#-and juvenile or violent and dangerous. he is quite open with his affection and his fascinations that backup would rather keep secret.

[buttercup-barf]

Under the cut are mostly self-insert doodles of decreasing quality. Again, not much directly tied to Team Fortress 2. Might as well toss these out while I have no access to my puter. Much yapping under the cut and in the tags incoming.

Another self-insert, this time less of a "here's me as a tenth class" and more of a "here's my game experiences translated into the class I would take the place of". The Cleaner. Although I guess they could still be wearing either suit. It doesn't matter that much.

That one Convict's Case taunt with Backup would be extremely funny, because the man would be on the verge of a breakdown (he does not want to go to jail so bad you have no idea). The second image- I owe no explanation. You know what I am. You see the pattern with my favourites.

The duality of the man. Resting face versus "just heard you express interest in religion/Russian folklore" face. He's not that hard to make friends with, when you pull him away from all the explosions.

Some doodles of trying to figure his face out. Unfortunately, the more I stare at him, the more I worry that he looks like A Certain Guy With The Last Name "Kazarin", and the fear of never being original in my life caught up to me.

Don't look at me, don't perceive me, I refuse to explain any of my actions to you.

[imsorryimlate]

Specific references in Pomegranate Seeds, sorted by chapter

Title of work: Pomegranate Seeds

A reference to the myth of Persephone and Hades, where Hades is the god of the underworld who kidnaps Persephone – the daughter of Demeter, goddess of agriculture and harvest – and makes her queen of the underworld. He gives her a pomegranate to eat, and for every seed she swallows she has to spend a month with Hades in the underworld. During the months she is with Hades, she is gone from her mother, and that’s why autumn and winter exist (since Demeter is grieving the loss of her daughter). Spring and summer are the months when she is back with Demeter, and Demeter is once again happy. The myth has lots of interpretations, but my favourite is the one where it is said to be based on the trauma of both daughter and mother as they are separated when the daughter gets married and enters a new household.

Even though Giorno’s mother didn’t treat him well, her death was most likely traumatic to him. He enters the new household of Dio (Hades) and every time they touch each other in a way that isn’t befitting father and son, one could say that Giorno swallows another pomegranate seed, and it binds him to the underworld. In this case, the underworld would both represent the criminal world, but also the trap of their incestuous relationship that he then cannot leave, should he want to.

No specific references in chapters 1 & 2.

Chapter 3:

Demetra – Giorno’s mother doesn’t have a name in canon, so I made one up. Demetra is the Italian version of Demeter, which is the name of the Greek goddess of agriculture and harvest. The goddess is the mother of Persephone, and the title of this fic – Pomegranate Seeds – is a reference to the myth of Hades and Persephone.

The biblical paintings in the church – John the Baptist (martyr) was beheaded, and Judas (traitor) hung himself. The imagery around Eve, the snake and the red apple, well… depending on how you interpret the story in the Bible, this could mean that the scene doesn’t represent a fall from grace, but rather that it was God’s intention to have humanity step into the broader world.

Dio’s books – I mostly just had a look at my own bookshelf, but I purposely included Nabokov, Machiavelli, and Plato. Nabokov, of course, references his infamous novel Lolita. Machiavelli was an Italian politician and philosopher during the Renaissance, and he’s most famous for his book The Prince, where he gave rulers quite… devious advice, not shying away from unethical and corrupt means. Therefore Machiavelli and the derived term Machiavellian often denotes (political) deceit. And Plato, well, in his text The Symposium he speaks of the ancient practice of pederasty in a very positive manner, and claiming that it is the purest form of love.

Aniara – I picked the book because it’s my sister’s favourite. It is a book-length epic science fiction poem that narrates the tragedy of a large passenger spacecraft carrying a cargo of colonists escaping destruction on Earth veering off course, leaving the Solar System and entering into an existential struggle. This is the “space-travel” Giorno later reflects on while in the bath.

No specific references in chapter 4.

Chapter 5:

The next reference to Machiavelli – Giorno thinks about Machiavelli and the question if it is better to be feared or loved, which is something Machiavelli writes about in his book The Prince, where he states that it is better for a ruler to be feared than loved, if they cannot be both.

No specific references in chapter 6.

Chapter 7:

Reckless – Giorno notes that Dio wants him “recklessly, passionately”. This is one of the two times the word “reckless” is used in this story; the only other time being in the first chapter when Giorno’s mother dies after her car collides with a reckless truck. Dio’s desire for Giorno is tied together with that accident, as if it’s equally dangerous.

Jewel – “Yes, Giorno would like something like that; to show Dio that he was a prized jewel, cut to fit perfectly in the curve of his palm.” This line directly references the Song of Songs 7:1 “Your rounded thighs are like jewels, the work of a master hand.”

Eden – “How truly unfortunate, that the most tempting fruit should be found in the middle of Eden.” The garden of Eden, in the Bible, is where life is first created by God. It can therefore also symbolise family, where life also is created. So what Dio essentially says here is “what a shame the most fuckable person is found in my family”.

Draconic tendencies – Giorno having “draconic tendencies” is a reference to his earlier thoughts about Abbacchio hoarding Bucciarati like a jealous dragon.

Chapter 8:

Buttercups – Giorno picks a bouquet of buttercups for Dio, and buttercups have traditionally been associated with childhood. It is meant to express that Giorno, no matter how mature he himself is convinced that he is, still has a childish edge to his affection. As a fun aside, the Latin name for buttercups is Ranunculus, which means “little frog”.

Leda and the Swan – the painting Dio has in his study. It is, of course, an erotic yet controversial motif in itself, but there are some references to the Greek myth it is based on. In it, Zeus disguises himself as a swan and copulates with Leda. It is not entirely clear if it is by rape or seduction. Zeus, of course, is known for his sexual escapades, his violent temper and jealousy, but here he disguises himself as a swan, which is an animal that in European culture often has symbolised love and fidelity. This story of a shady person disguising himself as someone loving, to enter a relationship where consent is dubious at best, well… I think the implications are clear. As a fun aside, the name Zeus and the name Dio are directly connected.

Uneasy lies the head – the whole quote is “uneasy lies the head that wears a crown”, a saying from Shakespeare’s play Henry IV, Part 2, meaning that someone with great responsibilities won’t be able to rest properly.

The prodigal son – it’s a reference to a parable in the Bible, from Luke 15:11-32. The story goes that a son requests his inheritance early, spends it all irresponsibly, and then returns home to beg his father to let him work for him. His father, however, welcomes him home with open arms and throws a feast, which indicates that he has hopefully waiting for the son to return.

Nakedness – the scene in Giorno’s room, where he lowers his duvet to display his “nakedness”, the word choice here is important. Except for Genesis 42, all biblical occurrences of the common idiom ”to see the nakedness of” or “to uncover the nakedness of” are explicitly sexual, usually referring to incest. The Classical Hebrew word 'erwā is not “nudity” but “nakedness”, in the sense of something that is unseemly or improper to look at or expose; often used to denote forbidden sexual relations.

Chapter 9:

Wine-dark – Dio’s eyes are described as wine-dark, which is a reference to the use of “wine-dark sea” in Homer. It’s an epithet used in the Iliad and the Odyssey, of uncertain meaning. What exactly does it mean that the sea is “wine-dark”? Is it a reference to the stormy sea being unpredictable, like someone who’s drunk on wine? Or does it tell us something about how ancient Greeks perceived colours, where maybe depth and opacity levels were more important than hues?

Ambrosia – Giorno compares the taste of Dio’s seed to ambrosia, which is the food and drink of the gods in Greek mythology.

Lollipop – Giorno is sucking on a lollipop while he’s out shopping. This is a shameless reference to the most culturally recognised image of Nabokov’s Lolita, where Sue Lyon, the actress who portrayed the character Lolita in Stanley Kubrick’s film adaption of the novel, is sucking on a red lollipop while wearing heart-shaped sunglasses. It’s worth noting, however, that the character Lolita doesn’t eat a lollipop in the novel or Kubrick’s film, and the images were only used for promotion. Either way, the lollipop has nonetheless become a symbol for playful, youthful temptation.

No specific references in chapter 10.

Chapter 11:

Dio’s alarming beauty – Giorno reflects on how beautiful Dio is, that he is alarmingly beautiful. This is a reference to a quote from The Secret History by Donna Tartt: “Beauty is rarely soft or consolatory. Quite the contrary. Genuine beauty is always quite alarming.”

Chapter 12:

Kisses – there’s a lot of descriptions of kissing in the beginning of this chapter, and it is all a reference to the biblical book Song of Songs. “Honey-sweet kisses that melted his tongue” is a reference to Song of Songs 4:11 “honey and milk are under your tongue”. On a more complicated note… “those kisses, Giorno drank them from his mouth like they were life-giving water” is a reference to Song of Songs 1:2 that should be “I want to drink kisses from his mouth”, however, most translations will read “let him kiss me with the kisses of his mouth”. It’s really complicated as to why I and others would translate it differently, but in general it has to do with the manuscript and the Masoretic editors’ vocalisation, which in turn has a lot to do with evaluating Classical Hebrew grammar and poetic conventions… I am going to spare you that lecture, but I still wanted to let you know that you won’t find that wording in most English translations of the Bible.

The garden, Eden, and juvenile sex – this all ties together. The garden of Eden is, in the Bible, where life is created and before “the fall of man”, it is a place of peace and innocence. Now, it might seem strange to refer to innocence in a story like this, but there still is a certain kind of innocence to their relationship, especially on Giorno’s end. They are described as “easy and unafraid, in full view of God”, which again is a reference to the biblical creation story; after “the fall of man”, when Adam and Eve have sinned, they are suddenly afraid of God and tries to hide from him, and for the first time shield their nudity, since they have now lost that innocence. So, Dio and Giorno being unafraid in full view of God is another reference to them being fairly innocent. At least that’s how Giorno conceptualises it.

Satyriasis – a word for excessive sexual desire, and an outdated term for hypersexuality. The word was developed in relation to the satyrs of Greek mythology, who were lustful woodland gods.

Nipple play – Giorno sucking on Dio’s tits, well… quite obvious reference, but if you missed it; it’s a reference to breastfeeding and nourishment.

Sunlight – in Stardust Crusaders, Dio tells Polnareff that he too has pain in his life because he can never see the sunlight, since he is a vampire. In this story, Dio isn’t a vampire, but I still wanted to include this pain. Dio’s love for the sunshine, and the depravation of it in his childhood, is my attempt to reconceptualise it.

Chapter 13:

Ice cream – elder flower sorbet has a tendency to taste like laundry detergent if you’re not careful, so Mista definitely picked the wrong flavour that time.

Know thy enemy – “know thy enemy” is a famous quote from The Art of War by Sun Tzu.

Chapter 14:

Paradise burning – more Eden references, they never truly stop.

Loins – in Classical Hebrew, one specifically emphasises that a child has sprung from someone’s loins to indicate that it is a biological child rather than an adopted one.

Deadly sins – Giorno notes that one of the seven deadly sins, sloth (that is, excessive laziness and indifference), doesn’t come as naturally to him as others would (such as lust or pride).

Know thy self – another reference to the famous quote of Sun Tzu’s The Art of War.

Companion – Giorno thinks about how the universe has blessed Dio with a companion that can keep up with him, which is a subtle reference to the creation myth in the Bible. There, God creates the first human, Adam. Adam attempts to find a companion amongst the other creatures, but cannot find an equal until God creates another human – incidentally, God creates another human from Adam (by his rib), which of course parallels with Giorno being created from Dio, since he is his biological child.

Clay – the dream Giorno has of Dio forming him out of clay and breathing life into him is another direct reference to the creation myth in the Bible, where God forms the first human out of clay/soil/dust from the ground and breathes life into his nostrils. Similar creation myths are found in several ancient Near Eastern religions. If you want a little more “fun” fact, the first human is named Adam, a name he gets from the Classical Hebrew word for “man” (as in human – not male), which is adam, and the word for “ground” is adamah, which ties to all together quite nicely.

Nakedness – Dio uncovers Giorno’s nakedness, and just like in chapter 8 it’s a biblical reference. Except for Genesis 42, all biblical occurrences of the common idiom ”to see the nakedness of” or “to uncover the nakedness of” are explicitly sexual, usually referring to incest. The Classical Hebrew word 'erwā is not “nudity” but “nakedness”, in the sense of something that is unseemly or improper to look at or expose; often used to denote forbidden sexual relations.

Chapter 15.

Cuddling – after having breakfast, they cuddle, and their position is described as Giorno resting his head on Dio’s left arm, and Dio draping his other arm over Giorno’s waist. This position is a reference to the biblical book the Song of Songs 2:6 “His left arm is under my head, and his right arm embraces me.”

Angel lust – Dio gets hard after Giorno chokes him, which he says is a perfectly natural reaction to being choked. Which it is! “Angel lust” or “death erection” refers to the phenomenon of men executed by hanging having an erection, because of the increased downward blood flow. After observing this, doctors in the 17th century started prescribing choking sex to men with erectile dysfunction, and that’s partly where erotic asphyxiation comes from.

England – the phrase “lie back and think of England”, alternatively “close your eyes and think of England” is an old-timey reference to unwanted sex that one doesn’t enjoy – specifically used for sex within a marriage, which at least back in the day was more of an economic arrangement than a love affair. Disgustingly, it means “just lie back and endure it”.

Bone of my bones, flesh of my flesh – this is another reference to the creation story in the Bible. The specific verse is Genesis 2:23, when God has created another human to be a worthy companion of the first one. Adam, the first human, has searched for a companion among the animals but been unsuccessful to find an equal. But when he meets the newly created Eve, the second human, he exclaims “At last! This is bone of my bones and flesh of my flesh” (since she was created from his rib). That “at last!” is very sweet – and fits in this story too! Dio has finally found a worthy companion to share his highest highs and deepest lows with.

Chapter 16.

Roses – Giorno buys a bouquet of roses for Dio. This is intended as a contrast to the buttercups he picked for Dio in chapter 8, being that roses are a much more “mature” flower than buttercups, therefore showing that Giorno has matured. Also, the fact that he buys the bouquet of roses while he picked the buttercups indicate a certain loss of simplicity and naturalness in their relationship.

Fin.

[shamelessinnerbeast]

we don't know anything about damon's past in the game, so i'd like to know which kind of background you and your rp partner gave him ? and does he open up at least with chloe about his past ?

Indeed, we don’t know anything about him in Before The Storm. He cruelly lacks depth in my opinion (also the number of scenes he appears in is just ridiculous compared to Jefferson in Life is Strange for example).

He doesn’t speak about his past, not even to Chloe, because he unconsciously is persuaded that giving people some clues about the reasons behind how he is now would make him less “frightening”, would diminish the “Don’t Mess with Damon Merrick”‘s effect if I may say so. Evil with no explanation is scarier than evil with reasons.

As you can guess, nothing happens by chance, especially when you consider how detached Damon is (for example, when he stabs Frank just out of anger and then laughs about it, while Frank is initially supposed to be his best friend. But Damon just doesn’t seem to have any affect.) When he fights him in the junkyard, we could suppose it’s because Damon is literally furious and completely dominated by his blinding anger, but in the burned sawmill he is very calm and jokes about how he hurt Frank, clearly showing he doesn’t give a damn in reality.

Considering how he lacks empathy and the ability to develop affect, my friend and I considered it’d be logical for him to have a life fraught with many ruptures, especially emotional ones with no lasting familial environment.

In our last RP, as a resume, he was born from a prostitute and his father was one of the truck drivers who sometimes makes a stop in Arcadia Bay - Damon never actually knew just the name of the man and his mother probably ignored which of her clients happened to be his father too.

When he was 4 years old, Damon was taken away from his mother, who went to jail, by the local social services. Despite not presenting wounds, no sign of physical abuse, he was in a general bad state, mentally and physically, and was already very agitated for a 4-year-old child. He remained in foster-care facility until a family finally adopted him, when he was 5 years old.

The family who had welcomed him so warmly decided one year later to bring him back to the foster-care facility, as they had no idea how to deal with his early crises - Damon already couldn’t tolerate frustration and reacted quite violently, especially biting and hitting his foster younger brother on any occasion and adopting a constant hostile attitude towards him.

At the foster-care facility, Damon’s attitude got way worse and he was very often punished (including physical punishments that produced less and less effect on him to the point he didn’t care at all anymore about feeling pain). He also had to be frequently isolated and put away from the other children. [His social skills are very poor, even as an adult and it’s extremely difficult for him to picture others as people with feelings and emotions, since no one actually cared about his own feelings throughout his own childhood. By the way, as you can imagine, he never was in a serious relationship before being with Chloe]

This didn’t help him to be adopted again by another family. Finally, a couple brought him to their home when he was 10 years old. They home-schooled him, taught him how to write and read, but Damon always found a way to run away from home, sometimes disappearing for an entire week. When the social services discovered this, they took him away from the family and Damon returned once again to the foster-care facility. At 13, the same thing happened : he was adopted but, this time, attacked his foster father with a kitchen knife, because he initially had refused to obey to a simple normal demand and the argument had escalated quickly…

Over the years, he started spending time with some low-life criminals and, at 15 years old, Damon got arrested for drug possession and robbery with an attempt on a witness. He was tried and convicted, but, considering how young he was, was sent to a juvenile detention center, despite his dangerousness, and was assessed by a psychiatrist who couldn’t get a single thing out of him.

Damon escaped several times from the center between 15 and 18 years old, each time being returned to it after being convicted again for another criminal act. His career, his life, seemed all mapped at this point and he naturally embraced a criminal life when he got freed at 18.

[spartanguard]

footprints

Just a bit of holiday fluff (with a bit of whump) inspired by “Footprints” by the Barenaked Ladies (awesome song from my favorite holiday album by my favorite band).

I hope you all have/had wonderful holidays with your families, and sending you love and warm wishes for the new year! I love you all!!!

Summary: Killian finds himself on the outside looking in (again) sometime between 4x08 and 4x09. But it’ll be okay. What’s a bit of snow when your heart is missing and the woman you love has been chasing a villain?  | rated F for fluff | 2.5k | AO3

One moment, dusk was settling over an unusually quiet Storybrooke—most evenings had been, ever since the Ice Queen’s presence had been made known. Which was probably a good thing, because the next, snow was coming down in droves, almost instantly blanketing the dockside bench Killian had been brooding on.

(Yes, brooding—he was well aware of the immaturity of his present activity, staring out at the graying horizon and sipping from his flask. But what else was one to do when his heart was in the possession of his mortal enemy and his girlfriend—as equally juvenile as that term seemed—was off chasing the villain of the week?)

It took him far too long to notice that his trousers were starting to soak through as the flakes fell on the dark denim and melted, but most sensory things like that had become more and more muted the longer he went without his heart. Perhaps that was a hidden blessing, given the current unpredictable climate.

Despite that, he supposed he should probably seek shelter somewhere—he could easily get to Granny’s before this got any worse. But more importantly, he should make sure Emma had done the same; knowing her, she was still traipsing about town in search of Ingrid.

(She’d invited him along, much to his awful chagrin, and he’d had to come up with some thin excuse to decline the invitation lest, even worse, he be called away by the Crocodile in the middle of things. He was trying not to take Emma’s obvious disappointment personally but, per usual, was failing; thus, the rum.)

Taking one last, long pull of booze in a vain attempt to warm himself—though if it had any affect, he was only faintly aware—he then pocketed the flask and stood, brushing off the snow where it had piled on his shoulders, and headed back toward the town centre.

It seemed as though most people had already been inside when the storm hit as the sidewalks and streets were coated with the smoothest sheet of snow he’d seen since arriving in this realm, completely untouched by humans nor vehicles. Really, his only guiding point in the frozen tempest was the warm, bright light in front of Granny’s, so he followed the beacon until he could decide what to do next.

The decision was made for him when he saw the lone set of footprints leaving the diner: a smallish set of imprints made by treaded boots that he immediately recognized as Emma’s. They’d spent far too much time tracking through snow and mud together; he’d recognize those indentations and that gait anywhere. Judging by how far apart they were, and how sharp, he could tell they were recent—and she’d been in a frustrated hurry.

Given that the fast-falling snow hadn’t yet covered them up, that meant she was likely still outside—and, knowing her, likely trying to find Ingrid. So he headed off, having no choice now but to follow alongside the steps to make sure his stubborn princess wouldn’t freeze to death while likely saving everyone’s arses; she’d already almost done that once.

He quickly fell into step with her, despite her being an unknown distance ahead. Still, were someone to observe just their footprints, his larger ones next to hers, perfectly in sync, they might suppose they’d been side by side. With as close as he was staying to her trail, lest he lose it, there might even be the suggestion of being hand-in-hand or arm-in-arm; they hadn’t been quite so public with their relationship as of yet, but the idea of someday still made him smile.

Until a phantom pain gripped his hollow chest cavity, drawing a sharp gasp and stopping him in his tracks. It happened periodically; he wasn’t sure if the Dark One did it on purpose as a reminder or if it was incidental to his heart jostling around in a coat pocket. Another thing he’d learned to brush off, citing heartburn from Granny’s food (and earning the old wolf’s ire but that could be dealt with later, assuming he survived this ordeal).

The weight of his unknown fate resettled on him as he took off again. Based on his knowledge of the stars, the celestial event Rumpelstiltskin was waiting for was still a few days away, but that was all he knew for sure. Being unable to plan ahead more than an hour at a time and having little control over his life wasn’t a feeling he was remotely comfortable with.

But he could control this—he could ensure Emma was safe and warm, and his own piece of mind at the same time.

The storm raged on as he continued. His gaze was so focused on Emma’s prints that he wasn’t paying attention to the landmarks around him, not until he realized he was on the same street she lived. Sure enough, the steps were leading him to the loft. He let out a grateful sigh and hurried ahead, watching as the echo of her steps ran right to the front door of the building.

Some instinct had him reaching for the door knob once he hit the landing, but he forced himself to stop short; this wasn’t the right time for a social visit, as much as he found himself craving company (which was an equally odd emotion he hadn’t felt in some years; how strange that other feelings dimmed without his heart in place, yet nearly foreign ones managed to resurface).

Instead, he backed away, crossing the empty street and then looking up. A warm glow came from all the windows in the building, but the Charming’s loft seemed to be the brightest—though it might have had something to do with the blonde head he could see in the living room window. He could only see her back where she sat on the sofa, but from the way she was sitting, knew she was likely helping Henry with homework while enjoying her cocoa and cinnamon.

In the next window, he could make out Snow with the young prince held against her chest, her swaying motion suggesting she was lulling him to sleep. And David was no doubt hovering over the entire space, making sure everyone was safe.

He smiled. Emma had denied herself that kind of comfort and happiness for far too long. Though it had been centuries since he’d felt anything similar, he hadn’t forgotten what it felt like—that kind of warm familial love and trust, and he hoped beyond hope that she was no longer taking it for granted.

That deeply buried part of him started to ache the longer he watched the family, much like it had when his lips were cursed and he had to force himself to stay away. (What was with this town’s villains and their obsession with the parts of him used to show affection?) And much like then, he knew his distance was twofold: mainly to keep them safe from any dangerous puppetry that he was unwillingly being conscripted into; but also because he knew it was his own damn fault for being put into such perilous positions and, frankly, he didn’t deserve that kind of peace. But Emma did.

He lost track of how long he was outside watching in, the snow still falling around him and filling in both Emma’s footprints and his own, but he was oblivious to the world outside the small circle illuminated by the street lamp above and the view he had of the Charming home. It wasn’t until he was swaying on his feet, instinctively reaching for the lamppost to maintain balance, that he became aware of encroaching drowsiness.

It was that same sluggish feeling that usually accompanied too much rum and made his blood slow in his veins, even though he thought he was completely sober. But he still found himself unable to remain upright, falling to his knees in the piling drifts and struggling to keep his eyes open.

Was this some other trick of the Crocodile’s? Or was he truly that unaware of how much he’d imbibed? Either way, he somehow managed to prop himself against the post before his eyes shut again. The last thing he remembered seeing was the light coming on in Emma’s bedroom window, and then everything went black—but at least she was okay.

The next thing he knew, he was being brutally shaken awake—at least, it seemed violent; it might have been gentle, but was jarring nonetheless.

“Killian?” a panicked voice called out; it sounded familiar, but he couldn’t get his eyes open to place it. “Killian, answer me!”

He tried to move but it felt like he was frozen in place. Everything was cold and numb.

“Killian, you can’t do this to me again!” The voice sounded so sad; he wanted to help her, but his muscles wouldn’t cooperate.

“God, he’s nearly covered in snow,” a male voice added, and Killian was vaguely aware that he was being jostled, but more mildly this time.

Snow...oh, right, the storm, and...Emma.

Despite the lag in the rest of his body, his eyes shot open when everything came back to him—and the sight before him both broke his missing heart and made it soar, wherever it was.

Emma hovered above him, hands cupping his cheeks and tears brimming her eyes beneath the knit hat she’d hastily thrown on. But she looked radiant—angelic, almost, with the halo of light from the streetlamp glowing on the melted drops of snow on her cap. Flakes landed in her golden hair and glinted like fairy lights. No wonder the Snow Queen was after her; she looked beautifully in her element here, save for the worried furrow of her brow.

“H-hey, beautiful,” he managed to stutter out.

Her face relaxed, but only a bit. “Killian? What are you doing out here?” A tear was dangerously close to falling on that perfect cheek.

“D-don’t cry, Swan,” he stammered, and managed to free a hand to reach for her face, but fell short. “Don’t wanna...f-freeze your eyes shut.” Even frozen solid as he was, deflection was always his preferred front.

She choked on a sob. “Seriously? Your lips are the same color as your eyes and you’re telling me to be careful?” Anger quickly replaced her fear. “What the hell were you thinking, Killian? You should have been inside!”

“H-had to make sure you were okay,” he admitted, not having the energy anymore to lie. “Not off...ch-chasing the witch.”

“That’s no reason to risk your life. You’re freezing; how are you not dead?”

He let out a shallow chuckle at that; he suspected this was truly the lone perk to not having his heart. “Don’t think I c-could right now.”

“Uh-huh. Sure. You’re not as immortal as you think, buddy.” He fatalistically snorted at that. “Come on; we need to get you inside.” She rubbed her mittened hands on his cheeks and then shifted to grab under his arm. David suddenly appeared to take the other one as they hauled him to his feet, thus explaining the male voice he’d heard; odd how such familiar things sound foreign when one’s faculties are out of sorts. It felt like his legs were miles away, but he managed to get them underneath him, and they began the slow trek to the building.

“Next time, just knock, Hook,” David muttered once they reached the door. “No need to play the hero from afar.”

Hero. He wanted to scoff but his muscles wouldn’t cooperate. That was far from a fair description of him, but he didn’t have the drive to protest. So he settled on, “Didn’t want to...intrude.”

“Hey,” Emma told him as they took the stairs. “You’re only intruding if you’re not welcome, and you’re far from that. You’re one of us now; got it?”

If he wasn’t actually half frozen, that statement alone would have done the trick. He supposed he shouldn’t be so shocked, but knowing it and hearing it were two different things. There was still snow caught in his hair and his toes were still numb, but Emma had just done a fair job of warming the gaping hole in his chest. “Aye, love; I do.”

In an echo of a scene not two weeks prior, Killian became the one under blankets in the loft, being doted on by Emma, with Henry being the heroic provider of the space heater as he was forced into residence on the sofa previously occupied the other two.

“I mean it, Killian,” Emma told him as she stroked her fingers through his hair; his scalp (and most of him, really) prickled painfully as sensation returned, but her touch felt too divine to stop her. “We’re here for you. I’m here for you—always.”

And that cozy feeling he’d been missing earlier came roaring back; his cheeks practically burned with blush. He may not have his heart, and may face an unknown fate, but at the very least, it appeared he’d found something of a family again.

The snow was coming down at a fast pace again, but not due to any magical means; just an average winter storm for Maine. Killian watched it fall, this time from the safe, warm perch of the bay window in the home he shared with Emma. Given all that had happened in the few years since they took on the Snow Queen—so many unfathomable highs and lows—it was still a bit hard to believe that this was where he was.

“She’s down, finally,” Emma said softly as she came down the stairs, drawing his attention away from the snowglobe outside. Ethereally beautiful, as always she was, but even more so in the unique light coming from the lit hearth and the lights on the Christmas tree. She sidled up to him and he instinctively wrapped his arm around her. “Whatcha looking at?”

“Nothing important,” he answered, turning his full attention to her. “And nothing so picturesque as what’s in my arms.” Motherhood had softened her features a bit, but had only enhanced her looks as far as he was concerned. How could he be anything but irrevocably in love with the woman who brought into the world the equally magnificent, darling baby girl who was asleep in the nursery upstairs? (Just the most recent item on the list of many, many times she’d rocked his world and saved his life in some way or another.)

“You’re so cheesy,” she teased, but he could see the blush as she leaned into him. Once, he never thought he’d be so lucky to have this—a love, a family (nor such a large, happy one as he had now)—and yet, here he was, living happily ever after with all he could ever need and more. He could still remember the ice in his limbs that one cold night as all his feelings of isolation manifested in that lonely, frozen snow drift, and the almost painful warmth when they brought him inside, physically and metaphorically.

“Thank you, Emma,” he whispered.

“For what?”

“For letting me in.”

She hugged him tighter. “It’s the best thing I’ve ever done.”

He placed a tender kiss against her crown as they continued to watch the snow come down, safe and warm—together.

tagging some awesome people: @kat2609 @thesschesthair @optomisticgirl @fergus80 @xpumpkindumplingx @shipsxahoy @selfie-wench @mryddinwilt @cocohook38 @annytecture @wingedlioness @fairytalesandtimetravel @word-bug @pirateherokillian @bleebug @its-imperator-furiosa @queen-mabs-revenge @flipperbrain @sherlockianwhovian @laschatzi @ive-always-been-a-pirate @jscoutfinch @nfbagelperson @stubble-sandwich​ @killian-whump​ @lenfaz @phiralovesloki @athenascarlet @kmomof4 @ilovemesomekillianjones @whimsicallyenchantedrose @snowbellewells LOVE YOU ALL!!!!

[benrleeusa]

[Eugene Volokh] Short Circuit: A roundup of recent federal court decisions

(Here is the latest edition of the Institute for Justice’s weekly Short Circuit newsletter, written by John Ross.)

Recently, the U.S. Commission on Civil Rights unanimously condemned a new forfeiture policy by Attorney General Jeff Sessions. In USA Today, IJ Communications Associate Nick Sibilla and Colorado Rep. Leslie Herod, who authored a landmark forfeiture reform, describe how states like Colorado are fighting back against federal confiscations.

Environmental groups challenge federal agency’s approval of three new natural-gas pipelines. D.C. Circuit: While the agency assessed the project’s environmental impact, as required by law, that review did not adequately consider the fact that the gas will be burned after reaching its destination and so will contribute to climate change.

Police obtain warrant to search suspect’s home for “all electronic devices.” D.C. Circuit: The warrant was invalid, as police had no reason to think any particular device would be found or would yield useful evidence. Notwithstanding the ubiquity of cell phones in today’s world, police cannot just assume that a suspect has a phone with incriminating data.

First Circuit: “It takes a certain degree of effrontery for an accused person held in pretrial detention to continue to conduct his criminal enterprise over a prison telephone, knowing that prisoner calls are customarily recorded.” You can probably figure out how this turns out.

Citing safety concerns, Oyster Bay, N.Y., cracked down on day laborers and passed an ordinance prohibiting people from flagging down vehicles for the purpose of soliciting employment. But the ordinance exempts flagging down cabs, tow trucks, and other similar vehicles. Second Circuit: Which suggests that flagging down vehicles isn’t really as dangerous as the town claims, so the ordinance violates the First Amendment.

Eleven years after her husband’s death from cancer, widow gives birth to twins conceived with husband’s frozen sperm. Are the twins eligible for Social Security survivor benefits? Second Circuit: The twins would not have been eligible to inherit from the father under state law, so no. Concurrence: The Social Security Act was written 80 years ago; Congress might want to revisit this issue.

Dissatisfied with his treatment by a Philadelphia TSA agent, traveler asks for a complaint form. TSA agent calls the police and alleges the traveler made a bomb threat; traveler arrested, later exonerated, sues TSA agent. Third Circuit: There is no First Amendment cause of action against TSA agents, so the traveler loses.

We have harnessed the power of the atom, but we have not done a super-great job of adapting the tort system to the claims of people injured by exposure to radiation. So argues Judge McKee of the Third Circuit in concurrence.

Would-be habeas petitioners who are past the usual statute of limitations have one year to file a new petition after the U.S. Supreme Court recognizes a new right that could affect their sentence. How specific does this recognition have to be? The Fourth Circuit says quite specific indeed, over a dissent arguing that recognition should cover anything the Supreme Court’s reasoning would apply to.

Religious evangelist wants to spark conversations in a public park by displaying riddles painted on a six-foot-by-four-foot sketch board — which, park officials say, is a structure that requires a permit. Unconstitutional? Probably not, rules the Fifth Circuit, in an opinion that upholds a denial of a preliminary injunction but, frustratingly, does not tell us what the riddles were.

In spring of 2016, government officials executed three search warrants on man’s home, business, and storage unit, all based on sealed probable-cause affidavits. Still unindicted over a year later, the appellant wants to have a look at those affidavits — and he may well have a right to, says the Fifth Circuit.

Is a government official liable under the U.S. Constitution if, through his own negligence, he destroys private property without notice to the owner? No, says the Seventh Circuit, because “negligent bureaucratic errors do not violate the Due Process Clause.” But fret not, property owner — you can still pursue state law remedies. (Pro tip: Make sure you meet state law deadlines.)

After 23 years in prison, a man convicted of murder based on bite mark analysis is exonerated with DNA evidence. Upon release, he sues the lead detective and two dentists under Section 1983, claiming they fabricated their “expert” opinions. Over a dissent from Judge Sykes and three others, an en banc Seventh Circuit concludes it lacks jurisdiction to hear the interlocutory appeal of an order denying the defendants qualified immunity.

This one from the Seventh Circuit speaks for itself: “In January 2013 an Australian teenager measured his Subway Footlong sandwich and discovered that it was only 11 inches long. He photographed the sandwich alongside a tape measure and posted the photo on his Facebook page. It went viral. Class-action litigation soon followed. … In their haste to file suit, however, the lawyers neglected to consider whether the claims had any merit. They did not.”

Woman rebuffs dude’s advances, so he does the logical thing: He sets up social media accounts portraying her as a hooker and stripper, then sends letters to her employer and family claiming that sort of thing is her bag. When the dude is prosecuted for interstate stalking, he argues the logical thing: free speech. Eighth Circuit: Not a chance.

Appellate nerd RED ALERT: Ninth Circuit grants mandamus against the judges of the District of Arizona, who brazenly went on shackling defendants as a matter of course, after a Ninth Circuit panel ruled their practice unconstitutional. Your honors, a stay of a mandate does not override the binding effect of a panel decision.

The Ninth Circuit holds that a high school football coach acts as a public employee when he kneels and prays on the fifty-yard line immediately after games, and therefore he has no First Amendment right to exercise his religion in violation of school policy.

Turns out you can’t buy DVDs, copy the movies, filter out “objectionable” content, and then stream edited versions to your own paying customers. Well, you can, but a federal court can reasonably stop you, rules the Ninth Circuit.

Tennessee Valley Authority workers lift submerged power line out of water just as fishing boat speeds past, killing one boater and injuring another. Eleventh Circuit: Building power lines is a governmental function, so sovereign immunity applies. Case dismissed.

Just shy of his 18th birthday, juvenile launches spree of violent armed robberies. District judge sentences him to 57 years, saying, “you scare me.” Eleventh Circuit: While actuarial tables suggest the juvenile will die before 57 years are out, the sentence is not an unconstitutional life sentence because he could get out early with good-time credit.

Police seize cash from the mail, reasoning that it must be drug proceeds because (1) it’s a large amount, (2) it’s headed for California, and (3) a drug dog alerted. Indiana Court of Appeals: Drug dogs are notoriously unreliable, and not everyone who sends cash to California is a drug dealer. Return the money.

Jasna Bukvic-Bhayani wanted to open her school to train makeup artists. But in North Carolina, Jasna can only teach how to apply makeup if she transformed her school into a full-fledged esthetics school. That would force Jasna to spend thousands of dollars on unnecessary equipment. Even worse, Jasna would be forced to waste hundreds of hours teaching her students irrelevant subjects. But teaching is speech and is protected by the First Amendment. Last week, Jasna partnered with the Institute for Justice and sued North Carolina officials to vindicate her right to free speech. Read more about the case.

[nancyedimick]

Short Circuit: A roundup of recent federal court decisions

(Here is the latest edition of the Institute for Justice’s weekly Short Circuit newsletter, written by John Ross.)

Recently, the U.S. Commission on Civil Rights unanimously condemned a new forfeiture policy by Attorney General Jeff Sessions. In USA Today, IJ Communications Associate Nick Sibilla and Colorado Rep. Leslie Herod, who authored a landmark forfeiture reform, describe how states like Colorado are fighting back against federal confiscations.

Environmental groups challenge federal agency’s approval of three new natural-gas pipelines. D.C. Circuit: While the agency assessed the project’s environmental impact, as required by law, that review did not adequately consider the fact that the gas will be burned after reaching its destination and so will contribute to climate change.

Police obtain warrant to search suspect’s home for “all electronic devices.” D.C. Circuit: The warrant was invalid, as police had no reason to think any particular device would be found or would yield useful evidence. Notwithstanding the ubiquity of cell phones in today’s world, police cannot just assume that a suspect has a phone with incriminating data.

First Circuit: “It takes a certain degree of effrontery for an accused person held in pretrial detention to continue to conduct his criminal enterprise over a prison telephone, knowing that prisoner calls are customarily recorded.” You can probably figure out how this turns out.

Citing safety concerns, Oyster Bay, N.Y., cracked down on day laborers and passed an ordinance prohibiting people from flagging down vehicles for the purpose of soliciting employment. But the ordinance exempts flagging down cabs, tow trucks, and other similar vehicles. Second Circuit: Which suggests that flagging down vehicles isn’t really as dangerous as the town claims, so the ordinance violates the First Amendment.

Eleven years after her husband’s death from cancer, widow gives birth to twins conceived with husband’s frozen sperm. Are the twins eligible for Social Security survivor benefits? Second Circuit: The twins would not have been eligible to inherit from the father under state law, so no. Concurrence: The Social Security Act was written 80 years ago; Congress might want to revisit this issue.

Dissatisfied with his treatment by a Philadelphia TSA agent, traveler asks for a complaint form. TSA agent calls the police and alleges the traveler made a bomb threat; traveler arrested, later exonerated, sues TSA agent. Third Circuit: There is no First Amendment cause of action against TSA agents, so the traveler loses.

We have harnessed the power of the atom, but we have not done a super-great job of adapting the tort system to the claims of people injured by exposure to radiation. So argues Judge McKee of the Third Circuit in concurrence.

Would-be habeas petitioners who are past the usual statute of limitations have one year to file a new petition after the U.S. Supreme Court recognizes a new right that could affect their sentence. How specific does this recognition have to be? The Fourth Circuit says quite specific indeed, over a dissent arguing that recognition should cover anything the Supreme Court’s reasoning would apply to.

Religious evangelist wants to spark conversations in a public park by displaying riddles painted on a six-foot-by-four-foot sketch board — which, park officials say, is a structure that requires a permit. Unconstitutional? Probably not, rules the Fifth Circuit, in an opinion that upholds a denial of a preliminary injunction but, frustratingly, does not tell us what the riddles were.

In spring of 2016, government officials executed three search warrants on man’s home, business, and storage unit, all based on sealed probable-cause affidavits. Still unindicted over a year later, the appellant wants to have a look at those affidavits — and he may well have a right to, says the Fifth Circuit.

Is a government official liable under the U.S. Constitution if, through his own negligence, he destroys private property without notice to the owner? No, says the Seventh Circuit, because “negligent bureaucratic errors do not violate the Due Process Clause.” But fret not, property owner — you can still pursue state law remedies. (Pro tip: Make sure you meet state law deadlines.)

After 23 years in prison, a man convicted of murder based on bite mark analysis is exonerated with DNA evidence. Upon release, he sues the lead detective and two dentists under Section 1983, claiming they fabricated their “expert” opinions. Over a dissent from Judge Sykes and three others, an en banc Seventh Circuit concludes it lacks jurisdiction to hear the interlocutory appeal of an order denying the defendants qualified immunity.

This one from the Seventh Circuit speaks for itself: “In January 2013 an Australian teenager measured his Subway Footlong sandwich and discovered that it was only 11 inches long. He photographed the sandwich alongside a tape measure and posted the photo on his Facebook page. It went viral. Class-action litigation soon followed. … In their haste to file suit, however, the lawyers neglected to consider whether the claims had any merit. They did not.”

Woman rebuffs dude’s advances, so he does the logical thing: He sets up social media accounts portraying her as a hooker and stripper, then sends letters to her employer and family claiming that sort of thing is her bag. When the dude is prosecuted for interstate stalking, he argues the logical thing: free speech. Eighth Circuit: Not a chance.

Appellate nerd RED ALERT: Ninth Circuit grants mandamus against the judges of the District of Arizona, who brazenly went on shackling defendants as a matter of course, after a Ninth Circuit panel ruled their practice unconstitutional. Your honors, a stay of a mandate does not override the binding effect of a panel decision.

The Ninth Circuit holds that a high school football coach acts as a public employee when he kneels and prays on the fifty-yard line immediately after games, and therefore he has no First Amendment right to exercise his religion in violation of school policy.

Turns out you can’t buy DVDs, copy the movies, filter out “objectionable” content, and then stream edited versions to your own paying customers. Well, you can, but a federal court can reasonably stop you, rules the Ninth Circuit.

Tennessee Valley Authority workers lift submerged power line out of water just as fishing boat speeds past, killing one boater and injuring another. Eleventh Circuit: Building power lines is a governmental function, so sovereign immunity applies. Case dismissed.

Just shy of his 18th birthday, juvenile launches spree of violent armed robberies. District judge sentences him to 57 years, saying, “you scare me.” Eleventh Circuit: While actuarial tables suggest the juvenile will die before 57 years are out, the sentence is not an unconstitutional life sentence because he could get out early with good-time credit.

Police seize cash from the mail, reasoning that it must be drug proceeds because (1) it’s a large amount, (2) it’s headed for California, and (3) a drug dog alerted. Indiana Court of Appeals: Drug dogs are notoriously unreliable, and not everyone who sends cash to California is a drug dealer. Return the money.

Jasna Bukvic-Bhayani wanted to open her school to train makeup artists. But in North Carolina, Jasna can only teach how to apply makeup if she transformed her school into a full-fledged esthetics school. That would force Jasna to spend thousands of dollars on unnecessary equipment. Even worse, Jasna would be forced to waste hundreds of hours teaching her students irrelevant subjects. But teaching is speech and is protected by the First Amendment. Last week, Jasna partnered with the Institute for Justice and sued North Carolina officials to vindicate her right to free speech. Read more about the case.

Originally Found On: http://www.washingtonpost.com/news/volokh-conspiracy/wp/2017/08/28/short-circuit-a-roundup-of-recent-federal-court-decisions-70/

[wolfandpravato]

Short Circuit: A roundup of recent federal court decisions

(Here is the latest edition of the Institute for Justice’s weekly Short Circuit newsletter, written by John Ross.)

Recently, the U.S. Commission on Civil Rights unanimously condemned a new forfeiture policy by Attorney General Jeff Sessions. In USA Today, IJ Communications Associate Nick Sibilla and Colorado Rep. Leslie Herod, who authored a landmark forfeiture reform, describe how states like Colorado are fighting back against federal confiscations.

Environmental groups challenge federal agency’s approval of three new natural-gas pipelines. D.C. Circuit: While the agency assessed the project’s environmental impact, as required by law, that review did not adequately consider the fact that the gas will be burned after reaching its destination and so will contribute to climate change.

Police obtain warrant to search suspect’s home for “all electronic devices.” D.C. Circuit: The warrant was invalid, as police had no reason to think any particular device would be found or would yield useful evidence. Notwithstanding the ubiquity of cell phones in today’s world, police cannot just assume that a suspect has a phone with incriminating data.

First Circuit: “It takes a certain degree of effrontery for an accused person held in pretrial detention to continue to conduct his criminal enterprise over a prison telephone, knowing that prisoner calls are customarily recorded.” You can probably figure out how this turns out.

Citing safety concerns, Oyster Bay, N.Y., cracked down on day laborers and passed an ordinance prohibiting people from flagging down vehicles for the purpose of soliciting employment. But the ordinance exempts flagging down cabs, tow trucks, and other similar vehicles. Second Circuit: Which suggests that flagging down vehicles isn’t really as dangerous as the town claims, so the ordinance violates the First Amendment.

Eleven years after her husband’s death from cancer, widow gives birth to twins conceived with husband’s frozen sperm. Are the twins eligible for Social Security survivor benefits? Second Circuit: The twins would not have been eligible to inherit from the father under state law, so no. Concurrence: The Social Security Act was written 80 years ago; Congress might want to revisit this issue.

Dissatisfied with his treatment by a Philadelphia TSA agent, traveler asks for a complaint form. TSA agent calls the police and alleges the traveler made a bomb threat; traveler arrested, later exonerated, sues TSA agent. Third Circuit: There is no First Amendment cause of action against TSA agents, so the traveler loses.

We have harnessed the power of the atom, but we have not done a super-great job of adapting the tort system to the claims of people injured by exposure to radiation. So argues Judge McKee of the Third Circuit in concurrence.

Would-be habeas petitioners who are past the usual statute of limitations have one year to file a new petition after the U.S. Supreme Court recognizes a new right that could affect their sentence. How specific does this recognition have to be? The Fourth Circuit says quite specific indeed, over a dissent arguing that recognition should cover anything the Supreme Court’s reasoning would apply to.

Religious evangelist wants to spark conversations in a public park by displaying riddles painted on a six-foot-by-four-foot sketch board — which, park officials say, is a structure that requires a permit. Unconstitutional? Probably not, rules the Fifth Circuit, in an opinion that upholds a denial of a preliminary injunction but, frustratingly, does not tell us what the riddles were.

In spring of 2016, government officials executed three search warrants on man’s home, business, and storage unit, all based on sealed probable-cause affidavits. Still unindicted over a year later, the appellant wants to have a look at those affidavits — and he may well have a right to, says the Fifth Circuit.

Is a government official liable under the U.S. Constitution if, through his own negligence, he destroys private property without notice to the owner? No, says the Seventh Circuit, because “negligent bureaucratic errors do not violate the Due Process Clause.” But fret not, property owner — you can still pursue state law remedies. (Pro tip: Make sure you meet state law deadlines.)

After 23 years in prison, a man convicted of murder based on bite mark analysis is exonerated with DNA evidence. Upon release, he sues the lead detective and two dentists under Section 1983, claiming they fabricated their “expert” opinions. Over a dissent from Judge Sykes and three others, an en banc Seventh Circuit concludes it lacks jurisdiction to hear the interlocutory appeal of an order denying the defendants qualified immunity.

This one from the Seventh Circuit speaks for itself: “In January 2013 an Australian teenager measured his Subway Footlong sandwich and discovered that it was only 11 inches long. He photographed the sandwich alongside a tape measure and posted the photo on his Facebook page. It went viral. Class-action litigation soon followed. … In their haste to file suit, however, the lawyers neglected to consider whether the claims had any merit. They did not.”

Woman rebuffs dude’s advances, so he does the logical thing: He sets up social media accounts portraying her as a hooker and stripper, then sends letters to her employer and family claiming that sort of thing is her bag. When the dude is prosecuted for interstate stalking, he argues the logical thing: free speech. Eighth Circuit: Not a chance.

Appellate nerd RED ALERT: Ninth Circuit grants mandamus against the judges of the District of Arizona, who brazenly went on shackling defendants as a matter of course, after a Ninth Circuit panel ruled their practice unconstitutional. Your honors, a stay of a mandate does not override the binding effect of a panel decision.

The Ninth Circuit holds that a high school football coach acts as a public employee when he kneels and prays on the fifty-yard line immediately after games, and therefore he has no First Amendment right to exercise his religion in violation of school policy.

Turns out you can’t buy DVDs, copy the movies, filter out “objectionable” content, and then stream edited versions to your own paying customers. Well, you can, but a federal court can reasonably stop you, rules the Ninth Circuit.

Tennessee Valley Authority workers lift submerged power line out of water just as fishing boat speeds past, killing one boater and injuring another. Eleventh Circuit: Building power lines is a governmental function, so sovereign immunity applies. Case dismissed.

Just shy of his 18th birthday, juvenile launches spree of violent armed robberies. District judge sentences him to 57 years, saying, “you scare me.” Eleventh Circuit: While actuarial tables suggest the juvenile will die before 57 years are out, the sentence is not an unconstitutional life sentence because he could get out early with good-time credit.

Police seize cash from the mail, reasoning that it must be drug proceeds because (1) it’s a large amount, (2) it’s headed for California, and (3) a drug dog alerted. Indiana Court of Appeals: Drug dogs are notoriously unreliable, and not everyone who sends cash to California is a drug dealer. Return the money.

Jasna Bukvic-Bhayani wanted to open her school to train makeup artists. But in North Carolina, Jasna can only teach how to apply makeup if she transformed her school into a full-fledged esthetics school. That would force Jasna to spend thousands of dollars on unnecessary equipment. Even worse, Jasna would be forced to waste hundreds of hours teaching her students irrelevant subjects. But teaching is speech and is protected by the First Amendment. Last week, Jasna partnered with the Institute for Justice and sued North Carolina officials to vindicate her right to free speech. Read more about the case.

Originally Found On: http://www.washingtonpost.com/news/volokh-conspiracy/wp/2017/08/28/short-circuit-a-roundup-of-recent-federal-court-decisions-70/