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The Federalist Society’s impact on the law

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Washington Post Magazine: “The conservative and libertarian society for law and public policy studies has reached an unprecedented peak of power and influence. Brett Kavanaugh, whose membership in the society dates to his Yale Law School days, has just been elevated to the Supreme Court; he is the second of President Trump’s appointees, following Neil… Continue Reading

SCOTUS for law students: President George H.W. Bush’s Supreme Court legacy

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SCOTUS blog: “Shortly before his death in 1826, President John Adams was quoted as saying, “My gift of John Marshall to the people of the United States was the proudest act of my life.” Adams was one of the earliest exponents of the view that nominations to the Supreme Court form a very important part… Continue Reading

Opinion – Yes, Bill Barr’s Memo Really is Wrong About Obstruction of Justice

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Lawfare, By Daniel J. Hemel, Eric A. Posner: “In a New York Times op-ed last Friday, we wrote that William Barr, who served as attorney general under President George H.W. Bush and has been nominated by President Trump for that post again, had seriously damaged his credibility by sending an unsolicited and poorly reasoned memo… Continue Reading

Facebook’s New ‘Supreme Court’ Could Revolutionize Online Speech

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Lawfare Blog: Facebook’s New ‘Supreme Court’ Could Revolutionize Online Speech – “The Supreme Court of Facebook is about to become a reality. When Facebook CEO Mark Zuckerberg first mentioned the idea of an independent oversight body to determine the boundaries of acceptable speech on the platform—”almost like a Supreme Court,” he said—in an April 2018 interview… Continue Reading

Cellphones, Law Enforcement, and the Right to Privacy

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Brennan Center for Social Justice: How the Government Is Collecting and Using Your Location Data “Cell phones are ubiquitous. As of 2017, there were more cell phones than people in the United States. Nearly 70 percent of those were smartphones, with 94 percent of millennials carrying a smart device. Cell phones go nearly everywhere, and… Continue Reading

Female Prisoners Could Benefit From Criminal Justice Measure

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NPR: “David Greene talks to Topeka K. Sam, who spent more than 3 years in prison and is a leading voice on overhauling the criminal justice system. She played a pivotal role in a landmark Senate bill. DAVID GREENE, HOST: A bipartisan criminal justice bill is close to becoming law. The Senate passed the measure… Continue Reading

A Complete Guide to All 17 (Known) Trump and Russia Investigations

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Wired: “…After three weeks of back-to-back-to-back-to-back bombshells by federal prosecutors and special counsel Robert Mueller, it’s increasingly clear that as 2018 winds down, Donald Trump faces a legal assault unlike anything previously seen by any president—a total of at least 17 distinct court cases stemming from at least seven different sets of prosecutors and investigators.… Continue Reading

U.S. Courts Are Figuring Out if the Government Can Block You On Facebook

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NextGov: “In the last two years, there’s been a cascade of lawsuits in the U.S. against public officials who have blocked people on social media and deleted critical comments. The list starts with the highest one in the country, president Donald Trump, and goes all the way down to a county board chair. As officials use social platforms… Continue Reading

Federal Prosecution Levels Remain at Historic Highs

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Transactional Records Access Clearinghouse: “The latest available data from the Justice Department show that during October 2018 the government reported 18,135 new prosecutions, an increase of 6.7 percent over the previous month, and 57.3 percent over this period last year. The increase in federal criminal prosecutions is largely driven by a rise in immigration-related prosecutions… Continue Reading