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Instapundit.com

Instapundit.com

Online magazine of opinion. By University of Tennessee College of Law professor Glenn Reynolds.

http://pjmedia.com/instapundit/
Rank this Week: 1

The Volokh Conspiracy

The Volokh Conspiracy

By Eugene Volokh, Dale Carpenter, David Kopel, David Bernstein, David Post, Erik Jaffe, Ilya Somin, Jim Lindgren, Jonathan Adler, Kevan Choset, Orin Kerr, Randy Barnett, Russell Korobkin, Sasha Volokh, Stuart Benjamin, Todd Zywicki & Tyler Cowen.

http://www.volokh.com/
  • May 23

    [Stewart Baker] Blockchain takes over the podcast

    [Stewart Baker] Blockchain takes over the podcast
    In our 217th episode of The Cyberlaw Podcast, the blockchain and cryptocurrency team seizes control of the podcast again. Alan Cohn hosts another of the podcast's periodic deep dives into all things blockchain and cryptocurrency to discuss…
  • May 23

    [Orin Kerr] Eleventh Circuit Creates Circuit Split on Cell Phone Border Searche

    [Orin Kerr] Eleventh Circuit Creates Circuit Split on Cell Phone Border Searche
    The Eleventh Circuit has handed down an important new ruling on cell phone searches at the border, United States v. Touset. In an opinion by Judge William Pryor, the court disagrees with the Fourth Circuit and Ninth Circuit caselaw requiring…
  • May 23

    [Eugene Volokh] Blocking of Twitter Users from @RealDonaldTrump Violates First Amendment

    [Eugene Volokh] Blocking of Twitter Users from @RealDonaldTrump Violates First Amendment
    President Trump has been blocking some Twitter users from his @RealDonaldTrump account, apparently because of their viewpoints. (The President apparently stipulated, in this lawsuit, that "[s]hortly after the Individual Plaintiffs posted the…
Rank this Week: 7

Concurring Opinions

Concurring Opinions

Group blog with a broad emphasis on legal topics. By Professors Daniel J. Solove, Kaimipono Wenger, Dave Hoffman, Frank Pasquale, Deven Desai, Danielle Citron, Lawrence Cunningham, Sarah Waldeck, Jaya Ramji-Nogales, Solangel Maldonado and Gerard Magliocca.

http://www.concurringopinions.com
Rank this Week: 11

Legal Theory Blog

Legal Theory Blog

Covers constitutional theory, feminist legal theory, law and economics, normative legal theory and more. By University of Illinois Professor Lawrence B. Solum.

http://lsolum.typepad.com/legaltheory/
  • May 23

    Zick on "Managed Speech" by Magarian

    Zick on "Managed Speech" by Magarian
    Timothy Zick (William & Mary Law School) has posted Managing Dissent (Washington University Law Review, Vol. 95, No. 5, 2018) on SSRN. Here is the abstract: In his insightful new book, Managed Speech: The Roberts Court's First Amendment…
  • May 23

    Risse on Artificial Intelligence & Human Right

    Risse on Artificial Intelligence & Human Right
    Mathias Risse (Harvard University - Harvard Kennedy School (HKS)) has posted Human Rights and Artificial Intelligence: An Urgently Needed Agenda on SSRN. Here is the abstract: Artificial intelligence generates challenges for human rights.…
  • May 22

    Scott-Hayward & Ottone on the Constitutionality of California's Bail System

    Scott-Hayward & Ottone on the Constitutionality of California's Bail System
    Christine S. Scott-Hayward (California State University, Long Beach - School of Criminology, Criminal Justice, and Emergency Management) & Sarah Ottone (Georgetown University, Law Center, Students) have posted Punishing Poverty:…
Rank this Week: 13

Conflict of Laws .net

Conflict of Laws .net

Covers news and discussion on the conflict of laws in private international law cases. Editor is Martin George of the University of Birmingham. Published in association with the Journal of Private International Law.

http://conflictoflaws.net
Rank this Week: 14

Discourse.net

Discourse.net

By University of Miami law professor Michael Froomkin. Covers civil liberties, the Internet, Guantanamo, Iraq attrocities, politics and more.

http://www.discourse.net/
  • May 18

    Yes, the CRA is a Way to Restore Net Neutrality

    Yes, the CRA is a Way to Restore Net Neutrality
    National treasure Harold Feld explains why the CRA really would be a means of restoring the net neutrality rule. Strangely, it appears some folks actually doubted this as a theoretical matter. Of course the House won’t likely vote to…
  • May 8

    Worse than Corruption

    Worse than Corruption
    I know people who think that the worst thing about the Trump administration is the corruption: the Trump family lining its pockets in various grifting ways, be it emoluments via hotel; deals in the shadow of official favor; multiple…
  • Apr 25

    Most Unusual Campaign Ad of 2018 (So Far)

    Most Unusual Campaign Ad of 2018 (So Far)
    The year is young, but Katie Hill has set the bar, er, high, for unusual and arresting campaign ads. Ms. Hill is running for Congress in California’s 25th district. All I know about her besides what is on her issues … Continue…
Rank this Week: 15

Legal Profession Blog

Legal Profession Blog

Edited by S. Alan Childress, Michael S. Frisch, Jeffrey M. Lipshaw and Nancy B. Rapaport.

http://lawprofessors.typepad.com/legal_profession/
  • May 23

    D.C. Board Proposes Suspension Of Pants Judge

    D.C. Board Proposes Suspension Of Pants Judge
    In a case that received a high degree of notoriety in a dimly-remembered past, the District of Columbia Board on Professional Responsibility rejected a non-suspensory sanction proposed by a hearing committee and unopposed by Disciplinary…
  • May 23

    D.C. At Its Best

    D.C. At Its Best
    An Ad Hoc District of Columbia Hearing Committee has covered itself in glory with a tightly-reasoned, thoroughly professional report finding that an attorney who had mishandled a Tax Court case and failed to cooperate in the ensuing bar…
  • May 23

    No Slam Dunk

    No Slam Dunk
    A plaintiff injured during a summer basketball camp slam dunk competition failed to defeat an assumption of risk defense in her action against Hofstra University according to this opinion of the New York Appellate Division for the First…
Rank this Week: 18

Antitrust & Competition Policy…

Antitrust & Competition Policy Blog

Edited by D. Daniel Sokol and Shubha Ghosh.

http://lawprofessors.typepad.com/antitrustprof_blog/
  • May 23

    Antitrust's Unconventional Politic

    Antitrust's Unconventional Politic
    Dan Crane, Michigan explores Antitrust's Unconventional Politics. ABSTRACT: For the first time in a generation, political pressure is growing to reform antitrust in a considerably more interventionist direction. To the bafflement of many…
  • May 23

    The Competitive Effect of a Bank Megamerger on Credit Supply

    The Competitive Effect of a Bank Megamerger on Credit Supply
    Hombert, Johan; Fraisse, Henri; and Lé, Mathias discuss The Competitive Effect of a Bank Megamerger on Credit Supply. ABSTRACT: We study the effect of a merger between two large banks on credit market competition. We identify the competitive…
  • May 23

    Four cases in sports competition policy: Baseball, judo, football, and motor racing

    Four cases in sports competition policy: Baseball, judo, football, and motor racing
    Oliver Budzinski discusses Four cases in sports competition policy: Baseball, judo, football, and motor racing. ABSTRACT: Practices and conducts in professional and even amateur sports can be subject to competition laws as soon as commercial…
Rank this Week: 19

TaxProf Blog

TaxProf Blog

By Paul L. Caron.

http://taxprof.typepad.com/taxprof_blog/
  • May 23

    Stetson Named Inaugural ABA Competitions Champion

    Stetson Named Inaugural ABA Competitions Champion
    ABA Press Release, Stetson University College of Law Named Inaugural ABA Competitions Champion: The American Bar Association has named Stetson University College of Law in Gulfport, Fla., the inaugural ABA Competitions Champion. Competitions…
  • May 23

    Morrow: Government As Investor — The Case For Immediate Expensing

    Morrow: Government As Investor — The Case For Immediate Expensing
    Rebecca Morrow (Wake Forest), Government as Investor: The Case for Immediate Expensing, 106 Ky. L. Rev. 1 (2017) (reviewed here): For more than sixty years, tax scholars have recognized conditions under which the government ceases to be a…
  • May 23

    2018 AccessLex Institute Legal Education Data Deck

    2018 AccessLex Institute Legal Education Data Deck
    AccessLex Institute, 2018 Legal Education Data Deck: Key Trends on Access, Affordability, and Value: AccessLex Institute offers this 2018 Legal Education Data Deck for the use of the legal education community, policymakers, and others…
Rank this Week: 20

Workplace Prof Blog

Workplace Prof Blog

Covers arbitration, disability, employment discrimination, labor law, public employment law and workplace safety. By Jeffrey M. Hirsch, Marcia L. McCormick, Paul M. Secunda, Charles A. Sullivan and Richard Bales.

http://lawprofessors.typepad.com/laborprof_blog/
  • May 23

    New NFL Policy on National Anthem Protest

    New NFL Policy on National Anthem Protest
    The NFL has just adopted a new policy on national anthem protests, which raises some potential labor law issues. As I understand the new policy, it implements three new features. First, it allows each team to establish its own policy...
  • May 23

    Announcing the Eighth and Ninth Annual Employee Benefits & Social Insurance Conference

    Announcing the Eighth and Ninth Annual Employee Benefits & Social Insurance Conference
    Peter Wiedenbeck (Wash. U.) writes to let us know about the annual Employee Benefits & Social Insurance Conferences, which have been running since 2012. The save-the-date announcement: We are pleased to announce the dates and locations of…
  • May 21

    Supreme Court Holds That NLRA Does Not Prohibit Class Action Arbitration Waiver

    Supreme Court Holds That NLRA Does Not Prohibit Class Action Arbitration Waiver
    The Supreme Court today issued its decision in Epic Systems, ruling for employers who, as part of mandatory arbitration clauses, require their employees to waive their right to class actions. This should come as a surprise to no one, as...
Rank this Week: 23

Media Law Prof Blog

Media Law Prof Blog

By Christine A. Corcos.

http://lawprofessors.typepad.com/media_law_prof_blog/
  • May 23

    Green on New Frontiers for the Derivative Work Right in Video Games @j_remy_green

    Green on New Frontiers for the Derivative Work Right in Video Games @j_remy_green
    J. Remy Green, Fried, Frank, Harris, Shriver, & Jacobsen, LLP, is publishing All Your Works Are Belong to Us: New Frontiers for the Derivative Work Right in Video Games in volume 19 of the North Carolina Journal of Law and...
  • May 22

    Goold on the Lost Tort of Moral Rights Invasion @harvard_law

    Goold on the Lost Tort of Moral Rights Invasion @harvard_law
    Patrick Russell Goold, Harvard Law School, is publishing The Lost Tort of Moral Rights Invasion in the Akron Law review. Here is the abstract. Moral rights are often portrayed as an unwelcome import into U.S. law. During the nineteenth…
  • May 22

    Green on Using Copyright as a Metric for Harm in "Revenge Porn" Cases @j_remy_green

    Green on Using Copyright as a Metric for Harm in "Revenge Porn" Cases @j_remy_green
    J. Remy Green, Fried, Frank, Harris, Shriver & Jacobson, LLP, is publishing A (Nude) Picture Is Worth a Thousand Words — But How Many Dollars?: Using Copyright as a Metric for Harm in ‘Revenge Porn’ Cases in volume 45 of...
Rank this Week: 26

PrawfsBlawg

PrawfsBlawg

By Professors Dan Markel, Ethan J. Leib, Rob Howse, Paul Horwitz, Rick Garnett, Matt Bodie, Steve Vladeck and Orly Lobel.

http://prawfsblawg.blogs.com/prawfsblawg/
  • May 23

    Irony can be pretty ironic

    Irony can be pretty ironic
    Does anyone recognize the tragic irony that the Milwaukee Police Department released this (and got this response from the Milwaukee Bucks) on the same day the NFL announced this.
  • May 23

    2018 Hiring Report - Subject Areas Over Time

    2018 Hiring Report - Subject Areas Over Time
    Jeremy Bearer-Friend commented: "I wonder whether there are certain patterns over time for entry-level hiring by area of law. For example, whether tax hiring is constant even when total number of hires dips, or whether civ pro is…
  • May 23

    Contempt and the universal injunction

    Contempt and the universal injunction
    Last month, I wrote about a case in which a district court in Texas enforced a universal injunction barring enforcement of the Obama Labor Department's overtime regulations (issued in a case against DOL) by holding in contempt private…
Rank this Week: 32

Sentencing Law and Policy

Sentencing Law and Policy

By Douglas A. Berman.

http://sentencing.typepad.com/sentencing_law_and_policy/
  • May 23

    Two great new long reads from The Marshall Project

    Two great new long reads from The Marshall Project
    The Marshall Project is for me a regular must-read: my weekdays mornings start most days with its "Opening Statement" email full of all sorts of original and linked criminal justice stories. Many days I find the "Opening…
  • May 23

    "Capitalizing on Criminal Justice"

    "Capitalizing on Criminal Justice"
    The title of this post is the title of this notable new article authored by Eisha Jain now available via SSRN. Here is its abstract: The U.S. criminal justice system “piles on.” It punishes too many for too long. Much...
  • May 23

    Disconcerting updated data on state prisoner recidivism from the Bureau of Justice Statistic

    Disconcerting updated data on state prisoner recidivism from the Bureau of Justice Statistic
    The Bureau of Justice Statistics has just released this notable "Special Report" that updates its data on criminal justice interactions of a huge cohort of state prisoners released in 2005. This new report is titled "2018…
Rank this Week: 28

Slaw

Slaw

A Canadian cooperative weblog on all things legal.

http://www.slaw.ca
  • May 23

    Pizza Delivery – in the Not Too Distant Future

    Pizza Delivery – in the Not Too Distant Future
    In the not too distant future… “Hey Google, order me a pizza – the usual, but a large this time, and have it delivered.” Google Duplex calls pizza place. Pizza place AI bot answers the phone. The bots talk to each…
  • May 23

    Can There Be Reconciliation in an Adversarial Process? Access to Justice, Reconciliation and the Role of the Government Lawyer

    Can There Be Reconciliation in an Adversarial Process? Access to Justice, Reconciliation and the Role of the Government Lawyer
    The dispute resolution processes created pursuant to the Indian Residential School Settlement Agreement (IRSSA) have been described as both significant and historical. While together, these processes represent an important shift in how we…
  • May 23

    Wednesday: What’s Hot on CanLII

    Wednesday: What’s Hot on CanLII
    Each Wednesday we tell you which three English-language cases and which French-language case have been the most viewed* on CanLII and we give you a small sense of what the cases are about. For this last week: 1. Patterson v. Peladeau, 2018…
Rank this Week: 30

Reproductive Rights Prof Blog

Reproductive Rights Prof Blog

Covers abortion, contraception, pregnancy and fetal rights. By Caitlin E. Borgmann.

http://lawprofessors.typepad.com/reproductive_rights/
Rank this Week: 29

Family Law Prof Blog

Family Law Prof Blog

By Andrea B. Carrol and Margaret Ryznar.

http://lawprofessors.typepad.com/family_law/
  • May 23

    Will Ireland's Abortion Laws Be Changed May 25?

    Will Ireland's Abortion Laws Be Changed May 25?
    From BBC News: A referendum will take place on 25 May on whether to reform Ireland's strict abortion laws. The vote will decide whether to repeal a constitutional amendment that effectively bans terminations. It will be the country's sixth…
  • May 23

    Parents Evict Son

    Parents Evict Son
    From CNN: A 30-year-old man didn't get the message that it was time to move out of his parents' home, even after they left him five notices and an offer of cash to help find new digs. The New York...
  • May 23

    Irish Referendum on Abortion

    Irish Referendum on Abortion
    From CNN: Come May 25, Ireland will go to the polls in a referendum on whether to repeal the Eighth Amendment to the Constitution, which says a fetus has an equal right to life as the mother. A yes vote...
Rank this Week: 27

Land Use Prof Blog

Land Use Prof Blog

Edited by Professors Matthew J. Festa, James J. Kelly, Jr., Stephen R. Miller, Jessica Owley and Kenneth A. Stahl.

http://lawprofessors.typepad.com/land_use/
Rank this Week: 36

Jack Bog's Blog

Jack Bog's Blog

Law and other thoughts by Lewis & Clark Law School Professor Jack Bogdanski.

http://bojack.org/
  • Apr 5

    Have a great weekend

    Have a great weekend
  • Apr 5

    Pay a compliment, then apologize

    Pay a compliment, then apologize
    This country is cutting out its own soul in the name of correctness.
  • Apr 5

    Drive in from the Couv, *and* deal with MAX?

    Drive in from the Couv, *and* deal with MAX?
    We're intrigued by the reference, in this article about the CRoCk, to "Portland’s whizzy light-rail system, which many Vancouverites drive across the river to use." How many do you think is "many"?
Rank this Week: 38

ImmigrationProf Blog

ImmigrationProf Blog

By Kevin R. Johnson, Bill O. Hing and Rose Cuison Villazor.

http://lawprofessors.typepad.com/immigration/
  • May 23

    A Welcoming Home for The Most Vulnerable

    A Welcoming Home for The Most Vulnerable
    Guest post by Mariana Zuniga, a rising 3L at The Barry University Dwayne O. Andreas School of Law. Just 19 miles south of beautiful San Diego rests a 4 story colorful home that blends in with the other residences in...
  • May 23

    Quick as 1, 2, 3

    Quick as 1, 2, 3
    Guest post by Rose Platel, a rising 3L at The Maurice A. Deane School of Law at Hofstra University. It can take three minutes to make your bed, grab a cup of your favorite coffee, finally back up your computer,...
  • May 23

    Postville Ten Years After: Racial Profiling in Immigration Enforcement Continue

    Postville Ten Years After: Racial Profiling in Immigration Enforcement Continue
    In the aftermath of a massive immigration raid rural Iowa ten years ago that grabbed grabbed headlines across the nation, see Interpreting after the Largest ICE Raid in U.S. History, Erik Camayd-Freixas, an interpreter for the U.S.…
Rank this Week: 40

Adjunct Law Prof Blog

Adjunct Law Prof Blog

Focuses on issues of interest to adjunct law professors, including labor law, employment law, employee benefits law and education law issues. Edited by Mitchell H. Rubinstein.

http://lawprofessors.typepad.com/adjunctprofs/
  • Feb 23

    South Texas Law Review: Ethics in Energy and Environmental Law

    South Texas Law Review: Ethics in Energy and Environmental Law
    South Texas Law Review is hosting its 23rd Annual Symposium tomorrow, February 24, at the school's downtown campus. Information about this symposium is here. Craig Estlinbaum
  • Feb 22

    Supremes Issue Major IDEA Case Concerning Exhaustion of Administrative Remedie

    Supremes Issue Major IDEA Case Concerning Exhaustion of Administrative Remedie
    The IDEA requires exhaustion of administrative remedies before bringing a due process complaint for the denial of a Free and Appropriate Education. But, what about a discrimination claim under the ADA or the Rehabilitation Act for the failure…
  • Feb 8

    Missouri Becomes 28th Right To Work State

    Missouri Becomes 28th Right To Work State
    Governor Eric Greitens of Missouri, on Feb. 6, 2017, signed a Bill into law which makes Missouri the 28th right-to-work state. Under this new law, effective August 28, 2017, employers are barred from requiring employees to become, remain, or…
Rank this Week: 44

The Faculty Lounge

The Faculty Lounge

Conversations about law, culture, and academia. By Professors Dan Filler, Laura Appleman, Al Brophy, Kevin Noble Maillard and Calvin Massey.

http://www.thefacultylounge.org/
  • May 23

    Antony Page Named Dean of Florida International Law

    Antony Page Named Dean of Florida International Law
    FIU Law has completed its search for a new dean and it has selected Vice-Dean Antony Page of the University of Indiana - Indianapolis Law. Page, who holds a JD from Stanford, joined IU in 2003 and will move to...
  • May 22

    Admissions, Accreditation and the ABA: An Analysis of Recent Law School Lawsuit

    Admissions, Accreditation and the ABA: An Analysis of Recent Law School Lawsuit
    Recently, the ABA has been sued by Western Michigan University Thomas Cooley School of Law, and two InfiLaw schools: Florida Coastal School of Law and the defunct Charlotte School of Law. In addition, the ABA was named as a co-defendant...
  • May 22

    The Backstory of the Perfect Royal Wedding Song

    The Backstory of the Perfect Royal Wedding Song
    My brother Alex is an ethnomusicologist at the University of Minnesota. He and I have an oped at CNN.com, on the origin of "Stand by Me," which was performed at the wedding of Meghan Markle and Prince Harry. Here is...
Rank this Week: 48

CrimProf Blog

CrimProf Blog

Criminal law issues and commentary. Edited by Kevin Cole, Lawrence A. Alexander, Donald A. Dripps, Yale Kamisar, Adam J. Kolber, and Jean Ramirez.

http://lawprofessors.typepad.com/crimprof_blog/
  • May 23

    Abrams on Attempted Material Support of Terrorism as Punishment for Thought

    Abrams on Attempted Material Support of Terrorism as Punishment for Thought
    Norman Abrams (UCLA Law School) has posted When MPC Attempts Meet Material Support Offenses: How Close to Punishment for Thoughts? on SSRN. Here is the abstract: Material support crimes combined with the modern law of attempted offenses have…
  • May 23

    Larkin on Ignorance of Law

    Larkin on Ignorance of Law
    Paul J. Larkin (The Heritage Foundation) has posted The Folly of Requiring Complete Knowledge of the Criminal Law (Liberty University Law Review, Forthcoming) on SSRN. Here is the abstract: Some hoary criminal law maxims still are sensible…
  • May 23

    Atiq on Doubt and Retributivism

    Atiq on Doubt and Retributivism
    Emad H. Atiq (Princeton University - Department of Philosophy) has posted What Unconditional Credence in Individual Desert Claims Does Retributivism Require? (University of Illinois Law Review, 2018) on SSRN. Here is the abstract: Punishing a…
Rank this Week: 46

Leiter Reports: A Group Blog

Leiter Reports: A Group Blog

Covers academic freedom, authoritarianism and fascism, intelligent design and more. By University of Texas Professor Brian R. Leiter and others.

http://leiterreports.typepad.com/blog/
Rank this Week: 50

Business Law Prof Blog

Business Law Prof Blog

Edited by C. Steven Bradford, Joshua P. Fershee, J. Haskell Murray, Marcia L. Narine, Stefan J. Padfield and Anne Tucker.

http://lawprofessors.typepad.com/business_law/
  • May 23

    ICYMI: #corpgov Midweek Roundup (May 23, 2018)

    ICYMI: #corpgov Midweek Roundup (May 23, 2018)
    "Supreme Court sides with employers in class action arbitration cases ... Justice Neil Gorsuch delivered the opinion for the 5-4 majority ... The case ... pitted two federal laws against each other." https://t.co/5fMJ6Oci9Q…
  • May 22

    Really, It's Okay to Use a Corporation to Limit Personal Liability

    Really, It's Okay to Use a Corporation to Limit Personal Liability
    I was browsing through some recent veil piercing cases (because that's how I roll), and I came across this gem: [I]t is unclear that merely using a corporation to limit personal liability rises to the level of fraud required to...
  • May 21

    Call for Papers: AALS Section on Transactional Law & Skill

    Call for Papers: AALS Section on Transactional Law & Skill
    Call for Papers AALS Section on Transactional Law and Skills Transactional Law and Finance: Challenges and Opportunities for Teaching and Research 2019 AALS Annual Meeting New Orleans, Louisiana The AALS Section on Transactional Law and…
Rank this Week: 54

Religion Clause

Religion Clause

By University of Toledo College of Law Professor Howard M. Friedman.

http://religionclause.blogspot.com/
  • May 22

    Wisconsin Supreme Court, Splitting Equally, Upholds Protection of Indian Grave

    Wisconsin Supreme Court, Splitting Equally, Upholds Protection of Indian Grave
    In Wingra Redi-Mix, Inc. v. State Historical Society of Wisconsin, (WI Sup. Ct., May 22, 2018), the Wisconsin Supreme Court  divided equally, 3-3, in a challenge to a concrete company that was seeking a permit to allow it to dig up…
  • May 21

    Michigan Civil Rights Commission Says Existing Law Covers LGBT Discrimination

    Michigan Civil Rights Commission Says Existing Law Covers LGBT Discrimination
    The Detroit Free Press reports that at its meeting today, the Michigan Civil Rights Commission, by a vote of 5-0-1, agreed to expand its interpretation of the state's Larsen Civil Rights Act to cover discrimination based on sexual orientation…
  • May 18

    NOTE TO READERS: RELIGION CLAUSE WILL BE ON A PUBLICATION BREAK

    NOTE TO READERS: RELIGION CLAUSE WILL BE ON A PUBLICATION BREAK
    There will be sporadic or no postings on Religion Clause Blog between May 19 and June 4.  Look for Religion Clause to return with regular postings beginning June 5.
Rank this Week: 51

Lawfare

Lawfare

Coveres actions taken or contemplated to protect the nation interact with the nation’s laws and legal institutions, including cybersecurity, Guantánamo habeas litigation, targeted killing, biosecurity, universal jurisdiction, the Alien Tort Statute, and the state secrets privilege. By Benjamin Wittes, Jack Goldsmith and Robert Chesney.

http://www.lawfareblog.com/
  • May 23

    Rational Security: The 'SpyGate' Edition

    Rational Security: The 'SpyGate' Edition
    President Trump orders the Justice Department to investigate the Russia investigation. Secretary of State Mike Pompeo details the administration’s strategy for dealing with Iran. And Trump appears to say that North Korea might not need…
  • May 23

    Document: Sen. Jeff Merkley Releases Draft AUMF

    Document: Sen. Jeff Merkley Releases Draft AUMF
    Sen. Jeff Merkley has released the text of a new draft AUMF, available in full below. The senator's press release and summary of the bill are available here.   Senator Merkley AUMF (PDF)Senator Merkley AUMF (Text)
  • May 23

    The National Security Law Podcast: I Hereby Demand, and Tomorrow Will Officially Order, That You Listen to This Podcast

    The National Security Law Podcast: I Hereby Demand, and Tomorrow Will Officially Order, That You Listen to This Podcast
    Never a slow week in this business… This week we’ve got breakdowns and debates over some familiar topics: Military commissions: The convoluted proceedings in the al-Nashiri prosecution became a bit less tangled this week, as…
Rank this Week: 65

White Collar Crime Prof Blog

White Collar Crime Prof Blog

Edited by Ellen S. Podgor, Solomon L. Wisenberg and Lawrence S. Goldman.

http://lawprofessors.typepad.com/whitecollarcrime_blog/
  • May 20

    U.S. v. Olga Hernandez: A Smashing Victory For Bill Reid

    U.S. v. Olga Hernandez: A Smashing Victory For Bill Reid
    Congratulations to my old friend and colleague William T. Reid IV (aka Bill Reid) of Reid Collins & Tsai (see Bill's bio here) who recently won a complete acquittal for his client Olga Hernandez in San Antonio federal court. Hernandez,...
  • May 16

    Carry on Mueller

    Carry on Mueller
    Judge Amy Berman Jackson's Memorandum Opinion and Order gives a green light to Special Counsel Robert S. Mueller III proceeding with the cae against Paul J. Manafort, Jr. (see here and here). Her straightforward Order dissects the authority…
  • May 12

    The Giuliani Problem: He's Rusty, Not Rudy.

    The Giuliani Problem: He's Rusty, Not Rudy.
    Here is Jonathan Turley's latest column for The Hill discussing the emerging "legal strategy" of Team Trump. It is clear that the hiring of Rudy Giuliani and Emmet Flood was part of a concerted effort to smear Team Mueller while...
Rank this Week: 64

In the News

In the News

Faculty news from Berkeley Law.

http://inthenews.berkeleylawblogs.org/
  • May 9

    Opinion: State law recognizes rivers and groundwater are connected — now what?

    Opinion: State law recognizes rivers and groundwater are connected — now what?
    Michael Kiparsky co-writes for The Mercury News, May 9, 2018 Effective integrated management of groundwater and surface water is simultaneously one of the most important and most difficult challenges facing California. With broad integration,…
  • May 9

    Solar panels may soon be required on all new California homes. So what’ll that cost?

    Solar panels may soon be required on all new California homes. So what’ll that cost?
    Ethan Elkind quoted by KPCC-FM, May 9, 2018 “There are other ways we can reduce more, but it’s a critical way to reduce emissions going forward,” he said. “If we can start reducing the emissions associated with…
  • May 7

    $650 million vote set on Delta tunnels project: Are taxpayers protected?

    $650 million vote set on Delta tunnels project: Are taxpayers protected?
    Holly Doremus quoted by The Mercury News, May 7, 2018 “If I were a board member, at this point I would not be ready to vote,” said Holly Doremus. … “There are too many uncertainties.” Chief among them, she said,…
Rank this Week: 63

M & A Law Prof Blog

M & A Law Prof Blog

Edited by Brian J.M. Quinn, Afra Afsharipour, and Michael A. Woronoff.

http://lawprofessors.typepad.com/mergers/
  • Apr 23

    Call for Papers: Contractual Governance

    Call for Papers: Contractual Governance
    From our friends at the AALS Section on Business Associations: Call for Papers for Section on Business Association Program on Contractual Governance: the Role of Private Ordering at the 2019 AALS Annual Meeting The AALS Section on Business…
  • Apr 2

    Corporate & Securities Litigation Workshop - Call for Paper

    Corporate & Securities Litigation Workshop - Call for Paper
    From our friends at the Workshop for Corporate & Securities Litigation: The University of Richmond School of Law, in conjunction with Boston University School of Law, University of Illinois College of Law, and UCLA School of Law, invites…
  • Aug 18

    Faculty Position - Richmond

    Faculty Position - Richmond
    Richmond is seeking to fill slots in the corporate area. See notice below: The University of Richmond School of Law seeks to fill three tenure-track positions for the 2018-2019 academic year, including one in corporate/securities law.…
Rank this Week: 67

Wills, Trusts & Estates Prof…

Wills, Trusts & Estates Prof Blog

By Gerry W. Beyer.

http://lawprofessors.typepad.com/trusts_estates_prof/
  • May 23

    CLE on Trusts From A to Z

    CLE on Trusts From A to Z
    The National Business Institute is holding a conference entitled, Trusts From A to Z, on Monday, June 04, 2018, at the Best Western Plus North Haven Hotel in North Haven, Connecticut. Provided below is a description of the event: Program...
  • May 23

    Drafting Do's and Don'ts, May/June 2018

    Drafting Do's and Don'ts, May/June 2018
    This installment of "Drafting Do's and Don'ts" pertains to inconsistent drafting. There are two basic forms of drafting inconsistency: inconsistent drafting philosophy and inconsistency in the technical aspects of a trust…
  • May 23

    The 3 Reasons Why People Do Estate Planning

    The 3 Reasons Why People Do Estate Planning
    55% of Americans do not have a will, and that is a great concern for many as some states has laws that designate how a descendant's belongings are distributed after their passing. Even if you believe that your assets are...
Rank this Week: 79

ProfessorBainbridge.com

ProfessorBainbridge.com

Commentary on law, business, economics and culture. By UCLA School of Law Professor Stephen Bainbridge.

http://www.professorbainbridge.com/professorbainbridgecom/
  • May 22

    Delaware Vice Chancellor Travis Laster's Controversial Decision in Aruba

    Delaware Vice Chancellor Travis Laster's Controversial Decision in Aruba
    Delaware Chancellor Travis Laster kicked some serious plaintiff lawyer butt. Part Ihttps://t.co/MinE2eK3i9 pic.twitter.com/hjm0F3sU3Q— Professor Bainbridge (@ProfBainbridge) May 22, 2018 Delaware... [[ This is a content summary only.…
  • May 21

    For students of fiduciary law

    For students of fiduciary law
    New Research Handbook on Fiduciary Law https://t.co/uksslmWI1R. Edited by @BYULawSchool Dean @professor_smith & @DePaulLaw's Andrew S. Gold, with chapters by leading experts that shed new light... [[ This is a content summary only. Visit…
  • May 21

    Manhattan Institute Report on Proxy Advisory Firm

    Manhattan Institute Report on Proxy Advisory Firm
    Download report here. Shareholder voting is dominated by institutional investors. The SEC requires institutional investors to vote on corporate proxy matters but allows them to discharge this duty by... [[ This is a content summary only.…
Rank this Week: 71

Neuroethics & Law Blog

Neuroethics & Law Blog

An interdisciplinary forum for legal and ethical issues related to the brain and cognition. By University of San Diego School of Law Professor Adam Kolber.

http://kolber.typepad.com/ethics_law_blog/
Rank this Week: 68

The Right Coast

The Right Coast

Thoughts from San Diego on law, politics, and culture. By Thomas A. Smith.

http://rightcoast.typepad.com/rightcoast/
  • May 21

    The Zipf Mystery

    The Zipf Mystery
  • May 21

    Did Obama Admin Spy On Trump Using Flimsy Evidence? Let's Find Out

    Did Obama Admin Spy On Trump Using Flimsy Evidence? Let's Find Out
    If the Justice Department and FBI are, as we’ve been told incessantly over the past year, not merely patriots but consummate professionals incapable of being distracted by partisanship or petty Washington intrigues, why are Donald…
  • May 21

    The FBI Informant Who Wasn’t Spying - WSJ

    The FBI Informant Who Wasn’t Spying - WSJ
    Well, what do you know. The Federal Bureau of Investigation really did task an “informant” to insinuate himself with Trump campaign advisers in 2016. Our Kimberley Strasselreported this two weeks ago without disclosing a name. We…
Rank this Week: 69

Civil Procedure & Federal Courts…

Civil Procedure & Federal Courts Blog

By Robin Effron, Cynthia L. Fountaine, Patricia Hatamyar Moore and Adam Steinman.

http://lawprofessors.typepad.com/civpro/
Rank this Week: 76

PropertyProf Blog

PropertyProf Blog

Edited by Stephen Clowney and Tanya D. Marsh.

http://lawprofessors.typepad.com/property/
  • May 19

    Walsh and O'Mahony on Property Law Ideologies in England and Ireland

    Walsh and O'Mahony on Property Law Ideologies in England and Ireland
    Rachael Walsh (Trinity College) and Lorna Fox O'Mahony (Essex) have posted Land Law, Property Ideologies and the British-Irish Relationship (Common Law World Review) online. Here's the abstract: This article examines the role of property…
  • May 18

    NEW BOOK: Insecurity and the Home

    NEW BOOK: Insecurity and the Home
    For your summer reading, check out this edited book by Helen Carr (Kent), Brendan Edgeworth (New South Wales), and Carolina Hunter (York) titled Law and the Precarious Home: Socio Legal Perspectives on the Home in Insecure Times (Hart…
  • May 14

    CFP: Law and Communities Conference @Bar Ilan University Law

    CFP: Law and Communities Conference @Bar Ilan University Law
    We are delighted to announce that, on Sunday 3 and Monday 4 June 2018, the Bar Ilan University law school and the Center for Jewish and Democratic law will be hosting an international conference titled “Communities & the Law”. The...
Rank this Week: 77

Mass Tort Litigation Blog

Mass Tort Litigation Blog

By Professors Byron G. Stier, Howard M. Erichson, Alexandra D. Lahav, Elizabeth Chamblee Burch and Sergio J. Campos.

http://lawprofessors.typepad.com/mass_tort_litigation/
  • Mar 26

    Conference Announcement: Pricing Litigation Risk -- April 27, 2018

    Conference Announcement: Pricing Litigation Risk -- April 27, 2018
    The University of Connecticut School of Law and Insurance Law Center invite you to a conference on “Pricing Litigation Risk in the 21st Century” Friday, April 27, 2018 from 9 to 2 Please join us for a first of its...
  • Mar 6

    Fourth Annual Civil Procedure Workshop - Call for Paper

    Fourth Annual Civil Procedure Workshop - Call for Paper
    The Fourth Annual Civil Procedure Workshop will be held on November 9-10, 2018 at Stanford Law School. Here's the blurb from its tireless organizers: We are excited to announce the fourth annual Civil Procedure Workshop, to be held Stanford…
  • Feb 21

    Fifty Years of Class Actions - A Global Perspective

    Fifty Years of Class Actions - A Global Perspective
    Theoretical Inquiries in Law has just published a symposium volume on FiftyYears of Class Actions - A Global Perspective. It's chock full of interesting ideas and features a keynote from Professor Arthur Miller (NYU). Here's the table of…
Rank this Week: 78

43(B)log

43(B)log

Covers false advertising and intellectual property issues. By Professor Rebecca Tushnet.

http://tushnet.blogspot.com/
  • May 23

    visiting a website without buying through it binds user to arbitration for offline purchase, court find

    visiting a website without buying through it binds user to arbitration for offline purchase, court find
    Himber v. Live Nation Worldwide, Inc., 2018 WL 2304770, No. 16-CV-5001(JS) (E.D.N.Y. May 21, 2018)In this decision, the court compels arbitration because the plaintiff had (1) previously purchased tickets from Live Nation’s website and,…
  • May 23

    Amicus brief in FanDuel right of publicity case

    Amicus brief in FanDuel right of publicity case
    Mark McKenna & I wrote an amicus brief in the FanDuel case, in which the Indiana Supreme Court is being asked to interpret its state's right of publicity law.  We argue that the First Amendment precludes right of publicity laws that…
  • May 23

    It takes an Empire to hold Dr. Seuss back: court revisits TM claim and rejects liability for mashup

    It takes an Empire to hold Dr. Seuss back: court revisits TM claim and rejects liability for mashup
    Dr. Seuss Enterprises, L.P. v. ComicMix LLC, No. 16-CV-2779-JLS, 2018 WL 2306733 (S.D. Cal. May 22, 2018)Twentieth Century Fox Television v. Empire Distribution, Inc., 875 F.3d 1192 (9th Cir. 2017), interprets and applies the test from Rogers…
Rank this Week: 80

Poverty Law Prof Blog

Poverty Law Prof Blog

Covers global poverty, welfare and current affairs. By Professors Ezra Rosser and Lowell Kent Hull.

http://maximinlaw.wordpress.com
Rank this Week: 90

Securities Law Prof Blog

Securities Law Prof Blog

Covers securities arbitration, state securities law, court decisions and law review articles. By Eric C. Chaffee.

http://lawprofessors.typepad.com/securities/
  • Apr 26

    New Securities Law Articles in Print

    New Securities Law Articles in Print
    The following law review article relating to securities regulation is now available in paper format: Shawn Grant, Caution, Curves Ahead: Does the Future Signal Changes for Whistleblowers?, 42 Seton Hall Legis. J. 1 (2017). Joseph D. Heinz,…
  • Apr 19

    Winship on Insider Trading

    Winship on Insider Trading
    Verity Winship has posted Disgorgement in Insider Trading Cases: FY2005-FY2015 on SSRN with the following abstract: For about 50 years – at least since Texas Gulf Sulphur – the SEC has ordered defendants to disgorge their profits from…
  • Apr 19

    New Securities Law Article in Print

    New Securities Law Article in Print
    The following law review article relating to securities regulation is now available in paper format: Jayme Herschkopf, Morality and Securities Fraud, 101 Marq. L. Rev. 453 (2017).
Rank this Week: 91

The Legal Satyricon

The Legal Satyricon

Occasionally irreverent thoughts on the law. By Professor Marc J. Randazza.

http://randazza.wordpress.com
  • Apr 13

    Marc Randazza on the Nazi-salute dog video and hate speech in Europe and the US

    Marc Randazza on the Nazi-salute dog video and hate speech in Europe and the US
    In his recent CNN article, Marc Randazza shared his opinion regarding a Scottish comedian, who made a horrible joke that could now have criminal consequences. A Scottish comedian named Mark Meechan, of Coatbridge, Lanarkshire taught a pug…
  • Mar 12

    Marc Randazza: Gersh v. Anglin Case Update

    Marc Randazza: Gersh v. Anglin Case Update
    Marc Randazza represents Andrew Anglin, the founder of a major neo-Nazi website, in a free speech lawsuit. Anglin has not been served because he is not a citizen of any U.S. state. The Southern Poverty Law Center thinks that Anglin is in…
  • Jan 26

    Randazza’s Client Andrew Anglin and the First Amendment

    Randazza’s Client Andrew Anglin and the First Amendment
    Marc Randazza represents Andrew Anglin, a neo-Nazi who runs the Daily Stormer, in a First Amendment case. It started as a small-town dispute between the plaintiff Tanya Gersh and a few other residents of Whitefish, Montana. Gersh accuses…
Rank this Week: 89

Environmental Law Prof Blog

Environmental Law Prof Blog

Edited by Deepa Badrinarayana, Blake Hudson, Lesley K. McAllister, Dave Owen, Todd Aagaard, Robin Kundis Craig and Jessica Owley.

http://lawprofessors.typepad.com/environmental_law/
  • Feb 13

    The Ninth Circuit, the Clean Water Act, and Septic Tank

    The Ninth Circuit, the Clean Water Act, and Septic Tank
    Last week, the Ninth Circuit decided Hawai’i Wildlife Fund v. County of Maui, a case involving Maui County’s practice of pumping wastewater into wells, from which the wastewater flowed through a subsurface aquifer and into the Pacific…
  • Jan 22

    Implications of the Supreme Court's Clean Water Rule/WOTUS Ruling

    Implications of the Supreme Court's Clean Water Rule/WOTUS Ruling
    Today, the United States Supreme Court decided National Association of Manufacturers v. Department of Defense, a case determining whether challenges to the “Clean Water Rule” or “Waters of the United States Rule” should be heard in…
  • Dec 5

    Grand Staircase-Escalante and Bears Ears National Monuments Litigation

    Grand Staircase-Escalante and Bears Ears National Monuments Litigation
    The map of central and southern Utah has changed dramatically in the last 24 hours. Yesterday, roughly half of the Grand Staircase-Escalante National Monument and over 90% of the Bears Ears National Monument were eliminated, returning those…
Rank this Week: 83

Point of Law Forum

Point of Law Forum

Provides information and opinion on the U.S. litigation system. By the Manhattan Institute and AEI Liability Project. Contributors include Professors Michael Krauss, David Bernstein, Lester Brickman, Michael DeBow, Richard Epstein, Daniel P. Kessler and Stephen Presser.

http://www.pointoflaw.com/
  • Nov 27

    Chairman Schapiro's Troubled Tenure at the SEC

    Chairman Schapiro's Troubled Tenure at the SEC
    Chairman Schapiro announced yesterday that she will be stepping down as head of the Securities and Exchange Commission (SEC) in several weeks. Accompanying her announcement, was a nine-page list of her accomplishments during her nearly…
  • Nov 26

    The Philadelphia Story

    The Philadelphia Story
    The success of trial lawyers in Philadelphia has come at the expense of the Pennsylvania economy. Our own Jim Copland explains in an op-ed and at great detail in Trial Lawyers Inc. - Philadelphia....
  • Nov 25

    Senator-elect Warren's Quandary

    Senator-elect Warren's Quandary
    There has been a lot of speculation about whether Senator-elect Elizabeth Warren will get a seat on the Senate Banking Committee, a perfect forum to go after the financial industry. If Ms. Warren does get the coveted spot, she may...
Rank this Week: 88

Constitutional Law Prof Blog

Constitutional Law Prof Blog

By Steven D. Schwinn and Ruthann Robson.

http://lawprofessors.typepad.com/conlaw/
  • May 23

    Federal Judge Finds First Amendment Violation in Presidential Blocking on Twitter

    Federal Judge Finds First Amendment Violation in Presidential Blocking on Twitter
    Professor Ruthann Robson, City University of New York (CUNY) School of Law In her Opinion in Knight First Amendment Institute v. Trump, United States District Judge for the Southern District of New York, Naomi Reice Buchwald, found that the…
  • May 23

    Check it Out: Epps on Indicting the President

    Check it Out: Epps on Indicting the President
    Check out Garrett Epps's piece at The Atlantic on whether the President can be indicted. Epps surveys the legal opinions on this, and asks several scholars, only to conclude that "[w]e just don't know, and we won't know, whether it's...
  • May 17

    Zervos v. Trump Stay Denied

    Zervos v. Trump Stay Denied
    Professor Ruthann Robson, City University of New York (CUNY) School of Law In a terse ruling in Zervos v. Trump, the appellate division in New York cleared the stage for the defamation lawsuit against the president to move forward. Recall...
Rank this Week: 103

International Law Prof Blog

International Law Prof Blog

By Professor Mark E. Wojcik and Cindy Galway Buys.

http://lawprofessors.typepad.com/international_law/
  • May 14

    ABA Reports 1.3 Million Licensed, Active Attorneys in the United State

    ABA Reports 1.3 Million Licensed, Active Attorneys in the United State
    Newly released survey data from the American Bar Association on the nationwide population of lawyers indicates a total of 1,338,678 licensed, active attorneys in the United States. The total represents a 0.2 percent increase since last year…
  • May 8

    ASIL-Midwest Works-in-Progress Conference

    ASIL-Midwest Works-in-Progress Conference
    ASIL-Midwest, an interest group of the American Society of International Law (ASIL), will co-sponsor its fifth annual scholarly works-in-progress conference this year at the Southern Illinois University (SIU) College of Law in Carbondale,…
  • May 8

    ASIL-Midwest Works-in-Progress Conference: Final Reminder of Deadline to Submit Calls for Presentations or to be a Commentator

    ASIL-Midwest Works-in-Progress Conference: Final Reminder of Deadline to Submit Calls for Presentations or to be a Commentator
    ASIL-Midwest Works-in-Progress Conference Carbondale, Illinois, September 7-8, 2018 Call for Submissions by July 15, 2018 ASIL-Midwest, an interest group of the American Society of International Law (ASIL), will co-sponsor its fifth annual…
Rank this Week: 93

Nonprofit Law Prof Blog

Nonprofit Law Prof Blog

Covers federal and state laws and cases affecting non-profits. Edited by David A. Brennen, Darryll K. Jones, Johnny Rex Buckles, John D. Colombo, Susan N. Gary, Vaughn E. James, Thomas A. Kelley III, Lloyd H. Mayer, Nancy A. McLaughlin, Nicholas A. Mirkay, Karla W. Simon, Sophie E. Smyth, Alice M. Thomas, Elaine Waterhouse Wilson, and Miranda Perry Fleischer.

http://lawprofessors.typepad.com/nonprofit/
  • May 10

    Historical abuses of incorporation and solicitation regulation

    Historical abuses of incorporation and solicitation regulation
    Continuing the prior post about Congressional warfare against a gay rights organization, today I highlight some of the other examples in which governments in the United States have abused laws providing for incorporation of nonprofits or…
  • May 10

    New Slate Series on the Largest Nonprofit

    New Slate Series on the Largest Nonprofit
    Slate has started a new series -- Slate 90 -- that "examines the multibillion-dollar nonprofit sector" by scrutinizing the behavior of the largest nonprofits. As the introductory article explains: The Slate 90 represents the top 10…
  • May 9

    Nonprofit Law Flashback: US House Votes to Outlaw Gay Rights Organization

    Nonprofit Law Flashback: US House Votes to Outlaw Gay Rights Organization
    Yesterday I wrote about the discretion New Zealand gives to administrators to assess the benefit of policy views, and I mentioned that this is not usually the approach we follow in the United States. But this has not always been...
Rank this Week: 106