Leading advocate for diversity in legal industry hasn’t seen much progress in 10 years

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Commentary, Media Hits, and Events (March 5 – May 30)

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Here are my commentaries, media hits, and speaking engagements from March 5, 2018 through May 30, 2018. The bulk of these hits concern the CUNY protest, as well as the travel ban.   Articles Defiance and Surrender , 59 So. Texas L. Rev. (2018).   Commentary Conservative and Libertarian Lawyers in the Era of Trump , Lawfare (May 29, 2018). Dueling Cosmic Injunctions, DACA and Departmentalism , Lawfare (May 22, 2018). The Easy Way Forward on Trump v. Hawaii , Lawfare (Apr. 25, 2018). CUNY Law students heckled my talk on campus free speech , NY Daily News (Apr. 21, 2018). Students at CUNY Law Protested and Heckled My Lecture about Free Speech on Campus , National Review (Apr. 12, 2018). Testing California’s “Sanctuary Law,” Wall Street Journal (Mar. 13, 2018) (with Ilya Shapiro) ( Reproduction ). Analysis of IRAP v. Trump Part I: The Fourth Circuit’s Reliance on Pre- and Post-Inauguration Statement s, Lawfare (May 27, 2017). Analysis of IRAP v. Trump Part II: Th...
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Crime and punishment roundup

Fiasco of Cliven Bundy prosecution points up that even those who break the law are entitled to a fair trial. “In the Bundy case, Judge Navarro slammed the FBI for withholding key evidence. Unfortunately, this seems to be standard procedure for the FBI.” [ James Bovard, USA Today ; Mark Joseph Stern, Slate ; earlier ] Don’t undermine structural protection Double Jeopardy Clause provides against prosecutorial overreach [ Jay Schweikert on Cato amicus brief in Currier v. Virginia] Case gives SCOTUS chance to reconsider “dual sovereignty” exception to Double Jeopardy Clause [ Ilya Shapiro on Cato certiorari brief in Gamble v. U.S.] “The room he was in happened to fall within 572 feet of a park and 872 feet of a school,” within the 1000 feet set by Tennessee law, result misery [ C.J. Ciaramella and Lauren Krisai, Reason (“Drug-free school zone laws are rarely if ever used to prosecute sales of drugs to minors. Such cases are largely a figment of our popular imagination.”)] Missed la...
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Publications, Presentations, Commentary, and Media in 2018

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This post will highlight my accomplishments in 2018. In the past year, I published (or will publish) 9 articles, gave 17 academic presentations, delivered 65 other presentations, wrote 29 commentaries, and made 388 media appearances. You can review my new-and-improved C.V. , which spans over 80 pages. Publications The Irrepressible Myths of Cooper v. Aaron , 107 Georgetown Law Journal __ (Forthcoming 2019) Undone: The New Constitutional Challenge to Obamacare , 23 Texas Review of Law & Politics __ (Forthcoming 2019). The Once and Future Privileges or Immunities Clause , 25 George Mason Law Review __ (Forthcoming 2019) (with Ilya Shapiro). Self-Plagiarism , 45 Florida State Law Review __ (Forthcoming 2019). Remembering Professor Ronald Rotunda , Chapman Law Review (Forthcoming 2019). The Travel Bans , 2017-18 Cato Supreme Court Review 29 (2018). The Domestic Establishment Clause , 23 Roger Williams Law Review 345 (2018). Defiance and Surrender , 59 South Texas Law Rev. 15...
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