Danforth v. Minnesota — a correction.

I've made a correction to this old post about Danforth v. Minnesota , the case about the retroactivity of federal constitutional law do...

Today at Stanford Law School: "How Blogs Impact Legal Discourse."

I'll be on this panel at Stanford today, along with Larry Solum , Eric Goldman , David Friedma n, and Joe Gratz . Jonathan Zittrain wi...

When the Supreme Court announces a "new rule" of constitutional law, does that mean the right it articulates did not exist in the past?

Yesterday, we were talking about Danforth v. Minnesota , and now the transcript of the oral argument is available ( PDF ). Let's dig in...

Can state courts choose to apply new rules of federal constitutional law retroactively?

The Supreme Court hears oral argument today in Danforth v. Minnesota , which is a fascinating federalism case. Under Teague v. Lane , feder...

Justice Thomas drives south, "drinking beer and watching other cars slide off the road and crash into one another."

In the Fall of 1980, Clarence Thomas is working for the Republican Senator Danforth, and he's just registered as a Republican for the fi...