Most Read: National

Volokh Conspiracy: March, 2014

Posted at 04:54 PM ET, 03/31/2014

Russian government advocates “federal system” for Ukraine

Russia’s advocacy of a “federal system” for Ukraine is deeply hypocritical. But the idea is worth considering nonetheless. Increased political decentralization could help diminish ethnic antagonisms in Ukrainian society - but only if Ukraine can be kept safe from further Russian military intervention.

By Ilya Somin  |  04:54 PM ET, 03/31/2014 |  Permalink  |  Comments ( 0)

Posted at 12:57 PM ET, 03/31/2014

Judge breaks up God for antitrust violations

With an added link to Avinash Dixit and Gene Grossman’s classic American Economic Review paper from 1984, “Directly Unproductive Prophet-Seeking Activities“.

By Sasha Volokh  |  12:57 PM ET, 03/31/2014 |  Permalink  |  Comments ( 0)

Posted at 08:57 AM ET, 03/31/2014

Justice Department will not prosecute retired Sixth Circuit judge

Federal prosecutors will not bring charges against Judge Boyce Martin for “questionable” travel reimbursement requests.

By Jonathan H. Adler  |  08:57 AM ET, 03/31/2014 |  Permalink  |  Comments ( 0)

Posted at 08:55 AM ET, 03/31/2014

ICJ rules against Japanese whaling

A divided International Court of Justice rejects Japan’s claim that whaling is part of legitimate “scientific research“

By Jonathan H. Adler  |  08:55 AM ET, 03/31/2014 |  Permalink  |  Comments ( 0)

Posted at 12:43 AM ET, 03/31/2014

Man ordered to take down police officer’s name and picture from Internet

A police officer came to a man’s house, demanding that he turn over his guns (based on a disturbing the peace complaint) or be arrested. A Missouri court ordered the man to take down the video he took of this interaction, on the grounds that posting the video constituted “stalking” of the police officer.

By Eugene Volokh  |  12:43 AM ET, 03/31/2014 |  Permalink  |  Comments ( 0)

Posted at 12:41 AM ET, 03/31/2014

‘These hands and feet are registered as deadly weapons … in Guam!’

Thought the old “Karate experts must register their hands and feet as deadly weapons” line was a joke? Not quite.

By Eugene Volokh  |  12:41 AM ET, 03/31/2014 |  Permalink  |  Comments ( 0)

Posted at 11:07 AM ET, 03/30/2014

Remembering Maryland’s failed effort to use eminent domain against the Baltimore Colts

The 30th anniversary of Maryland’s failed effort to condemn the Baltimore Colts is as good a time as any to realize that eminent domain is not the right approach to dealing with abuses of corporate welfare. A much better strategy is simply refusing to pay corporate welfare in the first place.

By Ilya Somin  |  11:07 AM ET, 03/30/2014 |  Permalink  |  Comments ( 0)

Posted at 02:28 AM ET, 03/30/2014

Houston ban on annoying ‘goo-goo eyes’

Enacted in 1905, but now no longer in effect.

By Eugene Volokh  |  02:28 AM ET, 03/30/2014 |  Permalink  |  Comments ( 0)

Posted at 02:57 PM ET, 03/29/2014

#RuinAChildrensBook

A sample: “The Lion, the Witch and the Wardrobe Malfunction” (Robert Flores ‏@RoFloESPN). But there are many, many more.

By Eugene Volokh  |  02:57 PM ET, 03/29/2014 |  Permalink  |  Comments ( 0)

Posted at 08:40 PM ET, 03/28/2014

Perhaps we are not giving provocatively dressed lawyers enough credit

It’s patronizing to assume that female lawyers don’t know what they’re doing; and Judge Kopf needs to rewatch the “Jane, you ignorant slut!” clip.

By Will Baude  |  08:40 PM ET, 03/28/2014 |  Permalink  |  Comments ( 0)

Posted at 05:42 PM ET, 03/28/2014

Fifth circuit upholds controversial Texas abortion law

Could this be the case that brings abortion back to the High Court?

By Jonathan H. Adler  |  05:42 PM ET, 03/28/2014 |  Permalink  |  Comments ( 0)

Posted at 01:43 PM ET, 03/28/2014

Dress codes and Judge Kopf’s ‘dirty old man’ post

When should one bow to social convention? When should one resist it?

By Eugene Volokh  |  01:43 PM ET, 03/28/2014 |  Permalink  |  Comments ( 0)

Posted at 01:19 PM ET, 03/28/2014

Some interesting recent articles about language

Bilingual Russian parenting, U.S. ambassador speaking pidgin to Nigerians, and English words in German.

By Sasha Volokh  |  01:19 PM ET, 03/28/2014 |  Permalink  |  Comments ( 0)

Posted at 11:49 AM ET, 03/28/2014

Maryland House of Delegates votes to use threat of eminent domain to keep “House of Cards” from moving to another state

the Maryland House of Delegates’ plan to use eminent domain to force “House of Cards” to keep filming in the state may well be upheld by the courts. But it is a foolish idea, nonetheless.

By Ilya Somin  |  11:49 AM ET, 03/28/2014 |  Permalink  |  Comments ( 0)

Posted at 11:34 AM ET, 03/28/2014

Should free speech doctrine use ‘purely historical tests’?

In praise of the Court’s reasons for protecting videos of animal cruelty.

By Will Baude  |  11:34 AM ET, 03/28/2014 |  Permalink  |  Comments ( 0)

Posted at 10:12 AM ET, 03/28/2014

On ‘being a dirty old man’ and a federal judge

A federal judge has joined the conversation about how women lawyers dress, with some disturbing advice.

By Nita Farahany  |  10:12 AM ET, 03/28/2014 |  Permalink  |  Comments ( 0)

Posted at 09:41 AM ET, 03/28/2014

More on Crimea, Kosovo, and the morality of secession

Mike Walker of the Moscow Times’s effort to rehabilitate the “Kosovo precedent” justification for Russia’s annexation of Crimea fall short.

By Ilya Somin  |  09:41 AM ET, 03/28/2014 |  Permalink  |  Comments ( 0)

Posted at 08:15 AM ET, 03/28/2014

Chinese search engine, operating in the U.S., has First Amendment right to skew search results for political reasons

The First Amendment protects search engines’ choices about what to include and what to exclude.

By Eugene Volokh  |  08:15 AM ET, 03/28/2014 |  Permalink  |  Comments ( 0)

Posted at 04:15 AM ET, 03/28/2014

The so-called “Facebook” seems to be a bit exotic in the state sometimes known as “Nebraska”

“He testified that he attempted to contact Austin and Linda through his uncle’s ‘Facebook’ account for about 2 weeks after moving to Las Vegas, but then he claimed that Jennifer discovered he was using the ‘Facebook’ account and blocked his uncle from her account and the children’s accounts.“

By Eugene Volokh  |  04:15 AM ET, 03/28/2014 |  Permalink  |  Comments ( 0)

Posted at 01:33 AM ET, 03/28/2014

Debate on judicial activism versus judicial restraint

Clark Neily and I debated the proper role of judges at a recent event at GW Law School. Here’s a link to the video.

By Orin Kerr  |  01:33 AM ET, 03/28/2014 |  Permalink  |  Comments ( 0)

Posted at 09:47 PM ET, 03/27/2014

Posthumous degrees

When should a posthumous degree be awarded to a student who almost but not quite finished his program?

By Eugene Volokh  |  09:47 PM ET, 03/27/2014 |  Permalink  |  Comments ( 0)

Posted at 03:51 PM ET, 03/27/2014

Should The Post run a correction to the Koch oil sands story?

If a claim trumpeted in a headline is false, shouldn’t there be an official correction?

By Jonathan H. Adler  |  03:51 PM ET, 03/27/2014 |  Permalink  |  Comments ( 0)

Posted at 03:48 PM ET, 03/27/2014

Prof. Michael McConnell (Stanford) on the Hobby Lobby arguments

A perspective, from one of the leading Religion Clauses scholars working today.

By Eugene Volokh  |  03:48 PM ET, 03/27/2014 |  Permalink  |  Comments ( 0)

Posted at 12:32 PM ET, 03/27/2014

Foreign law in American courts!

Foreign and old.

By Eugene Volokh  |  12:32 PM ET, 03/27/2014 |  Permalink  |  Comments ( 0)

Posted at 11:51 AM ET, 03/27/2014

Is the Sixth Circuit still the new Ninth?

The Supreme Court affirmed the U.S. Court of Appeals for the Sixth Circuit this week, but the lower court’s losing ways continue.

By Jonathan H. Adler  |  11:51 AM ET, 03/27/2014 |  Permalink  |  Comments ( 0)

Posted at 04:31 AM ET, 03/27/2014

A remarkable new opinion on search warrants for online accounts — and why I think it’s wrong

A federal magistrate judge has ruled that DOJ’s recommended best practice for how to draft search warrants for online accounts violates the Fourth Amendment. This post takes a close look at the issues and the opinion, and it explains why the opinion is unpersuasive. The second in a series.

By Orin Kerr  |  04:31 AM ET, 03/27/2014 |  Permalink  |  Comments ( 0)

Posted at 03:27 PM ET, 03/26/2014

Evaluating faith-based prisons: a new study

A study of the InnerChange Freedom Initiative in Minnesota purports to show beneficial effects of the program on recidivism. But I believe that the results of this study are still tainted by self-selection bias.

By Sasha Volokh  |  03:27 PM ET, 03/26/2014 |  Permalink  |  Comments ( 0)

Posted at 02:30 PM ET, 03/26/2014

Turkish court temporarily blocks Twitter ban

Turkish Prime Minister Erdogan had gotten a court order banning Twitter last week.

By Eugene Volokh  |  02:30 PM ET, 03/26/2014 |  Permalink  |  Comments ( 0)
Tags:  Turkey, Twitter

Posted at 02:14 PM ET, 03/26/2014

Interesting article by a gun control proponent about the American reality of gun politics

An article worth the attention both of gun control supporters (as the author seems to be) and gun control opponents.

By Eugene Volokh  |  02:14 PM ET, 03/26/2014 |  Permalink  |  Comments ( 0)

Posted at 09:59 AM ET, 03/26/2014

Economists’ and law professors’ letter against Tesla ban

An open letter to Chris Christie, opposing the rule against direct auto distribution — which is really nothing but pro-dealer protectionism.

By Sasha Volokh  |  09:59 AM ET, 03/26/2014 |  Permalink  |  Comments ( 0)

Posted at 02:18 AM ET, 03/26/2014

UC Santa Barbara Vice Chancellor issues statement supporting free speech …

... but also spends quite some time talking about “outsiders” and “evangelical types” who come to “create discord” and “promote personal causes and agendas.“

By Eugene Volokh  |  02:18 AM ET, 03/26/2014 |  Permalink  |  Comments ( 0)

Posted at 02:06 AM ET, 03/26/2014

Got your joke

By Eugene Volokh  |  02:06 AM ET, 03/26/2014 |  Permalink  |  Comments ( 0)

Posted at 08:11 PM ET, 03/25/2014

Ninth Circuit upholds requirement that guns be either locked or carried on one’s person

The court also upholds the ban on sale of hollow-point ammunition, though stresses that the ban doesn’t cover possession.

By Eugene Volokh  |  08:11 PM ET, 03/25/2014 |  Permalink  |  Comments ( 0)

Posted at 03:35 PM ET, 03/25/2014

From the Hobby Lobby oral argument: Should legislation passed by unanimous vote be invalidated or narrowly construed?

First Justice Scalia said it; now in a different way Justices Kagan and Ginsburg say it.

By Will Baude  |  03:35 PM ET, 03/25/2014 |  Permalink  |  Comments ( 0)

Posted at 02:12 PM ET, 03/25/2014

‘Does the Second Amendment trump the First?’

In this context, it’s a question one asks only if one has a very loose understanding of either the First Amendment or the Second.

By Eugene Volokh  |  02:12 PM ET, 03/25/2014 |  Permalink  |  Comments ( 0)

Posted at 12:18 PM ET, 03/25/2014

Abraham and Sodom: another take

In which the web comic Saturday Morning Breakfast Cereal explores what might have been in Gen. 18:23-32, and in which I discuss my paper “n guilty men” and my translation of Anna Akhmatova’s poem “Lot’s Wife“.

By Sasha Volokh  |  12:18 PM ET, 03/25/2014 |  Permalink  |  Comments ( 0)

Posted at 11:59 AM ET, 03/25/2014

Reining in FDA regulation of mobile health apps

The House and Senate have introduced legislation to limit FDA’s land grab over mobile health apps.

By Nita Farahany  |  11:59 AM ET, 03/25/2014 |  Permalink  |  Comments ( 0)

Posted at 11:01 AM ET, 03/25/2014

‘Arguendo’ comes to D.C.

Acclaimed avant-garde show about nude dancing and the First Amendment comes to DC.

By Nicholas Quinn Rosenkranz  |  11:01 AM ET, 03/25/2014 |  Permalink  |  Comments ( 0)

Posted at 07:04 AM ET, 03/25/2014

Relative value health insurance, consumer directed health care, and pay-for-performance

Comparing theoretical approaches to controlling increases in the cost of medical care.

By Russell Korobkin  |  07:04 AM ET, 03/25/2014 |  Permalink  |  Comments ( 0)

Posted at 06:43 AM ET, 03/25/2014

The New Phone Metadata Program

By Stewart Baker  |  06:43 AM ET, 03/25/2014 |  Permalink  |  Comments ( 0)

Posted at 01:11 AM ET, 03/25/2014

‘Entitled’ meaning ‘having the title’

Is this usage “wrong“?

By Eugene Volokh  |  01:11 AM ET, 03/25/2014 |  Permalink  |  Comments ( 0)

Posted at 10:40 PM ET, 03/24/2014

What the district court got wrong (and right) in Halbig v. Sebelius

An assessment of the district court decision upholding the IRS extending tax credits to federal exchanges.

By Jonathan H. Adler  |  10:40 PM ET, 03/24/2014 |  Permalink  |  Comments ( 0)

Posted at 09:42 PM ET, 03/24/2014

Oklahoma court: Judge can’t refuse name change petition on grounds that the name doesn’t fit the applicant’s perceived sex

The applicant in this case was going through a sex change, but the court’s reasoning applies more broadly.

By Eugene Volokh  |  09:42 PM ET, 03/24/2014 |  Permalink  |  Comments ( 0)

Posted at 09:36 PM ET, 03/24/2014

Free speech, right to bear arms, search and seizure, and due process claims based on gun seizure can go forward

based on Illinois government employees allegedly mislabeling a gun rights activist as mentally unfit to own guns, and seizing his guns at his home without a warrant.

By Eugene Volokh  |  09:36 PM ET, 03/24/2014 |  Permalink  |  Comments ( 0)

Posted at 06:51 PM ET, 03/24/2014

‘Negroes and the Gun’ at BBC News

A short commentary, with illustrations, by Prof. Nicholas Johnson (Fordham), who guest-blogged about this here in late January.

By Eugene Volokh  |  06:51 PM ET, 03/24/2014 |  Permalink  |  Comments ( 0)

Posted at 04:17 PM ET, 03/24/2014

Are the federal sentencing guidelines for drug dealing unduly harsh?

Two federal judges have written thoughtful and competing opinions about whether the federal sentencing guidelines are too tough on drug dealing.

By Paul Cassell  |  04:17 PM ET, 03/24/2014 |  Permalink  |  Comments ( 0)

Posted at 04:03 PM ET, 03/24/2014

Randy Barnett (with commentary by me) on ‘Popular Sovereignty and Judicial Review’

Listen to the audio of a recent talk at the University of Chicago by Randy Barnett, with me serving as commentator.

By Will Baude  |  04:03 PM ET, 03/24/2014 |  Permalink  |  Comments ( 0)

Posted at 02:25 PM ET, 03/24/2014

The Bloodlessness of Russia’s Crimean Conquest

The Russian conquest of Crimea must be the most bloodless in recent memory. With war so unterrible, some might grow too fond of it.

By Eugene Kontorovich  |  02:25 PM ET, 03/24/2014 |  Permalink  |  Comments ( 0)

Posted at 01:26 PM ET, 03/24/2014

Why the Kosovo “precedent” does not justify Russia’s annexation of Crimea

Defenders of Russia’s annexation of Crimea often cite the supposed “precedent” of Kosovo’s secession from Serbia in 2008. In reality, the differences between the two cases highlight the indefensible nature of Russia’s policy.

By Ilya Somin  |  01:26 PM ET, 03/24/2014 |  Permalink  |  Comments ( 0)

Posted at 12:34 PM ET, 03/24/2014

What Americans choose when they vote with their feet

Americans who vote with their feet tend to prefer states with low taxes, cheap housing, and job opportunities to those with more extensive public services.

By Ilya Somin  |  12:34 PM ET, 03/24/2014 |  Permalink  |  Comments ( 0)

Posted at 12:24 PM ET, 03/24/2014

Conquest is not 19th-century, its Disco

Conquest never went out of style. Nations have made plenty of territorial grabs in recent decades. Putin surely had have noticed that sustained international condemnation is reserved for one or two special countries, that typically start with “I.“

By Eugene Kontorovich  |  12:24 PM ET, 03/24/2014 |  Permalink  |  Comments ( 0)

Posted at 11:41 AM ET, 03/24/2014

Upcoming speaking engagements (Ilya Somin)

My upcoming speaking engagements.

By Ilya Somin  |  11:41 AM ET, 03/24/2014 |  Permalink  |  Comments ( 0)

Posted at 11:36 AM ET, 03/24/2014

“Ensure government big tofu”

Mandarin-English translation fail.

By Eugene Volokh  |  11:36 AM ET, 03/24/2014 |  Permalink  |  Comments ( 0)

Posted at 10:16 AM ET, 03/24/2014

A “jackalope rule-making . . . contrary to Congress’s intent”

The WSJ editorializes on Halbig v. Sebelius.

By Jonathan H. Adler  |  10:16 AM ET, 03/24/2014 |  Permalink  |  Comments ( 0)

Posted at 09:38 AM ET, 03/24/2014

Private prisons on Philosophy in Action

Diana Hsieh’s Internet radio show discusses prison privatization and mentions some of my work.

By Sasha Volokh  |  09:38 AM ET, 03/24/2014 |  Permalink  |  Comments ( 0)

Posted at 07:33 AM ET, 03/24/2014

Religious exemptions — a guide for the confused

Religious exemption law explained in 7 questions and answers. OK, the tip of the religious exemption law iceberg explained.

By Eugene Volokh  |  07:33 AM ET, 03/24/2014 |  Permalink  |  Comments ( 0)

Posted at 06:04 AM ET, 03/24/2014

Judge denies warrant application because he thinks the government doesn’t need a warrant

In recent weeks, Magistrate Judge John Facciola of the federal court in Washington, D.C., has issued a series of remarkable opinions interpreting the Fourth Amendment’s warrant requirement. I take a look at one of the decisions, with other posts to come on the rest.

By Orin Kerr  |  06:04 AM ET, 03/24/2014 |  Permalink  |  Comments ( 0)

Posted at 06:00 AM ET, 03/24/2014

Debating Snowden

By Stewart Baker  |  06:00 AM ET, 03/24/2014 |  Permalink  |  Comments ( 0)

Posted at 03:04 AM ET, 03/24/2014

“600 employees of the Office of Personnel Management … process the retirement papers of the government’s own workers” — “entirely by hand, and almost entirely on paper”

“During the past 30 years, administrations have spent more than $100 million trying to automate the old-fashioned process in the mine and make it run at the speed of computers. They couldn’t.“

By Eugene Volokh  |  03:04 AM ET, 03/24/2014 |  Permalink  |  Comments ( 0)

Posted at 06:06 PM ET, 03/23/2014

Free podcast series on corporate social responsibility

When (if ever) should businesses view themselves as having “corporate social responsibility,” independently of their duty to their shareholders? What should be the legal implications of such decisions, for instance under religious exemption regimes (as in Hobby Lobby)? Prof. David Yosifon collects several interviews, including with my colleague Stephen Bainbridge, and with me.

By Eugene Volokh  |  06:06 PM ET, 03/23/2014 |  Permalink  |  Comments ( 0)

Posted at 02:37 PM ET, 03/23/2014

Are the Koch brothers the “biggest lease holder” in Canada’s oil sands? (UPDATED)

A Washington Post story on Koch lease holdings in the Canadian oil sands raises more questions than it answers.

By Jonathan H. Adler  |  02:37 PM ET, 03/23/2014 |  Permalink  |  Comments ( 0)

Posted at 10:32 AM ET, 03/23/2014

Murray Weidenbaum, R.I.P.

The passing of a prominent conservative economist.

By Jonathan H. Adler  |  10:32 AM ET, 03/23/2014 |  Permalink  |  Comments ( 0)

Posted at 03:02 PM ET, 03/22/2014

Was delaying the employer mandate legal? Did the IRS even check?

The Administration’s string of fixes to the PPACA lack legal authorization, and it appears the Administration does not care.

By Jonathan H. Adler  |  03:02 PM ET, 03/22/2014 |  Permalink  |  Comments ( 0)

Posted at 07:40 PM ET, 03/21/2014

“Teachers did not deserve firing after sex, panel finds”

What about a cigarette?

By Eugene Volokh  |  07:40 PM ET, 03/21/2014 |  Permalink  |  Comments ( 0)

Posted at 07:10 PM ET, 03/21/2014

Is it rude to display gruesome images of aborted fetuses — or of dead or dying animals?

Gruesome images, the activists think, stem from gruesome deeds.

By Eugene Volokh  |  07:10 PM ET, 03/21/2014 |  Permalink  |  Comments ( 0)

Posted at 05:38 PM ET, 03/21/2014

Two interesting posts about language

By Sasha Volokh  |  05:38 PM ET, 03/21/2014 |  Permalink  |  Comments ( 0)

Posted at 04:55 PM ET, 03/21/2014

The Supreme Court should reverse the Ninth Circuit and uphold Slaughter-House!

The Supreme Court has the opportunity to revive the original meaning of the Privileges or Immunities Clause of the 14th Amendment without reversing any precedent or disturbing any current constitutional doctrine. They need merely reverse the Ninth Circuit.

By Randy Barnett  |  04:55 PM ET, 03/21/2014 |  Permalink  |  Comments ( 0)

Posted at 04:28 PM ET, 03/21/2014

My Little Pony 1, thugs 0

Grayson Bruce will be able to bring his “My Little Pony” bag to school again.

By Eugene Volokh  |  04:28 PM ET, 03/21/2014 |  Permalink  |  Comments ( 0)

Posted at 02:54 PM ET, 03/21/2014

Theft, assault, and vandalism charges filed against UC Santa Barbara professor

The professor allegedly stole and destroyed a young anti-abortion protester’s sign and assaulted the protester.

By Eugene Volokh  |  02:54 PM ET, 03/21/2014 |  Permalink  |  Comments ( 0)

Posted at 12:24 PM ET, 03/21/2014

Racial preferences under siege

John Fund has a nice piece over at National Review Online.

By Nicholas Quinn Rosenkranz  |  12:24 PM ET, 03/21/2014 |  Permalink  |  Comments ( 0)

Posted at 12:22 PM ET, 03/21/2014

‘We now have a court order. We’ll eradicate Twitter.’

“I don’t care what the international community says. Everyone will witness the power of the Turkish Republic.“

By Eugene Volokh  |  12:22 PM ET, 03/21/2014 |  Permalink  |  Comments ( 0)

Posted at 11:58 AM ET, 03/21/2014

Belgium bans a wide range of sexist speech

By Eugene Volokh  |  11:58 AM ET, 03/21/2014 |  Permalink  |  Comments ( 0)

Posted at 11:43 AM ET, 03/21/2014

‘If the facts alleged … are true, this … incident [was] more like home raids by Red Guards during China’s Cultural Revolution than like what we should expect in the United States’

Harsh words for federal marshals from a unanimous Sixth Circuit panel.

By Eugene Volokh  |  11:43 AM ET, 03/21/2014 |  Permalink  |  Comments ( 0)

Posted at 11:17 AM ET, 03/21/2014

English judge dismisses private fraud prosecution against Mormon Church

By Eugene Volokh  |  11:17 AM ET, 03/21/2014 |  Permalink  |  Comments ( 0)

Posted at 09:26 AM ET, 03/21/2014

‘Blood Royal’: The Provost sets a trap

Had the provost really mentioned “my lords” in the same breath as “the perpetrators” and “their accomplices”?

By Prof. Eric Jager and guest-blogging  |  09:26 AM ET, 03/21/2014 |  Permalink  |  Comments ( 0)

Posted at 11:07 PM ET, 03/20/2014

Do federal social programs work?

A new book (which conveniently has a short backgrounder summarizing its findings) suggests that no.

By Sasha Volokh  |  11:07 PM ET, 03/20/2014 |  Permalink  |  Comments ( 0)

Posted at 10:18 PM ET, 03/20/2014

Hawaii restrictions on gun carrying (essentially) held unconstitutional — for now

The Ninth Circuit can still decide to reconsider the issue en banc, and the Supreme Court might weigh in, too.

By Eugene Volokh  |  10:18 PM ET, 03/20/2014 |  Permalink  |  Comments ( 0)

Posted at 04:09 PM ET, 03/20/2014

The UC Santa Barbara Department of Feminist Studies

A Department of Feminist Studies, by definition, limits itself not just to a single subject of study, but to a single ideology or closely connected bundle of ideologies.

By Eugene Volokh  |  04:09 PM ET, 03/20/2014 |  Permalink  |  Comments ( 0)

Posted at 03:25 PM ET, 03/20/2014

Because who wants to start dating the woman who’s in a spat with her jealous gangster ex-boyfriend?

“Keeping his former Ukrainian vassal out of NATO will be easy now even if a militant anti-Russian firebrand comes to power in Kiev.... There isn’t a chance that NATO would accept a member that has a disputed territory conflict with Russia.“

By Eugene Volokh  |  03:25 PM ET, 03/20/2014 |  Permalink  |  Comments ( 0)

Posted at 02:16 PM ET, 03/20/2014

‘Blood Royal’: A break in the case

Clearly worried about being thought a co-conspirator, the broker added, “I didn’t think there was any harm in it.”

By Prof. Eric Jager and guest-blogging  |  02:16 PM ET, 03/20/2014 |  Permalink  |  Comments ( 0)

Posted at 01:55 PM ET, 03/20/2014

Third Circuit hears oral argument in United States v. Auernheimer

Can visiting a public Web site be considered a criminal offense? A federal court hears an important case on the scope of the computer crime laws.

By Orin Kerr  |  01:55 PM ET, 03/20/2014 |  Permalink  |  Comments ( 0)

Posted at 01:53 PM ET, 03/20/2014

Comment of the morning

From our old regular Sarcastro.

By Eugene Volokh  |  01:53 PM ET, 03/20/2014 |  Permalink  |  Comments ( 0)

Posted at 01:49 PM ET, 03/20/2014

What law school classes have you found especially useful for your practice of law?

We’re collecting answers for the benefit of our law school readers.

By Eugene Volokh  |  01:49 PM ET, 03/20/2014 |  Permalink  |  Comments ( 0)

Posted at 12:37 PM ET, 03/20/2014

Illinois Supreme Court strikes down broad ban on audiorecording conversations

The law generally banned audiorecording without all parties’ consent -- without regard to whether the conversation being recorded was reasonably intended to be private.

By Eugene Volokh  |  12:37 PM ET, 03/20/2014 |  Permalink  |  Comments ( 0)

Posted at 11:31 AM ET, 03/20/2014

UC Santa Barbara professor steals young anti-abortion protester’s sign, apparently assaults protesters, says she ‘set a good example for her students’

Because, of course, displaying anti-abortion signs with graphic images of fetuses violated her “personal right to go to work and not be in harm.” Oh, and “she felt ‘triggered’ by the images on the posters.“

By Eugene Volokh  |  11:31 AM ET, 03/20/2014 |  Permalink  |  Comments ( 0)

Posted at 11:14 AM ET, 03/20/2014

Proposed bill in Israeli parliament would ban distribution of free newspapers

Because equality!

By Eugene Volokh  |  11:14 AM ET, 03/20/2014 |  Permalink  |  Comments ( 0)

Posted at 10:47 AM ET, 03/20/2014

Interesting content on the new Marijuana Law, Policy & Reform blog

The difficulty of doing research on Schedule I drugs, and the possibility of industry involvement in marijuana reform measures.

By Will Baude  |  10:47 AM ET, 03/20/2014 |  Permalink  |  Comments ( 0)

Posted at 07:40 PM ET, 03/19/2014

‘[T]he kind of rigid and severe exercise of law-enforcement discretion that would make Inspector Javert proud’

That’s how a prosecution is characterized by the one judge on a three-judge panel who was willing to uphold the conviction.

By Eugene Volokh  |  07:40 PM ET, 03/19/2014 |  Permalink  |  Comments ( 0)

Posted at 06:50 PM ET, 03/19/2014

Relative value health care: Some obstacles

Here are a few problems with the concept of “relative value health insurance” that I proposed in two blog posts last week, and ways to overcome them.

By Russell Korobkin  |  06:50 PM ET, 03/19/2014 |  Permalink  |  Comments ( 0)
Tags:  health care

Posted at 04:31 PM ET, 03/19/2014

James Blumstein on Halbig v. Sebelius

Noted Vanderbilt health law professor comments on the latest Obamacare litigation

By Jonathan H. Adler  |  04:31 PM ET, 03/19/2014 |  Permalink  |  Comments ( 0)

Posted at 03:45 PM ET, 03/19/2014

Should sentencing judges look defendants in the eye?

District Judge Richard Kopf offers a very candid view of how he handles pleas for mercy that are “raw with begging and bargaining and terror and fear.“

By Will Baude  |  03:45 PM ET, 03/19/2014 |  Permalink  |  Comments ( 0)

Posted at 02:17 PM ET, 03/19/2014

Antitrust as a form of campaign finance regulation

Zephyr Teachout of Fordham Law discusses an issue dear to my heart, which I’ve discussed in the context of privatization.

By Sasha Volokh  |  02:17 PM ET, 03/19/2014 |  Permalink  |  Comments ( 0)

Posted at 12:38 PM ET, 03/19/2014

Asian-American state senators block proposal to reintroduce race preferences in California

Plus a blast from the past: Who warned that, if not for race preferences aimed at increasing “diversity,” “there are universities in California that could fill their entire freshman classes with nothing but Asian Americans“?

By Eugene Volokh  |  12:38 PM ET, 03/19/2014 |  Permalink  |  Comments ( 0)

Posted at 12:08 PM ET, 03/19/2014

An eyewitness to the murder is deposed

“I was so upset, I didn’t really -- Well, the man in the red hood who was in charge, he was definitely the tallest of them.”

By Prof. Eric Jager and guest-blogging  |  12:08 PM ET, 03/19/2014 |  Permalink  |  Comments ( 0)

Posted at 09:41 AM ET, 03/19/2014

The real constitutional problem with Antwuan Ball’s sentence

Justice Scalia’s prior opinions suggest he would disagree with the D.C. Circuit’s decision affirming a very long sentence that relied on judge-found facts. Maybe the rest of the Court would, too.

By Will Baude  |  09:41 AM ET, 03/19/2014 |  Permalink  |  Comments ( 0)

Posted at 09:55 PM ET, 03/18/2014

Senate Democrats talk about climate threat, increase risk

Three days after the climate talk-a-thon, all but two Senate Democrats vote to subsidize development in harm’s way.

By Jonathan H. Adler  |  09:55 PM ET, 03/18/2014 |  Permalink  |  Comments ( 0)

Posted at 06:34 PM ET, 03/18/2014

Public housing tenants have a right to bear arms, even in common areas

So holds the Delaware Supreme Court, applying the Delaware Constitution, but the reasoning will likely prove influential in other states, too.

By Eugene Volokh  |  06:34 PM ET, 03/18/2014 |  Permalink  |  Comments ( 0)

Posted at 02:49 PM ET, 03/18/2014

If an algorithm generated this post, is it First Amendment speech?

Articles generated by algorithms are still speech for First Amendment purposes, because humans created those algorithms. Beep.

By Stuart Benjamin  |  02:49 PM ET, 03/18/2014 |  Permalink  |  Comments ( 0)

Posted at 02:12 PM ET, 03/18/2014

Russian troops storm Ukrainian base in Crimea, apparently kill Ukrainian soldier and wound another

Russo-Ukrainian conflict “move[s] from a ‘political to a military phase.’“

By Eugene Volokh  |  02:12 PM ET, 03/18/2014 |  Permalink  |  Comments ( 0)

Posted at 12:19 PM ET, 03/18/2014

Blue Cross employees cooperating with police don’t get qualified immunity

Wyatt, Richardson, and Filarsky, oh my! The tangled web of qualified immunity under current Supreme Court caselaw.

By Sasha Volokh  |  12:19 PM ET, 03/18/2014 |  Permalink  |  Comments ( 0)

Posted at 11:03 AM ET, 03/18/2014

The Provost examines the victim’s corpse at the crime scene

“Item, his left hand was severed completely from the arm between the thumb and the wrist.”

By Prof. Eric Jager and guest-blogging  |  11:03 AM ET, 03/18/2014 |  Permalink  |  Comments ( 0)

Posted at 10:45 AM ET, 03/18/2014

Should a drug dealer acquitted of running a drug ring be sentenced for running a drug ring?

By Paul Cassell  |  10:45 AM ET, 03/18/2014 |  Permalink  |  Comments ( 0)

Posted at 07:45 AM ET, 03/18/2014

Elane Photography v. Willock and a First Amendment right not to create speech

Why wedding photographers -- or freelance writers -- should have the right to choose not to create photographs (or press releases) that they disapprove of, whether based on sexual orientation, religion, or anything else.

By Eugene Volokh  |  07:45 AM ET, 03/18/2014 |  Permalink  |  Comments ( 0)

Posted at 05:34 AM ET, 03/18/2014

First Amendment right of access to judicial proceedings

Will the Supreme Court agree to hear arguments on the subject (in Strine v. Delaware Coalition for Open Government, Inc.) for the first time since 1986, right before the most senior current Justice joined the Court?

By Eugene Volokh  |  05:34 AM ET, 03/18/2014 |  Permalink  |  Comments ( 0)

Posted at 05:31 AM ET, 03/18/2014

Reverse defamation, the Newsweek Bitcoin story, and Satoshi Nakamoto

Can someone sue for false statements that don’t injure his reputation, or even wrongly make him look brilliant?

By Eugene Volokh  |  05:31 AM ET, 03/18/2014 |  Permalink  |  Comments ( 0)

Posted at 10:44 PM ET, 03/17/2014

George Will on Vladimir Putin

By Eugene Volokh  |  10:44 PM ET, 03/17/2014 |  Permalink  |  Comments ( 0)

Posted at 05:35 PM ET, 03/17/2014

Thugs win again — ‘My Little Pony’ edition

OK, maybe not full-on thugs yet, but the school may be helping them turn into the thugs of the future.

By Eugene Volokh  |  05:35 PM ET, 03/17/2014 |  Permalink  |  Comments ( 0)

Posted at 05:19 PM ET, 03/17/2014

A brief history of the ACLU and campaign finance

“The ACLU story in this fight goes back forty-plus years to a time when Richard Nixon’s Justice Department used the Federal Election Campaign Act of 1971 (FECA) to silence and punish its critics.“

By  |  05:19 PM ET, 03/17/2014 |  Permalink  |  Comments ( 0)

Posted at 03:25 PM ET, 03/17/2014

Louisiana official trying to stop MoveOn’s use of Louisiana tourism slogan

But such use of trademarks in parody and criticism is protected by the First Amendment.

By Eugene Volokh  |  03:25 PM ET, 03/17/2014 |  Permalink  |  Comments ( 0)

Posted at 03:24 PM ET, 03/17/2014

The dubious Crimean referendum on annexation by Russia

The implausibly high 96.7% “yes” vote in the Crimean referendum on annexation by Russia strongly suggested that the results were achieved by fraud or intimidation. That reality further taints the already dubious case for Russian annexation of Crimea.

By Ilya Somin  |  03:24 PM ET, 03/17/2014 |  Permalink  |  Comments ( 0)

Posted at 12:31 PM ET, 03/17/2014

One of history’s first detectives, and a murder that changed history

As blades flashed in the torchlight, the lord desperately threw his arms in the air to fend off the blows.

By Prof. Eric Jager and guest-blogging  |  12:31 PM ET, 03/17/2014 |  Permalink  |  Comments ( 0)

Posted at 10:01 AM ET, 03/17/2014

Faith-based prisons in World magazine

My work on faith-based prisons hits the big time.

By Sasha Volokh  |  10:01 AM ET, 03/17/2014 |  Permalink  |  Comments ( 0)

Posted at 03:25 PM ET, 03/16/2014

Verse for Sunday: “When Russian Tanks Roll Westward”

The Ogre may not master speech, but townsfolk still cannot master deed.

By Eugene Kontorovich  |  03:25 PM ET, 03/16/2014 |  Permalink  |  Comments ( 0)

Posted at 11:00 AM ET, 03/16/2014

Dateline: Shushan, Persian Empire, 600 BCE

The Shushan Jewish communities faced some of the same tensions we experience today.

By David Bernstein  |  11:00 AM ET, 03/16/2014 |  Permalink  |  Comments ( 0)

Posted at 10:42 AM ET, 03/16/2014

Open Borders Day

A brief summary of the case for open borders, in honor of Open Borders Day.

By Ilya Somin  |  10:42 AM ET, 03/16/2014 |  Permalink  |  Comments ( 0)

Posted at 04:36 PM ET, 03/15/2014

The ides of March are come

Ay, Caesar; but not gone.

By Sasha Volokh  |  04:36 PM ET, 03/15/2014 |  Permalink  |  Comments ( 0)

Posted at 12:23 AM ET, 03/15/2014

Funny business response to a union’s “Shame on …” sign

It’s the Subaru of Wichita item; skip if you’ve seen it already.

By Eugene Volokh  |  12:23 AM ET, 03/15/2014 |  Permalink  |  Comments ( 0)

Posted at 06:08 PM ET, 03/14/2014

Prof. Eric Jager guest-blogging on “Blood Royal: A True Tale of Crime and Detection in Medieval Paris”

Who killed Louis of Orleans?

By Eugene Volokh  |  06:08 PM ET, 03/14/2014 |  Permalink  |  Comments ( 0)

Posted at 12:03 PM ET, 03/14/2014

New paper on Armen Alchian, behavioral economics, and the firm

By Todd Zywicki  |  12:03 PM ET, 03/14/2014 |  Permalink  |  Comments ( 0)

Posted at 09:45 AM ET, 03/14/2014

Happy Pi Day!

3.14159265358979....

By Sasha Volokh  |  09:45 AM ET, 03/14/2014 |  Permalink  |  Comments ( 0)

Posted at 05:42 PM ET, 03/13/2014

In defense of talking funny

On languages and dialects and what it means to speak English.

By Sasha Volokh  |  05:42 PM ET, 03/13/2014 |  Permalink  |  Comments ( 0)

Posted at 05:03 PM ET, 03/13/2014

Why the federal government wastes large amounts of property it often doesn’t even know it owns

The federal government owns large amounts of unused property that is going to waste. Sadly, government officials have little incentive to address the problem. This sad state of affairs unintentionally demonstrates the advantages of private property rights.

By Ilya Somin  |  05:03 PM ET, 03/13/2014 |  Permalink  |  Comments ( 0)

Posted at 05:02 PM ET, 03/13/2014

High school student suspended for refusing to remove NRA T-shirt

Looks like a violation of the First Amendment -- and there’s a federal appellate case that’s pretty closely on point.

By Eugene Volokh  |  05:02 PM ET, 03/13/2014 |  Permalink  |  Comments ( 0)

Posted at 04:48 PM ET, 03/13/2014

Joe McGinniss, R.I.P.

By David Post  |  04:48 PM ET, 03/13/2014 |  Permalink  |  Comments ( 0)

Posted at 04:10 PM ET, 03/13/2014

“Sebelius v. Hobby Lobby: Corporate Rights and Religious Liberties”

A new Cato Institute ebook publishing a long series of posts I wrote a few months ago.

By Eugene Volokh  |  04:10 PM ET, 03/13/2014 |  Permalink  |  Comments ( 0)

Posted at 02:31 PM ET, 03/13/2014

Hamburger on Hobby Lobby: Are corporations and churches fractional persons under the Constitution?

Columbia Professor Philip Hamburger has a typically elegant piece exploring some of the deeper issues.

By  |  02:31 PM ET, 03/13/2014 |  Permalink  |  Comments ( 0)

Posted at 01:16 PM ET, 03/13/2014

Federal contractor immunity in Anchorage

A recent federal district court case from Alaska shows how concepts of qualified immunity, sovereign immunity, and defenses on the merits often get confused with one another.

By Sasha Volokh  |  01:16 PM ET, 03/13/2014 |  Permalink  |  Comments ( 0)

Posted at 10:04 AM ET, 03/13/2014

We’ve hit the big time!

“This is the kind of spontaneous publicity -- your name in print -- that makes people. I’m in print! Things are going to start happening to me now.“

By Eugene Volokh  |  10:04 AM ET, 03/13/2014 |  Permalink  |  Comments ( 0)

Posted at 10:04 AM ET, 03/13/2014

New study on the application of behavioral economics to real-world regulation

The vexing problems of actually implementing behavioral economics in a real-world political context.

By Todd Zywicki  |  10:04 AM ET, 03/13/2014 |  Permalink  |  Comments ( 0)

Posted at 11:24 PM ET, 03/12/2014

Garcia v. Google, Inc. en banc materials

That’s the “Innocence of Muslims” copyright case; the post links to the parties’ arguments related to whether the Ninth Circuit should rehear the case using an 11-judge en banc panel.

By Eugene Volokh  |  11:24 PM ET, 03/12/2014 |  Permalink  |  Comments ( 0)

Posted at 09:30 PM ET, 03/12/2014

Relative-value health insurance

Here’s a brief description of my proposal to use government-provided information to facilitate a private health insurance market that has the potential to control the spiraling costs of medical care.

By Russell Korobkin  |  09:30 PM ET, 03/12/2014 |  Permalink  |  Comments ( 0)
Tags:  health care costs, moral hazard, relative value health insurance

Posted at 04:11 PM ET, 03/12/2014

‘Unlearning Liberty: Campus Censorship and the End of American Debate’

This book by Greg Lukianoff of the Foundation for Individual Rights in Education is now out in paperback. I highly recommend it.

By Eugene Volokh  |  04:11 PM ET, 03/12/2014 |  Permalink  |  Comments ( 0)

Posted at 04:04 PM ET, 03/12/2014

The Origination Clause and the problem of “double deference”

If judges cannot see that Obamacare originated in the Senate rather than in the House as required by Art I, sec 7, they should hang up their robes. Courts should not defer to Congress on this, and neither should law professors defer to the courts.

By Randy Barnett  |  04:04 PM ET, 03/12/2014 |  Permalink  |  Comments ( 0)

Posted at 03:16 PM ET, 03/12/2014

California initiative proponents wise up, in the wake of Prop. 8 case

The U.S. Supreme Court denied initiative proponents standing to defend their initiatives in federal court. Will new ballot language change the result?

By Sasha Volokh  |  03:16 PM ET, 03/12/2014 |  Permalink  |  Comments ( 0)

Posted at 03:15 PM ET, 03/12/2014

“The defendants’ appeal brief is a gaunt, pathetic document”

Here’s the factual summary from today’s opinion in Central States, Southeast & Southwest Areas Health & Welfare Fund.

By Eugene Volokh  |  03:15 PM ET, 03/12/2014 |  Permalink  |  Comments ( 0)

Posted at 11:27 AM ET, 03/12/2014

Remembering Professor Joseph L. Sax

He was a profoundly influential scholar of environmental law, having written groundbreaking articles on property rights, takings, and the public trust doctrine.

By Jonathan H. Adler  |  11:27 AM ET, 03/12/2014 |  Permalink  |  Comments ( 0)
Tags:  Environmental law

Posted at 07:51 PM ET, 03/11/2014

Darren Aronofsky’s “Noah” movie (starring Russell Crowe) banned in Bahrain, Qatar and the United Arab Emirates

Ban also expected in Egypt, Jordan, and Kuwait.

By Eugene Volokh  |  07:51 PM ET, 03/11/2014 |  Permalink  |  Comments ( 0)

Posted at 12:33 PM ET, 03/11/2014

San Jose wants to overturn baseball’s antitrust exemption

The Ninth Circuit could hear this case soon: might the 1922 baseball antitrust exemption be read narrowly or ultimately overruled by the Supreme Court?

By Sasha Volokh  |  12:33 PM ET, 03/11/2014 |  Permalink  |  Comments ( 0)

Posted at 11:23 AM ET, 03/11/2014

Sentence enhancement for any “adult male [who assaults] a female”

The Virgin Islands Supreme Court considers this statute

By Eugene Volokh  |  11:23 AM ET, 03/11/2014 |  Permalink  |  Comments ( 0)

Posted at 07:07 PM ET, 03/10/2014

Health-care costs and the ‘moral hazard’ problem

Patients who have low-deductible, low co-payment insurance will demand any and all pharmaceuticals and other treatments that promise any benefit at all, net of the risks and side effects of the treatment, without regard to cost.

By Russell Korobkin  |  07:07 PM ET, 03/10/2014 |  Permalink  |  Comments ( 0)
Tags:  health care, Obamacare, relative value health insurance

Posted at 04:11 PM ET, 03/10/2014

Immunity for KBR and Halliburton? Not yet, says the Fourth Circuit

The Fourth Circuit denies military contractors’ immunity claims, for now.

By Sasha Volokh  |  04:11 PM ET, 03/10/2014 |  Permalink  |  Comments ( 0)

Posted at 11:48 AM ET, 03/10/2014

D.C. Circuit sidesteps origination clause challenge to Obamacare

Another constitutional challenge to Obamacare makes its way through the courts.

By Jonathan H. Adler  |  11:48 AM ET, 03/10/2014 |  Permalink  |  Comments ( 0)

Posted at 10:43 AM ET, 03/10/2014

March speaking engagements

Upcoming campus talks by Prof. Eugene Kontorovich in NYC & N.C. Triangle. Open to the public.

By Eugene Kontorovich  |  10:43 AM ET, 03/10/2014 |  Permalink  |  Comments ( 0)

Posted at 09:45 PM ET, 03/09/2014

When think tanks are in the tank

A blogger claims ThinkProgress toned down its positions at White House request, and suggests this is business-as-usual in Washington.

By Jonathan H. Adler  |  09:45 PM ET, 03/09/2014 |  Permalink  |  Comments ( 0)

Posted at 09:50 PM ET, 03/08/2014

Important cert petition about the constitutional law of boats

One of my more obscure constitutional law interests is the constitutional law of boats.

By Will Baude  |  09:50 PM ET, 03/08/2014 |  Permalink  |  Comments ( 0)

Posted at 09:50 PM ET, 03/08/2014

Upcoming talks in Belgium and Germany about Democracy and Political Ignorance (Ilya Somin)

By Ilya Somin  |  09:50 PM ET, 03/08/2014 |  Permalink  |  Comments ( 0)

Posted at 09:50 PM ET, 03/08/2014

When a change in constitutional practice is legally invalid

What it means to have higher law.

By Will Baude  |  09:50 PM ET, 03/08/2014 |  Permalink  |  Comments ( 0)

Posted at 09:50 PM ET, 03/08/2014

Beautiful Russian provocateur, pretending to be Ukrainian, carrying stylish handbag bomb

By Eugene Volokh  |  09:50 PM ET, 03/08/2014 |  Permalink  |  Comments ( 0)

Posted at 09:50 PM ET, 03/08/2014

Geography puzzle

By Eugene Volokh  |  09:50 PM ET, 03/08/2014 |  Permalink  |  Comments ( 0)

Posted at 07:03 PM ET, 03/08/2014

What would Salon think of an article called, ‘Why I can’t stand Asian musicians who play Beethoven’?

Consider a real Salon article: “Why I can’t stand white belly dancers.“

By Eugene Volokh  |  07:03 PM ET, 03/08/2014 |  Permalink  |  Comments ( 0)

Posted at 03:43 PM ET, 03/08/2014

Why Google shouldn’t be the copyright court of last resort

By David Post  |  03:43 PM ET, 03/08/2014 |  Permalink  |  Comments ( 0)

Posted at 03:25 PM ET, 03/08/2014

The due process exclusionary rule and the good faith exception

Should courts embrace the good-faith principle apparently endorsed by the Supreme Court in Herring v. United States?

By Richard Re and guest-blogging  |  03:25 PM ET, 03/08/2014 |  Permalink  |  Comments ( 0)

Posted at 02:16 PM ET, 03/08/2014

Crimea and the morality of secession

There are several plausible approaches to judging the morality of secession. But none of them can justify the current attempt to detach Crimea from Ukraine.

By Ilya Somin  |  02:16 PM ET, 03/08/2014 |  Permalink  |  Comments ( 0)

Posted at 09:59 AM ET, 03/08/2014

Some advantages of a due process-based exclusionary rule

Why the Due Process Clause exclusionary rule model makes more sense than the alternatives.

By RIchard Re and guest-blogging  |  09:59 AM ET, 03/08/2014 |  Permalink  |  Comments ( 0)

Posted at 09:16 AM ET, 03/08/2014

The problem of prosecutorial misconduct

Because prosecutors are largely immune from suit for their actions, some prosecutors take liberties.

By Jonathan H. Adler  |  09:16 AM ET, 03/08/2014 |  Permalink  |  Comments ( 0)

Posted at 06:14 PM ET, 03/07/2014

Intelligence Squared debate: The president has constitutional power to target and kill U.S. citizens abroad

Intelligence Squared presents a debate about whether the President can target and kill U.S. Citizens abroad.

By Nicholas Quinn Rosenkranz  |  06:14 PM ET, 03/07/2014 |  Permalink  |  Comments ( 0)
Tags:  due process, targeted killing

Posted at 06:02 PM ET, 03/07/2014

Which group is exempted from the federal switchblade ban?

(Don’t include groups defined by line of business or by profession, such as common carriers, military, or military contractors.)

By Eugene Volokh  |  06:02 PM ET, 03/07/2014 |  Permalink  |  Comments ( 0)

Posted at 05:53 PM ET, 03/07/2014

Court rejects prosecution for “ask[ing] a child to carry some boxes to his apartment in exchange for money”

An Ohio statute banned people from “solicit[ing]” a child under 14 to accompany them without the parent’s permission -- regardless of whether they had any intent to do something bad to the child.

By Eugene Volokh  |  05:53 PM ET, 03/07/2014 |  Permalink  |  Comments ( 0)

Posted at 03:32 PM ET, 03/07/2014

Originalism: the theory and the politics

There are some interesting tensions raised sometimes by the difference between academic originalism and practical originalism but they’re ultimately not fatal to originalism.

By Will Baude  |  03:32 PM ET, 03/07/2014 |  Permalink  |  Comments ( 0)

Posted at 01:18 PM ET, 03/07/2014

North Carolina judge strikes down vouchers

North Carolina’s voucher program is on hold after the judge granted a preliminary injunction. This opinion is non-crazy, but it still leaves the path open to vouchers by other means.

By Sasha Volokh  |  01:18 PM ET, 03/07/2014 |  Permalink  |  Comments ( 0)

Posted at 09:29 AM ET, 03/07/2014

What do state constitutions say about vouchers?

There are a lot of state constitutional law theories that would restrict vouchers in some way -- and they’re not all based on religion.

By Sasha Volokh  |  09:29 AM ET, 03/07/2014 |  Permalink  |  Comments ( 0)

Posted at 11:45 PM ET, 03/06/2014

Sarah Tran, RIP

A brief tribute to Sarah Tran, a young and promising SMU law professor who recently passed away after a courageous struggle with leukemia.

By Ilya Somin  |  11:45 PM ET, 03/06/2014 |  Permalink  |  Comments ( 0)

Posted at 07:42 PM ET, 03/06/2014

Are laws limiting magazine capacity to 10 rounds constitutional?

A federal district court says yes, and that’s probably right -- even if it’s unlikely the limits would do much good.

By Eugene Volokh  |  07:42 PM ET, 03/06/2014 |  Permalink  |  Comments ( 0)

Posted at 06:14 PM ET, 03/06/2014

The world discovers the legality of the Gaza blockade

By Eugene Kontorovich  |  06:14 PM ET, 03/06/2014 |  Permalink  |  Comments ( 0)

Posted at 05:15 PM ET, 03/06/2014

Illegal aliens aren’t eligible for Florida bar membership

So holds the Florida Supreme Court, following federal law (which the state legislature could have avoided, but didn’t).

By Eugene Volokh  |  05:15 PM ET, 03/06/2014 |  Permalink  |  Comments ( 0)

Posted at 03:09 PM ET, 03/06/2014

Ninth Circuit judge calls for vote on whether an 11-judge panel should rehear Garcia v. Google stay order

That’s the “Innocence of Muslims” copyright case.

By Eugene Volokh  |  03:09 PM ET, 03/06/2014 |  Permalink  |  Comments ( 0)

Posted at 10:59 AM ET, 03/06/2014

Bloodhound law

When is bloodhound evidence admissible?

By Eugene Volokh  |  10:59 AM ET, 03/06/2014 |  Permalink  |  Comments ( 0)

Posted at 12:57 AM ET, 03/06/2014

Why holding the piracy statute’s life sentence unconstitutional was a mistake

A federal court that held it was “cruel and unusual” to sentence unsuccessful pirates to life in prison misunderstood international law, the Constitution, and the nature of piracy.

By Eugene Kontorovich  |  12:57 AM ET, 03/06/2014 |  Permalink  |  Comments ( 0)
Tags:  Eigth Amendment, pirates, Somalie

Posted at 06:23 PM ET, 03/05/2014

Upskirt photography not a crime in Massachusetts

It could be made a crime, but the state statute just doesn’t cover it.

By Eugene Volokh  |  06:23 PM ET, 03/05/2014 |  Permalink  |  Comments ( 0)

Posted at 04:08 PM ET, 03/05/2014

English legal history: answers, and a further question

In which I answer yesterday’s question and pose a new question.

By Sasha Volokh  |  04:08 PM ET, 03/05/2014 |  Permalink  |  Comments ( 0)

Posted at 04:06 PM ET, 03/05/2014

Court holds federal high seas piracy statute unconstitutional

By Eugene Kontorovich  |  04:06 PM ET, 03/05/2014 |  Permalink  |  Comments ( 0)
Tags:  piracy, Somalia

Posted at 03:38 PM ET, 03/05/2014

Life imitates the Volokh Conspiracy (with due credit to Jonathan Tobin)

The day after I endorsed the view that Obama undermined peace talks by bashing Netanyahu, Kerry aides are apparently saying the same thing.

By David Bernstein  |  03:38 PM ET, 03/05/2014 |  Permalink  |  Comments ( 0)

Posted at 02:10 PM ET, 03/05/2014

A crime for teenagers to excoriate their unfaithful or abusive lovers on Facebook?

That would be one effect of a proposed Colorado bill, which has passed one legislative committee and is about to come before another.

By Eugene Volokh  |  02:10 PM ET, 03/05/2014 |  Permalink  |  Comments ( 0)

Posted at 02:07 PM ET, 03/05/2014

Differing reactions to United States v. Maloney

Some disagree that the government shouldn’t be commended for confessing error so late in the process.

By Will Baude  |  02:07 PM ET, 03/05/2014 |  Permalink  |  Comments ( 0)

Posted at 11:11 AM ET, 03/05/2014

A sketch of the due process exclusionary rule

An alternative way of understanding the exclusionary rule -- namely, as an implication of the constitutional right to due process.

By Richard Re  |  11:11 AM ET, 03/05/2014 |  Permalink  |  Comments ( 0)

Posted at 10:53 AM ET, 03/05/2014

Justice Scalia wishes the court had expressed no opinion about expressing no opinion

And he writes no opinion expressing that opinion.

By Eugene Volokh  |  10:53 AM ET, 03/05/2014 |  Permalink  |  Comments ( 0)

Posted at 07:34 PM ET, 03/04/2014

Judges inviting the filing of amicus briefs

I’m looking for feedback from lawyers and judges on how this process works, and how academics can help.

By Eugene Volokh  |  07:34 PM ET, 03/04/2014 |  Permalink  |  Comments ( 0)

Posted at 04:30 PM ET, 03/04/2014

Interesting English legal history questions

How much English legal history do you know?

By Sasha Volokh  |  04:30 PM ET, 03/04/2014 |  Permalink  |  Comments ( 0)

Posted at 04:02 PM ET, 03/04/2014

First set of briefs are filed in the cell phone search cases

The Supreme Court will hear argument in these important Fourth Amendment cases in late April.

By Orin Kerr  |  04:02 PM ET, 03/04/2014 |  Permalink  |  Comments ( 0)

Posted at 01:36 PM ET, 03/04/2014

Problems with current exclusionary doctrine

A guest post on The Due Process Exclusionary Rule, forthcoming in the Harvard Law Review.

By Richard Re and guest-blogging  |  01:36 PM ET, 03/04/2014 |  Permalink  |  Comments ( 0)

Posted at 01:28 PM ET, 03/04/2014

The exclusionary rule on the brink

The first of five guest posts on Richard Re’s new article, The Due Process Exclusionary Rule.

By Richard Re and guest-blogging  |  01:28 PM ET, 03/04/2014 |  Permalink  |  Comments ( 0)

Posted at 11:42 AM ET, 03/04/2014

Law prevails

A case called Law v. Siegel — handed down today by the Supreme Court — is a small counter-illustration to the cynical assumptions about the Justices just voting their ideologies.

By Eugene Volokh  |  11:42 AM ET, 03/04/2014 |  Permalink  |  Comments ( 0)

Posted at 11:35 AM ET, 03/04/2014

The Ninth Circuit convinces U.S. Attorney to vacate conviction, commends her for agreeing to do so

The Ninth Circuit has finally granted the government’s motion to vacate the conviction in United States v. Maloney, and commended the U.S. Attorney for doing so (after the government was scolded at oral argument). I explain why this case was not handled well.

By Will Baude  |  11:35 AM ET, 03/04/2014 |  Permalink  |  Comments ( 0)

Posted at 11:06 AM ET, 03/04/2014

It may count as a war, but not as “hostilities”—evidence of Obama Administration lawlessness

By David Bernstein  |  11:06 AM ET, 03/04/2014 |  Permalink  |  Comments ( 0)

Posted at 10:41 AM ET, 03/04/2014

Obama kills the peace process

By David Bernstein  |  10:41 AM ET, 03/04/2014 |  Permalink  |  Comments ( 0)

Posted at 10:34 AM ET, 03/04/2014

Another interesting Supreme Court lineup

The court concluded that the Sarbanes-Oxley whistleblower protections extend to employees of contractors.

By Jonathan H. Adler  |  10:34 AM ET, 03/04/2014 |  Permalink  |  Comments ( 0)

Posted at 11:15 PM ET, 03/03/2014

Thoughts on the crisis in Ukraine (updated with some new information about the upcoming Crimean referendum)

There is no easy solution to the current crisis over Crimea. But sanctions targeting Russia’s political elite are probably the best of the limited available options.

By Ilya Somin  |  11:15 PM ET, 03/03/2014 |  Permalink  |  Comments ( 0)

Posted at 04:28 PM ET, 03/03/2014

Supreme Court grants cert in important case on antitrust state-action immunity

It’s the North Carolina Board of Dental Examiners case, which I blogged about a few weeks ago.

By Sasha Volokh  |  04:28 PM ET, 03/03/2014 |  Permalink  |  Comments ( 0)

Posted at 04:20 PM ET, 03/03/2014

Who cut off Samson’s hair?

Seriously, who was it, according to the Bible?

By Eugene Volokh  |  04:20 PM ET, 03/03/2014 |  Permalink  |  Comments ( 0)

Posted at 04:15 PM ET, 03/03/2014

“Islamic extremists” put a price on your head? That means you can’t give a speech in this American government building

Government rents space to speaker, but then orders event shut down because it learns “that there had been death threats directed toward [the speaker] from Islamic extremists in the past.“

By Eugene Volokh  |  04:15 PM ET, 03/03/2014 |  Permalink  |  Comments ( 0)

Posted at 03:20 PM ET, 03/03/2014

Podcast on my book Democracy and Political Ignorance

Link to the new Cato Institute podcast about my book Democracy and Political Ignorance.

By Ilya Somin  |  03:20 PM ET, 03/03/2014 |  Permalink  |  Comments ( 0)

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

More on the “Innocence of Muslims”

By David Post  |  01:45 PM ET, 03/03/2014 |  Permalink  |  Comments ( 0)

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

Originalism and the rule that government actors don’t change the Constitution

Our current legal rules honor an important relevant principle in the text: government agents are not authorized to make constitutional change.

By Will Baude  |  01:27 PM ET, 03/03/2014 |  Permalink  |  Comments ( 0)

Posted at 10:56 AM ET, 03/03/2014

Three ways of serving the underbanked (without the post office)

Even if the Post Office does enter into the business of serving unbanked and underbanked consumers, is it likely to actually be a viable competitor?

By Todd Zywicki  |  10:56 AM ET, 03/03/2014 |  Permalink  |  Comments ( 0)

Posted at 10:47 AM ET, 03/03/2014

Supreme Court will hear Muslim prisoner’s religious challenge to prison no-beards policy

Congress has required prisons to exempt sincere religious objectors from various prison rules, unless the government can show that the rule “is the least restrictive means of furthering [a] compelling governmental interest.“

By Eugene Volokh  |  10:47 AM ET, 03/03/2014 |  Permalink  |  Comments ( 0)

Posted at 10:42 AM ET, 03/03/2014

Test post — please ignore

By Eugene Volokh  |  10:42 AM ET, 03/03/2014 |  Permalink  |  Comments ( 0)

Posted at 10:14 AM ET, 03/03/2014

How liberals learned to stop worrying and love standing doctrine

The arcane constitutional doctrine of standing keeps many ideological cases out of federal courts. Liberals have traditionally been hostile to the doctrine, but now it is the one thing keeping the Obama Administration from a flood of serious constitutional lawsuits.

By Eugene Kontorovich  |  10:14 AM ET, 03/03/2014 |  Permalink  |  Comments ( 0)
Tags:  Supreme Court

Posted at 03:10 PM ET, 03/02/2014

Assessing immigration policy as if immigrants were people too

In assessing the costs and benefits of immigration, we cannot ignore the rights and interests of immigrants themselves - including the severe infringements on their liberty imposed by immigration restrictions.

By Ilya Somin  |  03:10 PM ET, 03/02/2014 |  Permalink  |  Comments ( 0)

Posted at 05:37 PM ET, 03/01/2014

Is it a crime to smuggle a camera into a Supreme Court argument and to film the proceedings inside?

Some say it’s legal to surreptitiously film a Supreme Court argument. But here are two-and-a-half reasons why it might be illegal.

By Orin Kerr  |  05:37 PM ET, 03/01/2014 |  Permalink  |  Comments ( 0)
Tags:  Supreme Court

Posted at 10:42 AM ET, 03/01/2014

“Innocence of Muslims” injunction doesn’t apply to copies of the film that exclude plaintiff Cindy Garcia’s performance

So the Ninth Circuit just made clear, though this was the logic of its opinion from the outset.

By Eugene Volokh  |  10:42 AM ET, 03/01/2014 |  Permalink  |  Comments ( 0)

Posted at 07:36 AM ET, 03/01/2014

Steve McIntyre: was Michael Mann “exonerated” by the Oxburgh Panel?

By  |  07:36 AM ET, 03/01/2014 |  Permalink  |  Comments ( 0)

Posted at 12:32 AM ET, 03/01/2014

Richard Re, guest-blogging about the exclusionary rule

A new defense of the exclusionary rule, which may prove quite influential.

By Eugene Volokh  |  12:32 AM ET, 03/01/2014 |  Permalink  |  Comments ( 0)

 

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