In January, the Supreme Court dismissed two cases about Donald Trump’s alleged violations of the Emoluments Clauses, which are the Constitution’s guardrails against presidential corruption. In doing so, the Court forfeited a golden opportunity to clarify just what these mandates mean for future presidents. And, writes Brennan Center Fellow Ciara Torres-Spelliscy, its refusal to rule one way or another may encourage another president to brazenly leverage his or her power for profit. // Read More

“We need to fix voting rights and election systems in 2021,” writes Brennan Center Fellow Andrew Cohen, “because things will likely only get worse in 2022.” How to do it: enact the For the People Act and John Lewis Voting Rights Advancement Act, which will both help insulate the nation from the sort of shady tactics that marked the run-up to the November election and the baseless conspiracy theories that emerged in the wake of the vote. // Read More

Despite efforts to shrink it, New York’s prison infrastructure is one of the largest in the country, with more than 40,000 people behind bars and another 337,000 who have spent time in prison at some point in their lives. This creates enormous, lasting consequences for impacted individuals, families, and communities. Time spent in prison can reduce a person’s lifetime earning potential by half a million dollars. In New York State alone, imprisonment translates to nearly $2 billion annually in reduced earnings, overwhelmingly extracted from Black and Latino communities. In a new report, Ames Grawert, Cameron Kimble, and Jackie Fielding break down the economic ramifications of mass incarceration in New York and explore potential reforms. // Read More

In deciding its first cases, the Facebook Oversight Board overturned five out of six of the company’s decisions to remove content. Many of the issues raised by the board reflect long-standing criticisms about Facebook’s content-moderation scheme, including the company’s use of automated removal systems, its vague rules and unclear explanations of its decisions, and the need for proportionate enforcement. Facebook’s inability to enact a clear, consistent, and transparent content-moderation policy may well lead the board to overturn Facebook’s decision to bar Trump from the platform, write Laura Hecht-Felella and Faiza Patel. // Just Security

• VIRTUAL EVENT: Behind the Bench: The Treatment and Selection of Law Clerks
  Thursday, March 4 & Friday, March 5 | 1:00 p.m.–2:15 p.m. ET
  The judiciary isn’t only a legal institution — it’s an employer, and clerkships are often a pipeline to leadership positions in the law. Two panels will look at issues related to diversity, equity, and inclusion in the courts. On Thursday, March 4, a panel will address sexual and other forms of harassment in the judiciary, and on Friday, March 5, a panel will discuss diversity and law clerk hiring. RSVP for Day 1 and Day 2.
  Each event day (March 4 and 5) has been approved for New York State CLE credits. For questions email [email protected].
  This event is co-sponsored by the National Women’s Law Center, the NYU Law Review, the American Constitution Society at NYU LAW, Latinx Law Students Association at NYU Law, and the Black Allied Law Students Association.

• Michael German on the FBI’s use of drug prosecutions to recruit informants // Intercept
• Ames Grawert on why New York needs parole reform // NY Daily News
• Michael Li on the upcoming redistricting cycle // NBC News
• Taryn Merkl on law enforcement and the insurrection // ABC News
• Faiza Patel on why violent extremists shouldn’t be designated as domestic terrorists // ABC News
• Myrna Pérez on proposed voting laws in state legislatures // Philadelphia Inquirer