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How much went right with last Tuesday's midterm election? A lot. → Read More
One law professor says violations by employers should carry ‘the real threat of imprisonment.’ → Read More
In a setback for principles of liberty, Florida forbids private businesses from requiring COVID vaccine credentials as a condition of service. → Read More
To address police misconduct, much more is needed than a willingness to press criminal prosecution in the worst cases. → Read More
H.R. 1 is a sprawling omnibus bill asserting new federal government authority in dozens of areas. Calling it a “voting rights bill” is misleading at best. → Read More
Trial lawyers are eager to sue businesses for scanning foreheads and letting older employees work from home. → Read More
The president of the United States has no lawful authority to reverse or suspend the outcome of an election by sending in the military or invoking martial law or the Insurrection Act. → Read More
Could a state legislature intervene to prescribe its own slate of presidential electors rather than letting voters make the choice? In theory, yes — but not in the circumstances that follow Election Day 2020. → Read More
The Supreme Court is being asked to decide whether a religious agency has a right to participate in the city of Philadelphia’s foster care program while declining to carry out home studies for same‐sex fostering couples. → Read More
The Supreme Court is being asked to decide whether a religious agency has a right to participate in the city of Philadelphia’s foster care program while declining to carry out home studies for same‐sex fostering couples. → Read More
The city of Seattle actively assisted protesters to occupy a commercial and residential neighborhood for weeks. A taking for which fair compensation is due? → Read More
Whatever you think of the politics, packing the Supreme Court would be bad for the law itself — bad for the efficiency and quality of the court’s work, bad for its credibility and public legitimacy. → Read More
Her employment‐law jurisprudence hews closely to precedent handed down by the Supreme Court. → Read More
Minneapolis won’t let riot‐torn businesses install protective security shutters. Philadelphia won’t let corner sandwich shops use acrylic partitions to protect themselves against robbery. It doesn’t take a libertarian to spot the pattern here. → Read More
Mr. Trump erodes public trust and embarrasses his office. Join me in not voting for him. → Read More
Featuring Patrick G. Eddington, Walter Olson, and Caleb O. Brown → Read More
The Supreme Court vigorously agrees that states may fine or otherwise punish Electoral College electors who “go rogue.” The court added that there are limits to the restrictions. Walter Olson comments on the context and history of the decision. → Read More
“Buddymandering” is the widespread map‐related misconduct that’s wrecking our elections. → Read More
I published the first Overlawyered post on July 1, 1999, and I expect this post on May 31, 2020 will be the last. As someone in the entertainment world once put it, “Leave before they want yo… → Read More
Overlawyered always prided itself on having usable archives, and I would often hear from writers, attorneys, and others who had been alerted to cases or issues by our old posts or had found them us… → Read More