Law and Farce: The Forced Separation of Families

6/5/18  //  In-Depth Analysis

DOJ’s view is, apparently, that the law requires DHS to separate children from parents when families cross the border together. This post highlights some of the reasons why that's wrong.

Leah Litman

Michigan Law School

Masterpiece Cakeshop And The Entry Ban

6/4/18  //  Quick Reactions

In Masterpiece Cakeshop, Justice Kennedy tells us a lot about why the Court should reject the government's arguments on the First Amendment claim in the entry ban case.

Leah Litman

Michigan Law School

Immigration Sins Of The Past & The Forced Separation Of Families

6/4/18  //  Commentary

The Trump administration's apparent policy of separating children from their parents when families cross the border together highlight some of the abuses and excesses of our immigration system.

Leah Litman

Michigan Law School

Collins v. Virginia And Remedial Shell Games

5/31/18  //  Quick Reactions

The Supreme Court has been engaged in something of a shell game with respect to remedies in cases related to policing.

Leah Litman

Michigan Law School

The Cert Denial in Planned Parenthood v. Jegley

5/30/18  //  Quick Reactions

The Supreme Court's denial of cert in Planned Parenthood v. Jegley raises some concerns.

Leah Litman

Michigan Law School

Making A Murderer Makes Its Way To The Supreme Court

5/29/18  //  Commentary

A currently pending cert petition provides the Court a welcome opportunity to clarify how the voluntariness standard applies to juvenile confessions and juvenile interrogations.

Leah Litman

Michigan Law School

Williams v. Louisiana And The Asymmetric Pursuit of Criminal Justice

5/23/18  //  Quick Reactions

Prosecutors recently agreed to the release of a man wrongfully convicted as a child. But not without a cost.

Leah Litman

Michigan Law School

Legal Innocence and Federal Habeas

5/22/18  //  Commentary

A recent article shows why federal courts can and should revisit the convictions and sentences of many federal prisoners affected by Sessions v. Dimaya.

Leah Litman

Michigan Law School

The Other Guidelines Predicament

5/18/18  //  Commentary

Courts are beginning to address how the Sentencing Guidelines might be affected by Sessions v. Dimaya.

Leah Litman

Michigan Law School

#MeToo: Update on Arbitration-Related Advocacy

5/16/18  //  Quick Reactions

Law students' advocacy led to a powerful letter to law firms recruiting on campus from many different law schools.

Leah Litman

Michigan Law School

Presidential Statements and the Entry Ban

5/10/18  //  Commentary

A different take on how presidential statements or the possibility of them might affect Trump v. Hawaii (the entry ban case).

Leah Litman

Michigan Law School

The Solicitor General's Post-Factual World

5/8/18  //  Commentary

The SG's letter of correction to the Supreme Court says more about the kind of misstatements he will tolerate rather than the kind he won't.

Leah Litman

Michigan Law School

September and/or January 25th (or how the Solicitor General learned to stop worrying and love the President’s disavowal of anti-Muslim animus)

4/30/18  //  Commentary

The Solicitor General is apparently still trying to figure out why the entry ban is constitutional.

Leah Litman

Michigan Law School

#MeToo Paper Series (Part III)

4/24/18  //  Uncategorized

This post, which highlights an academic paper related to #MeToo, is part of a series on #MeToo, sex discrimination, and possible solutions that amount to more than quick fixes.

Leah Litman

Michigan Law School

#MeToo Paper Spotlight (Part II)

4/23/18  //  Commentary

This post, which highlights an academic paper related to #MeToo, is part of a series on #MeToo, sex discrimination, and possible solutions that amount to more than quick fixes.

Leah Litman

Michigan Law School