deserve Criticism, But Also First Amendment Protection
The best response to speech we don’t like is more speech, not threats of lawsuits which are often only available to the wealthiest among us to threaten others into silence.