Monthly Archive: November 2020

Federalist Society Convention Online

Like many events this year, the Federalist Society’s National Lawyers Convention will be online, Monday through Friday of next week, November 9-13. The good news is that you can attend all the talks for free* and without traveling to Washington. The bad news is that we won’t have all the networking in receptions and hallways. There will be no black-tie dinner, where we usually have our most prominent speaker, but Justice Alito will address the convention on Thursday evening. The full agenda is here.

There are an unusual number of panels of interest to criminal law practitioners this year. Continue reading . . .

Protest Organizer Liability for Injury to Police Officer

When is a protest organizer liable under state tort law for injury to a police officer when the protest turns violent? When is such liability blocked by the First Amendment?

The U.S. Supreme Court today summarily vacated and remanded a decision of the U.S. Court of Appeals for the Fifth Circuit. The Court of Appeals had ruled on the constitutional question without first adequately resolving the state law question. Continue reading . . .

Qualified Immunity and Prison Conditions

The U.S. Supreme Court released two summary opinions today. One case involves a suit by a prisoner against corrections officers. A second is a suit by a police officer is against a protest organizer for violence by a protester. Both cases were sent back for further consideration. This post addresses the prison case. Continue reading . . .