Boating Under the Influence and Probable Cause

Here's some good news out of Iowa: it appears that incidents involving people boating under the influence of alcohol are on the decline....

Fish, the Fourth Amendment, and the Scope of Consent

It's always a pleasant surprise to see legal disputes that involve fish for nonsensical reasons, particularly fish-related disputes that...

Will Second Amendment Law Change Under Trump's Supreme Court?

One of President-Elect Donald Trump's priorities when appointing a Supreme Court Justice to replace Justice Scalia is to select a justic...

Revisiting Chemerinsky's "Return of the Jedi" Analogy

A little over a year ago, I wrote a post criticizing Erwin Chemerinsky's characterization of the Roberts Court's liberal October 2...

Is Korematsu a Precedent?

Noah Feldman argues it is not in this editorial at the New York Times. Feldman writes: The most straightforward way to reject Korematsu is ...

Justice Willet: A Confirmation Hearing Outline

Via Howard Bashman's How Appealing , I learned of this excellent profile of Texas Supreme Court Justice Don Willett by Eric Benson. Sin...

Justice Jackson on Japanese Internment

Earlier today, a Donald Trump supporter, Carl Higbie, spoke out in favor of Trump's plan to register Muslims, and cited the infamous Kor...

Marijuana, Federalism, and Guns

The Wall Street Journal reports : 28 states and Washington D.C., allow marijuana use in some form, including eight that allow recreational u...

Supreme Court Nonsense

Every once in a while, it's fun to read nonsense online. Through the magic of the internet, one can explore the  finer points of legal n...

White on Trump "Opening Up" Libel Laws

I have written several posts on the implications of Trump's presidency on various constitutional rights. I was going to write one on t...

Forget Stop-and-Frisk: The Trump Supreme Court's True Threat to Fourth Amendment Protections

When discussing the Fourth Amendment under Trump's upcoming presidency, commentators tend to remain fixated on Trump's remarks in wh...

Trump's Presidency and the Supreme Court

Cass Sunstein has this interesting article at Bloomberg View. Sunstein begins by correctly noting that even though Trump will appoint Justi...

Trump's Bold Plan for the Fourth Amendment

Politico reports on an exciting development in Donald Trump's policy proposals. When asked how he would address "violence in the b...

Iowa's Law Against Simulated Intoxication

Back when I lived in Iowa City, the local police blotter was a reliable source of intrigue and occasional amusement. I would read it now and...

New Jersey's Distracted Driving Bill and Its Disturbing Implications for Probable Cause

USA Today reports : A bill under consideration in the state Legislature calls to prohibit "any activity unrelated to the actual operat...

California Lawsuits Allege That Suspension of Drivers' Licenses Violates Due Process

The Los Angeles Times reports : Civil rights lawyers filed suit Tuesday accusing the Los Angeles Superior Court of improperly suspending dri...

Fred Flintstone, World Records, and Rules With Shifting References

While the rest of the country was watching the Democratic National Convention yesterday, my attention was drawn to a far more dramatic serie...