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The fourth amendment should be interpreted with its full contextual meaning, with specific attention given to the meaning of the word "search."
The post The Fourth Amendment and General Law: Not Textual Enough appeared first on American Enterprise Institute - AEI.

with implications for the pending Supreme Court case of United States v. Rahimi

For now, doctors who end pregnancies when a woman's life is at risk can still be prosecuted.

Introduction One of the key ideas in contemporary economic theory in general and law and economics in particular is the social welfare function. Law students without a background in economics might be put off by the fact that social welfare...

The law that Attorney General Letitia James used to sue the former president does not require proof that anyone was injured by his financial dishonesty.

Both the state attorney general and the state legislature declined to defend the law in court after the ACLU of Arizona and news media organizations sued to overturn it.

Former Deputy Attorney General Sally Yates, in an extended conversation with David Axelrod from the Axe Files TV show on CNN, talks about her formative experiences in the law as well as her tenure as acting Attorney General and the legal travails of the Trump administration.
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Richard W. Painter (University of Minnesota Law School) has posted SCOTUS House: Can a Supreme Court Ethics Lawyer and Inspector General Help Get this Fraternity under Control on SSRN. Here is the abstract: In 2023, the United States Supreme Court...

A major tweak that the Louisiana Legislature should
make to its recent changes to candidate qualifying for certain offices would
prevent "sore losers" from trying to game the system.

Earlier
this year, the state instituted semi-closed primary elections to determine
partisan general election candidates, essentially nominating them for office.
Starting in 2026, this will apply to all federal legislative candidates as well
as members of plenary statewide executive and judicial bodies. The law will make
parties award nominations thus eligibility to run in the general election using
their labels, where they can be joined by candidates not from a recognized
party – currently the two major plus Greens, Libertarian, and Independent –
on the general election ballot. In these primaries, only party members and any
no party registrants who choose only on party's ballot may participate.

But the law doesn't prevent someone from running
in a party primary who loses then to run in the general election under any
label other than recognized parties' or as no party. This subverts the idea of preventing
other parties' registrants to determine a party's sole general election participant,
even if the loser runs under another or without a label.

In American election law, three
approaches try to prohibit this end-around for defeated partisan
candidates. One requires candidate qualification some time prior to party primaries
as a non-recognized partisan in order to participate in the general election.
However, these kinds of laws run into constitutional problems because the
judiciary sees excessive time gaps between qualifying and electing as beyond
administrative needs (such as ballot preparation) thus becoming impediments to
electoral participation, and have ruled such laws unconstitutional. If
implemented in Louisiana, the months-long gap for regular elections between
primary and general almost certainly would cause such a restriction to be
declared unconstitutional.

A variation to this stands on much firmer ground.
Disaffiliation statutes create a prior time limit that a person must have
registered with a party to vote in order to participate in that party's primary,
as a voter or to qualify as a candidate (the state can link the two by requiring
qualification under the label as registered prior to the disaffiliation
length). If a prospective candidate does not choose a party label by then, he
cannot run in the primary and his only option is to run in the general election
not using the label of a party that had a primary for nomination.

Previous judicial rulings have invalidated a length
of 23 months, calling this disenfranchisement, but have accepted a length as
long as a year. Thus, if Louisiana were to enact something like this, that
would mean a candidate would have to have register under a recognized party
label a year before the primary election and subsequently couldn't switch to an
unrecognized or no party label for the general election.

Note also that a broad disaffiliation statute
could solve the problem of "party shopping" among voters. As things stand, a partisan
voter who wishes to influence another party's nomination could switch a month
before the election to no party and vote in that party's primary, then back. Such
a statute would minimize the amount of "raiding" that could go on subjected onto
the major parties.

Finally, the law very simply could declare that
any candidate who runs in a partisan primary cannot then qualify to run in the
general election in the fall using another or no label. Even something as simple
as an attestation at qualifying that the qualifier must abide the results of
the primary legally could prevent sore losers from running in the general
election.

Maybe best would be a disaffiliation statute
covering both voters and candidates and an explicit sore loser law. Expect introduction
of legislation to these effects to come as soon as this year's regular
legislative session.

We examine why the UN Security Council failed to pass a resolution addressing the horrific Gaza conflict, the success of the UN General Assembly in calling for an immediate humanitarian truce and the urgent need for western countries, including Canada, to stop shielding Israel from its ongoing grave breaches of international law.

With the view of potentially revising how the EU Council's Annual Rule of Law, the Spanish Presidency of the Council had sent out a "questionnaire for the Member States on the evaluation of the Council's annual rule of law dialogue. The provided answers will inform conclusions to be adopted following the General Affairs Council scheduled for 12 December 2023. Following the disclosure of the MS' answers to this questionnaire, this post will discuss the added value of this discursive and secretive tool to address systemic threats to or violations of the rule of law. I argue that the answers reveal the dialogue to be an ultimately toothless and partially incoherent exercise that relies excessively on the good faith of its participants and lacks accountability by design.

From the N.J. Attorney General's office, Division on Civil Rights, "Guidance on the New Jersey Law Against Discrimination Following the U.S. Supreme Court's Decision in 303 Creative LLC v. Elenis," released July 26: This enforcement guidance explains how the New Jersey Office of the Attorney General and the Division on Civil Rights (DCR) will apply…

I'm glad to be able to pass along this item from Prof. Candeub (who has written extensively on this general subject): The Texas social media law (H.B. 20) requires the major social media platforms to refrain from discrimination on the basis of viewpoint, thereby allowing those of all political, religious, and social views to participate…

In Making Endless War: The Vietnam and Arab-Israeli Conflicts in the History of International Law, Brian Cuddy and Victor Kattan bring together essays exploring attempts to develop legal rationales for the continued waging of war since 1945, despite the general ban on war decreed through the United Nations Charter. Linked through a nuanced comparative framework, the essays … Continued

A bit lost in the controversy over antisemitic speech on campus is the failure of university administrators to enforce existing rules that are content-neutral. I have already written about my own university's failure to enforce Virginia's law banning masked demonstrations. That failure continues, despite a letter from the state attorney general reminding universities of their…