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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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My Writings, Speeches, Media, and other Accomplishments in 2017

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In 2017, I published (or have placed) 6 law review articles, delivered 7 academic presentations, given 50 lectures, written 62 pieces of commentary, and had 461 media hits. In addition, I released the Third Edition of Barnett/Blackman constitutional law casebook and a paperback edition of Unraveled. Plus, I have been involved in the Emoluments Clauses litigation , as well as the ongoing Defense Distributed litigation. Of course, these activities were on top of teaching two sections of Constitutional Law, one section of Property I, and one section of Property II. This was, by far, my busiest year to date. In contrast, in 2016, I had 35 pieces of commentary and 180 media hits. I look forward to an even greater 2018. All of my accomplishments since 2009 can be found on my CV . Law Review Articles Self-Plagiarism , 45 Florida State Law Review __ (2018). Presidential Maladministration , 2018 Illinois Law Review __ (2018) Predicting the Behavior of the Supreme Court of the United...
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