State Supreme Courts continue to divide about how to handle the bar exam. Some states still plan to hold in-person exams. Other states plan to hold a remote, online exam. And some states plan to give an emergency “diploma privilege.” Applicants who had already registered for the July 2020 bar exam would be admitted to … Continue reading The Elephant in the Room for the Diploma Privilege Debate Continue Reading
The case is Pimentel v. City of Los Angeles, in an opinion written by Judge Kenneth Lee and joined by Judge Paul Watford: To determine whether a fine is grossly disproportional to the underlying offense [and thus unconstitutionally excessive], four factors are considered: (1) the nature and extent of the underlying offense; (2) whether the underlying … Continue reading $63 Parking Fine Doesn’t Violate Excessive Fines Clause Continue Reading
Back in February, the Department for Homeland Security (DHS) suspended New Yorkers’ ability to enroll or re-enroll in the federal government’s Trusted Traveler Programs (TTPs), which included Global Entry, Nexus, and others. Trump-appointed Acting Secretary of Homeland Security Chad Wolf claimed that the reason was that New York’s sanctuary and Green Light Law prevented state DMVs from … Continue reading Trusted Traveler Program Access Restored for New Yorkers Continue Reading
Yesterday, the Ninth Circuit decided People Not Politicians Oregon v. Clarno. The opinion gave Oregon organizers more time to collect signatures for a ballot initiative. Rick Hasen flagged a footnote from Judge Callahan’s dissent. She wrote: I again dissent from the Court’s denial of a motion to stay a preliminary injunction altering state election laws on the eve … Continue reading Judge Callahan (CA9) Corrects Press Report That Failed To Note Her Dissent Continue Reading
Last month, Randy Barnett and I wrote an essay for National Review titled Justice Gorsuch’s Halfway Textualism Surprises and Disappoints in the Title VII Cases. I have now expanded on that theme in The Atlantic. My proposed title was Justice Gorsuch’s Half-Way Textualism Cuts the Civil Rights Act and Oklahoma in Half. The editors selected an even better title: “Justice Gorsuch’s … Continue reading New in the Atlantic: Justice Gorsuch’s Half-Way Textualism Cuts the Civil Rights Act and Oklahoma in Half Continue Reading
[This is a serialization, with slight updates, of my 2012 article on the subject; for the Introduction (which also discusses my ambivalence about such laws), see this post.] Before I get into the specifics of the various state and local statutes, let me flag some questions that different legislatures have answered differently (and, in some instances, that … Continue reading Laws Protecting Private Employees’ Speech and Political Activity Against Employer Retaliation: Cross-Cutting Questions Continue Reading
From a Foundation for Individual Rights in Education post last week: On June 3, rising senior Austin Tong posted to his Instagram account a photo of David Dorn, a retired St. Louis police captain killed by looters in the unrest following the killing of George Floyd. The photo included the caption, “Y’all a bunch of hypocrites,” a reference to … Continue reading Fordham University Disciplines Student (Austin Tong) for Political Instagram Posts Continue Reading
The Bluebook is the primary authority for legal citation. Produced by the editors of the law reviews at several top tier schools, the Bluebook is followed assiduously by most law reviews. But just because most law reviews follow it, does not mean the Bluebook is always right. According to the Bluebook, footnotes should generally not list more … Continue reading Law Review Editors: List Their Names (in Citations) Continue Reading
From American Patriot Express v. City of Glens Falls, decided Wednesday by Judge Lawrence E. Kahn (N.D.N.Y.): Glens Falls City Code § 87 … regulates “demonstrations,” defined as “pre-planned gathering[s] of 25 or more persons … convene[d] for the purpose of a public exhibition including a procession, parade, protest, picket, march or rally” on “public” property, … Continue reading Court Strikes Down Up-to-28-Day Review Period for Demonstration Permit Applications Continue Reading
Jonathan Adler has written in favor of citing all authors’ names in law review articles, joining a nascent movement. Let me suggest a radical alternative: cite no names, at least when there are three or more. In many contexts, we speak about works without necessarily citing the author. We might speak of a recent movie, for example, without … Continue reading List No Names Continue Reading