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"This Fourth of July holiday is one of the most humbling in our history."

"Even at the height of world wars or the Great Depression, America inspired. But, today, the United States is destroying the moral authority it once had. There will still be fireworks. And the Statue of Liberty still towers over New York Harbor. But it is harder today to convince others that Americans embrace—or practice—the ideals that Lady Liberty represents."Says Robin Wright in "To the World, We’re Now America the Racist and Pitiful" (The New Yorker).I'm surprised to encounter reverence for ...
Tags: Law, America, History, United States, Slavery, Robin Wright, Wright, WaPo, New York Harbor, Frederick Douglass, Douglass, Festivities, Race Consciousness, Ann Althouse, Jonathan Lande


"There are no rules about how to deal with the hair of people in prisons – it’s very difficult to supervise or place restrictions from above on how to deal with hair that has been forcibly removed."

"As a result, this has also created an environment in which [officials] are not going to turn down the economic benefits of hair that has been shaved off of people in government camps," said Chinese human rights lawyer and activist Teng Biao, quoted in "U.S. Border Control Seizes 13 Tons Of Hair Weaves Suspected To Be From Chinese Internment Camps" (Refinery29).But the Chinese Ministry of Affairs denies the use of any forced labor or detention of ethnic minority groups. “We hope that certain peo...
Tags: Prison, Law, China, United States, Commerce, Hair, Ann Althouse, Teng Biao, U S Border Control Seizes, Chinese Ministry of Affairs


Symposium: A takedown of the Blaine Amendments

James Hirsen is an attorney, author, commentator and former professor at Trinity Law School. He filed an amicus brief on behalf of the Justice and Freedom Fund, Institute for Faith and Family and North Carolina School Choice in support of the petitioners in Espinoza v. Montana Department of Revenue. The Supreme Court’s decision in Espinoza v. Montana Department of Revenue will shape how the First Amendment’s religion clauses apply to state and local restrictions on how public money is spent. In ...
Tags: Featured, Justice, Supreme Court, Law, Montana, United States, Missouri, House, Catholic, State, John Roberts, Roberts, Alito, Blaine, Montana Department of Revenue, Elena Kagan


Justices grant new cases, send Indiana abortion cases back for a new look

This morning the Supreme Court issued orders from the justices’ private conference yesterday. The justices granted five new cases, for a total of four additional hours of argument. The biggest news from the order list was the announcement (which I covered in a separate post) that the court will weigh in on whether the Department of Justice must disclose secret materials from Special Counsel Robert Mueller’s investigation to the House Judiciary Committee. The remaining new cases, which are likely...
Tags: Texas, Featured, Supreme Court, Law, Congress, California, Planned Parenthood, Kentucky, Germany, Nazis, Berlin, City, Indiana, Hungary, United States, Mali


When Biden introduced a bill to make it a crime to burn the American flag.

It was back in 1989, right after the Supreme Court had held that it violated the First Amendment to make it a crime to burn the flag to express a political opinion. Look at the gravity and sincerity (or did I see a smirk?). [WaPo's code to embed the clip did not work, and I haven't found a substitute.]"Symbols are important... We have a symbol, unlike the court’s inability to recognize it, a symbol that is needed to unite this nation, this diverse nation, a symbol is the flag."And if that statut...
Tags: Protest, Supreme Court, Law, Republicans, Congress, Washington, Senate, America, Joe Biden, United States, Biden, Donald Trump, Free Speech, Flags, Trump, Patriotism


Thursday round-up

Court-watchers are focusing on Espinoza v. Montana Department of Revenue, in which the court held on Tuesday that Montana’s exclusion of religious schools from a state-funded scholarship program for private schools violates the First Amendment. At Reason’s Volokh Conspiracy blog, Ilya Somin finds it “unfortunate” that the decision was “a close 5-4 ruling, split along ideological lines with the five conservative justices in the majority, and the four liberals all dissenting,” because “[s]triking ...
Tags: Texas, Supreme Court, Law, California, Planned Parenthood, Washington Post, Montana, United States, ACS, Louisiana, Jackson, ACA, Economist, Round-up, Lech, National Review


A primer for new, local police-reform advocates in Texas

“Never doubt that a small group of thoughtful,  committed, citizens can change the world.  Indeed, it is the only thing that ever has.”  - Margaret Mead On the Reasonably Suspicious podcast this week, the Austin Justice Coalition's Chas Moore and I talked about the recent wave of Black Lives Matter protests across Texas, including in small towns and parts of the state without a significant history of civil-rights activism. In particular, we discussed how local reformers in smaller jurisd...
Tags: Texas, Minnesota, Supreme Court, Law, America, United States, San Antonio, Don, Marshall Project, Texas Legislature, Margaret Mead, Rushin, Gritsforbreakfast, Stephen Rushin, Public Information Office, Susan Chira


Symposium: How to count to one

John Knepper is a private attorney based in Cheyenne, Wyoming. He previously was chief deputy attorney general of Wyoming. He filed an amicus brief on behalf of the Susan B. Anthony List in support of the respondent in June Medical Services v. Russo. Marks v. United States instructs that when a majority of the justices cannot agree on more than the outcome, “the holding of the Court may be viewed as that position taken by those Members who concurred in the judgments on the narrowest grounds.” Mu...
Tags: Health, Texas, Featured, Supreme Court, Law, Planned Parenthood, United States, Wyoming, Louisiana, Kafka, John Roberts, U S Court of Appeals, Casey, Stephen Breyer, Ramos, Clarence Thomas


Want to Learn More About Section 230? A Guide to My Work

I’ve written a lot on Section 230 over the years. I thought it might be helpful to provide a narrated and highly selective bibliography: The Basics An Overview of the United States’ Section 230 Internet Immunity. This is the one-stop and relatively short primer you’ve been looking for. If you want to save even more time, skip the International comparisons. Why Section 230 Is Better Than the First Amendment. This relatively short essay explains the interaction between Section 230 and the First ...
Tags: Google, Law, Congress, United States, Usc, Mathew Ingram, Content Regulation, Derivative Liability, Value of Consumer Review Websites, FOSTA, Ken Zeran


From Discrimination to Systemic Racism: Understanding Societal Construction

INTRODUCTION Recently RCMP Commissioner Brenda Lucki admitted she really didn’t understand the term “systemic racism” and later showed she was correct when she provided an old and obvious example of indirect discrimination as an example of systemic racism. Here I explore the evolution from discrimination to systemic discrimination to systemic racism and why they are different, although related. There’s a lot of talk now about systemic or structural racism: how widespread it is and why it needs t...
Tags: Europe, England, Supreme Court, Law, Minneapolis, Canada, United States, Commission, Quebec, Edward, Black, Cornell University, Alley, Ontario, McIntyre, RCMP


"Rural Spaces, Communities of Color, and the 'Progressive' Prosecutor"

The title of this post is the title of this new paper authored by Maybell Romero available via SSRN.  Here is its abstract: The concept of the “progressive prosecutor” has captured the attention of many newspapers, media outlets, district attorney candidates, legal scholars, and the public at large.  The success of candidates declaring themselves progressive prosecutors has been tracked with much excitement by those who have sincere interests in criminal justice reform and has been lauded in ma...
Tags: Law, Boston, Chicago, United States, Philadelphia, St Louis, Kim Foxx, Douglas A Berman, Larry Krasner, Wesley Bell, Rachael Rollins, Maybell Romero


Relists Return

John Elwood reviews Monday’s relists. After a couple of weeks with no new relists, the Supreme Court is back this week with a vengeance. The court has scheduled an impromptu conference for Wednesday, July 1. In most years, an impromptu conference scheduled for the last week of June would be the mop-up conference for the entire term in which all outstanding business for the term is resolved. But the court still has enough outstanding opinions in argued cases that things may continue for a while y...
Tags: Florida, Texas, Featured, Supreme Court, Law, Congress, Colorado, Kentucky, Germany, Virginia, Hungary, United States, Williams, Tennessee, Sharp, Atkins


"I would love to know how to be more American, but I can't find any books or courses on the subject."

A question for the WaPo advice columnist:My family and I came to America from the Soviet Union when I was a teenager. We became citizens. I got educated here and own a successful business. I write well and speak correctly, with almost no accent. I feel like I am an American.I love America and try to learn new things every day, but I feel like something is missing in me.Since I was born and spent my formative years in a communist country (truly like another planet, compared to the USA), my "autop...
Tags: Usa, Law, Russia, Immigration, America, United States, Dolly Parton, St Petersburg, Vladimir Lenin, Accents, Amy, Soviet Union, Leningrad, Queens New York, Amy Dickinson, Gary Shteyngart


Symposium: June Medical decision is no cause for congressional complacency

Richard Blumenthal is the senior United States senator from Connecticut. He joined an amicus brief on behalf of 197 members of Congress in support of the petitioners in June Medical Services v. Russo. He is the Senate lead sponsor of the Women’s Health Protection Act. Today’s Supreme Court decision in June Medical Services v. Russo is a landmark legal victory against radical politicians relentlessly attacking reproductive rights cross the country. Roe v. Wade is safe—for now. This ruling is an i...
Tags: Texas, Featured, Supreme Court, Law, Congress, Senate, United States, Connecticut, Louisiana, Donald Trump, Richard Blumenthal, John Roberts, Baton Rouge, U S Court of Appeals, Stephen Breyer, Breyer


Opinion analysis: Court strikes down restrictions on removal of CFPB director but leaves bureau in place

In response to the 2008 financial crisis, Congress created the Consumer Financial Protection Bureau, a federal agency with approximately 1,500 employees that tackles everything from payday loans to financial literacy programs and helping consumers navigate the COVID-19 pandemic. The director of the CFPB, Kathy Kraninger, was appointed by President Donald Trump and confirmed by the Senate in December 2018 to serve a five-year term. Under the law that created the CFPB, Kraninger can be removed fro...
Tags: Featured, Supreme Court, Law, Congress, California, Senate, United States, Social Security Administration, Donald Trump, Paul Clement, Federal Trade Commission, Securities And Exchange Commission, Thomas, Sonia Sotomayor, John Roberts, 9th Circuit


Opinion analysis: Justices uphold condition for HIV/AIDS funding

Seven years ago, the Supreme Court ruled that nongovernmental organizations based in the United States cannot be required to have a policy that expressly opposes prostitution and sex trafficking in order to receive government funds to fight HIV/AIDS. However, by a vote of 5-3, the court held today in U.S. Agency for International Development v. Alliance for Open Society International that enforcement of a similar requirement against the foreign affiliates of the same U.S.-based NGOs does not vio...
Tags: Featured, Supreme Court, Law, Congress, Cnn, United States, Thomas, Sonia Sotomayor, U S Agency for International Development, Howe, U S Court of Appeals, Stephen Breyer, Breyer, Elena Kagan, Clarence Thomas, Kavanaugh


Vestigial Use

by Shubha Ghosh, Crandall Melvin Professor of Law and Director, Syracuse Intellectual Property Law Institute As companies voluntarily retire their offensive trademarks, two questions tug at whatever passes for a conscience nowadays.  First, can these undesirable marks come back, revived by whomever sees a market niche for these symbols? This may seem like a ridiculous possibility, but on June 21, 2020, an Intent to Use Application was filed  on the word mark “Aunt Jemima” by Retrobrands, a Flori...
Tags: Supreme Court, Law, Court, Budapest, United States, Siberia, Patent, Tam, Tom, Florida LLC, Benjamins, Quaker Oats, Memento Park, Gerhardt, Shubha Ghosh Crandall Melvin Professor of Law, Syracuse Intellectual Property Law Institute


"The Limits of Fairer Fines: Lessons from Germany"

The title of this post is the title of this new report from the The Criminal Justice Policy Program at Harvard Law School.  Here is a small part of the start and end of the long "Executive Summary" from the 156-page report: Over the last few decades, advocates in the United States have exposed the injustices of high fines and fees that courts charge people sentenced to criminal and civil violations. Courts impose fines as punishment for offenses — often in addition to other punishment such as p...
Tags: Europe, Law, Germany, United States, Latin America, Douglas A Berman, Criminal Justice Policy Program, Harvard Law School Here


Monday round-up

Amy Howe reports for this blog that on Friday the court denied a request that it revive a lower court ruling allowing any Texas voter to vote by absentee ballot without an excuse for the 2020 election cycle; her post originally appeared at Howe on the Court. For , Adam Liptak reports that “[t]he Texas Democratic Party and several voters had urged the court to reinstate a federal trial judge’s injunction requiring state officials to allow all voters, and not just those who are 65 or older, to su...
Tags: Texas, Supreme Court, Law, Bloomberg, Harvard, Atlantic, United States, SEC, Fox News, Usa Today, Department Of Homeland Security, Securities And Exchange Commission, Trump, Round-up, Chapel Hill, University Of North Carolina


Monday’s Mix

Each Monday we present brief excerpts of recent posts from five of Canada’s award­-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible. This week the randomly selected blogs are 1 .Family LLB 2. ABlawg.ca 3. RT Blog 4. Canadian Securities Law 5. BC Injury Law Blog Family LLB What is the Cheapest Way to Get a Divorce? Let’s be clear, a “divorce” is simply the ...
Tags: Law, Taiwan, Canada, United States, ICBC, Littlejohn, Financial Supervisory Commission, Monday’s Mix, Ontario Securities Commission, Securities Law, Chauvin, Clavelle, George Floyd, ABlawg ca Supreme Court of Canada, Dana Campbell, Clarence B Warren


"Thirty-five percent of presumptive Democratic presidential nominee Joe Biden’s campaign operation are people of color and just over half are women..."

"... according to figures released Saturday under public prodding, after months in which his campaign declined to make that information public. At least 60 percent of the staff is white, a number in line with the percentage of the United States population identifying as such, according to 2019 data from the U.S. Census Bureau. Five percent of the staff opted not to specify a race. When it comes to senior officials — which the campaign said includes nonstaff  'senior consultants who spend the maj...
Tags: Law, Joe Biden, United States, Lincoln, Biden, Democratic Party, WaPo, Ann Althouse, Diversity Politics, Never Enough, Aimee Allison, U S Census Bureau Five


"The Princeton University Board of Trustees voted on Friday to remove Woodrow Wilson’s name from the university’s School of Public and International Affairs."

"It acted because Wilson’s racist opinions and policies make him an inappropriate namesake for a school whose scholars, students and alumni must stand firmly against racism and for equality and justice.... Wilson... discouraged black applicants from applying to Princeton. While president of the United States, Wilson segregated the previously integrated federal civil service.... Wilson helped to create the university that I love. I do not pretend to know how to evaluate his life or his staggering...
Tags: Law, United States, Princeton, Wilson, Racists, WaPo, Woodrow Wilson, Race And Education, Ann Althouse, School of Public and International Affairs, Princeton University Board of Trustees, Christopher Eisgruber, School of Public and International Affairs From


"Sentencing Disparities and the Dangerous Perpetuation of Racial Bias"

The title of this post is the title of this new paper authored by Jelani Jefferson Exum now available via SSRN.  Here is its abstract: This Article addresses the role that racial disparities — specifically sentencing disparities — play in perpetuating the racial bias that increases the daily danger of living as a Black American in the United States.  As documented in the news and by often humorous internet memes, White people have called the police many times to report Black people who were sim...
Tags: Law, United States, Douglas A Berman, Jelani Jefferson Exum


"Here is a newsflash for CNN — I have a name and it's Tim Scott... News outlets like CNN time and time again refuse to use my name when referring to me in article headlines."

"The double standard with CNN is stunning. In fact, check out these headlines for Democrat Senators Kamala Harris and Cory Booker. Why is it that when I give a floor speech on the same topic, I am simply referred to as a black senator?"Writes Senator Tim Scott in in fundraising email I received at 7:54 this morning (full text below, after the jump).He quotes 2 CNN headlines — "Sen. Booker: This nation is greater than this" and "See Sen. Harris speech on anti-lynching legislation" — and and then ...
Tags: Headlines, Law, Senate, Journalism, Cnn, United States, Protests, Kamala Harris, North Charleston, Scott, Cory Booker, Tim Scott, Ann Althouse, Conservatism, Racial Politics, Sen Harris


"In a seminar... Mary [Trump] and her 15 or so fellow students analyzed the Compson family portrayed in novels such as 'The Sound and the Fury.' The Compsons bore some similarities to her own family..."

"...Like Donald Trump’s mother, the Compsons immigrated to the United States from Scotland, and the family was riven by dysfunction. At the time, Donald Trump was running his Atlantic City casinos, which went into bankruptcy, and preparing to divorce his first wife, Ivana, and marry Marla Maples."From "Mary Trump once stood up to her uncle Donald. Now her book describes a ‘nightmare’ of family dysfunction" (WaPo).The Compson family, eh? Here's the rundown of the supposedly Trump-like clan:Jason ...
Tags: Books, Law, Scotland, United States, Atlantic City, Donald Trump, Jason, Trump, Benjamin, WaPo, Earl, FAULKNER, Quentin, Ivana, Benjy, William Faulkner


Opinion analysis: Court confirms limitations on federal review for asylum seekers

In a 7-2 decision, the Supreme Court in Department of Homeland Security v. Thuraissigiam upheld a scheme of limited and narrow judicial review over expedited removal, a bare-bones administrative process created under the 1996 Illegal Immigration Reform and Immigrant Responsibility Act. Expedited removal allows an immigration official to make the immediate decision to deport a person without a hearing if the person is apprehended within 100 miles of a border and if they cannot prove they have liv...
Tags: Featured, Guantanamo Bay, Supreme Court, Law, Congress, Court, Afghanistan, United States, Cuba, Ruth Bader Ginsburg, Sri Lanka, Executive Branch, Thomas, Sonia Sotomayor, 9th Circuit, Alito


"COVID-19 and Homicide: Final Report to Arnold Ventures"

The title of this post is the title of that I can across yesterday. The 13-page work is authored by Thomas Abt, Richard Rosenfeld and Ernesto Lopez.  Here is its summary: Did crime rates decline in response to the actions taken to address the COVID-19 pandemic?  Several reports have suggested that they did, in the United States and other nations (e.g., Jacoby, Stucka, and Phillips 2020; Mohler, Bertozzi, Carter, et al. 2020; Police Executive Research Forum 2020; Semple and Ahmed 2020).  Some ...
Tags: Law, US, United States, Ahmed, Phillips, Semple, Douglas A Berman, Ernesto Lopez, Arnold Ventures, Thomas Abt Richard Rosenfeld, Jacoby Stucka, Mohler Bertozzi Carter, Dolmetsch Pettersson Yasiejko


Biden says "I would do everything possible to make it required the people had to wear masks in public"...

... then says that he can't "imagine" himself "taking the oath of office wearing a mask," "because I could take the mask off at this distance," CBS Pittsburgh responds. 1. Maybe "do everything possible to make it required" is clever phrasing and he's really thinking the President lacks the power to order everyone to wear masks or to commandeer local law officials to enforce a mask requirement. So it wouldn't, in fact, be possible.2. "... to make it required the people had to wear masks in public...
Tags: Law, Masks, United States, Biden, Ann Althouse, Federalism, CBS Pittsburgh, Biden rhetoric


"Hear me when I say: Trump is the first woman President of the United States."

I would like to spend the rest of 2020 on whatever Rosanne is on... pic.twitter.com/0aYRtt8AUU — Evan DeSimone (@Smorgasboredom) June 25, 2020 I get it. I have said essentially the same thing myself. On April 17, 2020, I wrote:[A]s I've said a few times and have thought all along — there's something womanly about Trump. And I'm not saying that as an insult. He often displays machismo or seems to do the voice of a mob boss, but not all the time. He has this softer lilt that comes through some o...
Tags: Law, United States, Trump, Rosanne, Roseanne, Ann Althouse, Trump's masculinity, Evan DeSimone


Time for another long list of (mostly COVID-influenced) federal sentence reductions using § 3582(c)(1)(A)

I must admit that I might be starting to get just a bit fatigued by my repeated listings of new grants of federal sentence reductions using § 3582(c)(1)(A).  But these lists represent such a special kind of good news for federal prisoners and those that care about them, and I am not at all tired of seeing this heartening news each week as I assemble dozens of recent grants.  So: United States v. Morrison, No. 19-cr-284-PWG, 2020 WL 3447757 (D Md. June 24, 2020) United States v. Martin, No. DKC ...
Tags: Law, Austin, United States, Iowa, Davis, Quinn, Jackson, Johnson, Smith, Morrison, Martin, Lee, Joseph, Clark, Richardson, Westlaw



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