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The Latest Breaking News from James Ho

Restraining Orders Do Not Prove That People Are 'Dangerous'

The Biden administration is defending a federal law that disarms Americans based on "boilerplate language" in orders that judges routinely grant.

Reason

Fifth Circuit Holds People Can't Be Disarmed Just Based on Civil Restraining Order

Judge James Ho concurs, adding "I write separately to point out that our Founders firmly believed in the fundamental role of government in protecting citizens against violence, as well as the individual right to keep and bear arms—and that these two principles are not inconsistent but entirely compatible with one…

Reason

"Free Speech, Wokeness, And Cancel Culture In The Legal Profession"

A very interesting interview by David Lat (Original Jurisdiction) with Judges Lisa Branch and James Ho; here's Lat's summary: Last week, I made my way up to Yale University for an event sponsored by the William F. Buckley Jr. Program, "Is Free Speech Dead On Campus?" It featured Judges James…

Reason

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"Why Not the Right to Earn a Living?"

In today's Golden Glow Tanning Salon v. City of Columbus, the Fifth Circuit, in an opinion by Judge Edith Jones, joined by Judges James Ho and Cory Wilson, rejected an Equal Protection Clause and Takings Clause challenge to COVID lockdowns. This is a straightforward, and in my view a clearly…

Reason

Cynthia M. Allen: Is canceling back the only cure for cancel culture? How one federal judge makes the case

In late September, Judge James Ho of the Fifth U.S. Circuit Court of Appeals, fired an unexpected (and arguably overdue) shot at campus cancel culture.

Tribune News Service

David Lat on the Yale Law School Free Speech Issues (Including the Boycott)

David Lat (Original Jurisdiction) has a characteristically detailed and thoughtful article on the issue. The article links to Judge James Ho's article (based on his speech) in which he explains his thinking behind his boycott of clerk applicants from future Yale Law School classes; and it also links to Judge…

Reason

Shifting the Hoverton Window

As a general matter, lawyers tend to be conservative. Not in the sense that they are right-of-center. Indeed, lawyers skew left. Rather, attorneys favor stability: support ideas they know, approved by people they trust, that are communicated through established channels. That preference for the status quo can be altered in…

Reason

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Yale Law School, Judge Ho, Neutrals, and Secondary Boycotts

Even when there's good reason to criticize universities, we should keep the students out of our battles.

Reason

Thoughts On Judge Ho's Clerkship Boycott

[This is a guest post by Prof. Jack Goldsmith of the Harvard Law School.]

Reason

Boycotting Law Schools in Clerk Hiring As a Way to Influence Law School Culture

Thoughts in response to Judge Ho's recent announcement.

Reason

Ramaswamy, Ho, and Goldman

A surprising (to me) controversy.

Reason

Suit alleging off-camera jail beatings revived

A federal appeals court has cleared the way for a lawsuit to proceed against guards and officials at a privately run north Louisiana jail where an inmate died with a fractured skull in 2015

The Independent UK

"So No Damages for Past Injury, Due to Immunity—and no Injunction to Stop Future Injury, Due to Mootness"

An interesting concurrence by Fifth Circuit Judge James Ho.

Reason

Trump judges become culture war flamethrowers

During his term, Trump appointed 234 judges who will rule on some of the most consequential issues for decades.

Axios

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Reason

Judge James Ho Defends Ilya Shapiro and Color Blindness at GULC

"And so, if Ilya Shapiro is deserving of cancellation, then you should go ahead and cancel me too."

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