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...

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...

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...

The Use of Colons in the Titles of Law Review Articles and Comments

I didn't have much to do yesterday evening, so I decided to test a theory that I have believed for years but never examined: that law re...

Larsen and Devins on the "Amicus Machine"

Scotusblog has this post by Allison Orr Larsen and Neal Devins on the rising number of amicus briefs, and the heightened focus on obtaining...

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...