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Volokh Conspiracy: January, 2014

Posted at 08:36 PM ET, 01/31/2014

The surprising First Amendment angle (and easy workaround) in the Dental Examiners antitrust case

Find out how the North Carolina Board of Dental Examiners can use this one weird trick to bypass antitrust liability.

By Sasha Volokh  |  08:36 PM ET, 01/31/2014 |  Permalink  |  Comments ( 0)

Posted at 07:02 PM ET, 01/31/2014

Jonathan Rauch guest-blogging next week about his ‘Kindly Inquisitors’

The expanded edition of Kindly Inquisitors: The New Attacks on Free Thought has just been published (the original came out in 1995, following a wave of campus speech codes).

By Eugene Volokh  |  07:02 PM ET, 01/31/2014 |  Permalink  |  Comments ( 0)

Posted at 01:03 PM ET, 01/31/2014

Originalism, the bear principle, and the reading of entrails

Eric Posner and I continue to debate originalism. Here, I suggest that originalism is entitled to invoke “the bear principle,” and I also argue that political rituals are important even when they are insincere.

By Will Baude  |  01:03 PM ET, 01/31/2014 |  Permalink  |  Comments ( 0)

Posted at 12:22 PM ET, 01/31/2014

Negroes and the Gun: Non-violent Winchesters and the fine art of concealed carry in the modern civil rights movement

Sweets Turnbow strolled casually carrying a brown paper bag. It looked like she was toting her lunch. Inside the bag was a loaded pistol. “Sweets never went anyplace without her brown paper bag and gun.”

By Prof. Nicholas Johnson and guest-blogging  |  12:22 PM ET, 01/31/2014 |  Permalink  |  Comments ( 0)

Posted at 10:12 AM ET, 01/31/2014

MSNBC flap: New evidence on the political views of mixed-race adopted and step-families

Republicans and conservatives living with adopted and step-children are as likely to live in mixed-race households as Democrats and liberals.

By Jim Lindgren  |  10:12 AM ET, 01/31/2014 |  Permalink  |  Comments ( 0)

Posted at 07:35 PM ET, 01/30/2014

Barring transgender student from using girls’ bathroom violates Maine law

So holds the Maine Supreme Court, as to a fifth-grade student who is biologically male but identifies and dresses as a girl.

By Eugene Volokh  |  07:35 PM ET, 01/30/2014 |  Permalink  |  Comments ( 0)

Posted at 07:35 PM ET, 01/30/2014

How should the Supreme Court decide the dental examiners case?

Why I lean toward the Fourth Circuit’s resolution of the antitrust state-action immunity issue.

By Sasha Volokh  |  07:35 PM ET, 01/30/2014 |  Permalink  |  Comments ( 0)

Posted at 07:28 PM ET, 01/30/2014

‘Doom’ is for the unprepared

“Is National Review doomed?,” asks an article in The Week. “It’s doubtful that National Review could [financially] survive” losing Michael Mann’s libel lawsuit. Really?

By Eugene Volokh  |  07:28 PM ET, 01/30/2014 |  Permalink  |  Comments ( 0)

Posted at 04:34 PM ET, 01/30/2014

Can a wrongful death tort recovery include compensation for lost estate tax benefits?

“John Kellogg, ninety-seven years of age, died in 2008 following a motor vehicle accident allegedly caused by ... the defendants.... Plaintiffs ... allege that had Kellogg survived until 2009, his estate would have paid substantially less in taxes than it did under the tax laws governing in 2008.“

By Eugene Volokh  |  04:34 PM ET, 01/30/2014 |  Permalink  |  Comments ( 0)

Posted at 03:43 PM ET, 01/30/2014

The law of “friending”

May a judge be Facebook “friends” with a lawyer who appears before him? May a judge “friend” a litigant in a pending case?

By Eugene Volokh  |  03:43 PM ET, 01/30/2014 |  Permalink  |  Comments ( 0)

Posted at 12:12 PM ET, 01/30/2014

Book profile: ‘A Conspiracy Against Obamacare’ — The book based on the blog

From Prof. Ron Collins (SCOTUSblog), a profile of the book collecting Volokh Conspiracy bloggers’ posts on the Affordable Care Act case.

By Eugene Volokh  |  12:12 PM ET, 01/30/2014 |  Permalink  |  Comments ( 0)

Posted at 12:11 PM ET, 01/30/2014

Negroes and the Gun: The early NAACP championed armed self-defense

“Lynching of Negroes is going to stop when the cowardly mob is faced by effective guns in the hands of people determined to sell their souls dearly.“

By Prof. Nicholas Johnson and guest-blogging  |  12:11 PM ET, 01/30/2014 |  Permalink  |  Comments ( 0)

Posted at 11:52 AM ET, 01/30/2014

Assessing possible unintended consequences of compensating innocent people who serve time in prison for crimes they did not commit

We should seriously consider the possibility that providing compensation to people wrongly convicted of crimes might have negative side effects. But it is unlikely that such unintended consequences are severe enough to justify withholding compensation from innocent people who have served time in prison for crimes they did not actually commit.

By Ilya Somin  |  11:52 AM ET, 01/30/2014 |  Permalink  |  Comments ( 0)

Posted at 10:01 AM ET, 01/30/2014

Speaking today at Columbia Law (& upcoming)

Speaking today at Columbia Law, with upcoming talks in Chicago, San Diego, New Haven & Gainesville.

By Randy Barnett  |  10:01 AM ET, 01/30/2014 |  Permalink  |  Comments ( 0)

Posted at 09:27 AM ET, 01/30/2014

Super Bowl math puzzle

By Eugene Volokh  |  09:27 AM ET, 01/30/2014 |  Permalink  |  Comments ( 0)

Posted at 12:07 AM ET, 01/30/2014

The unintended consequences of compensating the exonerated

Of course we should compensate the wrongfully convicted. But figuring out how to do it is actually kind of complicated.

By Will Baude  |  12:07 AM ET, 01/30/2014 |  Permalink  |  Comments ( 0)

Posted at 05:56 PM ET, 01/29/2014

A constitutional right to “cure” gays? No way, says the Ninth Circuit

By Dale Carpenter  |  05:56 PM ET, 01/29/2014 |  Permalink  |  Comments ( 0)

Posted at 05:43 PM ET, 01/29/2014

Laws that try to restrict state courts’ application of foreign law

Why such laws -- including the American Laws for American Courts model -- are a bad idea.

By Eugene Volokh  |  05:43 PM ET, 01/29/2014 |  Permalink  |  Comments ( 0)

Posted at 02:32 PM ET, 01/29/2014

Problems with early voting, and the promise of future voting

By Eugene Kontorovich  |  02:32 PM ET, 01/29/2014 |  Permalink  |  Comments ( 0)

Posted at 02:10 PM ET, 01/29/2014

Sex offender free to post online registry of sex offender law enforcers (and former enforcers)

A judge has rejected a request for a restraining order.

By Eugene Volokh  |  02:10 PM ET, 01/29/2014 |  Permalink  |  Comments ( 0)

Posted at 01:33 PM ET, 01/29/2014

Obama’s minimum wage plan has more statutory authority than prior “unilateral” actions

The president’s minimum wage plan does not really bypass Congress, though you’d never know it from his rhetoric. There is plausible statutory authority, unlike some of his prior executive orders.

By Eugene Kontorovich  |  01:33 PM ET, 01/29/2014 |  Permalink  |  Comments ( 0)

Posted at 12:53 PM ET, 01/29/2014

The disarray in the appellate courts over the antitrust state-action doctrine

The circuit split over when a state entity is “private” for antitrust purposes -- and why the Supreme Court should resolve it.

By Sasha Volokh  |  12:53 PM ET, 01/29/2014 |  Permalink  |  Comments ( 0)

Posted at 12:44 PM ET, 01/29/2014

Negroes and the Gun: A Winchester “in every Black home”

“We have cringed and crawled long enough. I don’t want any more ‘good niggers.’ I want ‘bad niggers.’ It’s the ‘bad nigger’ with the Winchester who can defend his home and child and wife.“

By Prof. Nicholas Johnson and guest-blogging  |  12:44 PM ET, 01/29/2014 |  Permalink  |  Comments ( 0)

Posted at 10:51 AM ET, 01/29/2014

The case for compensating people who serve time in prison for crimes they did not commit

Adequate compensation for innocent people who spend years in prison for crimes they did not commit should be a no-brainer. But many states provide very little compensation in such cases, and 21 provide none at all.

By Ilya Somin  |  10:51 AM ET, 01/29/2014 |  Permalink  |  Comments ( 0)

Posted at 09:19 AM ET, 01/29/2014

Does originalism justify Brown, and why do we care so much?

The topic of today’s class -- “Originalism and Brown” -- naturally lends itself to two questions: The first is whether Brown is correct as a matter of original meaning, and the second is why the first question is so important.

By Will Baude  |  09:19 AM ET, 01/29/2014 |  Permalink  |  Comments ( 0)

Posted at 09:18 PM ET, 01/28/2014

Calling FCC authority a “loophole” assumes the conclusion

The D.C. Circuit’s net neutrality opinion interprets the FCC’s regulatory authority broadly. “Loophole” is a loaded term for that authority. We could replace “loophole” with “the law,” and have a very different connotation. The real answer is for Congress to step in -- but don’t hold your breath.

By Stuart Benjamin  |  09:18 PM ET, 01/28/2014 |  Permalink  |  Comments ( 0)

Posted at 07:37 PM ET, 01/28/2014

How to judge the constitutionality of President Obama’s State of the Union ideas

President Obama’s Statute of the Union strategy of “bypassing Congress” sounds unconstitutional - but it might not be. Here’s a guide for evaluating his proposals.

By Eugene Kontorovich  |  07:37 PM ET, 01/28/2014 |  Permalink  |  Comments ( 0)

Posted at 05:09 PM ET, 01/28/2014

Pictures from Ukraine

By Sasha Volokh  |  05:09 PM ET, 01/28/2014 |  Permalink  |  Comments ( 0)

Posted at 04:57 PM ET, 01/28/2014

Radley Balko on drug prohibition

Why drug prohibition erodes the very conservative values that anti-drug conservatives claim to favor

By Sasha Volokh  |  04:57 PM ET, 01/28/2014 |  Permalink  |  Comments ( 0)

Posted at 04:32 PM ET, 01/28/2014

NSA’s Section 215 program: an interview with David Medine, Chair of the Privacy and Civil Liberties Oversight Board

By Stewart Baker  |  04:32 PM ET, 01/28/2014 |  Permalink  |  Comments ( 0)

Posted at 01:57 PM ET, 01/28/2014

Remembering Pete Seeger: “Waist Deep in the Big Muddy”

By Jim Lindgren  |  01:57 PM ET, 01/28/2014 |  Permalink  |  Comments ( 0)

Posted at 01:28 PM ET, 01/28/2014

“Of the 334 murders in New York City in 2013, it appears only 29 victims did not know their killer”

A common mistake in how statistics are reported.

By Eugene Volokh  |  01:28 PM ET, 01/28/2014 |  Permalink  |  Comments ( 0)

Posted at 01:02 PM ET, 01/28/2014

How a state dentistry board hounded non-dentist teeth-whiteners out of North Carolina

The second in a series of posts about the Fourth Circuit’s decision in North Carolina Board of Dental Examiners v. FTC -- and whether the Supreme Court will take the case.

By Sasha Volokh  |  01:02 PM ET, 01/28/2014 |  Permalink  |  Comments ( 0)

Posted at 11:06 AM ET, 01/28/2014

Obama plans to push the limits of executive power even harder

In 2008, candidate Obama was a forceful critic of the Bush Administration’s overexpansion of executive power. Unfortunately, President Obama has chosen to double down on executive overreach instead of cutting back on it.

By Ilya Somin  |  11:06 AM ET, 01/28/2014 |  Permalink  |  Comments ( 0)

Posted at 10:31 AM ET, 01/28/2014

Negroes and the Gun: Slaves, fugitives, freemen, and citizens

For roughly four score and seven years, the violent capture of slave property was the law of the land.

By Prof. Nicholas Johnson and guest-blogging  |  10:31 AM ET, 01/28/2014 |  Permalink  |  Comments ( 0)

Posted at 09:44 AM ET, 01/28/2014

“Judicial engagement” is not the same as “judicial activism”

Critics of George Will and Clark Neily’s defense of “judicial engagement” are attacking a straw man.

By Randy Barnett  |  09:44 AM ET, 01/28/2014 |  Permalink  |  Comments ( 0)

Posted at 09:07 AM ET, 01/28/2014

Isn’t envy the cousin of greed?

By Jim Lindgren  |  09:07 AM ET, 01/28/2014 |  Permalink  |  Comments ( 0)

Posted at 05:52 AM ET, 01/28/2014

A different perspective on the Stephen Glass case, from David Plotz (Slate)

“I don’t like Steve. And I don’t trust Steve. Even so, today’s California Supreme Court decision denying him admission to the California bar is misguided and cruel, a verdict that embodies what is wrong with American law.“

By Eugene Volokh  |  05:52 AM ET, 01/28/2014 |  Permalink  |  Comments ( 0)

Posted at 05:42 AM ET, 01/28/2014

If we want more income equality, should we return to the economy of George W. Bush?

By Jim Lindgren  |  05:42 AM ET, 01/28/2014 |  Permalink  |  Comments ( 0)

Posted at 11:04 PM ET, 01/27/2014

Justice Sotomayor on her privacy opinion: “Remember, I was only one of nine.”

At a recent law school moot court, Justice Sotomayor downplays the significance of her concurrence in United States v. Jones.

By Orin Kerr  |  11:04 PM ET, 01/27/2014 |  Permalink  |  Comments ( 0)

Posted at 08:24 PM ET, 01/27/2014

Will the Supreme Court hear this important antitrust case?

A recent case involving “state action” immunity to antitrust law -- North Carolina Board of Dental Examiners v. FTC -- and why it’s important. We begin with an introduction to state action immunity.

By Sasha Volokh  |  08:24 PM ET, 01/27/2014 |  Permalink  |  Comments ( 0)

Posted at 05:02 PM ET, 01/27/2014

Intellectual diversity in the legal academy

The Harvard Journal of Law & Public Policy has published a Federalist Society conference about intellectual diversity in law schools.

By Nicholas Quinn Rosenkranz  |  05:02 PM ET, 01/27/2014 |  Permalink  |  Comments ( 0)

Posted at 03:42 PM ET, 01/27/2014

Income inequality: racist motives and government programs

By Jim Lindgren  |  03:42 PM ET, 01/27/2014 |  Permalink  |  Comments ( 0)

Posted at 03:22 PM ET, 01/27/2014

What a Life Can Be: One Therapist’s Take on Schizo-Affective Disorder

Review of excellent book on coping with schizo-affective disorder

By David Kopel  |  03:22 PM ET, 01/27/2014 |  Permalink  |  Comments ( 0)
Tags:  Carolyn Dobbins, schizo-affective, therapy

Posted at 03:21 PM ET, 01/27/2014

If you’re a Christian, how well do you know the story of Paul?

Well enough to prove you’re a Christian to an immigration judge, if you’re claiming asylum on the grounds of religious persecution in China for your Christianity?

By Eugene Volokh  |  03:21 PM ET, 01/27/2014 |  Permalink  |  Comments ( 0)

Posted at 02:14 PM ET, 01/27/2014

Court denies Stephen Glass admission to the California bar

The former New Republic writer who fabricated many articles in the 1990s “has not sustained his heavy burden of demonstrating rehabilitation and fitness for the practice of law,” says the California Supreme Court.

By Eugene Volokh  |  02:14 PM ET, 01/27/2014 |  Permalink  |  Comments ( 0)

Posted at 12:10 PM ET, 01/27/2014

Scalia and Thomas and Kagan, oh my!

An unexpected lineup in today’s Supreme Court libel decision.

By Eugene Volokh  |  12:10 PM ET, 01/27/2014 |  Permalink  |  Comments ( 0)
Tags:  Supreme Court

Posted at 10:48 AM ET, 01/27/2014

The what and why of Negroes and the Gun: The Black Tradition of Arms

“Negroes and the Gun is a sort of answer to people who wonder and often have asked, how is it that a black law professor at a New York City law school comes to write sympathetically about the Second Amendment and gun rights.... The book chronicles a tradition of church folk, merchants, and strivers, the very best people in the community, armed and committed to the principle of individual self-defense.“

By Prof. Nicholas Johnson and guest-blogging  |  10:48 AM ET, 01/27/2014 |  Permalink  |  Comments ( 0)

Posted at 09:34 AM ET, 01/27/2014

Why do U.S. courts use foreign law in tort cases and even in some evidence law disputes?

Some more examples of how applying American law often requires consideration of foreign law.

By Eugene Volokh  |  09:34 AM ET, 01/27/2014 |  Permalink  |  Comments ( 0)

Posted at 08:29 AM ET, 01/27/2014

Why crime victims need their own voice in the criminal justice process

It is time to recognize that our criminal justice process is frequently three-sided.

By Paul Cassell  |  08:29 AM ET, 01/27/2014 |  Permalink  |  Comments ( 0)

Posted at 06:35 AM ET, 01/27/2014

Consensus or diversity among originalists?

Constitutional scholars who engage in holistic analysis trying preserve the framers’ design are often accused of “not really being originalists“

By David Bernstein  |  06:35 AM ET, 01/27/2014 |  Permalink  |  Comments ( 0)

Posted at 01:02 AM ET, 01/27/2014

Robert Leider argues that the Constitution originally divided military power between the federal and state governments

In a recent article, Robert Leider argues that the Constitution was originally intended to divide the military power between the federal and state governments. The state military role has been abandoned, but Leider argues that this should cause us to rethink the separation of war powers.

By Will Baude  |  01:02 AM ET, 01/27/2014 |  Permalink  |  Comments ( 0)

Posted at 07:44 PM ET, 01/26/2014

Inauspicious

By Eugene Volokh  |  07:44 PM ET, 01/26/2014 |  Permalink  |  Comments ( 0)

Posted at 06:45 PM ET, 01/26/2014

You haven’t been fired, you’ve been given the opportunity to change to a better job

The New York Times comes up with a ridiculous euphemism to defend the president’s “if you like your health insurance you can keep your health insurance” lie.

By David Bernstein  |  06:45 PM ET, 01/26/2014 |  Permalink  |  Comments ( 0)

Posted at 05:01 PM ET, 01/26/2014

Republican National Committee draws fire for resolution condemning NSA

By Stewart Baker  |  05:01 PM ET, 01/26/2014 |  Permalink  |  Comments ( 0)

Posted at 03:57 PM ET, 01/26/2014

Conservatives rethinking mass imprisonment and the War on Drugs

Many conservatives are beginning to reconsider the movement’s longstanding support for mass incarceration and the War on Drugs. If this trend continues, it could have a significant impact on criminal justice policy.

By Ilya Somin  |  03:57 PM ET, 01/26/2014 |  Permalink  |  Comments ( 0)

Posted at 03:51 PM ET, 01/26/2014

Do you want to be a law professor?

Apply for 2-year Fellowship with the Georgetown Center for the Constitution.

By Randy Barnett  |  03:51 PM ET, 01/26/2014 |  Permalink  |  Comments ( 0)

Posted at 02:36 PM ET, 01/26/2014

Sundays with Stendhal: On the difference between melancholy and boredom

Introducing new and returning readers to Conspirator Kenneth Anderson’s weekly featured quotation from the works of Stendhal.

By Kenneth Anderson  |  02:36 PM ET, 01/26/2014 |  Permalink  |  Comments ( 0)

Posted at 10:04 AM ET, 01/26/2014

Will Wilkinson on the lost days of personal blogging

Will Wilkinson has some very insightful comments on the difference between “personal” blogging and blogging for, say, The Washington Post.

By Will Baude  |  10:04 AM ET, 01/26/2014 |  Permalink  |  Comments ( 0)

Posted at 04:54 PM ET, 01/25/2014

Justice Kagan was wrong: Alabama would not be covered under new Voting Rights Act

At oral argument in Shelby County v. Holder, Justice Kagan said: “Under any formula that Congress could devise, it would capture Alabama.” Apparently not.

By Will Baude  |  04:54 PM ET, 01/25/2014 |  Permalink  |  Comments ( 0)

Posted at 03:12 PM ET, 01/25/2014

The rising economic pressures on non-equity law firm partners

Mid-50s, senior, successful Manhattan lawyer in Big Law, and upturned personally and professionally by structural shifts in law practice: a cautionary tale.

By Kenneth Anderson  |  03:12 PM ET, 01/25/2014 |  Permalink  |  Comments ( 0)

Posted at 02:37 PM ET, 01/25/2014

“Is the WashPo going gun nut?”

Now this is what we were hoping for with our move to the Post.

By Eugene Volokh  |  02:37 PM ET, 01/25/2014 |  Permalink  |  Comments ( 0)

Posted at 12:38 AM ET, 01/25/2014

Follow just our gun-related posts on Twitter, using @VolokhGuns

By Eugene Volokh  |  12:38 AM ET, 01/25/2014 |  Permalink  |  Comments ( 0)

Posted at 07:42 PM ET, 01/24/2014

Does your wife co-own your sperm? Does your husband co-own your eggs?

By Eugene Volokh  |  07:42 PM ET, 01/24/2014 |  Permalink  |  Comments ( 0)

Posted at 04:58 PM ET, 01/24/2014

Negroes and the Gun: The Black Tradition of Arms

“In this groundbreaking book, Nicholas Johnson shows how African Americans, from the abolitionists to the Deacons for Defense and Justice, have taken up arms time and again to fight for their rights and their lives.“

By Eugene Volokh  |  04:58 PM ET, 01/24/2014 |  Permalink  |  Comments ( 0)

Posted at 04:25 PM ET, 01/24/2014

“Is it now acceptable grammar to say ‘[is a much better advocate] than me and 95% of my colleagues …’”?

A commenter writes, “Your English doesn’t impress me.“

By Eugene Volokh  |  04:25 PM ET, 01/24/2014 |  Permalink  |  Comments ( 0)

Posted at 03:24 PM ET, 01/24/2014

“Are the ashes from the cremation of a 26 week old stillborn fetus marital or separate property?”

A sad question for a court to ask, but the court’s answer is “separate property,” citing Roe v. Wade. Is that right?

By Eugene Volokh  |  03:24 PM ET, 01/24/2014 |  Permalink  |  Comments ( 0)

Posted at 02:36 PM ET, 01/24/2014

May a state limit contributions to write-in and minor party candidates to $200, while in effect allowing $400 contributions to major party candidates?

No, says a federal court of appeals -- even though a state could refuse to count write-in votes altogether.

By Eugene Volokh  |  02:36 PM ET, 01/24/2014 |  Permalink  |  Comments ( 0)

Posted at 02:25 PM ET, 01/24/2014

Does a prisoner have a right to use a sweat lodge for his American Indian religious practices?

Maybe, says the Tenth Circuit in a rare victory for a prisoner under the Religious Land Use and Institutionalized Persons Act of 2000.

By Eugene Volokh  |  02:25 PM ET, 01/24/2014 |  Permalink  |  Comments ( 0)

Posted at 02:05 PM ET, 01/24/2014

Why do American courts use foreign law in contracts and judgment enforcement cases?

How I stopped worrying and learned to love the use of foreign law in American courts (sometimes).

By Eugene Volokh  |  02:05 PM ET, 01/24/2014 |  Permalink  |  Comments ( 0)

Posted at 11:28 AM ET, 01/24/2014

Ukraine and the “Social War”

By David Post  |  11:28 AM ET, 01/24/2014 |  Permalink  |  Comments ( 0)

Posted at 08:40 AM ET, 01/24/2014

Why do American courts use foreign law in family law cases?

There shouldn’t be anything controversial about American legal principles that call for such use of foreign law.

By Eugene Volokh  |  08:40 AM ET, 01/24/2014 |  Permalink  |  Comments ( 0)

Posted at 06:19 PM ET, 01/23/2014

Podcast interview with Chris Inglis, former NSA deputy director

By Stewart Baker  |  06:19 PM ET, 01/23/2014 |  Permalink  |  Comments ( 0)

Posted at 04:42 PM ET, 01/23/2014

Has the Virginia Attorney General abandoned support for polygamy?

“Virginia Attorney General abandons natural marriage,” reads a Liberty Counsel press release. “Marriage was not created by religion or government and is ontologically a union of one man and one woman.“

By Eugene Volokh  |  04:42 PM ET, 01/23/2014 |  Permalink  |  Comments ( 0)

Posted at 02:55 PM ET, 01/23/2014

Rethinking the privacy laws

A link to my new law review article.

By Orin Kerr  |  02:55 PM ET, 01/23/2014 |  Permalink  |  Comments ( 0)

Posted at 02:50 PM ET, 01/23/2014

The PCLOB’s willful blindness on section 215

By Stewart Baker  |  02:50 PM ET, 01/23/2014 |  Permalink  |  Comments ( 0)

Posted at 02:48 PM ET, 01/23/2014

Is it wrong for lawyers to take cases based on their religious values?

The error in the Human Rights Campaign’s condemnation of the lawyer handling Utah’s defense of opposite-sex-only marriage rules.

By Eugene Volokh  |  02:48 PM ET, 01/23/2014 |  Permalink  |  Comments ( 0)

Posted at 01:41 PM ET, 01/23/2014

Mann v. Steyn — Mann wins round two

By Jonathan H. Adler  |  01:41 PM ET, 01/23/2014 |  Permalink  |  Comments ( 0)

Posted at 12:49 PM ET, 01/23/2014

There’s no originalist consensus, but that’s okay

Originalists don’t agree on when to extend a precedent or when to limit it. But that’s okay. Originalism is a big tent.

By Will Baude  |  12:49 PM ET, 01/23/2014 |  Permalink  |  Comments ( 0)

Posted at 12:29 PM ET, 01/23/2014

Foreign law in American courts: Could it jeopardize American constitutional rights?

To get a sense of why some people worry -- and rightly so, I think -- about the use of foreign law in American constitutional decisionmaking, consider this passage from Professor Peter J. Spiro’s Treaties, International Law, and Constitutional Rights. Professor Spiro is a supporter of the greater use of international law in the American legal system, and here’s what he writes.

By Eugene Volokh  |  12:29 PM ET, 01/23/2014 |  Permalink  |  Comments ( 0)

Posted at 12:08 PM ET, 01/23/2014

Foreign law in American courts — yes, no, or maybe?

By Eugene Volokh  |  12:08 PM ET, 01/23/2014 |  Permalink  |  Comments ( 0)

Posted at 10:19 AM ET, 01/23/2014

Robotics and automation, employment, and aging Baby Boomers

Mobile, connected, supplied, and independent. Can robotics and automation supply these for aging Baby Boomers, and are they Google’s self-driving cars, Apple’s iPhones, Amazon’s home delivery, and yet-to-emerge assistive elder-care robots? Maybe tech companies’ business models are mostly about ... old people.

By Kenneth Anderson  |  10:19 AM ET, 01/23/2014 |  Permalink  |  Comments ( 0)

Posted at 06:33 AM ET, 01/23/2014

PCLOB votes 3-2 to call NSA program illegal

By Stewart Baker  |  06:33 AM ET, 01/23/2014 |  Permalink  |  Comments ( 0)

Posted at 10:21 PM ET, 01/22/2014

About our move to the Post, for those who missed the memo

By Eugene Volokh  |  10:21 PM ET, 01/22/2014 |  Permalink  |  Comments ( 0)

Posted at 07:16 PM ET, 01/22/2014

Wandering Dago Inc.

UPDATE: Now with a special appearance by Kike’s Tacos!

By Eugene Volokh  |  07:16 PM ET, 01/22/2014 |  Permalink  |  Comments ( 0)

Posted at 06:18 PM ET, 01/22/2014

The RSS feed should be working

By Eugene Volokh  |  06:18 PM ET, 01/22/2014 |  Permalink  |  Comments ( 0)

Posted at 10:36 AM ET, 01/22/2014

How “the case that could topple Obamacare” began

The limitations in the PPACA’s text were noticed years ago.

By Jonathan H. Adler  |  10:36 AM ET, 01/22/2014 |  Permalink  |  Comments ( 0)

Posted at 08:56 AM ET, 01/22/2014

Precedent and other threats to originalism

So long as originalists insist on interpreting the Constitution clause-by-clause, originalism may actually move us further from the Constitution’s original design.

By David Bernstein  |  08:56 AM ET, 01/22/2014 |  Permalink  |  Comments ( 0)

Posted at 08:04 AM ET, 01/22/2014

The third grade and third-party doctrine

By Stewart Baker  |  08:04 AM ET, 01/22/2014 |  Permalink  |  Comments ( 0)

Posted at 12:39 AM ET, 01/22/2014

Precedent is not a threat to originalism

What should originalists do about precedent? Eric Posner is wrong to think it’s a problem.

By Will Baude  |  12:39 AM ET, 01/22/2014 |  Permalink  |  Comments ( 0)

Posted at 11:29 PM ET, 01/21/2014

How political ignorance and irrationality increase the popularity of conspiracy theories

Belief in conspiracy theory is often driven by public ignorance and irrationality. Both lead us to prefer crude, but emotionally satisfying explanations for government’s failures over more complex ones.

By Ilya Somin  |  11:29 PM ET, 01/21/2014 |  Permalink  |  Comments ( 0)

Posted at 10:58 PM ET, 01/21/2014

When can the police pull over a car based on an anonymous tip?

By Orin Kerr  |  10:58 PM ET, 01/21/2014 |  Permalink  |  Comments ( 0)

Posted at 07:07 PM ET, 01/21/2014

The origins of originalism

Originalism may be a relatively new academic theory, but it has deep roots in the American legal tradition.

By Ilya Somin  |  07:07 PM ET, 01/21/2014 |  Permalink  |  Comments ( 0)

Posted at 05:15 PM ET, 01/21/2014

I’m hoping for a victory for crime victims’ rights tomorrow before the Supreme Court

By Paul Cassell  |  05:15 PM ET, 01/21/2014 |  Permalink  |  Comments ( 0)

Posted at 05:08 PM ET, 01/21/2014

Knowledge is Power: How the NSA bulk data seizure program is like gun registration

By Randy Barnett  |  05:08 PM ET, 01/21/2014 |  Permalink  |  Comments ( 0)

Posted at 03:45 PM ET, 01/21/2014

In the Maldives, a right to rape your wife

By Eugene Volokh  |  03:45 PM ET, 01/21/2014 |  Permalink  |  Comments ( 0)

Posted at 03:44 PM ET, 01/21/2014

Breaking News from August 2013: NSA Is Providing 2-3 Tips a Day to the FBI?

By Stewart Baker  |  03:44 PM ET, 01/21/2014 |  Permalink  |  Comments ( 0)

Posted at 03:17 PM ET, 01/21/2014

The economics of credit card security

By zywickit  |  03:17 PM ET, 01/21/2014 |  Permalink  |  Comments ( 0)

Posted at 03:17 PM ET, 01/21/2014

Immigration and political freedom

I recently wrote a guest post for the Open Borders blog on migration and political freedom. The connection between the two is often ignored in debates over immigration policy.

By Ilya Somin  |  03:17 PM ET, 01/21/2014 |  Permalink  |  Comments ( 0)

Posted at 03:17 PM ET, 01/21/2014

Canadian Prime Minister Harper on Israel

President Obama has been better to Israel than his critics acknowledge, and has been very pro-Israel by any standard except perhaps that of the prior two presidents, who were the most pro-Israel of any American presidents. But it’s hard to imagine him giving a speech like this.

By David Bernstein  |  03:17 PM ET, 01/21/2014 |  Permalink  |  Comments ( 0)

Posted at 03:17 PM ET, 01/21/2014

Was a scientific journal canned for disagreeing with the IPCC?

Copernicus Publications, “the innovative open access publisher,” recently announced it was terminating one of its journals, Pattern Recognition in Physics due to concerns about the journal’s editorial practices.

By Jonathan H. Adler  |  03:17 PM ET, 01/21/2014 |  Permalink  |  Comments ( 0)

Posted at 03:09 PM ET, 01/21/2014

Brief review of Takeover: The Return of the Imperial Presidency and the Subversion of American Democracy

A well-written, well-researched critique of the George W. Bush’s Administration’s abuse of executive power based on often extremely dubious constitutional theories

By David Bernstein  |  03:09 PM ET, 01/21/2014 |  Permalink  |  Comments ( 0)

Posted at 03:04 PM ET, 01/21/2014

In Brazil, you can always find the Amazon — in America, the Amazon finds you

By Eugene Volokh  |  03:04 PM ET, 01/21/2014 |  Permalink  |  Comments ( 0)

Posted at 02:07 PM ET, 01/21/2014

test-123

A few members of Congress are worried about the state of the countryâs infrastructure. Seriously.

By Ryan Cooper  |  02:07 PM ET, 01/21/2014 |  Permalink  |  Comments ( 0)
Tags:  infrastructure

 

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