Category Archives: law
Judge Aileen Cannon put off setting deadline for Trump to submit notice about what classified information he intends to use at trial
A great takedown of originalism and the current SCOTUS
From a Justice on the Hawaii Supreme Court. It’s all dicta and tangential to the case at hand but it’s still on point and worth reading.
Constitutional law will never be the same
We are in the midst of dramatic changes in many areas of constitutional law. Thirty years ago, I wrote the first edition of a constitutional law casebook. I have just completed the seventh edition, and never has so much changed from the prior edition or since I began writing the book.
Which prosecutor is the better chess player?
According to the NYT, federal special prosecutor Jack Smith and Georgia state prosecutor Fani Willis are employing two very different strategies in their cases against TFG:
“The two approaches — one [Smith’s] streamlined, built with concision and speed in mind, the other [Willis’s] more comprehensive in seeking accountability but also more complex to try — represent the divergent experiences, temperaments and timetables of the two prosecutors.”
I’m not so sure it’s self-executing but he should be disqualified
Former President Donald Trump is barred from office under the 14th Amendment because he ?engaged in insurrection,? two conservative law professors have concluded in an upcoming law review article.
Upholding our children’s right to watch Shakespearean comedy
Which contains a lot of cross-dressing.
The anti-drag law lost on all fronts. "[L]aws infringing on the Freedom of Speech must be narrow and well-defined." This "is neither," the Trump appointee ruled.
AI is a menace in more ways than one
A federal judge in New York City has ordered two lawyers and their law firm to show cause why they shouldn?t be sanctioned for submitting a brief with citations to fake cases, thanks to research by ChatGPT.
A step in the right direction
Supreme Court justices and all federal judges must provide a fuller public accounting of free trips, meals and other gifts they accept from corporations or organizations, according to revised regulations quietly adopted this month.
As well it should be
A plan to save the high court from its own excesses?with bipartisan buy-in?is gathering steam. Here are the next steps to build on the unexpected momentum.
Be afraid, be very afraid
Sometimes an especially momentous U.S. Supreme Court term is followed by a quieter year with fewer blockbuster decisions. But that is not what we should expect when the court hands down its rulings for this term in spring 2023. Once more, the court?s docket is filled with cases of great legal and social importance that will profoundly affect the lives of many people.