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23 Jun 2023, 12:30 pm by John Ross
[David Sosa has some important thoughts. And so does David Sosa. As well as David Sosa. Also, David Sosa.] Please enjoy the latest edition of Short Circuit, a weekly feature written by a bunch of people at the Institute for Justice. New on the Short Circuit podcast: Special guest Sean Marotta of Hogan Lovells joins the panel to talk banana pants and civil procedure. Never trust the U.S. Mail. That's the lesson of this D.C. Circuit opinion, which dismisses a lawsuit brought by a former… [read post]
9 Jun 2023, 12:30 pm by John Ross
[Fake Instagram accounts, offensive Facebook comments, and pro se parents.] Please enjoy the latest edition of Short Circuit, a weekly feature written by a bunch of people at the Institute for Justice. Friends, the Supreme Court has long held that the Fifth Amendment's Just Compensation clause is "designed to bar Government from forcing some people alone to bear public burdens which, in all fairness and justice, should be borne by the public as a whole." And yet last year the… [read post]
19 May 2023, 12:30 pm by John Ross
[Police baptisms, candy crushing, and reasonable violations of clearly established law.] Please enjoy the latest edition of Short Circuit, a weekly feature written by a bunch of people at the Institute for Justice. New on the Short Circuit podcast: A sitting senator threatens Amazon with censorship and the case of the abandoned jacket. A pair of vacationers from Memphis run out of money while in Los Angeles and, as one does, steal a car for their return trip. But a chance encounter with police… [read post]
12 May 2023, 12:54 pm by John Ross
[Sidewalks to nowhere, vitriolic deliberations, and precedential nonprecedents.] Please enjoy the latest edition of Short Circuit, a weekly feature written by a bunch of people at the Institute for Justice. Friends, if you live in the DC area and want to learn more about "Baby Ninth Amendments," meet the author of a new book with that title, and grab some free apps and drinks, then register here to meet us at The Admiral in Dupont Circle on Thursday, May 25 for a festive happy hour… [read post]
5 May 2023, 12:30 pm by John Ross
[Amazon's algorithm, involuntary commitment, and anti-malaria medicine.] Please enjoy the latest edition of Short Circuit, a weekly feature written by a bunch of people at the Institute for Justice. New on the Short Circuit podcast: IJ attorney and special guest host Josh Windham interviews Anthony Sanders, your regular host, about his smashing new book Baby Ninth Amendments. And less new but still pretty new on the Short Circuit podcast: a special episode on the unwritten UK Constitution… [read post]
21 Apr 2023, 12:30 pm by John Ross
[Butter or spray; liars and bad cops; and SecretAgentRandyBeans.] Please enjoy the latest edition of Short Circuit, a weekly feature written by a bunch of people at the Institute for Justice. New IJ cert petition: Friends, if you criticize a city official and then his allies maliciously scour the law books for a crime to charge you with, and then take additional, irregular steps to ensure you are thrown in jail, that right there is a First Amendment violation. Or at least it ought to be.… [read post]
14 Apr 2023, 12:30 pm by John Ross
[Vaccinated jurors, a parking monopoly, and plant-based meat.] Please enjoy the latest edition of Short Circuit, a weekly feature written by a bunch of people at the Institute for Justice. The Fifth Amendment requires just compensation when the government takes property, and, for all of recorded human history that matters, this requirement has always been "self-executing." Meaning Congress doesn't need to pass a law saying the Fifth Amendment requires just compensation. But the… [read post]
24 Mar 2023, 12:30 pm by John Ross
[Anti-Muslim tweets, inactive warrants, and anti-Muslim prison guards.] Please enjoy the latest edition of Short Circuit, a weekly feature written by a bunch of people at the Institute for Justice. D.C.-area friends, come and join us on Friday, March 31 to commemorate a real American hero, Robert T. Meyer, who violated a Nebraska law banning instruction in a foreign language and fought his case all the way to the U.S. Supreme Court, which, in 1923, ruled in his favor and gave us one of its most… [read post]
17 Mar 2023, 12:30 pm by John Ross
[Herring monitors, state-created dangers, and kicking out the jams.] Please enjoy the latest edition of Short Circuit, a weekly feature written by a bunch of people at the Institute for Justice. New cert petition: In 2014, in a case of mistaken identity, two plainclothes officers nearly beat an innocent college student to death. And despite a previous trip to the Supreme Court and a couple stops at the Sixth Circuit, the case is stuck on a pretty basic question: Can the now-former student even… [read post]
10 Mar 2023, 2:12 pm by John Ross
[Speedy trials, political advertising, and horseracing.] Please enjoy the latest edition of Short Circuit, a weekly feature written by a bunch of people at the Institute for Justice. This week on the Short Circuit podcast: Live at Georgetown Law, an all-star panel, including UCLA Law Professor Joanna Schwartz, discusses police accountability and Schwartz's new book, Shielded: How the Police Became Untouchable. Last week on the Short Circuit podcast: Live at SMU Law, an… [read post]
17 Feb 2023, 12:30 pm by John Ross
[Dam removal, malicious prosecution, and pre-trial diversion.] Please enjoy the latest edition of Short Circuit, a weekly feature written by a bunch of people at the Institute for Justice. Cleveland-area friends, won't you join us tomorrow night—Sat. Feb. 18—at the Grog Shop for a night of comedy and fulminating against qualified immunity? Click here to RSVP. UMass Dartmouth law professor brings a First Amendment suit challenging the designation of UMass Faculty Federation,… [read post]
20 Jan 2023, 2:16 pm by John Ross
[Sex trafficking, child-pornography solicitation, and FERC.] Please enjoy the latest edition of Short Circuit, a weekly feature from the Institute for Justice. Dedicated readers will remember that just before the new year, the Nevada Supreme Court held that the state constitution's search-and-seizure rights could be enforced through private damages suits and that qualified immunity did not apply. (IJ filed a brief and participated in oral argument as an amicus, asking for… [read post]
13 Jan 2023, 12:30 pm by John Ross
[Florida riots, MAGA hats, and an eyeball tasing.] Please enjoy the latest edition of Short Circuit, a weekly feature written by a bunch of people at the Institute for Justice. Mandatory, warrantless inspections of rental properties are wildly invasive and ripe for abuse, no matter officials' purported intentions. So writes IJ attorney Rob Peccola in the Chicago Tribune, advising the city's aldermen to vote down a proposed rental inspection law. Indeed, in December, a federal judge… [read post]
6 Jan 2023, 12:30 pm by John Ross
[Zoom jurors, community caretaking, and criticizing a colleague.] Please enjoy the latest edition of Short Circuit, a weekly feature written by a bunch of people at the Institute for Justice. In this week's Profile in Judicial Understatement, we bring you Judge Jennifer Walker Elrod of the Fifth Circuit, who concludes that it may indeed have been unlawful sexual discrimination to deny this Louisiana construction worker opportunities for advancement because, in the words of her general… [read post]
30 Dec 2022, 12:30 pm by John Ross
[Sikh Marines, MAGA hats, and racist memes. ] Please enjoy the latest edition of Short Circuit, a weekly feature written by a bunch of people at the Institute for Justice. If officers point a surveillance camera at a home for eight months without a warrant, is that an unconstitutional search? Earlier this year, the First Circuit ruled that not only is it not unconstitutional, but also that it's not even a search. Phooey! In an amicus brief, IJ is urging the Supreme Court to take up the… [read post]
23 Dec 2022, 12:30 pm by John Ross
[Cicero, Bentham, Coke, and Kierkegaard.] Please enjoy the latest edition of Short Circuit, a weekly feature written by a bunch of people at the Institute for Justice. Anita Adams wants to build a modest addition on her property in Seattle so that family members can move in, but the city says she must pay nearly $77k in "housing affordability" fees to get a permit. Which means she cannot afford the addition and there will be less housing. Click here to learn more about IJ's… [read post]
16 Dec 2022, 12:30 pm by John Ross
[Feather bans, tent curtilage, and youngsters and their sweets.] Please enjoy the latest edition of Short Circuit, a weekly feature written by a bunch of people at the Institute for Justice. Friends, it's illegal to operate a food truck in 96 percent of Jacksonville, N.C. And at any given time it might also be illegal in the other 4 percent, owing to a ban on food trucks operating within 250 feet of each other. That's no way to treat hardworking, honest folks who just want to earn a… [read post]
2 Dec 2022, 12:30 pm by John Ross
[Veterans' benefits, Robert's Rules of Order, and Floribama.] Please enjoy the latest edition of Short Circuit, a weekly feature written by a bunch of people at the Institute for Justice. New cert petition: Earlier this year, the Eighth Circuit held that the First Amendment contains no protections against sham, bogus retaliatory investigations and granted qualified immunity to a child welfare worker who did her best to ruin the lives of an innocent family because they criticized Scott… [read post]
4 Nov 2022, 12:30 pm by John Ross
Over at Intelligence Squared, IJ Attorney Anya Bidwell debates the Heritage Foundation's John Malcom [read post]
28 Oct 2022, 12:30 pm by John Ross
[Chalking tires, curbing meters, and secretly recording videos.] Please enjoy the latest edition of Short Circuit, a weekly feature written by a bunch of people at the Institute for Justice. "The Onion may be staffed by socialist wackos, but in their brief defending parody to this Court, they hit it out of the park." So writes The Babylon Bee, a "'dangerous,' 'far-right misinformation site,'" whose staff is also urging the Supreme Court to take… [read post]