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18 Aug 2023, 1:29 pm by John Ross
[Chalk, meme stocks, and a dog in peril.] New on the Short Circuit podcast: Searching for iCloud data, guns, and El Dorado. Allegation: In summer 2020, thousands of protesters gather in D.C., leading to much sidewalk-chalking of the phrase "Black Lives Matter"—a violation of D.C.'s defacement ordinance. No chalking-related arrests ensue. Around the same time, however, police arrest pro-life protesters for chalking "Black Pre-Born Lives Matter." Selective… [read post]
14 Jul 2023, 12:30 pm by John Ross
[A rough ride, an injury in law, and sexy polygraphs. ] Please enjoy the latest edition of Short Circuit, a weekly feature written by a bunch of people at the Institute for Justice. In 2021, the Fort Bend, Tex. sheriff excluded independent journalist Justin Pulliam from a press conference, claiming Pulliam was not "media." A few months later, deputies arrested Pulliam while he was filming their activities, claiming he was "interfering"—part of a pattern of retaliation… [read post]
7 Apr 2023, 12:30 pm by John Ross
[Scooter injuries, loyalty oaths, and Canadian barrels.] Please enjoy the latest edition of Short Circuit, a weekly feature written by a bunch of people at the Institute for Justice. Debate! Tune in online on Monday, April 24 at 8pm Eastern to see IJ's own Anthony Sanders debate Prof. Kurt Lash on Baby Ninth Amendments?: State Constitutions & Unenumerated Rights. Hosted by the Federalist Society's student division and the Charleston School of Law's chapter. Click here to… [read post]
31 Mar 2023, 12:30 pm by John Ross
[Disparaging scientists, disappearing warrants, and disgruntled lawyers.] Please enjoy the latest edition of Short Circuit, a weekly feature written by a bunch of people at the Institute for Justice. Last year, Brookside, Ala. became the poster child of policing for profit. The town relentlessly towed cars to extract fees and issued dubious traffic citations, without regard for public safety or constitutional rights. Town leaders boasted of their 600% revenue increase, almost all of which went… [read post]
3 Mar 2023, 12:30 pm by John Ross
[Flouncing, flaunting, flirting, flouting, foundering, and flounting. ] Please enjoy the latest edition of Short Circuit, a weekly feature written by a bunch of people at the Institute for Justice. Friends, come join us at Georgetown Law this Tuesday, March 7, for a symposium on Shielded: How the Police Became Untouchable, a timely new book by Joanna Schwartz. Click here for the details and to RSVP. In 1972, Congress proposed the Equal Rights Amendment and sent it to the states with a… [read post]
24 Feb 2023, 12:30 pm by John Ross
[Boisterous school children, suspicious mispronunciations, and convicted misdemeanant Don Blankenship.  ] Please enjoy the latest edition of Short Circuit, a weekly feature written by a bunch of people at the Institute for Justice. For over 150 years, Vermont parents have been able to use a tuition stipend to send their kids to the K-12 school of their choice, private or public, if their local school district doesn't provide instruction for their child's grade-level—a… [read post]
10 Feb 2023, 12:30 pm by John Ross
[Chastising finger wags, derogatory reports, and steel threats.] Please enjoy the latest edition of Short Circuit, a weekly feature written by a bunch of people at the Institute for Justice. Friends, come join us in D.C. on Tuesday, March 7 for a symposium on Shielded: How the Police Became Untouchable, a timely new book by Joanna Schwartz. The event will feature panels on official accountability—including an appearance from one of the plaintiffs in Monroe v. Pape!—as well as a… [read post]
3 Feb 2023, 1:09 pm by John Ross
[Alaskan Natives, Alaska Airlines, and Alaskan students.] Please enjoy the latest edition of Short Circuit, a weekly feature written by a bunch of people at the Institute for Justice. Alaska's sparse population creates unique educational challenges. To address these, the state created "correspondence programs," in which a student's public school uses the post office or float planes to deliver lessons and then pick up and grade assignments. In 1997 and again in 2014, the law… [read post]
27 Jan 2023, 12:30 pm by John Ross
[Bogus arrests, bogus charges, and bogus seizures.] 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: bags of dope, unlawful assembly, and an invitation to assemble in centennial celebration of one of the most sweeping defenses of individual liberty in history, Meyer v. Nebraska. In response to a public records request, ICE turns over 21 spreadsheets to the ACLU. But wait! The records… [read post]
9 Dec 2022, 12:30 pm by John Ross
[Shunt sabotage, shooting up a tailor's, and the credible threat of prosecution.] 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 Second Circuit granted absolute immunity to Suffolk County, N.Y. prosecutors who brought baseless charges as a favor to a company seeking to retaliate against its former employees and their lawyer. But friends, a state appellate court ruled… [read post]
25 Nov 2022, 12:30 pm by John Ross
Too bad John Marshall's did instead. Dissent: The test says yes. [read post]
18 Nov 2022, 1:02 pm by John Ross
[Grains of sand, detachable pockets, and genuine obliviousness.] Please enjoy the latest edition of Short Circuit, a weekly feature written by a bunch of people at the Institute for Justice. In 2018, Mario Rosales was driving in Roswell, New Mexico, when he legally passed off-duty sheriff's deputy David Bradshaw's personal pickup truck. In a fit of road rage, Bradshaw followed Mario home, blocked him in the driveway, screamed at him, and ultimately pointed a gun at him. Bradshaw was… [read post]
11 Nov 2022, 12:30 pm by John Ross
Three days before the statute of limitations expires, the man sues the officer as John Doe. [read post]
16 Sep 2022, 12:30 pm by John Ross
[Bar crawls, backyard riots, and impersonating an officer.] 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 2018, the Supreme Court unequivocally rejected the so-called "professional speech doctrine," under which lower courts had been giving mere rational basis review to restrictions on speech instead of the usual, robust scrutiny that the First Amendment demands. And yet! The Eleventh… [read post]
2 Sep 2022, 12:30 pm by John Ross
[Mean teachers, bad warrants, and merest coincidences.] 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: The IRS wants to impose a $2.17 mil civil penalty on an octogenarian from Massachusetts, and she wants to argue that it's a violation of the Excessive Fines Clause. But earlier this year, the First Circuit said there's no need to consider whether the penalty (for failing to timely file a… [read post]
26 Aug 2022, 12:30 pm by John Ross
A John Doe plaintiff alleges that he was put through a biased Title IX tribunal while a student at MIT [read post]
19 Aug 2022, 12:20 pm by John Ross
  In which the Fifth Circuit determines that Sealed Appellee was not a John Doe. [read post]
5 Aug 2022, 12:30 pm by John Ross
[Measles, tough weeds, and a COVID hoax.] Please enjoy the latest edition of Short Circuit, a weekly feature written by a bunch of people at the Institute for Justice. SCOTUSblog petition of the week: Does the Fourteenth Amendment require meaningful review of restrictions on the right to engage in a common occupation? IJ says not only yes, but also: oh my goodness gracious meaningful review is such a reasonable ask. Perhaps after you read the eminently readable petition you will agree. Click… [read post]
22 Jul 2022, 12:30 pm by John Ross
[So no one got qualified (or absolute) immunity this week. No kidding.] Please enjoy the latest edition of Short Circuit, a weekly feature from the Institute for Justice. Friends, civil forfeiture turns cops into robbers. How else to explain the actions of FBI agents who misled a court to obtain a search warrant and then violated the express limitations in the warrant, seizing property they had no business taking from hundreds of people? Click here to learn more about the case. Or click here… [read post]
8 Jul 2022, 12:30 pm by John Ross
[Retaliatory investigations, reckless investigating, and a consultant's duty. ] New on the Short Circuit podcast: Salt mines and open fields. Can plaintiffs challenging Maine's vaccine mandate for healthcare workers proceed pseudonymously? The First Circuit says no; they have failed to show they will suffer severe harm sufficient to outweigh the public's (and media intervenors') interest in open litigation. The Maine Constitution provides for a "people's veto,"… [read post]