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14 Oct 2022, 12:30 pm by John Ross
[Hauling timber, planting drugs, and barring bologna.] 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 pretextual traffic stop turns deadly and standing to sue under the ADA. Beauty may only run skin deep, but the circuit split on the interplay between the First Step Act and "compassionate release" is getting close to the bone. Add the D.C. Circuit to those holding that… [read post]
7 Oct 2022, 12:30 pm by John Ross
[Pretextual stops, consular nonreviewability, COVID on cruise ships.] Please enjoy the latest edition of Short Circuit, a weekly feature written by a bunch of people at the Institute for Justice. Tu stultus es. So writes The Onion in an amicus brief urging the Supreme Court to take up Novak v. City of Parma, an IJ case that asks the question: Can the cops really ransack your home and put you in jail for making fun of them? Did Congress give the executive branch the authority to allow foreigners… [read post]
30 Sep 2022, 12:30 pm by John Ross
[Padded cells, hidden cash, and official duties. ] 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: Anthony Novak was jailed for four days and prosecuted for making a fake Facebook page satirizing the Parma, Ohio police dept.—an obvious First Amendment violation! And yet the Sixth Circuit granted qualified immunity to the officers involved, so IJ is asking the Supreme Court to step in and… [read post]
23 Sep 2022, 12:30 pm by John Ross
[ATV noise, threat threats, and wasting judicial resources.] Please enjoy the latest edition of Short Circuit, a weekly feature written by a bunch of people at the Institute for Justice. State constitutions don't have enumerated powers like the U.S. Constitution. On the one hand, that's a dangerous thing. On the other, state constitutions try to compensate by guaranteeing rights even more strongly than the federal version. And a key aspect of that guarantee is judicial engagement. So… [read post]
9 Sep 2022, 12:30 pm by John Ross
[Torture, restraint chairs, public cavity searches, and the secret to eternal youth.] 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 landmark, watershed, and very salubrious ruling from the Michigan Supreme Court on implied rights of action under the state constitution. And also, a starkly different holding from the Tenth Circuit in the wake of Egbert v. Boule. Guantanamo prisoner… [read post]
12 Aug 2022, 12:30 pm by John Ross
and Means Committee asked the Treasury Department to turn over the federal tax returns for one Donald John [read post]
29 Jul 2022, 12:30 pm by John Ross
[Building inspectors, historic preservationists, NIMBYs, code enforcement, and the right to make contracts.] 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: Atlanta criminal defense attorney Andrew Fleischman joins the panel to talk absolute prosecutorial immunity and why the Fulton County DA's hotly anticipated prosecution of Donald Trump would almost certainly be removed to… [read post]
15 Jul 2022, 12:30 pm by John Ross
[Overgrown grass, recording the police, and lying officers who lie and ruin people's lives and get away with it.] Please enjoy the latest edition of Short Circuit, a weekly feature from the Institute for Justice. New cert petition: Does the Fourteenth Amendment require meaningful review of restrictions on the right to engage in a common occupation? IJ says yes, and that Kentucky's restrictions on home health agencies, which are preventing a pair of entrepreneurs from opening a new… [read post]
1 Jul 2022, 12:30 pm by John Ross
[Rare gems, neutral judges, and a blindsided referee.] Please enjoy the latest edition of Short Circuit, a weekly feature from the Institute for Justice. Do you like warrantless, suspicionless, unannounced, nonconsensual business inspections? If so, we deeply regret to inform that the Ohio Dept. of Natural Resources is no longer doing those. Read all about it. Family owes $1.2k in property taxes on their home but can't afford to pay. Ontario County, N.Y. officials puts a lien on the home… [read post]
24 Jun 2022, 12:30 pm by John Ross
[Boycotts, open fields, and a weekend in jail. ] Please enjoy the latest edition of Short Circuit, a weekly feature from the Institute for Justice. Friends, please join us next Thursday, June 30 at UCLA—or via livestream on our Facebook page—at 1:30pm Eastern/10:30am Pacific for the debut of our interactive civil rights study as well as a live recording of the Short Circuit podcast with Professor Eugene Volokh of UCLA, Julia Yoo of the National Police Accountability Project, and… [read post]
17 Jun 2022, 12:30 pm by John Ross
[Fragile vessels, unlawful encouragement, and an unchasted district attorney.] Please enjoy the latest edition of Short Circuit, a weekly feature from the Institute for Justice. Los Angeles friends, come and join us on Thursday, June 30 at UCLA for a live recording of the Short Circuit podcast, plus the unveiling of our interactive study on clearly established law sufficient to overcome qualified immunity for each circuit. The event features Eugene Volokh of UCLA, Julia Yoo of the National… [read post]
10 Jun 2022, 12:30 pm by John Ross
[Rubber stamps, pole cameras, and personal vendettas. ] Please enjoy the latest edition of Short Circuit, a weekly feature from the Institute for Justice. This week, the Supreme Court ruled that Customs and Border Protection officers have de facto absolute immunity from constitutional claims for damages. But the ruling leaves the door open ever so slightly to Fourth Amendment claims against federal officers doing domestic policing unrelated to the border or national security. The fate of a pair… [read post]
3 Jun 2022, 12:30 pm by John Ross
[Interstate wine shipping, illegal traffic fines, and internet-ordained preachers.] Please enjoy the latest edition of Short Circuit, a weekly feature from the Institute for Justice. Friends, come and see us at UCLA on Thursday, June 30th, for a very special event—a live recording of the Short Circuit podcast preceded by the unveiling of an interactive new study that identifies clearly established constitutional law sufficient to overcome qualified immunity in each federal circuit. The… [read post]
13 May 2022, 2:22 pm by John Ross
John Doe: I want to marry either my biological parent or my adult child (unclear which), but the prudes [read post]
25 Mar 2022, 12:30 pm by John Ross
[Service charges, unpaid judgments, and repentant thieves.] Please enjoy the latest edition of Short Circuit, a weekly feature from the Institute for Justice. Last call for Short Circuit Live! RSVP now for our live recording of the Short Circuit podcast at the National Press Club on Wednesday, April 6 at 6:30 p.m. Featuring Paul Clement, Lisa Blatt, and Kelsi Brown Corkran, the event is nearly full! Plus, just released on the Short Circuit podcast, lemon lawyer and YouTube celebrity Steve Lehto… [read post]
11 Mar 2022, 12:30 pm by John Ross
[Sidewalk chalk, invasive owls, and ostinato copyrights.] Please enjoy the latest edition of Short Circuit, a weekly feature from the Institute for Justice. Sonia Ekemon recently became a widow, and she wants to support herself and her three children by braiding hair, a skill she first learned in a refugee camp in Benin. But that's illegal in Idaho, where she's lived since 2000, unless she spends upwards of $20,000 to attend beauty school where the curriculum is both irrelevant and… [read post]
11 Feb 2022, 12:30 pm by John Ross
[Spoiled food, thugs with badges, and strip searches in school.] Please enjoy the latest edition of Short Circuit, a weekly feature from the Institute for Justice. New on the Short Circuit podcast: With neither Congress nor the Supreme Court moving the needle on qualified immunity reform, these days all the action is in state legislatures. Special guest Alex Reinert of Cardozo Law joins the show to talk about civil rights enforcement under state law. An alleged sensitivity to radio waves can… [read post]
28 Jan 2022, 12:30 pm by John Ross
[Say yes to the dress, respectful dissents, and kettling technique.] Please enjoy the latest edition of Short Circuit, a weekly feature from the Institute for Justice. While he was on the campaign trail, President Biden told voters that he would allow states to "continue to make their own choices" on marijuana legalization. So just why is the FBI trying to forfeit nearly $1.1 mil from California-legal cannabis businesses? Read all about IJ's latest forfeiture case in the Los… [read post]
21 Jan 2022, 12:30 pm by John Ross
[Snow routes, Sharia law, and a win-win for everyone.] Please enjoy the latest edition of Short Circuit, a weekly feature from the Institute for Justice. Does any American actually own their home if all local officials need in order to seize it is to imagine an alternative use for the property that might generate more tax dollars? So asks IJ Attorney Bob Belden on the latest episode of the Eminent Domain Podcast, where the conversation centers on Onondaga County, N.Y. officials' plan to… [read post]