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“This Court rejects Defendants’ argument an ordinary person could find ‘amateur,’ in this circumstance, to refer to ‘one who engages in a pursuit, study, science, or sport as a pastime rather than a profession’ or a ‘devotee, [or] admirer,’ given the surrounding context and circumstance.”

Note from DB: I was going to post something about my visit to the South during the lawprof fact-finding mission I attended, by my colleague Adam Mossoff posted an incredibly thoughtful and well-written account of that day on Facebook that sums up what I wanted to say and more. With…

If you think American politics are corrosive, hold my falafel.

I don't get the random questions Justice Barrett raises, and I'm not sure why she didn't mention her reservations in Hansen..

"Professor Volokh may not ... publicly disclose Plaintiff's name or personal identifying information in any future writings, speeches, or other public discourse."

There’s less reason to fight when one-size-fits-all policies are replaced with local diversity.

7/17/1862: Congress enacts the Confiscation Act, which empowers the government to seize the property of the rebels. The Supreme Court considered the constitutionality of that law in The Confiscation Cases (1873).

Sen. Rand Paul writes that the lawsuit punishes Apple for a feature its customers like.

The Sacramento City Attorney's Office has warned Target that its Land Park location could face public nuisance fines if it keeps calling police to report thefts. A city spokesman denied any such threats, but the Sacramento Bee reports that multiple requests for an interview with City Attorney Susana Alcala Wood…