Recent Equifax Breach Prompts Criticism of Arbitration Provisions (Updated)

The credit monitoring firm, Equifax, recently suffered a massive data breach , resulting in the exposure of the personal information of appr...

Wells Fargo Turns to Arbitration Clauses to Neutralize False Account Lawsuits

The New York Times reports that Wells Fargo has been using arbitration clauses in its contracts with customers to defeat claims that the ba...

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...

A 32-Line Justice Breyer 'Question'

Behold!     From oral argument today in Beckles v. United States . H/T Josh Blackman , who helpfully notes here that Justice Breyer's r...

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...

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...

No, It is Not Legal to Smoke Marijuana While Walking On the Sidewalk in Downtown Los Angeles

...or in any other California city or town for that matter. On November 8, California passed Proposition 64 (text of the Proposition here , ...

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...

Melania Trump Demands Removal of "Actionable" Statements from People Article

So reports Politico : Donald Trump may not be planning to sue People over the magazine's story accusing him of sexual assault, but his w...

Oakland's Resistance to Mass Surveillance: Would it Play Out the Same Way Today?

The BBC has this interesting article on an attempt by the City of Oakland, California to adopt a wide-ranging surveillance system, and the ...

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...

Illinois "Pidgey's Law" an Overly Hasty, Muddled Attempt at Regulating Augmented Reality

Several news outlets have reports on this bill (AB 6601) recently introduced by Illinois State Representative Kelly Cassidy. Nicknamed &quo...

"Virtual Property," "Virtual Trespass," and Nuisance Law: A Pokémon Go Story

This post is a spinoff from some of my recent posts on Pokémon Go litigation which you can find here  and here . Pokémon Go's popularit...