2017
870 posts
2017 870
December 2017
- The Year of the Smushed Dead Rat
- The SWATting Death of Andy Finch
- Short Take: Cool Gig In Maricopa County
- Discretion and Discrimination In Seattle
- A Practical Lawyer’s Reply To Kopf The Contrarian
- The Buzz Is You’re Fired (Update)
- Kopf: A Contrarian’s View Of The Vanishing Federal Criminal Jury Trial
- Seaton: When Smartphones Kill
- Drunken Lies and Incapacitated Truth
- Short Take: Free Speech, But Not So Loud Speech
- The Canadian Method, Eh?
- A Christmas Tradition, 2017
- The Moral Bar
- Hide And Seek, The Government Loses
- Light Hands and Sticky Fingers
- Short Take: The Yates Method
- The J-Dog Prize? Not This Year
- Collateral Consequences Of The Unseen Child
- Kids Do Dumb Things, Squared
- A Profane Rant Is Proper Because Reasons
- Empathy, Sympathy and Consequences
- Silence Of The Ewes
- Judge, Get Your Hard On
- Kopf: Is Sentencing The Hardest Thing A Federal Judge Does?
- Matt Damon’s Risk and Rebuke
- Update To The Law Clerk’s Handbook
- King: The Perils of Prosecuting a President
- Tuesday Talk*: The Leong Ultimatum
- Short Take: Franken’s Bus Stop
- Kozinski Resigns, And The Fools Rejoice (Update)
- Short Take: The “Easy” Button
- Meyer-Lindenberg: Roy Moore, From a (Short) Distance
- Short Take: Disingenuous Speech About Disingenuous Speech
- The Banned Words That Weren’t
- Seaton: Rocky Top Crumbles Under Cries of Hate Speech
- Short Take: Andrea Ramsey Meets The Wheels Of The Bus
- Words and Phrases
- Short Take: Senior House Lost
- The Joys of Vinegar Spreading
- Trash Talking Twitter
- Seaton: Ten Questions Every Criminal Defense Lawyer Should Ask On The First Date
- How Do You Solve A Problem Like Kozinski?
- Trapping The Lonely
- Short Take: Welcome Back, Volokh
- Fall of the Masters
- Times Through The Gender Lens
- Short Take: Brown Is The New Green
- Beware The “Likelihood Ratio”
- Judge McMahon and The Graham Rule
- Tuesday Talk: Frankly Franken
- Lies and Consequences
- Kopf: A Short Take On A Coincidence
- #DefameMeToo
- Under A Bad Sign
- Stupid Lawyer Tricks, Kozinski Edition
- Patterico: A Reasoned Perspective
- The Modern Art Of Pervs
- Judge Alex Kozinski and The Mad Cow
- A Requiem For Quality Academic Thought
- Brailsford Acquitted For The Execution of Daniel Shaver
- Lawyer, Smack?
- Bad Mom In The First Degree
- Sgt. Keith Sweeney Indicted For Murder In Oklahoma City
- Kopf: Can You Hear Me Now?
- Short Take: Woman Power (You Knew This Was Coming, Right?)
- Fourth Circuit’s Flaccid Decision
- Wedding Bell Blues (Update)
- A President And The “I” Word
- Bennett: The Art of Representing a Hall of Shame Offender at Sentencing
- Short Take: Que Serra, Serra
- Two Wrongs And One Right
- A Lawprof’s Head Turner (Update)
- The Last Thing A Suicidal (Or Any) Person Needs
- Are Courthouses Sanctuaries? (Update)
- New Name For Bad Idea: “Information Escrow”
- Who Pays The Price of Indoctrination?
- Who Let Shaila Dewan Write This Drivel?
- Short Take: The Steinle Moment
November 2017
- Is Title VII To Blame?
- Moral Market Suasion And Made-Up Law
- Kopf: Steven Calabresi Should Stop Pulling Imaginary Stuff From His Butt
- Bennett: Looking Criminal
- Short Take: Death Wishes In Wonderland
- Taking Things Is Not Okay
- Tuesday Talk*: Dragging the Line
- The Arcane Notions of Privacy And Guilt (Update)
- Weapon of Miss Destruction
- The Non-Apology To Lindsay Shepard, Eh?
- Revenge Porn, Revealed
- Your Honor
- One Bail At A Time?
- Greenhouse’s Unsubtle Suggestion
- Rape And Wrong: The Cop Problem
- Short take: Good Judge, Nice Judge
- Twitter (Or How I Learned To Love The Bomb)
- The Anti-Bullshit Movement
- Thanksgiving For None of Our Doing, 2017
- Reimagining Joe Barton
- Short Take: Dancing Fool
- Kopf: Top Ten Things I Am Thankful For On Thanksgiving
- Short Take: The Price Of Thanksgiving Dinner
- The Lowest Common Denominatrix (Update)
- Short Take: The “T” Word
- Twist And Shout: Making Consent More Meaningless
- Pride of Ownership
- Blow Hard (Update)
- Paved With Gold
- Short Take: License To Ruin
- The @Axios Memo
- Short Take: Joke Cracked, Head Exploded
- It’s A Living for Silver & Wright
- Alleged Stigma
- The Worst Section 230 Analogy Ever?
- Short Take: The Other Hostile Work Environment
- Famous On Probation: The Meek Mill Lesson
- Franken Sense (Update)
- Prickett: What Do You Mean I Can’t Arrest Someone For Political Speech?
- You Wish You Were Him
- The Judge’s Toolbox (Update)
- Greenhouse Effect: Bias, Lies And What We Know
- Kopf: On Prison Hospice Care
- Bunin: The Foolish Spectacle of Carter Page
- Short Take: The Conflict of Gender Confusion
- Drunk In Dallas
- Short Take: Teddy On The Cross
- Three Years Why?
- Bronx Freedom Fund To Go National (Update)
- Remembering Troy
- George Takei’s Harsh Lesson For Us All
- Talley Ban
- Short Take: To Watch Or To Be Watched
- Did Passionate Advocates Do It?
- The Irresponsible Pedagogy of “Hard Work”
- Debate: Ah, What Do Lawyers Know Anyway?
- Debate: People Power! Non-Lawyers Can And Should Be Judges
- Professors With Blood On Their Hands
- The Toxic Environment of a Nasty Job
- The Hoax Effect
- NY “Closes” The Brady Gap With A Sucker’s Bet
- Kopf: How The ABA Standing Committee On The Federal Judiciary Might Regain its Credibility
- ACLU Appearing For Whom?
- Fair Punishment Project’s Really Unfortunate Choice
- Bennett: The Art of Opening Statements, Second Installment
- Four Years For Prosecutor Robert Neary
- Bennett: The Art of Opening Statements, First Installment
- Against A Minor
- GPS Monitoring: On The Wrong Foot?
- Where The Boys Are
- Short Take: Holding Hands, Kicking Stones
- Why Aren’t You Outraged?
- Short Take: Killer Cars
- ACLU Put Client First, Makes Sleepy DoJ Sad
- 3M: Myths, Massachusetts and Michelle
- The Business Of Stuff You Read Online (Update)
- Short Take: Bubblewrap and a Chastity Belt
- Short Take: Greetings From New Jersey
- Qualifying The Grasz Rating
- Kopf: A Short Take on a Pithy Comment by an Aging Trench Lawyer
- Short Take: Legitimacy Regained
- The Dartmouth Disappeared
October 2017
- Tuesday Talk*: Halloween Edition
- Victim Points On The Program Hierarchy
- Short Take: Leave The Dawg Out Of It
- Bennett: The Art of Motions in Limine
- Short Take: The Unsafe Pew
- Manafort Indicted!!!
- Facts On The Postmodernist Battlefield
- Short Take: Not Even Rednecks (Update)
- But For Video: White Woman’s Weapon
- Ending Sexual Harassment, When Reach Exceeds Grasp
- Short Take: Return of the Slackoisie?
- Plato, The Oppressor
- Terrorism Or Impatience
- Strossen: Justifying Free Speech
- Erasing AUSA John Wortmann
- The SCOTUS Woman Problem
- Confessions Of An Internet Guru
- Kopf: On Mindless Judicial Pomp
- Short Take: @Popehat Who?
- The Good Fascist
- The Most Isolated Branch
- Buying Silence: Should It Be Prohibited?
- Arrested, Cuffed, Raped, And Brooklyn DA Sees A Consent Question? (Update x2)
- #MeToo: Revolution or Revelation?
- Integrity Lost: The Journalism Chronicles
- The Stacked Deck
- Donuts and the Blawgosphere
- The Camera’s Broken Promise
- Short Take: Green Bag Follies
- Judge Weinstein Takes on Testilying
- The Line of Disruption: Can Hijacking Be Outlawed?
- The Murder “Epidemic” Spreads
- Kopf: The Unexploded Landmine Buried Deep In The Codes of Conduct Committee’s Otherwise Excellent Opinion On Posner
- Bless Your Dear “American Heart”
- Tuesday Talk*: The Land of the Free?
- Buying Bombast: The Preet Syndrome
- Bennett: The Art of Impeachment With A Prior Inconsistent Statement
- Short Take: Can Free Speech and Social Justice Co-Exist?
- Sessions’ Inconsistent Consistency
- Short Take: Twits of the Times
- Bad Math At Good Colleges
- Heavy Cy
- Short Take: To Kill “To Kill A Mockingbird”
- The Trumpkins Hecklers’ Revenge
- Sheriff Prator: Baby, You Can Wash My Car
- Surrender To The Credible Threats
- Short Take: The Other Harveys
- Experiencing The Movies, At What Price?
- Kopf: Remembering John Thompson, Thinking About Brady and Giglio
- Seaton: When Public Defenders Call Bullshit
- Short Take: The Happy Warriors of The Academy
- The Last Itty Bitty Slice of Prosecutorial Liability
- Tuesday Talk*: Marshall Project Phone Home
- Short Take: Nuclear Deterrence, How Does It Work?
- Thurgood Marshall Law School Tests Newton’s Third Law (Update)
- Bennett: The Art of Submitting Letters of Support
- Penn State’s Contemptible Do-Over
- Chemerinsky and the Meaning of “Why?”
- The California Cut Rate: How Low Should It Go?
- Short Take: Mass Murder And Opportunities
- Will The ACLU Make “Dr. DRE” A Precedent In Georgia?
- Lisa Bloom’s Crisis
- The Low-Hanging Fruit Of Free Speech
- Supporting Cy: The Price of (Non)Prosecution
- Short Take: The ACLU Gets Burned At The Stake
- Bennett: The Art of Arguing The Frivolous
- Seaton: Tennessee Supreme Court Fails The Public On Indigent Representation
- In Edith Macias’ Defense
- Kopf: A Short Take On Life As A Series Of Disappointments (or payback’s a bitch)
- Negotiating With The Emotional Labor Union (Maggie Update)
- Two Approaches To Gun Control: Facts and Gay
- Blame The Algorithms And Their Masters
- Tuesday Talk*: Guns, Guns, Guns
- Unions Or Class Actions, Or Both?
- Bunin: Public Defense Management, Free Expression And The Squawk
- Short Take: Crowdsourcing Hate
- Appellate Squawk Taken To The Star Chamber (Update)
- Crazy Doctor Dreams
September 2017
- Judge Ross Moody: A Long Arm And A Short Fuse
- A Librarian’s Complaint
- Karla Frye And A Protest Too Far
- The Survey Shows . . . We’re Pretty Normal
- Short Take: The Tweeter Laureate Of The Fifth
- Even The Dersh? Especially The Dersh
- The Rehabilitation Of A Cop
- Kopf: Nobody Likes A Bootlicker
- Tuesday Talk*: Focus (Squirrel!!!)
- The Scent Of Sessions
- Short Take: A Tyranny, No Matter What
- Weiner Time
- Reporting The Reporters Bearing Witness
- Debate: The DC Court of Appeals Was Wrong, Stingrays Shouldn’t Require A Warrant
- Debate: Stingrays Aren’t Third Parties; Get A Warrant
- The Cross Complaint
- The Times Finds Its G-Spot
- Berkeley Owes Students A Refund
- Scold Me Maybe
- Short Take: Of Last Resort
- Change Has Come To Title IX, But To What End?
- Short Take: 1000 Journalists Named Timmy
- The Simple Lawyer’s Guide To Getting Shot
- The Black Student’s Burden In California
- Trust, Inc.
- On Deaf Ears
- Kopf: What If Seventh Circuit Nominee Professor Amy Coney Barrett Was An Ardent Atheist?
- Hamilton’s Experts: The Real Rap
- There’s No Autism Exception To The First Rule
- Short Take: A Rate Too Great
- The Only Consensus That Matters
- Debate: Congress Has A Place Regulating Cross Burnings and Hate Speech On Campus
- Debate: Just Say No To Legislating Hate Speech on Campus
- Who Wears The Traveling Pants In Rape Accusations?
- The Last Constitution Day
- Short Take: A Groovy Kind of Suburbia
- A Victim of Climate Change
- Honesty, Finally
- Ohio Judge John Adams Goes To War
- Short Take: Harvard’s Chelsea Morning
- But If Not Title IX, Then What?
- David Feige To SCOTUS: Clean Up Your Mess
- Undignified, Demeaning, Disbarred, Revisited
- Kopf: Several Unrelated Observations About Stuff
- The Unpleasant Burden Of Deconstructing Gibberish
- Posners Are Quitters
- Tuesday Talk: A Unanimous Verdict?
- Richard Posner’s Parting Apology
- Short Take: Has Penn Lawprof Amy Wax Lost Her Gloss?
- Will Algorithms Be The Death of Bail?
- What Would Goldilocks Say?
- Short Take: Blurred Lines
- Short Take: Why There’s Nothing On The Tube
- On Campus Sex Policing, It’s Still A Solo Flight
- Short Take: Lifestyles of the Rich and Empathetic
- Beyond Qualified Immunity, There’s The Trial
- DeVos’ Title IX Outrage? Due Process
- Debate: Richard Nixon is the Worst Person to Be Pardoned, Arpaio Included
- Debate: Crazy Joe’s Pardon Slaps Law And Order in the Face
- Judge Matsch On SORA: Cut The Crap, It’s Unconstitutional
- Kopf: Tin Soldiers and a Black Manservant
- Good Friends And Bullets, A Grimm Tale
- Say What? The Fail Of Condemnation
- Short Take: “This Is Not Court”
- How Wrong Could Lawyer Gregg Re Be?
- Who Carries The Pitchforks And Torches At Penn
- Chicago Always Had A Consent Decree
- Write Good, Yo
- Short Take: MLK’s Seal of Approval On Violence
- The Show Will Go On (But Without Me)
- The Presentism Paradox
- Nurse Alex Wubbels Refused
August 2017
- Short Take: Transmissions and Transitions: What’s Defamatory?
- Is The ACLU Just A Shill For A Cause?
- Short Take: How To Be Totally Unpopular With This One Cool Trick
- Kopf: Shall We Demolish The Monument To Chief Justice John Marshall?
- Title IX, Law And The Harvard Compromise
- Silence Of The Judges
- Judge Kane On Women In The Trenches
- Short Take: When The PD Won’t
- Short Take: Reform Was The Price of Political Correctness
- The Antifa, Reinvented (Updated x2)
- Short Take: The Back Seat Death
- The Complicit Ally
- The Indiscreet Charm of the Bourgeoisie
- Crazy Joe Arpaio, Back In The Pink
- Short Take: Who Do You Guru?
- Shaun King’s Unserious Soul
- Victim-in-Chief
- The Left Rehabilitates Joseph McCarthy
- Eric Clanton’s “Antifa” Defense
- Kopf: US District Judge John Adams Was A Jerk, But Does That Make Him Nuts?
- Twitter Validating The Important People
- The “Cheap Speech” Police
- Short Take: “Your Honor” Knows No Gender
- Tuesday Talk: Sinking The Robert E. Lee
- Short Take: How To Antifa Right
- The Selling Of A Race Riot
- Short Take: Crazy Meets The 25th Amendment
- Lilla Isn’t Gay
- The Court Of No Consent
- The 100 Thousandth Comment
- Short Take: It’s Not Easy Being Right
- Always Skeptical, Never Cynical
- Short Take: Cato Says What?
- Who Bought The ACLU?
- Trust Me, I’m From The ABA
- TAMU Doubles Down On Title IX Discrimination
- King: It’s Always Justified To Punch A Puritan Or A Roundhead
- Not The Punch, But The Excuse
- A Hole Into Which 1.3 Million Will Fall
- Kopf: A Short Take Calling the Admiral to Action
- Misunderstanding Trump
- Replacing “Like” With “Guilty”
- Teaching Trumplaw (Or Why Harvard Law Students Deserve A Refund) (Update)
- A Mob By Any Other Name
- By Any Other Name, Nazis
- Judicial Doubt And The Line Of Bias
- The Search For “Truth” Instead Of Doubt
- Short Take: Frank Bruni Plays His One Victim Point
- The Day We Lost Our Minds
- The Euphemism Of The “Uncomfortable” Truth
- Crisis Mismanagement In Charlottesville (Update x3)
- Short Take: Gaming The Algorithm Game
- ACLU Defending Milo
- Short Take: Admit Dwayne Betts
- It’s Title IX Rape Adjudication Or The Girl Mob
- Walter Olson: A Circle of Silence Without Responsibility
- Short Take: Because They Care (No They Don’t)
- Kopf: “To every thing there is a season . . . a time to be born, and a time to die”
- Can We Talk About Damore’s Demise?
- Tuesday Talk: Family Feud Edition
- Short Take: Fencing In The Dead
- Judge Scheindlin: The Vagina Dialogues
- A Bridge Too Far
- Yale Law Students: The Dean’s A Liar And We’re Special
- The New Hostess With The Mostest
- Short Take: This Is Your Court On Drugs
- Democracy Distorted: A Seattle Progressive’s Political Plea
- Short Take: Are We Dead Yet?
- The Horse Assumption
- Brady, With A Double Dose of Banal Failure
- Sex In Nebraska
- The Bonfire of the Distractions
- Short Take: I Can’t Do What, Dear Host?
- Affirmative Action, But Why?
- The Very Funny ACLU Brief
- Kopf: Howl
- Short Take: Posner’s 99 Problems
- Will Raising the Burden of Proof Fix Title IX?
- Tuesday Talk? Go For It (Update: Was It Good For You?)
- Short Take: The Divide Between Brass And The Beat Cop
- When The “Victim” Says She’s No Victim
July 2017
- The Price of Academic Freedom
- The Pardon Power, Silly
- Short Take: How’d They Know?
- The Perfect Poster Girl
- The PVC of The New Anti-Semitism
- Aside: The Money Back Guarantee (Update)
- Short Take: Practice Makes Perfect
- Court Rejects Feminist Mythology Expert
- Louisiana DAs: Have We Got A Deal For You!
- When the DNA Says “Way”
- Congress’ Sexual Preference
- The Reasonably Scared Cop Rule Meets Slapstick
- That One Juror
- Kopf: A Short Take On Sessions’ “War on Drugs”
- Short Take: Roxane Gay Doesn’t Want To Watch
- The Very Scary Traffic Stop
- Short Take: Bad Cop, Good Cop
- Patterico Wins, And You Need To Know
- Are We On Drugs?
- Short Take: An Unacceptable Choice
- The Vagina Chronicles: The Judge Said So
- To Tell The Truth
- Book Review: The Chickenshit Club
- Short Take: It’s Who You Know
- The Crimson and The Lie
- Crying Foul: When Facts Fall First
- The Crime of Not Loving Israel Enough
- Will Federal Money Change State Bail?
- Short Take: Second Banana
- Short Take: Is There Mustard On That Ham Sandwich, Mr. Prosecutor
- Indy Books and Wedding Cakes
- Hamburger In Paradise
- Black, Blue And Dead
- Kopf: A Letter to a Young Practicing Lawyer
- Harvard and The Exclusionary Rule
- Baltimore Video, But To No Avail (Update)
- Donotpay, But Do Not Complain
- King: Yes, Justice Thomas, Qualified Immunity Is A Mess
- The Blank Slate of Justine Damond’s Death
- Failure To Execute: The Prosecutor’s Veto
- Getting The Gig
- Short Take: How I Learned To Love The Bomb
- Faith And Democracy: Rick Hasen’s NGO Solution
- The Softer They Come, The Harder They Fall
- The “Fake” Title IX War Over Real Lives
- Why Does The Sentence-O-Matic 1000 Hate Blacks?
- Short Take: Tatyana Hargrove’s Crutches Confused The Cops
- Sheldon Silver’s Conviction Reversed By Second Circuit
- Columbia University Settles With Paul Nungesser Over Mattress Girl
- Judge Goodwin’s Big Table In The Well
- Critical Thought And Koch Conspiratorial Cash
- Short Take: The Fat Girl’s Guide To Good Men
- Kopf: Judge Goodwin’s Magnificent But Clearly Erroneous Opinion On Rejecting Plea Agreements
- Seaton: Mountain Anger Conceals Doctored Prosecution Agreement
- How Lunch Meat Ruined America
- SCOTUS’ Fantasy Trial
- We’re As Cold As ICE
- Short Take: Gillibrand’s Crusade
- Not Everybody Gets A Cookie
- But For Video: Ol’ Clark’s A Victim In His Own Mind
- Short Take: Who Are You?
- Meyer-Lindenberg: The Fixing Of America
- Judge Richard Posner Demonstrates His Point
- Hard Test At Howard Law
- “A” Is For An Angry Academic
- The Deadly Combination of Vigilance and Ignorance (Update)
- Short Take: An Inconvenient Incarceration
- Kopf: Sometimes It’s Necessary To Slap The Government Upside The Head
- Short Take: This Space Intentionally Left Blank
- We’re Not Dead Yet
- Machado: The Myth Of The Busted Safety Valve
- Cute Fuzzy Convictions
- Waiving Good-Bye
- Conflation and Lying To Oneself
- Burn The Squawk, Cry Legal Aid Society’s Fragile Waifs
- Short PSA: The Sweet Smell of Success
- Seaton: Senator Beavers Goes To War With Porn
- Michele Dauber: Devil In The Blue Dress
June 2017
- The Unavoidable Conflict Of Victimhood
- 5th Circuit Confers Immunity On Hayne And West
- Short Take: Censor First, Justify After
- Short Take: The NRA Tries To Cash In Too
- A Crack In The Blue Wall Of Complicity
- Stoking Fear Is A Piece of Cake (Updated)
- Judge John Kane: Waiting 5½ Years For Trial Is Enough (Update)
- Idle Hands And The Pink Solution
- No Joy In Hungville, Mighty Prosecutors Have Struck Out
- New Jersey Says No To Avvo Fee-Splitting Scheme
- Insipid Aspirations, The Permanent and Ethereal
- Two Shoots, Two Hits, Two Misses
- Even Journalists Get The Finger
- Joe Joswiak’s Revenge
- Short Take: The LA Times’ Balancing Act
- Lessons Of Philando Castile and the Reasonably Scared Cop Rule
- Kopf: A Short Take On Why Plato May Have Been Right About Democracy
- Short Take: The Well-Trained Executive
- The Big Soapbox Promotes The Big Lie: Presume Men Guilty
- When Packingham Met Chesterton
- The Slants Hangover
- Short Take: Free Speech And The Freedom Not To Associate
- Yanez Acquitted, And Nothing Is Learned
- Short Take: No Thanks. None.
- Short Take: Cash Isn’t Queer
- Sessions Explains: Keep It Stupid, Simple
- Bleg: Help Needed
- Michelle Carter Never Had A Chance
- Very Short Take: Alt-Snowflake
- Cosby: Everything But Law (Update)
- Short Take: Motherhood Rules, Updated
- Kasowitz: What’s Up, John?
- “Feeeeeeeeed Me”
- New York Times Perpetuates An Outright Lie (Update)
- Short Take: The Precedential Block
- Kopf: The Hero With A Criminal History Category VI
- Will Nevada Supremes Buy The Rule 8.4(g) Lie?
- Short Take: Reductio Ad Bee
- Sad Doesn’t Fill The Gap
- The “Black Box” Beats The Constitution
- Short Take: Facts, The Counter-Narrative
- Randazza, Because Somebody Has To
- Short Take: This Land Ain’t Your Land, Dallas Edition
- Rich or Poor, It’s Good To Have Money
- Racism and the Two-Peckered Billy Goat
- An Expert Apologist
- The Tumblr 500
- Alstory Simon Column Shows There’s No Competency Test For Soapboxes
- The Totally Conclusive Meaning of 28 Vague Words
- Short Take: A Tasty Bite of Frankfurter
- But For Video: Getting Kicks At Burning Man (Update)
- Leaks: From Drips To Deluge (Update)
- Kopf: Leaks
- Legal Aid’s Pride And Prejudice
- Short Take: The Telephone In The Summer of ’79
- Short Take: Send Them To Harvard?
- The Trauma of Tepid Times Introspection
- Supreme Court Passes On The Joint
- Short Take: The Disappeared Evergreen Video
- The UnHarvard Ten (Update)
- The 900 Gropes
- Short Take: Pink Prisons
- A Utopian Interrogation
- The Attack On Keeanga-Yamahtta Taylor: Vile, Yet Different
- Saving Senator Sasse
- Short Take: History, Empowered
- Short Take: Evergreen’s “Direct Threat” Unspoken (Update: Threat Disclosed)
- The Attack on the “Resistance Police”
- Short Take: The Problem With Justice
- A “Conceptual Ledge” To The Slippery Slope of TrumpLaw
May 2017
- Kopf: The Question of Sentencing Disparity, Part 2
- Short Take: Kentucky’s Dumbest
- Racial Profiling: McDonald’s Spin
- Short Take: The Princeton Man
- Humility In The Center of the Universe
- Portland’s Powderkeg Problem
- Memorial Day 2017
- White Windmills
- Health Insurance Plus Cancer
- Three Men In Portland Who Did Something
- Bret Weinstein Meets The Downward Spiral of Social Justice
- Nowhere, Man
- Only The Pure Shall Prevail
- The Fourth Circuit’s Establishment Of The TrumpLaw Doctrine
- Cross: IJ’s Scott Bullock, So They Can’t Take Your Home
- Eat, Prey, Love (Burrito Edition)
- Short Take: Gianforte’s Last Slam
- Short Take: The ABA’s Binders Full of Women
- Kopf: The Question of Sentencing Disparity, Part 1
- A Grande Gesture
- Flynn’s Fifth
- The Teacups Of The Legal Aid Society
- Now Rod Rosenstein?
- Where Law and Politics Meet
- Taking One For The Team
- Eat A ‘Peach
- Fear and Loathing In Law School
- Silence Of The Black-Suited Goons
- Cuomo: One Law For You, One Law For Them
- Short Take: No Cissies In The Trenches
- Short Take: Traitorous Times
- In Missouri, Ankle Bracelets Are Forever (Update x2)
- Mueller On The Pedestal
- Kopf: Yossarian’s Revenge
- Betty Shelby’s Defense: Trained To Shoot Too Soon (Update)
- The Comey Obstruction Memo And Trump’s Mens Rea (Update)
- The Casual Student
- The Swiftian Sexpert
- Larry Tribe Is HUGE!!!
- Because Choke Holds Will Kill
- Open Thread: AG Sessions Channels Ghosts of Justice Past
- Short Take: For The Children, Any Source Will Do
- The Talk, Codified
- Short Take: Don’t Want To Be A Canadian Idiot
- Short Take: Objection Withdrawn
- The Death of the Presumption of Regularity
- Meyer-Lindenberg: Hate Speech: Never Go Full Europe
- Machado: Sick Nevadan Asks Jailers For Help, Ends Up Dead At Their Hands
- Short Take: The Gangs of New York
- Short Take: Jim Comey Terminated
- Short Take: The Battle of Condescenders
- Readjustment Of The Survivor/Immigrant Spectrum
- Short Take: Magic Cop Powers (Or Lab Tests Are For Losers)
- At Duke, The Divine and The Sublime (Update)
- Short Take: The Price of Activism
- Fighting Over The Final Thought
- Crime and Victim’s Control
- Short Take: Limits and Off Limits
- New York Upholds The Dumb Digit of Death
- Die, “Fake Law,” Die
- Pre-Existing Conditions: Risks and Rewards
- Mayor de Blasio’s Grace Is A Gift Too Far
- The Religion Leg Of The Stool
- Orleans District Attorney Sends The Taryn Blume Message
- Kopf: Alan Stoler
- Too Important To Be Neutral
- Short (But Brutal) Take: Enacting Philosophy
- Shifting Sentencing Blame
- Jordan Edwards, Inexplicably Dead
- If Only There Was A Way To Know
- Does Illegal Plus Illegal Equal Dismissal?
April 2017
- Short Take: Alternative Alternates
- The Road Warrior’s Dilemma
- Filipovic and A Women’s Entitlement To Fulfillment
- Short Take: If You’re Happy And You Know It
- Bret Stephens: Exquisitely Different Irresponsible Opinions
- Welcome Back, Drug War
- Short Take: The ACLU’s 50% Solution
- Stop (and Smell) The Fascist Roses
- The NOLA Subpoena Scam: Very Official And Very, Very Fake
- Short Take: Speed Racer Roberts
- A Sensitive Savage
- Berkeley’s 99 Problems
- Mario Machado: ICE’s VOICE Program Is A Complete Waste And A Disgrace
- Short Take: Men With Hats In Flint
- What He Wrote, What His Prof Read
- Sanctuary Cities Executive Order: A Battle For Hearts, Not Minds
- Sotomayor’s Dissent: SCOTUS Hearts Cops
- Short Take: Justice Douglas On Free Speech, 1958
- Alice Goffman: From Heroine to Goat
- The Free-Speech Tyranny of the Snowflake
- Harvard Law School: Name The Admitted Rapists
- Short Take: Do You Agree To Be Tased?
- Tolerance And A Bike Lock At Berkeley
- Short Take: Them’s Fighting Words
- Is Ledell Lee’s Blood On Gorsuch’s Hands?
- Bad Timing, Bad Choices, Bad Lawyers
- The Fabulous Women of the Glamorous ACLU
- The Cost Of A Last-Ditch Pitch
- Short Take: “Heckuva Job, Brownie,” They Say
- The Joke’s On Whom?
- Daily News To Justice John Galasso: Eric Lerner, Eric Lerner, Eric Lerner (Update x2)
- Short Take: Tomboys and Transgender
- A Twisted Prank With A Tragic Consequence
- Should SCOTUS Be Openly Activist?
- WomenLaw And The Right To Tampons
- Dark Demands Of Claremont’s “Black Intellectuals”
- Short Take: Friend Or Foe? A Side Is Chosen (Update)
- Is There A Right of Conscience?
- Short Take: Facts v. Truth
- Taught To Hate The Right People
- Slacktivists Don’t Buy At Liberty House
- When Wired Went Weird
- Norman Conley: A Lunatic And A Lunar Rock
- Short Take: The Discretion of the Court
- Wellesley Confronts Its Free Speech Demons
- Fearless Girl? Bull (Update)
- The Internet Didn’t Break It, But It’s Broken
- The Third Circuit’s (Support) Dog House
- Short Take: A Happy Ending
- It’s All Social Justice Until He’s Dead
- Dumb Muscle (Update)
- Short Take: Science, Sessions Style (NDAA Update)
- Perhaps Rick Hasen Didn’t Mean What Perhaps He Wrote
- Filipovic’s Dilemma: When Facts Are Against You
- The Meaning of Life, Emoji Edition
- History and Herstory: Condemned To Repeat It
- Short Take: The NY Times On America And SCOTUS
- New York City Finally Gets Body Cams. All Wrong
- Cuomo’s Folly: Follow The Money
- The Right Number To Flunk
- Counting To Nine
- The Criminal Defense Lawyer’s Duty, Social Justice Version
- The Nungesser Conundrum: A Guy Can’t Win
- The Perp Who Shall Not Be Described
- Miami’s Rule 35 Scam = No Honor Among Convicts (Past & Present)
- Facebook And The Losing Rainbow (Update)
- New York Times To Dems: Don’t Filibuster Gorsuch
- Seventh Circuit’s Hively Splits The Circuits (Update)
- Cross: Ed Whelan, An EPPC Eye On Judicial Confirmations
- Kopf: On Making Good And Real People Stupid
- Because Cultural Diss Is Different
- Cuomo’s Message: Mercy For One
- Mike Pence: Perv Or Just Not You?
- Millennial Guys And Dolls
- Lawyers Damned For Their Choice of Client. Again
- Second Circuit Threads The Sex Discrimination Needle
- Trump To ABA: Who?
- Prius Progressives: Tear Down That Rock
March 2017
- Gertruding On Gorsuch
- Justice Breyer: Speech Is Just A Social Construct
- Familial DNA Searches: Close Enough
- The Making of the Honest Broker
- The CYA of “Precedent”
- An Homage To The Dead and Dying
- Kopf’s Top Ten Observations About Criminal Defense Lawyers
- American College of Trial Lawyers Doesn’t Know It’s IX (Update)
- Cross: Bob Levy, Guiding Cato’s Vision of Justice
- The Null and Void Clause
- When Title IX Met Date Night
- Tag, You’re It
- Do Blue Lies Matter?
- The Casetext Pivot
- Lie v. Lie Is Not An Answer
- Appropriate All You Want; We’ll Make More
- Why Jacoby & Meyers Didn’t Go Pro Se
- Healthcare: Breaks and Brakes
- Lust, Lies And Statistics
- Judge Gorsuch And Mutually-Assured Destruction
- The Empathetic Textualist
- Tennessee’s Indigent Representation Task Force: We Win
- The Rubric Of The Border Excuse
- Cross: Kathryn Kase, Fighting Death In Texas
- The Senate Show
- Vengeance Is Mine, Sayeth Kopf
- Chevron Creep
- Attack of the Killer GIFs (Update)
- The Iceman Cometh
- Selling Diversity, New And Improved!
- The “Ordeal” Is The Point
- Time For A Change
- Fungible Judge and The General Warrant
- The Double Down On Qualified Immunity
- Take Care (Of Trump) Blog
- The Apolitical Prosecutor Problem
- From the Greenhouse: The Bastardized Herzberg Theory
- Immigrants On The Precipice Of The Rule Of Law
- Cross: Josh Block, ACLU Lawyer Fighting For LGBT Rights
- A Fustian Bargain: Your Speech For His Feelz
- Prison Sucks, Women Hit Hardest
- Soft Cops, Hard Cops
- But For Video That Almost Wasn’t
- The Pleasure of the President
- Regrets Or Gas: We Never Really Know
- Don’t Preet Me, Bro
- Are Millennials Constant Drips? (Update)
- The “Pig’s Rectum” Exception
- Fault Lines Has Moved!
- The TSA’s Longer And Stickier Fingers
- UC Berkeley And The 20,000 Broken Promises
- Is It Muslim Ban 2.0?
- Racism Isn’t A Reason For A Jury To Convict
- A Quick Rumination On America
- Desperately Seeking A Crime
- Charles Murray’s Middlebury Speech Ungiven (Update)
February 2017
- Road Trip
- And The Oscar Goes Too
- Half A Crime
- Shirts And Skins
- Can Diversity Of Thought Co-Exist With Diversity?
- An (Undocumented) Immigrant’s Litmus Test
- The New York Times Is Not Invited
- Lawyer Watch
- Whelan’s Misplaced Blame: Constitutional Interpretation Killed No One
- Cross: Roger Pilon, Defending Liberty at Cato
- The Fake Law Narrative Won’t Help Transgender Students
- The Land Of Limited Opportunity
- Provoked And Triggered: The End Of Milo?
- White House Calling
- Let No Offense Get Through
- Reflections Of The “Good” Judge
- Dinner At Le CouCou (The Day After)
- A Call From Area Code 202
- For A Nickel I Will
- The Physician’s Place (Update)
- WOZO In Knoxville
- The Donald And The Spooks (Update)
- No @Reason, Attorney-Client Privilege Is Not Subject To The Third-Party Doctrine
- Posner And The “Trump Exception” To Principle
- Cross: Patrick Frey, Prosecutor By Day and Patterico Online
- Space Aliens At The Border
- When The Rent Comes Due in de Blasio’s New York
- Returning Existing Law To Existing Law
- Thug Theory: Will It Work?
- Ten Years After
- Trump’s Totally New And Evil War Against Immigrants
- Will Jeff Sessions Really Matter?
- The Elastic Power Of Attornies*
- Schumer’s Cool Senator Trick
- But It *Could* Happen
- A Sociologist’s View Of Free Speech
- Making Sense Of An Unserious Position
- The One Data Point Of Oral Argument
- Best of Intentions In The Battle For Bucks
- Cross: Caleb Kruckenberg, Helping Others, No Matter Which Side He’s On
- Civil Forfeiture, From The Top
- The Senate’s Insidious Hypocritical Rebuke (Update)
- Begging The Word Rape
- Race To The Bottom, Audi Edition
- The Rubicon Of Knowledge
- The Trump Effect: Criminal Law Reform From The Trenches
- Greenhouse Trolls C.J. Roberts: Are You Manly Enough?
- A Great Guy, A Lousy Judge: So What? (Update)
- The Mechanics of Irreparable Harm
- Will The Crime of Hallways Finally Be Over?
- The Berkeley Revolution
- Campus Rape, The TV Show
- Where The Boys Are
- A Side Of Anarchy
- Alternative Facts, Civil War Edition
- Cross: Tom Mesereau, Defending The Famous And Difficult
- Bork, Garland and Gorsuch: Bombs Away?
January 2017
- Godwin’s Law, And Why Hysteria Won’t Win The Day
- Book Review: The Campus Rape Frenzy: The Attack on Due Process at America’s Universities
- The Baylor Conspiracy
- Crisis? What Crisis?
- Dinner at Le Coucou (Update)
- Amidst Global Turmoil, The Immigration Fiasco
- The Donna Hylton Dilemma
- The Immigrant Chops
- From Sharktank To Drunktank
- Reporters Reporting Rioters Rioting
- Downstream Law And The Second Amendment
- Floyd Abrams v. Publius
- The Arrests That Weren’t
- Cross: Liliana Segura, Putting The Human Face on Injustice
- The Price Of Quality of Life
- Silencing Nair Rodriguez: Of Pigs, Cowards And Killer Cops
- NY Times To Resurrect The Serial Campus Rapist Myth (Update)
- Bet You Can’t Read Just One
- Facts And Alternative Facts
- Women, Inc.
- The Last Credible Voice
- The Revealing Punch
- Failing The Milo Test (Update)
- The Carnage Stops Here
- Chevron Deference: Kill And Overkill
- A Tale Of Two Nations
- The Traffic Cam Tale: Hilarious, Ridiculous And Likely Malarkey (Update)
- Crowdsourcing Death
- Cross: Josh Blackman, A Fearless Constitutional Contrarian
- A Sign Of The Times, Anti-Death Penalty Protesters Arrested At SCOTUS (Update)
- Commit Or Committed: Dying On Education Hill
- The Pink Tent
- He Liked To Watch
- An Unpardonable Failure (Update)
- The Children Of The Fight
- The Limits Of Hero Worship
- Traditions And Laws
- From Dry Foot To Wet Back
- The Long March
- The Magical Doctrine of Qualified Immunity
- Forfeiting Ferraris Fine, Second Circuit Says
- A Prosecutor’s Privilege
- @TheFIRE Under #DearBetsy
- Cross: Tim Young, Leading Ohio’s Public Defenders
- A Flash Bang Too Far
- Sessions And The Previously Unprotected
- Puppy Bowl
- Andy Cuomo Starts His Run To Be The Next President
- The Problem With Jeff Sessions
- Teaching The Bottom Of The Lawyer Barrel
- The Remote Was Universal, So He Must Pay
- To Petition For Redress Of Milo Grievances
- The Social Justice Upcharge
- The Times, They Are A’Changing
- Techdirt Got Gawkered
- An Expert Opinion
- The UConn Finger: Noriana Radwan Fights Back
- A Beat Down In Polite Society
- Obama On Obama On Criminal Reform
- “Every Woman’s Worst Nightmare” (Update)
- The Meaning Of “Social” In Social Work
- Gov. Cuomo Sticks A Knife Into His Progressive Lie (Update)
- Catherine Lhamon: Come On Baby Light My FIRE
- The Old Folks Home
- Free Speech Isn’t Free If There’s A Price
- Special Rights For Special Needs
- And The 2016 Jdog Award Goes To…
- Evidence v. “Enlightenment”: The Unfairness Of It All
- 2017 Regulating Fantasy, Returning Reality