[Eugene Volokh] The Trial Court “Did Not Consider American Law and Fundamental Precepts of Due Process”

Tanveer Basith and Abuzaffer Basith were married in India in 1979. In September 2017, Tanveer sought a divorce, in Illinois court; she says that the parties are Illinois residents. (All the facts and quotes here are drawn from In re Marriage of Basith, decided last week.) Abuzaffer moved to dismiss the divorce petition, “assert[ing] that the… Continue reading [Eugene Volokh] The Trial Court “Did Not Consider American Law and Fundamental Precepts of Due Process”

[Ilya Somin] Will Connecticut Finally Enact Meaningful Eminent Domain Reform?

Susette Kelo’s famous “little pink house,”which became an iconic symbol of the Kelo case. Some fourteen years after a controversial Supreme Court decision upheld the use of eminent domain to seize homes for transfer to private developers, the state where the case originated may finally pass a law that curtails such abuses. In 2005, the… Continue reading [Ilya Somin] Will Connecticut Finally Enact Meaningful Eminent Domain Reform?

California DAs assail Gov Newsom’s execution moratorium

Four California district attorneys, Anne Marie Schubert, Michael Hestrin, Lisa Smittcamp and Gilbert Otero, have this notable new CNN commentary under the headline “California Gov. Gavin Newsom’s death penalty moratorium is a disgrace.”  Here is how it gets started: Gov. Gavin Newsom’s blanket moratorium on California’s death penalty is a slap in the face to… Continue reading California DAs assail Gov Newsom’s execution moratorium

[Keith Whittington] On Volume Two of the Mueller Report

Over at the Niskanen Center, I have posted some thoughts on volume two of the report by special counsel Robert Mueller. The second volume addresses President Trump’s response to the investigation of Russian interference with the 2016 presidential election and whether any of those actions constituted criminal obstruction of justice. As I told Vox, “If… Continue reading [Keith Whittington] On Volume Two of the Mueller Report

[Keith Whittington] On Volume One of the Mueller Report

Over at the Niskanen Center, I have posted some thoughts on volume one of the report by special counsel Robert Mueller. The first volume addresses Russian interference in the 2016 presidential election and the extent to which the Trump presidential campaign participated in that interference. The good news is that the campaign did not actively… Continue reading [Keith Whittington] On Volume One of the Mueller Report

[Eugene Volokh] Delaware Government Refusing to Allow “Illegal Pete’s” as Corporate Name

Illegal Pete’s is a Colorado-based Mexican restaurant chain; starting several years ago, the name has drawn controversy because some view it as an insulting reference to illegal aliens. (The restaurant owners disagree, and say the name was chosen “to convey the unique, countercultural atmosphere [the founder] wanted to foster” and was an homage to the founder’s… Continue reading [Eugene Volokh] Delaware Government Refusing to Allow “Illegal Pete’s” as Corporate Name

:@WilliamBaude: Grounding Originalism Published

My frequent co-author (and now co-blogger) Steve Sachs and I have a new article out in the Northwestern Law Review, in a symposium issue devoted to “Originalism 3.0.” Our contribution, “Grounding Originalism,” tries to provide philosophical grounding for our approach to originalism, one which emphasizes that originalism is a theory of law, under which our… Continue reading :@WilliamBaude: Grounding Originalism Published

[Eugene Volokh] Beyond the First Amendment: Anti-Libel Injunctions and Prosecutorial Discretion

[I’m continuing to serialize my forthcoming Penn Law Review article on Anti-Libel Injunctions.] I’ve argued that criminal contempt prosecutions for violating anti-libel injunctions are similar to criminal libel prosecutions. But they are missing one important feature of most prosecutions—the normal prosecutor. In criminal libel prosecutions, a prosecutor exercises discretion about whether to prosecute. In criminal… Continue reading [Eugene Volokh] Beyond the First Amendment: Anti-Libel Injunctions and Prosecutorial Discretion

Relying on post-Miller legislation, Illinois Supreme Court rules any juve sentence over 40 years constitutes de facto life sentence

I just saw an interesting ruling handed down last week by the Illinois Supreme Court, Illinois v. Buffer, 2019 IL 122327 (Ill. April 18, 2019) (available here), which concerns what length of sentence should be considered a de facto life sentence triggering the Eighth Amendment sentencing limitations articulated by the Supreme Court in Miller and… Continue reading Relying on post-Miller legislation, Illinois Supreme Court rules any juve sentence over 40 years constitutes de facto life sentence

How could and how should a President push states to extend the franchise to all prisoners?

I have not been blogging all that much about some of the notable criminal justice positions and statements by the huge field of candidates seeking the Democratic Party’s nomination to run for US President.  But this press piece about an exchange involving Senator Bernie Sanders at a town hall last night prompted the question that… Continue reading How could and how should a President push states to extend the franchise to all prisoners?