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SHOCKING: Rumsfeld - What They Never Told You

Only Congress May Suspend the Writ of Habeas Corpus

Lessons from Hamdi v. Rumsfeld

Twice, SCOTUS Finds Coastal Courts Improperly Exercised Venue

In two consecutive orders, the Court signals that progressive litigants forum shopped to the wrong courts.

Coastal Judges Play Keep-Away From The Fifth Circuit

The Trump administration detains individuals in Texas and Louisiana, yet federal courts on the Amtrak Corridor continue to exercise jurisdiction.

From analysis to the latest developments in health,
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Free Speech and Private Power: Function-by-Function Analysis and Permissible Nondiscrimination Rules

[I am serializing my short Harvard Law Review Forum essay titled "Free Speech and Private Power", responding to the Harvard Law Review's publication… The post Free Speech and Private Power: Function-by-Function Analysis and Permissible Nondiscrimination Rules appeared first on Reason.com.

Free Speech and Private Power: No Categorical Right to Control Property

[I am serializing my short Harvard Law Review Forum essay titled "Free Speech and Private Power", responding to the Harvard Law Review's publication… The post Free Speech and Private Power: No Categorical Right to Control Property appeared first on Reason.com.

Court Upholds W. Va. Law Requiring Property Owners to Allow Guns Locked in Customer or Employee Cars in Parking Lot

From yesterday's decision by Judge John T. Copenhaver, Jr. (S.D. W. Va.) in W. Va. Coalition Against Domestic Violence, Inc. v. Morrisey; note that the court struck down two other provisions of the law, which I discuss in a separate post: Previously, the BLPA [West Virginia's Business Liability Protection Act]…

Can the State Regulate Content Moderation?

It's hard to argue that providing a pipe constitutes a speech act.

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The First Amendment and Refusals to Deal

Here's a draft of my article, on the constitutionality of anti-BDS laws and other related matters, forthcoming in a symposium at The University of the Pacific Law Review.

Mask Mandate Doesn't Violate the First Amendment Right to Engage in Symbolic Expression

From a decision last week by the Washington Court of Appeals in Sehmel v. Shah, written by Judge Lisa Worswick, joined by Acting Chief Judge Anne Cruser and agreed with on this point by Judge Bernard Veljacic: Appellants argue that the act of not wearing a mask communicates a political…

Understanding the Scope of Rumsfeld v. FAIR

In Rumsfeld v. FAIR (2006), the Court unanimously held that universities could be required to host military recruiters, even when the universities generally refused to host recruiters who discriminated based on (among other things) sexual orientation, and the military was indeed so discriminating. The Court also held that universities could…

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Genevieve Lakier

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