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20 May 2022, 1:57 pm
[Citizenship, machine guns, and bigamy] Please enjoy the latest edition of Short Circuit, a weekly feature from the Institute for Justice. In 2020, police in the city of Brookside, Ala., made more misdemeanor arrests than the number of residents. Over two years, revenue from fines and forfeitures increased more than 640 percent. But it's not the result of a sudden crime spree; it's taxation by citation. And now, it's IJ's latest class action. IJ Senior Attorney Bill Maurer… [read post]
6 May 2022, 12:30 pm
[Prosecutor-induced perjury, a satirical arrest (and prosecution), and an unraised winning argument.] Case closed! Seven years ago, IJ filed a Freedom of Information Act request for all the records in the IRS's asset forfeiture database. And we're happy to say that this week—after an initial demand by the IRS for $750k, and then the agency reversing course and saying the data wasn't subject to FOIA at all, and a whole bunch of litigation—the IRS has finally turned over… [read post]
29 Apr 2022, 12:30 pm
[Neighbors from hell, unvaccinated prison staff, and unconscionable sentences. ] Please enjoy the latest edition of Short Circuit, a weekly feature from the Institute for Justice. Is there such a thing as the "Will of the People"? Over at Liberal Currents, Anthony Sanders, the director of IJ's Center for Judicial Engagement, humbly submits that if there is one it's an indeterminate mist—and, moreover, that judges do a lot of harm by attempting to divine the… [read post]
22 Apr 2022, 12:30 pm
[Flea collars, bachelors, and data scraping.] Please enjoy the latest edition of Short Circuit, a weekly feature from the Institute for Justice. Michigan friends, we're heading to Plymouth on Friday, May 20 for a forum on the Michigan Constitution, featuring litigators, scholars, and retired Michigan Supreme Court Justice Stephen J. Markman. RSVP today! During the 2016 presidential election, campaign-finance watchdog files a complaint with the Federal Election Commission, alleging that the… [read post]
15 Apr 2022, 12:30 pm
[Negligent investigation, racketeering, and gambling in Vegas. ] Please enjoy the latest edition of Short Circuit, a weekly feature from the Institute for Justice. From 2001 to 2018, now-retired Midland County, Tex. prosecutor Ralph Petty worked on over 300 cases as both the lead prosecutor and law clerk for the judge overseeing those cases, arguing by day and (among other improprieties) drafting orders in his own favor at night—unbeknownst to the defense. This week, Erma Wilson, who was… [read post]
8 Apr 2022, 12:30 pm
[Heat waves, raucous parties, and cemetery discretion.] Please enjoy the latest edition of Short Circuit, a weekly feature from the Institute for Justice. New on the Short Circuit podcast: A special live edition on the D.C. Circuit with former D.C. Circuit clerks (as well as frequent Supreme Court arguers) Lisa Blatt, Kelsi Brown Corkran and Paul Clement. Cemetery company buys 180-acre property in Readington Twp., N.J. (that is zoned for cemetery use) and makes significant concessions to… [read post]
1 Apr 2022, 1:00 pm
[Acts of state, hedonic damages, and bang-bang commands.] Please enjoy the latest edition of Short Circuit, a weekly feature from the Institute for Justice. New on the Short Circuit podcast: You win a judgment against the government on a constitutional claim, and then the government just doesn't pay up and says you can't make it. In America. Under Brazil's Mais Médicos program, the country hires foreign doctors to bolster its medical services for poor Brazilians. Cuba, in… [read post]
18 Mar 2022, 12:30 pm
[Straight teeth, prurient firefighters, and Fresh American Beef.] Please enjoy the latest edition of Short Circuit, a weekly feature from the Institute for Justice. New on the Bound By Oath podcast: With the doors to federal courthouses closing on civil rights plaintiffs, the final episode of the season looks at state constitutional and common law causes of action as an alternative way to hold government officials accountable for their misconduct. In February 2020, Senator Richard Burr made… [read post]
4 Mar 2022, 12:30 pm
[Twitter's content moderation, LBJ's lies, and a judge's ruse.] Please enjoy the latest edition of Short Circuit, a weekly feature from the Institute for Justice. Attention D.C.-area folks! The Short Circuit podcast is heading to the National Press Club on Wednesday, April 6 at 6:30 p.m. to record a live show with Paul Clement, Lisa Blatt, and Kelsi Brown Corkran. RSVP today! Beginning in 1971, The New York Times published excerpts of the Pentagon Papers that laid bare the… [read post]
25 Feb 2022, 2:30 pm
[Diet speech, judicial speech, and petition-related speech. ] Please enjoy the latest edition of Short Circuit, a weekly feature from the Institute for Justice. Friends, civil forfeiture is a plague on honest folks in many a jurisdiction around the country. But Indiana may be the rottenest, thanks to a unique feature of state law that allows counties to deputize private-sector lawyers to act as prosecutors—and pocket a cut of whatever they forfeit. Indeed, nearly half of the state's… [read post]
18 Feb 2022, 12:30 pm
John's castle.) [read post]
4 Feb 2022, 12:30 pm
[Psilocybin, prayer oil, and net neutrality.] Please enjoy the latest edition of Short Circuit, a weekly feature from the Institute for Justice. New on the Short Circuit podcast: Foreign divorces & naturalization in the Third Circuit and ineffective assistance of counsel in the Fourth. Supreme Court short-lister Judge Ketanji Brown Jackson issues her debut opinion on the D.C. Circuit, concluding that the Federal Labor Relations Authority acted arbitrarily and capriciously when it changed… [read post]
14 Jan 2022, 12:30 pm
refused to turn over evidence revealing the officer's identity), man files suit against "John [read post]
7 Jan 2022, 12:30 pm
[RV park leases, wrongful birth, and a major question.] Please enjoy the latest edition of Short Circuit, a weekly feature from the Institute for Justice. Friends, pandemic-permitting, there's not much we'd like more than to see you in Atlanta on February 4th at our forum on Georgia's constitution at Georgia State University College of Law. With a keynote by former Justice Keith R. Blackwell, it's an event not to be missed! Click here to learn more. Allegation: During the… [read post]
17 Dec 2021, 12:30 pm
[Shooting motorists, slapdash practices, and noble projects. ] Please enjoy the latest edition of Short Circuit, a weekly feature from the Institute for Justice. In 2019, in a fit of pique, DHS agent Ray Lamb pointed a loaded gun at the head of our client, Kevin Byrd, and pulled the trigger. The gun jammed. Then Agent Lamb used his badge to get police to detain Byrd, though he had committed no crime. But when Byrd sued, the Fifth Circuit said there is no cause of action under the Constitution… [read post]
10 Dec 2021, 12:30 pm
[Drag queen story hour, cooked books, and vaccine mandates. ] Please enjoy the latest edition of Short Circuit, a weekly feature from the Institute for Justice. Does the Constitution apply to federal law enforcement officers? This week, we filed our reply brief in Mohamud v. Weyker urging the Supreme Court to resolve the circuit split on that question and to reverse an Eighth Circuit ruling that there is no constitutional remedy against a Special Deputy U.S. Marshal who told a bunch of lies and… [read post]
3 Dec 2021, 12:30 pm
[Mask mandates, high-capacity magazines, and debauchery.] Please enjoy the latest edition of Short Circuit, a weekly feature from the Institute for Justice. Friends, on Wednesday, December 8, the Supreme Court will hear Carson v. Makin, an IJ case, and consider whether states that offer tuition assistance to families for use at private schools can bar those families from choosing schools that teach religion. Click here to learn more. Or perhaps click here for a podcast where we do our goshdarn… [read post]
26 Nov 2021, 12:30 pm
[Symbolic disarmament, major violators, and the hard part of judging.] Please enjoy the latest edition of Short Circuit, a weekly feature from the Institute for Justice. Friends, federal officials are in the main completely immune from claims for damages for violating the Constitution. But the Supreme Court has been clear that there is liability for "garden variety" search-and-seizure claims. So, over at Jurist, IJers Anya Bidwell and Nick Sibilla explain why the Court should grant… [read post]
12 Nov 2021, 1:00 pm
John Doe plaintiff from California, who previously pleaded guilty to mortgage fraud crimes, has a beef [read post]
16 Jun 2023, 12:30 pm
[Deposition misconduct, grumpy interrogatories, and protesting the Lawyers' Mall. ] Please enjoy the latest edition of Short Circuit, a weekly feature written by a bunch of people at the Institute for Justice. Hey, look at that! SCOTUSblog's "Petition of the Week" is none other than IJ's cert petition in Gonzalez v. Trevino, a retaliatory arrest case that—so far—illustrates just how easy it is for officials to escape liability for throwing someone in jail… [read post]
