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The WSJ has an interesting article today on the Target credit card security breach. As the article notes, the US card system is less secure than elsewhere in the world, most notably Europe, which has a “chip and PIN” system, which has a computer chip embedded in the card and requires the purchaser to insert a PIN […]

Here are some speaking engagements I will be doing in the next two weeks: Thursday, January 22: I will be delivering the annual Brennan Lecture at Oklahoma City University. My topic (picked because it interested the organizers) is “NFIB v. Sebelius and the Constitutional Debate Over Federalism.” Perhaps Justice William Brennan would turn over in […]

I just wanted to thank the many people who helped me with Obsidian Finance v. Cox: Benjamin Souede of Angeli Ungar Law Group LLC, our pro bono local counsel for the motion for new trial in district court and for the motion to block plaintiff’s zany attempt to seize the appeal rights. Mayer Brown LLP, […]

So reports the Washington Post (thanks to Prof. Howard (Friedman) Religion Clause for the pointer): A Germantown mother and another woman accused of killing two toddlers and trying to kill two other children believed that they were releasing demonic spirits that had possessed the siblings, Montgomery County police said Saturday. The two dead children — […]

My thanks again to the VC for lending me the podium this week to talk about The Conscience of The Constitution. I hope you’ll join me—in person or online—on January 30, when I speak about the book at the Cato Institute’s book forum. Then I’ll be participating in February’s Cato Unbound to discuss the debate […]

I have a few upcoming talks that are open to the public and may be of interest to VC readers. On January 21, at noon, I will be speaking at the National Constitution Center’s “Affordable Care Act Town Hall” with Simon Lazarus of the Constitutional Accountability Center.  Jeff Rosen will moderate our discussion of continuing […]

Jess Bravin has a report that could be of great interest to the VC readership’s Belieber contingent: The justices Friday agreed to decide when searching a cellphone requires a warrant—the very kind of evidence that Los Angeles County sheriff’s deputies believe could link the “Believe” singer to the egging of a neighbor’s house. Deputies searched Mr. […]

Today the Supreme Court agreed to hear both of the pending cell-phone search cases; as explained here, one case, Wurie, involves an old-style flip-phone, and the second, Riley, involves a modern smart phone. The Court modified the Questions Presented in Riley to match that in Wurie, so the question presented in both is “[w]hether evidence […]

I’ve noted previously, I have a forthcoming paper with former Comptroller of the Currency Robert Clarke that examines competition between payday lending and bank overdraft protection. The central point is easy to grasp–payday lending and overdraft protection are products offered by different providers but which compete for the same customers. And evidence indicates that in […]

I’ve been following with fascination the overwhelming evidence about brain injuries caused by football. On the one hand, I believe in individual autonomy. On the other hand, I’m not really a fan of football. But I also don’t favor paternalistic policies that limit individuals from undertaking calculated risks. And yet, what about undisclosed risks? All […]

Today the U.S. Court of Appeals for the D.C. Circuit issued an interesting opinion in Autor v. Pritzker.  Here’s how Judge Tatel summarized his opinion for the court: President Obama, seeking to reduce the “culture of special interest access,” directed executive agency heads to bar federally registered lobbyists from serving on advisory committees. Appellants, federally […]

If I understand Obama’s new policy on Section 215, he is going to have the Executive Branch ask the judges on the Foreign Intelligence Surveillance Court (FISC) to begin to limit when the Executive can query the Section 215 database. That is, he will ask the judiciary to take on a new power to limit […]

I’m going to try live blogging the President’s remarks today on NSA.  I’ve never done this before, so don’t be surprised if the whole thing comes crashing down in the middle. 11:15:  The President gives us a few history lessons and a tour of intelligence policies of the last quarter century. 11:19 The President summarizes […]