"Disease Surveillance and the Fourth Amendment"

The Federal Government's "Police Power" and the Takings Clause: Part IV

One Man's Battle With the IRS Over Bitcoin Privacy

Donald Trump's Experiment in Radical Press Transparency Is Ugly and Praiseworthy

Is the Crackdown on Pain Pills Finally Working?

A Kentucky Mayor Blocked 2 Non-Profits From Renting Hotel Rooms for Homeless People Who Have Nowhere To Shelter in Place

Polls Show Americans Are Souring on Trump's Response to COVID-19

3 Ways New York Botched the Coronavirus Response in March

Florida City Closes Barbershops Because of Coronavirus, but the Cops Are Still Getting Haircuts

Why was the Supreme Court's decision in RNC v. DNC unsigned?

How to Hold Elections During a Pandemic

Law School Honor Code Violation Is a Basis for Denying Bar Admission

Today in Supreme Court History: April 9, 1923

Brickbat: Don't Taste the Rainbow

Will Coronavirus Fears Lead to an Assault on Gun Rights?

No, 5G Is Not Spreading Coronavirus. That Doesn't Even Make Sense.

Texas Teen Booked on Terror Charge for COVID-19 Snapchat Video

U.K. Media Lobby Wants Government To Force Advertisers to Support Coronavirus Coverage

Preliminary German Study Shows a COVID-19 Infection Fatality Rate of About 0.4 Percent

4 Reasons Small Businesses Are Struggling With the Paycheck Protection Program

The Philadelphia District Attorney's Office Says It Wrongly Convicted Walter Ogrod. Will It Set Him Free Before He Dies of COVID-19?

Bernie Sanders Suspends His Presidential Campaign

The Federal Government's "Police Power" and the Takings Clause: Part III

Flawed Economic Policies Will Exacerbate the Pandemic

When Businesses Die, Bringing Back Their Services Won't Always Be Possible

Today in Supreme Court History: April 8, 1952

COVID-19 Patients and Their Families Are Being Put on Police-Enforced Lockdown

Rick Doblin: 'People Should Have the Fundamental Human Right To Change Their Consciousness'

Brickbat: Soak the Rich

Will Civil Rights in Latin America Be a Permanent Casualty of Coronavirus?

Zoom Is Keeping Pandemic-Stricken America Connected. Cue Congress's Tech Panic.

"Have a Taste of Wuhan! Let These Mouth-Watering Specialties in Wuhan Satisfy Your Stomach"

Make Pandemic-Related Occupational License Reform Permanent

Did the $50 Billion Coronavirus Bailouts Effectively Nationalize America's Commercial Airlines?

The CFTC Velociraptor Has Escaped the Fence That Dodd–Frank Built to Contain It

How to Teach Your Kids During the Coronavirus Pandemic: Try 'Unschooling'

Fifth Circuit Reinstates Texas Ban That Banned "Non-Essential" Medical Procedures, Including Most Abortions

Mass Antibody Testing in This Rural Colorado County Sheds Light on COVID-19's Prevalence and Lethality

Is Passover the Most Libertarian Holiday?

Charlotte Figi, Who Showed Americans the Value of Medical Marijuana, Dies of COVID-19 at Age 13

At-Home Coronavirus Testing Kits Might Be the Key to Ending Our House Arrest

Unable To Handle Criticism of Coronavirus Stimulus Waste, Trump Fires Another Watchdog

Pennsylvania Has Made It Both Difficult and Dangerous to Buy Liquor

Ohio Governor Says State Will Seek Release of Some Inmates in Response to Coronavirus

The Federal Government's "Police Power" and the Takings Clause: Part II

The Semifinal Round of the OT 2019 Harlan Institute-ConSource Virtual Supreme Court Competition

Brickbat: This Night Saved Our Country

Jacobson v. Massachusetts (1905) and Lochner v. New York (1905) in April 2020

How the CDC and the FDA Wrecked the Economy

Hardball Litigation Among Neighbors, or Obstruction of Justice?

Trump Wants $2 Trillion, Pelosi Wants $1 Trillion, for Next Coronavirus Spending Bill

Lincoln Chafee Quits Race for Libertarian Party Presidential Nomination

"Smart Quarantine" and Rights of Family Unity

India's Modi Imports American Discrimination 

Four Law Professors Walk Into a Zoom Bar: Law and the Epidemic

Grocery Store Workers and Covid-19

Joe Biden Sexual Assault Allegation Made Alyssa Milano Backtrack on 'Believing All Women'

The Coronavirus Stimulus Is Full of Wasteful Spending

Tentative Reflection on Online Teaching

Trump Was Warned in January and February That Covid-19 Could Kill Millions, Cost Trillions

Commonsense Suspicion: Thoughts on Kansas v. Glover

The Supreme Court has handed down Kansas v. Glover , a Fourth Amendment case I have blogged about a few times on whether the police had reasonable...

Today in Supreme Court History: April 7, 1969

Remy: Savage (Megan Thee Stallion Coronavirus Bailout Parody)

FCC Rejects Petition to Censor Broadcasts of President Trump's Coronavirus Press Conferences (and Other Speech)

Zoombombing and the Law

California Judges Set Bail at $0 for Misdemeanors, Low-Level Felonies Amid Coronavirus Pandemic

Doctors, Not Politicians, Ought To Decide Whether Off-Label Drug Use of Hydroxychloroquine Is Appropriate for COVID-19 Patients

Making Sense of the Wisconsin Election Supreme Court Decision(s)

Sixth Circuit Declines to Reinstate Ohio Limit on "Non-Essential" Abortions

Ohio has banned "non-essential" surgeries and medical procedures, in order to preserve medial "personal protective equipment" (of which there is a...

The Federal Government's "Police Power" and the Takings Clause: Part I

Last week, Judge Starr (NDTX) ruled that the federal government lacks a general "police power" to "take" bump stocks without providing "just...

Why the Government Is No Good at Fighting Coronavirus

From Drafting Doctors to Stealing Equipment, Politicians Violate the Limits of a Free Society

Courts Have Jurisdiction Over Torts Physically Committed in the State, Even Long Ago

That's what Judge Christina Reiss (D. Vt.) held today in Giroux v. Foley , a case I wrote about in November. An excerpt from today's decision:...

Sotomayor Upbraids SCOTUS for a Decision That 'Destroys Fourth Amendment Jurisprudence That Requires Individualized Suspicion'

New York's New Budget: No Legal Weed, No Fracking, No Flavored Vapes, No Police Transparency. But You Get E-scooters!

Why You Shouldn't Trust Anyone Who Claims 80 Percent of America's Drugs Come From China

White House Recommends Against Grocery and Pharmacy Trips While Trump Says Go Ahead and Try Hydroxychloroquine

House Coronavirus Committee Will Investigate 'Price Gouging,' Not Government's Failed Pandemic Response

The Coronavirus Is Scary Enough. Governments Shouldn't Make It Scarier by Withholding Information.

The CDC's Revised Face Mask Advice Is Based on Information That Was Available Months Ago

How Coronavirus Is Kickstarting the 21st Century

We were once told that nothing could replace sitting down with a teacher, the camaraderie of an office, a face-to-face business deal, or seeing a...

A Progressive Media Group Demanded Censorship of Trump's Coronavirus Press Briefings. The FCC Said No.

Candidate for Wisconsin S. Ct. (Judge Jill Karofsky) Seeks Preliminary Injunction Against Allegedly Libelous Campaign Ads

I just watched the live-stream of the argument (which seems to have been done entirely through Zoom videoconference), and the judge I think the...

Today in Supreme Court History: April 6, 1938

Is Twitter using the health emergency to settle political scores?

Nate Jones and I dig deep into Twitter's decision to delete Rudy Giuliani's tweet (quoting Charlie Kirk of Turning Point) to the effect that...

What Have We Learned About Ourselves During the Coranavirus Quarantine?

Houston Federalist Society Chapter Meets on Zoom: Public Health Restrictions in the Time of Pandemics

Today, the Houston Federalist Society Chapter held is inaugural Zoom meeting. Judge Dan Hinde discussed how Texas law handles quarantine issues....

San Francisco Was the First Major City To Ban Plastic Bags. Now It's Banning Reusable Bags To Combat Coronavirus.

U.S. Fever Trends Suggest COVID-19 Rates Could Soon Decline

America First

We are now three months in.  The CDC is recommending "wearing cloth face coverings in public settings where other social distancing measures are...

Juvenile Court Files May Be Sealed, But Juvenile Case Can Still Be Talked About

From Doe v. Community Newspaper Holding, Inc., 2020 WL 1566986, a Mississippi trial court case decided last month by Judge Charles W. Wright:...

Is the American Dream Dead?

Brickbat: Made in China

District Court OK's Closing Gun Shops as "Non-Essential"

Today's decision in  Brandy v. Villanueva held that L.A. County and the City of L.A. were entitled to include gun shops as "non-essential"...

How Doctors Broke Health Care

Today in Supreme Court History: April 5, 1982

Bleg for Vermont Local Counsel

Would any lawyers admitted in Vermont be interested in serving as local counsel for an amicus brief to be filed Friday in the Vermont Supreme...

Liberty of Movement and Assembly

Some recent comments have faulted people (like me) for not being "principled libertarians" because we support various restrictions in a time of...