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Constitutional Law & Civil Rights

Analysis by J.R. Howell of constitutional protections, civil rights, judicial authority and the legal limits on public and private power.

SDNY Blocks Part of New York’s Algorithmic Rent Law on First Amendment Grounds in RealPage, Inc. v. James

The article examines the preliminary injunction against one provision of New York’s algorithmic rent law. It distinguishes pricing advice from actual anticompetitive agreements and considers the unresolved basis for facial relief.

The Ninth Circuit Revives a White Employee’s Harassment Claims in Diemert v. City of Seattle

The article examines the Ninth Circuit’s treatment of Diemert’s workplace harassment claims and the history of individual protection under civil rights law. It distinguishes the surviving claims from findings of liability.

D.C. Circuit Holds in Anthropic v. Department of War That AI Use Limitations Are A Security Risk

The article examines the divided D.C. Circuit decision concerning Anthropic’s supply chain exclusion. It considers model-enforced use restrictions, the statutory disagreement and the possible consequences for government technology vendors.

Why the Ninth Circuit's Kalshi Decision Matters More for Antitrust Than for Sports Betting

The essay examines tribal gaming rights and federal regulatory authority in the Kalshi litigation. It applies the author’s proposed domination test to argue that market power should be assessed through public accountability as well as price and output.

Call for Amicus Support

Counsel for the appellant invites amicus participation in an appeal concerning the use of cryopreserved embryos. The page sets out the appellant’s constitutional arguments and provides background, case documents and contact information.

Preemption: The White House AI Framework’s Real Design

The essay analyzes the White House’s proposed AI framework and argues that preemption could reduce state oversight without creating equivalent federal duties. It considers developer liability, market concentration and contract protections.

When Courts Adopt AI in the Dark: Privacy, Legitimacy, and the Democratic Stakes of Los Angeles’s Learned Hand Experiment

The article examines a court’s adoption of generative AI for judicial work. It considers privacy, disclosure and the risk that automated summaries and drafts can influence independent judgment before a judge reviews the result.

Supreme Court Holds Yearsley Is a Merits Defense, Not Immunity

The article examines the Supreme Court’s treatment of the Yearsley defense and the distinction between immunity and a defense on the merits. It considers the consequences for government contractors seeking immediate appellate review.