A new three-step test distinguishing employees from independent contractors stands to tilt worker misclassification suits towa...
To what extent should the president's statements (on social media, the campaign trail, or in office) bear on judicial review o...
Three guests weigh the implications of Justice Neil Gorsuch's swing vote last week with his more liberal colleagues in an immi...
SCOTUS seems poised to invalidate compelled public union dues on First Amendment grounds, but some argue the Court's skeptical...
After another SCOTUS summary reversal of a Qualified Immunity denial, Jay Schweikert (Cato Institute) discusses what he sees a...
9th U.S. Circuit Court of Appeals, Constitutional Law
Dorf on Reinhardt; Second Amendment
Constitutional law scholar and former clerk for the late Liberal Lion Stephen Reinhardt, Michael Dorf (Cornell Law School), re...
Timothy Meyer (Vanderbilt Law) explains how Congress' near-plenary power over international trade gradually shifted to the exe...
Four amici from the First Amendment challenge to a California abortion disclosure law discuss what they consider the case's mo...
Professor Josh Blackman (South Texas College of Law) takes measure of the DOJ's constitutional arguments in its suit challengi...
With social media evidence increasingly used at criminal trials, do defendants have a constitutional right to subpoena relevan...
9th U.S. Circuit Court of Appeals, Constitutional Law, Government, Immigration, U.S. Supreme Court
Speech-Free Polling Places?
SCOTUS considered Wednesday whether concerns over voter intimidation and polling place decorum justify a broad Minnesota prohi...
May a capital defense counsel constitutionally concede his client's guilt, against the client's wishes, where such an admissio...
Can required warning labels on soda advertisements pass First Amendment muster? An en banc 9th Circuit will reconsider the que...
9th U.S. Circuit Court of Appeals, Civil Rights, Government, Immigration, U.S. Supreme Court
DACA and the Limits of Reliance
Professor Zachary Price (UC Hastings College of the Law) discusses why courts should be wary of overstating the reliance inter...
What does the 9th Circuit's unwinding of a multi-state class action settlement against Hyundai augur for future nationwide sui...
Administrative/Regulatory, Constitutional Law, Securities, U.S. Supreme Court
'Inferior Officers,' Extraordinary Stakes
SCOTUS will soon consider whether Securities and Exchange Commission administrative law judges have been duly appointed, casti...
9th U.S. Circuit Court of Appeals, Constitutional Law, Government, Immigration, U.S. Supreme Court
Right to Vote v. Right to Purge
As SCOTUS considers Ohio's program to notice and then purge inactive voters from the state's registry, opposing amici Robert P...
A violent chemistry lab stabbing prompts California's high court to reconsider whether state universities owe their students a...
As the California Supreme Court mulls whether compelled DNA swabs of felony arrestees are constitutional, Michael Risher (ACLU...
SCOTUS should use 'China Agritech v. Resh' to clarify that 'American Pipe' tolling does not protect successive class claims, s...
SCOTUS takes on a second partisan gerrymandering case, signaling a willingness to finally brave the thorny legal thicket this ...
As California's aquifers diminish, the state high court clarified Monday just what latitude groundwater management districts h...
As SCOTUS considers the constitutionality of Inter Partes Review, an administrative adjudication meant to streamline patent ch...
Alex Abdo (Knight First Amendment Institute) says the Fourth Amendment can't adequately protect essential freedoms imperiled b...
9th U.S. Circuit Court of Appeals, Constitutional Law, U.S. Supreme Court
Such Inferior Courts?
Under Article III Congress may 'ordain and establish' lower federal courts , but can it direct them to 'promptly dismiss' cert...
In 'Hernandez v. Restoration Hardware,' argued Tuesday, Ryan Wu (Capstone Law APC) says the California Supreme Court has a cha...
As tech titans reckon with disruptive foreign interference, Congress debates the Honest Ads Act, aimed at exposing invidious o...
Various historical drivers created our near-absolute free speech protections; will contemporary forces - fake news, terrorism,...
9th U.S. Circuit Court of Appeals, Constitutional Law, International Law, U.S. Supreme Court
Aliens v. Corporations
As SCOTUS hears arguments in 'Jesner v. Arab Bank,' international law experts Kristin Linsley (Gibson, Dunn & Crutcher) an...
Loyola Law School professor Justin Levitt unpacks this week's SCOTUS arguments on political gerrymandering, and UC Davis Schoo...