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Volokh Conspiracy: May, 2014

Posted at 04:25 PM ET, 05/31/2014

Prof. Laurence Tribe guest-blogging this coming week

One of the leading American constitutional law scholars of our time will be guest-blogging this coming week about his new book.

By Eugene Volokh  |  04:25 PM ET, 05/31/2014 |  Permalink  |  Comments ( 0)

Posted at 05:39 PM ET, 05/30/2014

Iowa Supreme Court amends the opinion in Bertrand v. Mullin

A post two weeks ago noted that an opinion had an inconsistency in it; the inconsistency has now been resolved.

By Eugene Volokh  |  05:39 PM ET, 05/30/2014 |  Permalink  |  Comments ( 0)

Posted at 02:39 PM ET, 05/30/2014

Federal court strikes down Missouri’s flag desecration statute

You might think there wouldn’t need to be a decision on that, given the Supreme Court’s 1989/1990 flag desecration cases. But Missouri officials seemed to think otherwise.

By Eugene Volokh  |  02:39 PM ET, 05/30/2014 |  Permalink  |  Comments ( 0)

Posted at 01:05 PM ET, 05/30/2014

Homer Nods Again — IQ Statistics Edition — UPDATED

A report accuses Justice Alito of flubbing the facts in his discussion of IQ stats in a recent death penalty decision.

By Jonathan H. Adler  |  01:05 PM ET, 05/30/2014 |  Permalink  |  Comments ( 0)

Posted at 10:42 AM ET, 05/30/2014

A law professor for governor in New York?

Fordham law professor Zephyr Teachout is seeking to be the WFP nominee in New York.

By Jonathan H. Adler  |  10:42 AM ET, 05/30/2014 |  Permalink  |  Comments ( 0)

Posted at 10:03 PM ET, 05/29/2014

The history of magazines holding 11 or more rounds: Amicus brief in 9th Circuit

Magazines holding more than 10 rounds have been common in America for over 150 years.

By David Kopel  |  10:03 PM ET, 05/29/2014 |  Permalink  |  Comments ( 0)

Posted at 06:40 PM ET, 05/29/2014

Why aren’t there more black libertarians? Libertarian opposition to big government

It’s going to take a lot more than a change of rhetoric to make libertarianism broadly appealing to African Americans.

By David Bernstein  |  06:40 PM ET, 05/29/2014 |  Permalink  |  Comments ( 0)

Posted at 06:30 PM ET, 05/29/2014

Legally required video surveillance

Proposed for gun sales -- enacted for used cell phone and scrap vehicle purchases -- perhaps soon for alcohol sales, and legal marijuana sales?

By Eugene Volokh  |  06:30 PM ET, 05/29/2014 |  Permalink  |  Comments ( 0)

Posted at 01:58 PM ET, 05/29/2014

How the Asians became white

“Google on Wednesday released statistics on the makeup of its work force, providing numbers that offer a stark glance at how Silicon Valley remains a white man’s world,” reports a New York Times Bits blog post.

By Eugene Volokh  |  01:58 PM ET, 05/29/2014 |  Permalink  |  Comments ( 0)

Posted at 01:45 PM ET, 05/29/2014

Mercatus-Cato program on Dodd-Frank

By Todd Zywicki  |  01:45 PM ET, 05/29/2014 |  Permalink  |  Comments ( 0)

Posted at 10:41 AM ET, 05/29/2014

Same-sex marriage and legislative grand bargains

Robin Wilson has an informative post at the Law and Liberty blog about the widely misreported Arizona bill SB 1062 that the state’s governor vetoed earlier this year.

By Todd Zywicki  |  10:41 AM ET, 05/29/2014 |  Permalink  |  Comments ( 0)

Posted at 08:38 PM ET, 05/28/2014

Henry Juszkiewicz and Harvey Silverglate on Real Clear Radio Hour with Bill Frezza

By Todd Zywicki  |  08:38 PM ET, 05/28/2014 |  Permalink  |  Comments ( 0)

Posted at 06:05 PM ET, 05/28/2014

“Why aren’t there more black libertarians?”

An interesting essay from Jonathan Blanks.

By Orin Kerr  |  06:05 PM ET, 05/28/2014 |  Permalink  |  Comments ( 0)

Posted at 05:58 PM ET, 05/28/2014

Did IRS illegally specially scrutinize “Israel-related organizations”?

A federal district court says this lawsuit can go forward.

By Eugene Volokh  |  05:58 PM ET, 05/28/2014 |  Permalink  |  Comments ( 0)

Posted at 12:31 PM ET, 05/28/2014

“In God We Trust” on currency doesn’t violate the First Amendment or the Religious Freedom Restoration Act

So holds the U.S. Court of Appeals for the Second Circuit.

By Eugene Volokh  |  12:31 PM ET, 05/28/2014 |  Permalink  |  Comments ( 0)

Posted at 11:01 AM ET, 05/28/2014

“A separate concurrence on the Kinsley review,” by Prof. Paul Horwitz

More on the debate between the New York Times’ ombudsperson, Margaret Sullivan, and Michael Kinsley about Kinsley’s book review of Glenn Greenwald’s book.

By Eugene Volokh  |  11:01 AM ET, 05/28/2014 |  Permalink  |  Comments ( 0)

Posted at 09:37 AM ET, 05/28/2014

Bruno Leoni at 101

By Todd Zywicki  |  09:37 AM ET, 05/28/2014 |  Permalink  |  Comments ( 0)

Posted at 08:51 AM ET, 05/28/2014

Answering Justice Alito’s question: What makes an expectation of privacy ‘reasonable’?

During the recent oral argument in United States v. Wurie, the pending cell phone search case, Justice Alito asked an important question about the nature of the “reasonable expectation of privacy” test. Here is an answer.

By Orin Kerr  |  08:51 AM ET, 05/28/2014 |  Permalink  |  Comments ( 0)

Posted at 08:49 AM ET, 05/28/2014

Remembering Judge Cornelia G. Kennedy

Remembrances of a pioneering judge who was almost nominated to the Supreme Court.

By Jonathan H. Adler  |  08:49 AM ET, 05/28/2014 |  Permalink  |  Comments ( 0)

Posted at 08:05 AM ET, 05/28/2014

Tuaua v. United States: Does the Citizenship Clause mean what it says?

By Will Baude  |  08:05 AM ET, 05/28/2014 |  Permalink  |  Comments ( 0)

Posted at 08:55 PM ET, 05/27/2014

Why the New York Times was right to publish Michael Kinsley’s views about the freedom of the press.

By Will Baude  |  08:55 PM ET, 05/27/2014 |  Permalink  |  Comments ( 0)

Posted at 05:17 PM ET, 05/27/2014

INF1DL and WAR SUX: the latest license plate case

“The ‘offensive to good taste and decency’ language impermissibly permits the Department of State to deny a license plate application based on viewpoint because the statute lacks objective criteria ....“

By Eugene Volokh  |  05:17 PM ET, 05/27/2014 |  Permalink  |  Comments ( 0)

Posted at 03:33 PM ET, 05/27/2014

“Prenda Law … was a ‘porno-trolling collective’”

An excellent coinage, credited to Judge Otis Wright II.

By Eugene Volokh  |  03:33 PM ET, 05/27/2014 |  Permalink  |  Comments ( 0)

Posted at 02:18 PM ET, 05/27/2014

The “momentum effect” in same-sex marriage litigation

Why so many similar decisions so quickly?

By Will Baude  |  02:18 PM ET, 05/27/2014 |  Permalink  |  Comments ( 0)

Posted at 12:38 PM ET, 05/27/2014

“He grinned”

Do you dislike this locution, too?

By Eugene Volokh  |  12:38 PM ET, 05/27/2014 |  Permalink  |  Comments ( 0)

Posted at 10:50 AM ET, 05/27/2014

Secret service didn’t violate anti-Bush protesters’ First Amendment rights when it moved them away from Bush’s dinner

The Court took the view that the Secret Service was treating the anti-Bush demonstrators differently based on their physical position, and the potential “unobstructed view” and therefore unobstructed line of attack that it offered against the President, rather than treating them differently based on their viewpoints

By Eugene Volokh  |  10:50 AM ET, 05/27/2014 |  Permalink  |  Comments ( 0)

Posted at 10:47 AM ET, 05/27/2014

An interesting split and another loss for Sixth Circuit among today’s SCOTUS decisions

A quick overview of the Supreme Court decisions released this morning.

By Jonathan H. Adler  |  10:47 AM ET, 05/27/2014 |  Permalink  |  Comments ( 0)

Posted at 10:24 AM ET, 05/27/2014

“You don’t start a dialogue with FOIA requests”

LGBT activists’ misguided effort to use FOIA to intimidate a prominent legal academic will likely fail -- and it’s a good thing too.

By Jonathan H. Adler  |  10:24 AM ET, 05/27/2014 |  Permalink  |  Comments ( 0)

Posted at 11:18 AM ET, 05/25/2014

Federal appeals court reaffirms right to videorecord, including at traffic stops

Some restrictions on public behavior near traffic stops -- for instance, speech-neutral orders to move some distance away from the scene -- may be permissible, but “a police order that is specifically directed at the First Amendment right to film police performing their duties in public” is generally unconstitutional.

By Eugene Volokh  |  11:18 AM ET, 05/25/2014 |  Permalink  |  Comments ( 0)

Posted at 10:28 AM ET, 05/25/2014

Post-decision revisions of Supreme Court opinions

The Supreme Court revises its own opinions more often -- and more significantly -- than many realize.

By Jonathan H. Adler  |  10:28 AM ET, 05/25/2014 |  Permalink  |  Comments ( 0)

Posted at 02:18 PM ET, 05/24/2014

“Operation Choke Point”

By Todd Zywicki  |  02:18 PM ET, 05/24/2014 |  Permalink  |  Comments ( 0)

Posted at 05:02 PM ET, 05/23/2014

“In my view, the parties do not need a judge; what they need is a rather stern kindergarten teacher”

“Despite their many advantages in life, [the parties] are acting like children. And now that the matter has taken up an entire day in what is already a crowded motions court, they are doing so at the taxpayer’s expense.“

By Eugene Volokh  |  05:02 PM ET, 05/23/2014 |  Permalink  |  Comments ( 0)

Posted at 04:42 PM ET, 05/23/2014

A dubious effort to use Brown v. Board of Education to attack the current Supreme Court

My thoughts on AEI scholar Norm Ornstein’s dubious attempt to use Brown v. Board of Education to attack the current Supreme Court. Ornstein is wrong to claim that the current court would decide the case 5-4 “the other way” and that today’s court is divided because the justices don’t care about unanimity and are less willing to compromise than those of the 1950s.

By Ilya Somin  |  04:42 PM ET, 05/23/2014 |  Permalink  |  Comments ( 0)

Posted at 01:28 PM ET, 05/23/2014

Smart guns, electromagnetic pulse, and planning for unknown-probability dangers

The government is worried about electromagnetic pulse attacks. Should citizens -- and police departments -- be worried about them, in deciding whether to get “smart guns” or stick with mechanical guns?

By Eugene Volokh  |  01:28 PM ET, 05/23/2014 |  Permalink  |  Comments ( 0)

Posted at 12:23 PM ET, 05/23/2014

Police captain who refused order to go to “Law Enforcement Appreciation Day” at mosque — or send his subordinates there — loses his lawsuit

The Tenth Circuit holds that the Tulsa Police Department’s actions didn’t violate Captain Paul Fields’ First Amendment rights.

By Eugene Volokh  |  12:23 PM ET, 05/23/2014 |  Permalink  |  Comments ( 0)

Posted at 09:31 AM ET, 05/23/2014

Williams v. Johnson: What happens next?

The Supreme Court called for a response, and the state of California has since filed one.

By Will Baude  |  09:31 AM ET, 05/23/2014 |  Permalink  |  Comments ( 0)

Posted at 09:36 PM ET, 05/22/2014

Does the American Bar Association care when China hacks American lawyers?

By Stewart Baker  |  09:36 PM ET, 05/22/2014 |  Permalink  |  Comments ( 0)

Posted at 06:27 PM ET, 05/22/2014

“Smart guns”

There’s a potentially huge market for them — if they work, and if they aren’t prohibitively expensive.

By Eugene Volokh  |  06:27 PM ET, 05/22/2014 |  Permalink  |  Comments ( 0)

Posted at 05:37 PM ET, 05/22/2014

Brady Center lawsuit to use “smart” gun mandate to trigger handgun ban in New Jersey

N.J. lawsuit on “smart” guns report would ban handgun sales.

By David Kopel  |  05:37 PM ET, 05/22/2014 |  Permalink  |  Comments ( 0)

Posted at 05:13 PM ET, 05/22/2014

Your opinion on cover art for forthcoming book

Any opinions?

By Todd Zywicki  |  05:13 PM ET, 05/22/2014 |  Permalink  |  Comments ( 0)

Posted at 04:50 PM ET, 05/22/2014

Updates on Magistrate Judge Facciola’s cases

Magistrate Judge Facciola recently denied a series of DOJ court order applications in digital search cases. DOJ has taken the applications to the District Court and elsewhere. Here are three updates on the latest happenings.

By Orin Kerr  |  04:50 PM ET, 05/22/2014 |  Permalink  |  Comments ( 0)

Posted at 02:55 PM ET, 05/22/2014

Public university forbids criticizing religious group as a cult

This happened at Cameron University in Oklahoma; the student is suing, and I expect he will win.

By Eugene Volokh  |  02:55 PM ET, 05/22/2014 |  Permalink  |  Comments ( 0)

Posted at 12:53 PM ET, 05/22/2014

Critical sculpture of Canadian university president is removed: Because it’s ‘harassment and bullying’

An example of why I think laws banning “harassment and bullying” (or authorizing lawsuits based on “harassment and bullying“) pose serious constitutional problems.

By Eugene Volokh  |  12:53 PM ET, 05/22/2014 |  Permalink  |  Comments ( 0)

Posted at 12:06 PM ET, 05/22/2014

Trevor Burrus: The Origination Clause is no mere technicality

And on even days, the Senate is reprehensibly “undemocratic“

By Randy Barnett  |  12:06 PM ET, 05/22/2014 |  Permalink  |  Comments ( 0)

Posted at 11:49 AM ET, 05/22/2014

If a dead person’s heirs disagree about where to bury his ashes, should the ashes be split among them?

The Florida Court of Appeal weighs in.

By Eugene Volokh  |  11:49 AM ET, 05/22/2014 |  Permalink  |  Comments ( 0)

Posted at 11:07 AM ET, 05/22/2014

New Jersey Casino Reinvestment Development Authority seeks to condemn Atlantic City homes to promote “development” around a casino [Updated with a correction]

NJ’s Casino Reinvestment Development Authority is trying to use eminent domain to condemn homes in order to benefit a casino.

By Ilya Somin  |  11:07 AM ET, 05/22/2014 |  Permalink  |  Comments ( 0)

Posted at 09:14 AM ET, 05/22/2014

Cert petition on the use of judge-found facts to increase a sentence

A judge sentenced Antwuan Ball on the basis of a wider drug conspiracy, even though a ury only convicted on one charge.

By Will Baude  |  09:14 AM ET, 05/22/2014 |  Permalink  |  Comments ( 0)

Posted at 04:01 PM ET, 05/21/2014

Legal Academia 2.0

A short essay on new and old models of academic engagement and influence.

By Randy Barnett  |  04:01 PM ET, 05/21/2014 |  Permalink  |  Comments ( 0)

Posted at 03:46 PM ET, 05/21/2014

Gay marriage in Pennsylvania (no appeal)

The governor has decided not to appeal yesterday’s ruling after all, so there are now nineteen states with same-sex marriage.

By Dale Carpenter  |  03:46 PM ET, 05/21/2014 |  Permalink  |  Comments ( 0)

Posted at 02:16 PM ET, 05/21/2014

Georgia AG withdraws motion to order blogger to take down erroneously released government documents

This is the case I blogged about Monday.

By Eugene Volokh  |  02:16 PM ET, 05/21/2014 |  Permalink  |  Comments ( 0)

Posted at 01:16 PM ET, 05/21/2014

Arrestee alleges government misconduct; federal magistrate orders arrestee to apologize and recant, as a condition of bail

Can that be constitutional?

By Eugene Volokh  |  01:16 PM ET, 05/21/2014 |  Permalink  |  Comments ( 0)

Posted at 07:44 PM ET, 05/20/2014

Vagueness challenge in Manhattan DA’s use of gravity knives

New York District Attorney asserts that common folding knives are illegal “gravity knives.”

By David Kopel  |  07:44 PM ET, 05/20/2014 |  Permalink  |  Comments ( 0)

Posted at 06:01 PM ET, 05/20/2014

The Ancient Laws of Cambria: book review

“The Ancient Laws of Cambria” provides an engaging view of historical Welsh law and culture.

By David Kopel  |  06:01 PM ET, 05/20/2014 |  Permalink  |  Comments ( 0)

Posted at 03:06 PM ET, 05/20/2014

Federal judge strikes down Pennsylvania ban on same-sex marriage

Judicial victories for gay marriage are arriving almost daily.

By Dale Carpenter  |  03:06 PM ET, 05/20/2014 |  Permalink  |  Comments ( 0)

Posted at 12:20 PM ET, 05/20/2014

Deep brain stimulation leads patient to become huge Johnny Cash fan

No, really, according to an article in a neuroscience journal. “Folsom prison blues,” “Ring of fire,” and “Sunday morning coming down” are mentioned.

By Eugene Volokh  |  12:20 PM ET, 05/20/2014 |  Permalink  |  Comments ( 0)

Posted at 12:17 PM ET, 05/20/2014

Originalism, judicial opinions and exclamation marks

“...to support (hurrah!) legal services“

By Will Baude  |  12:17 PM ET, 05/20/2014 |  Permalink  |  Comments ( 0)

Posted at 09:44 PM ET, 05/19/2014

Was ‘Stairway to Heaven’ plagiarized?

By Jonathan H. Adler  |  09:44 PM ET, 05/19/2014 |  Permalink  |  Comments ( 0)

Posted at 06:19 PM ET, 05/19/2014

‘Federal judge strikes down D.C. budget autonomy law, says only Congress can act’

This is the D.C. council vs. D.C. mayor case that I blogged about last month.

By Eugene Volokh  |  06:19 PM ET, 05/19/2014 |  Permalink  |  Comments ( 0)

Posted at 05:53 PM ET, 05/19/2014

Threatening a police officer’s family is a crime — but is it terrorism?

No, said West Virginia’s highest court.

By Eugene Volokh  |  05:53 PM ET, 05/19/2014 |  Permalink  |  Comments ( 0)

Posted at 05:30 PM ET, 05/19/2014

Federal judge strikes down Oregon law banning same-sex marriage

A federal district court court struck down Oregon’s law banning gay marriage today. The decision is part of a growing trend of similar rulings. Although I am skeptical about the rationale relied on by the court, I think it reached the correct result.

By Ilya Somin  |  05:30 PM ET, 05/19/2014 |  Permalink  |  Comments ( 0)

Posted at 04:52 PM ET, 05/19/2014

Gay marriage in Oregon (no appeal)

Same-sex marriage is 17-0 since the Supreme Court struck down DOMA last summer.

By Dale Carpenter  |  04:52 PM ET, 05/19/2014 |  Permalink  |  Comments ( 0)

Posted at 03:11 PM ET, 05/19/2014

Criminal charges for desecrating and “insult[ing]” American flag?

But the Supreme Court held in 1989 that such flag desecration prosecutions violate the First Amendment.

By Eugene Volokh  |  03:11 PM ET, 05/19/2014 |  Permalink  |  Comments ( 0)

Posted at 03:06 PM ET, 05/19/2014

Another “specious” defense of Obamacare

The Origination Clause challenges to the Affordable Care Act are serious legal arguments.

By Randy Barnett  |  03:06 PM ET, 05/19/2014 |  Permalink  |  Comments ( 0)

Posted at 02:34 PM ET, 05/19/2014

Government erroneously releases information; someone publishes it. Can government order the publisher to take it down?

The answer is “no” for the names of rape victims. Despite the Georgia Attorney General’s arguments, it should be the same for the names of unsuccessful applicants for college president jobs.

By Eugene Volokh  |  02:34 PM ET, 05/19/2014 |  Permalink  |  Comments ( 0)

Posted at 01:53 PM ET, 05/19/2014

Is it copyright infringement to post a lawyer’s cease-and-desist letter?

“The University of Queensland owns the copyright in this letter and you are advised that any publication by you of this letter, or persons acting in concert with you, will constitute an infringement of The University’s copyright. The University of Queensland reserves its right to take any and all legal action against any person, including you, who publishes this letter.“

By Eugene Volokh  |  01:53 PM ET, 05/19/2014 |  Permalink  |  Comments ( 0)

Posted at 01:40 PM ET, 05/19/2014

Conservative professor-blogger wins political retaliation case at trial

The outcome at trial of Mike Adams’s lawsuit against the University of North Carolina-Wilmington.

By Eugene Volokh  |  01:40 PM ET, 05/19/2014 |  Permalink  |  Comments ( 0)

Posted at 12:04 PM ET, 05/19/2014

How a Texas district attorney’s DWI arrest led to a criminal probe of Gov. Rick Perry

A grand jury is investigating the Texas governor’s veto of funding after a local district attorney was arrested for drunk driving and refused to resign.

By Jonathan H. Adler  |  12:04 PM ET, 05/19/2014 |  Permalink  |  Comments ( 0)

Posted at 10:37 AM ET, 05/19/2014

Today’s interesting Supreme Court lineup

A suit over the rights to “Raging Bull” divides the Supreme Court along formalist-pragmatist lines.

By Jonathan H. Adler  |  10:37 AM ET, 05/19/2014 |  Permalink  |  Comments ( 0)

Posted at 08:29 AM ET, 05/19/2014

Constitutional right to self-defense limits government employer’s right to fire employee for defending himself

So holds a Pennsylvania court, applying the Pennsylvania Constitution’s right to defend life provision. Twenty other states have similar provisions.

By Eugene Volokh  |  08:29 AM ET, 05/19/2014 |  Permalink  |  Comments ( 0)

Posted at 09:28 PM ET, 05/18/2014

William Bowen’s welcome response to university commencement “disinvitation season”

After several university commencement speakers withdraw in the face of protests, Princeton’s former President laments the tactics of today’s student protestors.

By Jonathan H. Adler  |  09:28 PM ET, 05/18/2014 |  Permalink  |  Comments ( 0)

Posted at 09:57 AM ET, 05/18/2014

Regulatory and academic capture

By Will Baude  |  09:57 AM ET, 05/18/2014 |  Permalink  |  Comments ( 0)

Posted at 07:38 PM ET, 05/17/2014

A resurgence of eminent domain abuse

The hostile public reaction to Kelo v. City of New London helped curb eminent domain abuse in many states. But harmful takings that benefit private interests at the expense of of the poor and politically weak are now making a comeback.

By Ilya Somin  |  07:38 PM ET, 05/17/2014 |  Permalink  |  Comments ( 0)

Posted at 08:10 AM ET, 05/17/2014

George Mason Law School’s position on academic freedom

By Todd Zywicki  |  08:10 AM ET, 05/17/2014 |  Permalink  |  Comments ( 0)

Posted at 09:39 PM ET, 05/16/2014

Libel law and inferences from disclosed facts

How courts in libel cases tend to sort factual claims from expressions of opinion.

By Eugene Volokh  |  09:39 PM ET, 05/16/2014 |  Permalink  |  Comments ( 0)

Posted at 08:43 PM ET, 05/16/2014

What does one do with a court ruling like this?

An interesting Iowa Supreme Court libel opinion -- but different parts seem inconsistent with each other.

By Eugene Volokh  |  08:43 PM ET, 05/16/2014 |  Permalink  |  Comments ( 0)

Posted at 05:38 PM ET, 05/16/2014

Another service provider loses a libel lawsuit against a client

This time a doctor sued a patient for posts about the doctor’s alleged malpractice; the court said that the patient’s statements were expressions of opinion.

By Eugene Volokh  |  05:38 PM ET, 05/16/2014 |  Permalink  |  Comments ( 0)

Posted at 02:37 PM ET, 05/16/2014

Default judgment against KlearGear, the company that billed customers for $3,500, because they posted a negative review

KlearGear didn’t defend the lawsuit; the judge concluded the customers didn’t owe the company anything -- and that the company is liable to the customers, for Fair Credit Reporting Act violations and for defamation, among other things.

By Eugene Volokh  |  02:37 PM ET, 05/16/2014 |  Permalink  |  Comments ( 0)

Posted at 12:49 PM ET, 05/16/2014

Commencement speaker cancellations and academic freedom (and the University of Chicago solution)

Maybe academic freedom should cause universities to rethink the way they handle commencement speeches.

By Will Baude  |  12:49 PM ET, 05/16/2014 |  Permalink  |  Comments ( 0)

Posted at 10:25 AM ET, 05/16/2014

A new take on Kiobel: putting ATS in line with international practice and other statutes

The Supreme Court’s decision in Kiobel last term, putting an end to civil universal jurisdiction suits in U.S. courts, came as a surprise. It was unheralded by lower court divisions, the parties’ pleadings, or the academy. It is however not surprising on the background of international developments in universal jurisdiction, where some of the most aggressive nations have significantly pared back the practice in recent years. Kiobel is part of that trend, as I explain in a new article in the Notre Dame Law Review.

By Eugene Kontorovich  |  10:25 AM ET, 05/16/2014 |  Permalink  |  Comments ( 0)

Posted at 09:23 AM ET, 05/16/2014

Justice Scalia’s commencement speech at William & Mary Law School

At William & Mary, he explains his theory of commencement speeches, argues for three years of law school and says everybody ought to study the First Amendment.

By Will Baude  |  09:23 AM ET, 05/16/2014 |  Permalink  |  Comments ( 0)

Posted at 05:44 PM ET, 05/15/2014

New draft article, “A Rule of Lenity for National Security Surveillance Law”

Here’s my idea for how to make surveillance law more transparent and democratically accountable. You have to start with how judges interpret the law.

By Orin Kerr  |  05:44 PM ET, 05/15/2014 |  Permalink  |  Comments ( 0)

Posted at 05:29 PM ET, 05/15/2014

The literary allusion was too obscure (and too vague) to be defamatory

The “Man in Black” was not Johnny Cash.

By Eugene Volokh  |  05:29 PM ET, 05/15/2014 |  Permalink  |  Comments ( 0)

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

Man commits suicide, blames ex-wife in suicide note; ex-wife takes control of copyright, tries to get note (and man’s other writings) removed from Internet

Does she have a good case?

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

Posted at 03:43 PM ET, 05/15/2014

The Pentagon’s plan to stave off the zombie apocalypse

It may sound like a joke, but it isn’t. The Pentagon really has developed a plan to wage war against zombies, albeit it is primarily a planning exercise rather than a real war plan.

By Ilya Somin  |  03:43 PM ET, 05/15/2014 |  Permalink  |  Comments ( 0)

Posted at 02:35 PM ET, 05/15/2014

Sheriffs and the posse comitatus

Sheriffs today continue to use their common law posse comitatus power to summon armed citizens to the aid of law enforcement.

By David Kopel  |  02:35 PM ET, 05/15/2014 |  Permalink  |  Comments ( 0)

Posted at 02:15 PM ET, 05/15/2014

Federal trial court rejects group libel lawsuit against makers of the movie ‘Out of the Furnace’

The core issue is thus whether a statement about a group is seen as a statement “of and concerning” the particular plaintiff.

By Eugene Volokh  |  02:15 PM ET, 05/15/2014 |  Permalink  |  Comments ( 0)

Posted at 05:59 PM ET, 05/14/2014

California right of privacy provides extra protection to anonymous commenters

Most such cases just involve First Amendment claims, but here the court provided additional protection under the California Constitution’s express right to privacy.

By Eugene Volokh  |  05:59 PM ET, 05/14/2014 |  Permalink  |  Comments ( 0)

Posted at 05:43 PM ET, 05/14/2014

More thoughts on the rules of Quidditch

You can win Quidditch by amassing such a large margin of victory that it doesn’t matter who eventually catches the snitch.

By Will Baude  |  05:43 PM ET, 05/14/2014 |  Permalink  |  Comments ( 0)

Posted at 04:57 PM ET, 05/14/2014

Are affirmative action preferences “worse” than other sorts of admissions preferences?

Alumni preferences and the like may be unfair, and they may be foolish policy, but they don’t present the same dangers as having the government divide people up, and encourage people to organize, based on their race and ethnicity.

By David Bernstein  |  04:57 PM ET, 05/14/2014 |  Permalink  |  Comments ( 0)

Posted at 04:50 PM ET, 05/14/2014

She can’t be a mother — it’s obvious to the child she’s not his real parent

After all, before same-sex marriage, our law never allowed people to claim legal parenthood in such situations, right?

By Eugene Volokh  |  04:50 PM ET, 05/14/2014 |  Permalink  |  Comments ( 0)

Posted at 04:20 PM ET, 05/14/2014

Court rejects Islam-influenced post-marital agreement

But, unsurprisingly (and correctly), it applies standard American family law -- not any special rules related to Muslims.

By Eugene Volokh  |  04:20 PM ET, 05/14/2014 |  Permalink  |  Comments ( 0)

Posted at 12:27 PM ET, 05/14/2014

A new law blog you should be reading (with a post on Quidditch)

Richard Re blogs about Quidditch and the affirmative action case

By Will Baude  |  12:27 PM ET, 05/14/2014 |  Permalink  |  Comments ( 0)

Posted at 12:04 PM ET, 05/14/2014

Child of lesbian married couple presumed to be child of (now ex-)spouse as well as of birth mother

So holds a New York trial court, in Wendy G-M. v. Erin G-M.

By Eugene Volokh  |  12:04 PM ET, 05/14/2014 |  Permalink  |  Comments ( 0)

Posted at 12:11 AM ET, 05/14/2014

Federal judge strikes down Idaho law banning same-sex marriage

A federal court strikes down Idaho’s ban on same-sex marriage. This decision is part of a rapidly growing trend of federal and state court rulings striking down such laws since the Supreme Court decided United States v. Windsor last year.

By Ilya Somin  |  12:11 AM ET, 05/14/2014 |  Permalink  |  Comments ( 0)

Posted at 05:52 PM ET, 05/13/2014

Ayn Rand was not a defender of the rich

Ayn Rand is often caricatured as a defender of the wealthy. But in reality, there are more rich villains in her books than heroes. As Steve Horwitz demonstrates, she exalted producers, not wealthy people or business leaders as such. But her work does often draw an overly simplisitic distinction between businessmen who are virtuous “producers” and those who are nothing but worthless “moochers.“

By Ilya Somin  |  05:52 PM ET, 05/13/2014 |  Permalink  |  Comments ( 0)

Posted at 05:12 PM ET, 05/13/2014

Federal appellate court rejects ‘Stop the Islamization of America’ trademark

People remain free to use the slogan, but it won’t get the special trademark protection offered to registered marks.

By Eugene Volokh  |  05:12 PM ET, 05/13/2014 |  Permalink  |  Comments ( 0)

Posted at 04:09 PM ET, 05/13/2014

New York’s ‘aggravated harassment’ statute is unconstitutionally overbroad and vague

So holds New York’s highest court in today’s Raphael Golb / Dead Sea Scrolls case.

By Eugene Volokh  |  04:09 PM ET, 05/13/2014 |  Permalink  |  Comments ( 0)

Posted at 03:59 PM ET, 05/13/2014

Impersonating someone online with intent to injure his reputation is a crime in New York

So holds New York’s highest court in upholding most of the impersonation and forgery convictions in the Raphael Golb/Dead Sea Scrolls case.

By Eugene Volokh  |  03:59 PM ET, 05/13/2014 |  Permalink  |  Comments ( 0)

Posted at 02:35 PM ET, 05/13/2014

Life under Cuban communism

Michael Totten describes the grim realities of life under Cuban communism. [This post went up before I noticed Eugene Volokh’s post on Totten’s article, but I am leaving it up because it addresses several issues Eugene did not].

By Ilya Somin  |  02:35 PM ET, 05/13/2014 |  Permalink  |  Comments ( 0)

Posted at 08:40 AM ET, 05/13/2014

Pot and guns

Arkansas officials concede that Arkansas’ limitation of concealed carry permits to U.S. citizens violated the Equal Protection Clause.

By Eugene Volokh  |  08:40 AM ET, 05/13/2014 |  Permalink  |  Comments ( 0)

Posted at 06:14 PM ET, 05/12/2014

The supposed sins of the passive voice (part 2 — when the passive voice is better than the active, or at least as good)

“I was introduced to her while she was visiting California.”

By Eugene Volokh  |  06:14 PM ET, 05/12/2014 |  Permalink  |  Comments ( 0)

Posted at 05:12 PM ET, 05/12/2014

No liability for linking to — and praising — allegedly defamatory article

So holds the Connecticut Appellate Court, applying 47 U.S.C. § 230.

By Eugene Volokh  |  05:12 PM ET, 05/12/2014 |  Permalink  |  Comments ( 0)

Posted at 05:09 PM ET, 05/12/2014

The supposed sins of the passive voice (part 1 — misidentification)

Sometimes people just call usage they dislike “passive voice” -- even when it’s actually in the active voice.

By Eugene Volokh  |  05:09 PM ET, 05/12/2014 |  Permalink  |  Comments ( 0)

Posted at 02:42 PM ET, 05/12/2014

Battery battery

Shocking witness with trick electric pen -- “lacking in candor” or legitimate “aggressive cross-examination“?

By Eugene Volokh  |  02:42 PM ET, 05/12/2014 |  Permalink  |  Comments ( 0)

Posted at 02:25 PM ET, 05/12/2014

“Ahi tuna crudo with sweet soy, wasabi and cucumber”

Yum.

By Eugene Volokh  |  02:25 PM ET, 05/12/2014 |  Permalink  |  Comments ( 0)

Posted at 01:05 PM ET, 05/12/2014

More on libel by implication

“Mrs. Ruth A. Nichols ... was treated ... for a bullet wound in her arm after a shooting at her home .... Officers said the incident took place Thursday night after the [female] suspect arrived at the Nichols home and found her husband there with Mrs. Nichols.“

By Eugene Volokh  |  01:05 PM ET, 05/12/2014 |  Permalink  |  Comments ( 0)

Posted at 11:11 AM ET, 05/12/2014

My History News Network op ed on the dangers of political ignorance

My new History News Network on the dangers of political ignorance.

By Ilya Somin  |  11:11 AM ET, 05/12/2014 |  Permalink  |  Comments ( 0)

Posted at 10:36 AM ET, 05/12/2014

Wal-Mart banks, overdraft protection, and consumer rationality

The rational side of banking at Wal-Mart

By Todd Zywicki  |  10:36 AM ET, 05/12/2014 |  Permalink  |  Comments ( 0)

Posted at 08:06 AM ET, 05/12/2014

“A Port Arthur pediatrician has been punished by the Texas Medical Board after the Board found she engaged in sexual contact with a patient”

An interesting libel case about what counts as “truth.“

By Eugene Volokh  |  08:06 AM ET, 05/12/2014 |  Permalink  |  Comments ( 0)

Posted at 11:14 AM ET, 05/11/2014

Is Snowden a spy?

By Stewart Baker  |  11:14 AM ET, 05/11/2014 |  Permalink  |  Comments ( 0)

Posted at 06:50 PM ET, 05/10/2014

Minnesota adopts law curbing asset forfeiture abuse

Minnesota curbs asset forfeiture abuse by preventing law enforcement agencies from using forfeiture to confiscate property unless the owner has actually been convicted of a crime, or a close equivalent.

By Ilya Somin  |  06:50 PM ET, 05/10/2014 |  Permalink  |  Comments ( 0)

Posted at 11:35 AM ET, 05/10/2014

Join me for the Cato Summer University at Rancho Bernardo

A Scintillating Summer Seminar on Political Economy

By Randy Barnett  |  11:35 AM ET, 05/10/2014 |  Permalink  |  Comments ( 0)

Posted at 08:32 PM ET, 05/09/2014

Phoenix unconstitutionally rejected gun training ad for bus shelters

The city only allowed advertisements that “adequately display[]” a proposal for a commercial transaction. The court held that the gun training ad -- which had both political and commercial elements -- was wrongly rejected under this policy.

By Eugene Volokh  |  08:32 PM ET, 05/09/2014 |  Permalink  |  Comments ( 0)

Posted at 08:12 PM ET, 05/09/2014

[Kurt Lash, guest-blogging] Why Slaughterhouse was right: The textual limits of the Privileges or Immunities Clause

By Kurt Lash and guest-blogging  |  08:12 PM ET, 05/09/2014 |  Permalink  |  Comments ( 0)

Posted at 07:01 PM ET, 05/09/2014

Arkansas state court strikes down ban on same-sex marriages

“It is time to let that beacon of freedom shine brighter on all our brothers and sisters.“

By Dale Carpenter  |  07:01 PM ET, 05/09/2014 |  Permalink  |  Comments ( 0)

Posted at 04:07 PM ET, 05/09/2014

Video of the Cato Institute panel on the Origination Clause challenge to the Obamacare individual mandate

By Ilya Somin  |  04:07 PM ET, 05/09/2014 |  Permalink  |  Comments ( 0)

Posted at 12:50 PM ET, 05/09/2014

‘Under God’ in Pledge of Allegiance is constitutional, says Massachusetts’s highest court

The court says the inclusion of “under God” in the (voluntary) school pledge doesn’t violate the Massachusetts Constitution’s equal protection provision. Other courts had said the same about the federal Establishment and Equal Protection Clauses.

By Eugene Volokh  |  12:50 PM ET, 05/09/2014 |  Permalink  |  Comments ( 0)

Posted at 06:31 PM ET, 05/08/2014

Even in Louisiana, it’s constitutional to increase sentences for drug possession when the defendant also possesses a gun

Louisiana has an unusually strongly worded right to bear arms provision in its Constitution, which expressly mandates “strict scrutiny” of “[a]ny restriction of this right.“

By Eugene Volokh  |  06:31 PM ET, 05/08/2014 |  Permalink  |  Comments ( 0)

Posted at 03:57 PM ET, 05/08/2014

Happy 115th birthday, F.A. Hayek!

Today is F.A. Hayek’s 115th birthday. Hayek was a Nobel Prize-winning economist and highly influential libertarian political theorist. Many of his ideas remain relevant to modern policy debates.

By Ilya Somin  |  03:57 PM ET, 05/08/2014 |  Permalink  |  Comments ( 0)

Posted at 01:47 PM ET, 05/08/2014

‘Lawyer of Pakistani accused of blasphemy killed’

“[F]or a year no lawyer was prepared to take up the case because of fear of reprisals from extremist religious groups.... Mr Rehman [the murdered lawyer] ... [had] decided to defend Mr Hafeez despite reportedly receiving death threats.“

By Eugene Volokh  |  01:47 PM ET, 05/08/2014 |  Permalink  |  Comments ( 0)

Posted at 12:38 PM ET, 05/08/2014

‘Improper photography’ in Texas — oral argument in Ex parte Thompson, before the Texas Court of Criminal Appeals

May a state ban photo- or videorecording “a visual image of another” “without the other person’s consent” and “with [the] intent to arouse or gratify the sexual desire” of the photographer or some other person?

By Eugene Volokh  |  12:38 PM ET, 05/08/2014 |  Permalink  |  Comments ( 0)

Posted at 12:26 PM ET, 05/08/2014

[Kurt Lash, guest-blogging] Does the Fourteenth Amendment protect unenumerated rights?

“[The] evidence viewed in its historical context points away from the Fundamental Rights reading.“

By Eugene Volokh  |  12:26 PM ET, 05/08/2014 |  Permalink  |  Comments ( 0)

Posted at 04:28 PM ET, 05/07/2014

Congratulations to Randy!

Co-blogger Randy Barnett is one of the winners of this year’s Bradley Prize.

By Eugene Volokh  |  04:28 PM ET, 05/07/2014 |  Permalink  |  Comments ( 0)

Posted at 04:23 PM ET, 05/07/2014

COPSLIE license plate case decided: prohibition on ‘offensive to good taste’ plates is unconstitutionally vague

New Hampshire refused to allow a license plate that said “COPSLIE,” because it was supposedly “offensive to good taste“; the New Hampshire Supreme Court just held that the regulation authorizing such rejections violates the First Amendment.

By Eugene Volokh  |  04:23 PM ET, 05/07/2014 |  Permalink  |  Comments ( 0)

Posted at 02:17 PM ET, 05/07/2014

Law professors rebel against new Aspen casebook policy

Earlier this week, the legal publisher AspenLaw, now part of WoltersKluwer, sent out a notice to law professors who use a popular property casebook that the casebook would now be sold in an unusual way. But at least so far, the law professors aren’t going along.

By Orin Kerr  |  02:17 PM ET, 05/07/2014 |  Permalink  |  Comments ( 0)

Posted at 12:17 PM ET, 05/07/2014

[Kurt Lash, guest-blogging] The New Orleans Riot of 1866 and the public understanding of the Fourteenth Amendment

“Both Democrats and Republicans made the Fourteenth Amendment the central focus of their campaigns [in 1866]... In the middle of this grand debate, an event occurred in the city of New Orleans which ... decisively turned the country in favor of adopting the Fourteenth Amendment ....“

By Kurt Lash and guest-blogging  |  12:17 PM ET, 05/07/2014 |  Permalink  |  Comments ( 0)

Posted at 10:17 AM ET, 05/07/2014

Forcing the conclusion: review of a new book about the Prop 8 case

A fascinating book that falls short of its promise.

By Dale Carpenter  |  10:17 AM ET, 05/07/2014 |  Permalink  |  Comments ( 0)

Posted at 09:43 AM ET, 05/07/2014

Tolan v. Cotton — when should the Supreme Court interfere in ‘factbound’ cases?

I call the case noteworthy because by my count it’s the first time in 10 years that the court has ruled against a police officer in a qualified immunity case.

By Will Baude  |  09:43 AM ET, 05/07/2014 |  Permalink  |  Comments ( 0)

Posted at 08:34 AM ET, 05/07/2014

Live webcast of today’s Executive Branch Review conference, from the Federalist Society

Free, and no registration required; panels will cover the limits of executive authority to suspend the execution of laws, current controversies involving the IRS, disparate impact litigation, the contraceptive mandate, and more.

By Eugene Volokh  |  08:34 AM ET, 05/07/2014 |  Permalink  |  Comments ( 0)

Posted at 08:29 PM ET, 05/06/2014

Smart guns

“Smart guns” have almost no appeal to consumers, and New Jersey’s smart gun mandate makes the problem worse.

By David Kopel  |  08:29 PM ET, 05/06/2014 |  Permalink  |  Comments ( 0)

Posted at 05:39 PM ET, 05/06/2014

A law review title pun that has run its course

When Charles Katz used a public phone booth to place illegal bets in 1965, little did he know that his name would inspire so many law review title puns almost a half-century later.

By Orin Kerr  |  05:39 PM ET, 05/06/2014 |  Permalink  |  Comments ( 0)

Posted at 01:52 PM ET, 05/06/2014

Russian government agency reveals fraudulent nature of the Crimean referendum results

A report by the Russian government’s Presidential Council on Civil Society and Human Rights reveals that the officially announced Crimean referendum annexation results were likely fraudulent.

By Ilya Somin  |  01:52 PM ET, 05/06/2014 |  Permalink  |  Comments ( 0)

Posted at 01:13 PM ET, 05/06/2014

Symposium on Greece v. Galloway

Is it a shift in interpreting the establishment clause?

By Will Baude  |  01:13 PM ET, 05/06/2014 |  Permalink  |  Comments ( 0)

Posted at 11:24 AM ET, 05/06/2014

[Kurt Lash, guest-blogging] Distinguishing Article IV ‘privileges and immunities’ from Fourteenth Amendment ‘privileges or immunities’

“Antebellum treaties commonly referred to the rights of citizens of the United States.  The Louisiana Cession Act of 1803, for example, protected the ‘rights, advantages and immunities of citizens of the United States.’  The Alaska Cession Act, adopted by the same Congress that adopted the Fourteenth Amendment, used the same language.“

By Kurt Lash and guest-blogging  |  11:24 AM ET, 05/06/2014 |  Permalink  |  Comments ( 0)

Posted at 10:31 AM ET, 05/06/2014

Upcoming Cato Institute forum on the Origination Clause challenge to the Obamacare individual health insurance mandate

An upcoming Cato Institute forum on the Origination Clause challenge to the Obamacare individual mandate - with Timothy Sandefur, Simon Lazarus, and myself.

By Ilya Somin  |  10:31 AM ET, 05/06/2014 |  Permalink  |  Comments ( 0)

Posted at 08:24 AM ET, 05/06/2014

Crime to spread rumors about under-25-year-olds, to send ‘hurtful, rude and mean messages’ about them, or to make fun of them online?

That’s what a proposed bill in Carson (a city in the L.A. metropolitan area) would do.

By Eugene Volokh  |  08:24 AM ET, 05/06/2014 |  Permalink  |  Comments ( 0)

Posted at 09:57 PM ET, 05/05/2014

Walter Olson (Secular Right) on the city council prayer decision

“The American Humanist Association announced that it is launching a program training people in the giving of secular invocations. So did the Freedom from Religion Foundation, but with very different aims in mind ....“

By Eugene Volokh  |  09:57 PM ET, 05/05/2014 |  Permalink  |  Comments ( 0)

Posted at 08:47 PM ET, 05/05/2014

Finding a middle-ground rule in the cell phone search cases

In last week’s Supreme Court oral arguments, several Justices looked for middle-ground rules for when the police can search a cell phone incident to arrest without a warrant under the Fourth Amendment. Some rules are better than others.

By Orin Kerr  |  08:47 PM ET, 05/05/2014 |  Permalink  |  Comments ( 0)

Posted at 07:51 PM ET, 05/05/2014

Taking issue with Yochai Benkler on J Street, Israel, and American Jews

Is the organized Jewish community’s failure to embrace J Street dooming American Judaism, Israel, or both? Not unless American Judaism and Israel depend on the success of liberal Democratic politics.

By David Bernstein  |  07:51 PM ET, 05/05/2014 |  Permalink  |  Comments ( 0)

Posted at 05:55 PM ET, 05/05/2014

What does “retired” mean?

An interesting state constitutional case from New Jersey, dealing with the practice of recalling retired judges for temporary service.

By Eugene Volokh  |  05:55 PM ET, 05/05/2014 |  Permalink  |  Comments ( 0)

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

Does California law protect employee speech hostile to homosexuality, as well as employee speech that “defend[s] homosexuality”?

“Pasadena city officials placed Public Health Director Eric Walsh on temporary paid administrative leave Thursday after they learned of controversial statements he had made about homosexuality and evolution” in online sermons.

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

Posted at 05:00 PM ET, 05/05/2014

Tom Bell: “Intellectual Privilege: Copyright, Common Law, and the Common Good”

An important and thoughtful new book I am looking forward to reading.

By Randy Barnett  |  05:00 PM ET, 05/05/2014 |  Permalink  |  Comments ( 0)

Posted at 04:40 PM ET, 05/05/2014

Other justices make errors too

A small historical error in Justice Kagan’s Town of Greece v. Galloway dissent reminds us that errors in Supreme Court opinions are more common than you might think.

By Jonathan H. Adler  |  04:40 PM ET, 05/05/2014 |  Permalink  |  Comments ( 0)

Posted at 04:07 PM ET, 05/05/2014

My defense of the third-party doctrine, and a response to Randy and Stewart

My co-bloggers recently have debated the third-party doctrine of Fourth Amendment law, which is at issue in the NSA surveillance challenges. I join the fray with some links and responses to my co-bloggers.

By Orin Kerr  |  04:07 PM ET, 05/05/2014 |  Permalink  |  Comments ( 0)
Tags:  Supreme Court

Posted at 02:22 PM ET, 05/05/2014

Will new amendment to USA Freedom Act bar bulk data seizures?

National Journal reports “House to advance bill to end mass NSA surveillance.” We’ll see.

By Randy Barnett  |  02:22 PM ET, 05/05/2014 |  Permalink  |  Comments ( 0)

Posted at 12:41 PM ET, 05/05/2014

2048 game puzzle

Very simple for many, but might be fun for kids you know who play the game.

By Eugene Volokh  |  12:41 PM ET, 05/05/2014 |  Permalink  |  Comments ( 0)

Posted at 12:33 PM ET, 05/05/2014

Not your grandfather’s Establishment Clause

Today’s Supreme Court decision in Town of Greece breaks with a pair of Establishment Clause cases that said only long-standing public dispalys of religiosity will withstand constitutional scrutiny. Under today’s test, even religious displays or activities will be OK if they are of the general kind that has long been accepted. And that is the right decision.

By Eugene Kontorovich  |  12:33 PM ET, 05/05/2014 |  Permalink  |  Comments ( 0)

Posted at 11:56 AM ET, 05/05/2014

The Supreme Court’s city council prayer decision

Unanimous agreement on (1) the constitutionality of some legislative / city council prayer, (2) the propriety of sectarian prayer, under certain circumstances, and (3) the impropriety of certain kinds of sectarian prayer that “denigrate nonbelievers or religious minorities, threaten damnation, or preach conversion.” But sharp disagreement on just when sectarian prayer is permitted, and on how this principle applies to the facts of the case.

By Eugene Volokh  |  11:56 AM ET, 05/05/2014 |  Permalink  |  Comments ( 0)

Posted at 10:12 AM ET, 05/05/2014

Breaking — Supreme Court upholds legislative prayer in Town of Greece v. Galloway

A divided court upholds legislative prayer in Town of Greece v. Galloway case.

By Jonathan H. Adler  |  10:12 AM ET, 05/05/2014 |  Permalink  |  Comments ( 0)

Posted at 09:07 AM ET, 05/05/2014

Defining American privileges and immunities

“We stand on the constitutional rights of the citizen; those rights specified and enumerated in the great charter of American liberty.... [T]here is no power, legislative executive or judicial, State or national, that has authority to transgress or invade them; and the protection of these rights must be made co-extensive with American citizenship.“

By Kurt Lash and guest-blogging  |  09:07 AM ET, 05/05/2014 |  Permalink  |  Comments ( 0)

Posted at 08:26 AM ET, 05/05/2014

Fruit of the poisonous tongue examination

Yes, his tongue was green -- but you shouldn’t have asked to see it.

By Eugene Volokh  |  08:26 AM ET, 05/05/2014 |  Permalink  |  Comments ( 0)

Posted at 07:07 PM ET, 05/04/2014

Gary Becker, RIP

A few brief thoughts on the passing of one of the greatest economists of the last century.

By Ilya Somin  |  07:07 PM ET, 05/04/2014 |  Permalink  |  Comments ( 0)

Posted at 03:17 PM ET, 05/04/2014

Smith v. Maryland as a good first-order estimate of reasonable privacy expectations

By Stewart Baker  |  03:17 PM ET, 05/04/2014 |  Permalink  |  Comments ( 0)

Posted at 02:23 PM ET, 05/04/2014

Drawing a line on the third-party doctrine

By Stewart Baker  |  02:23 PM ET, 05/04/2014 |  Permalink  |  Comments ( 0)

Posted at 10:07 PM ET, 05/03/2014

Bruno Leoni Program at Cato Tuesday

By Todd Zywicki  |  10:07 PM ET, 05/03/2014 |  Permalink  |  Comments ( 0)

Posted at 05:16 PM ET, 05/02/2014

Holocaust remembrance week: How armed Jews saved lives

During the “Days of Remembrance” for the Holocaust, remember the heroic armed Jewish partisans who fought the Nazis and saved lives.

By David Kopel  |  05:16 PM ET, 05/02/2014 |  Permalink  |  Comments ( 0)

Posted at 04:27 PM ET, 05/02/2014

Prof. Kurt Lash (Illinois) guest-blogging next week about ‘The Fourteenth Amendment and the Privileges and Immunities of American Citizenship’

“[T]he history behind a revolution in American liberty: the 1868 addition of the Privileges or Immunities Clause of the Fourteenth Amendment.“

By Eugene Volokh  |  04:27 PM ET, 05/02/2014 |  Permalink  |  Comments ( 0)

Posted at 11:55 AM ET, 05/02/2014

Justice Stevens made the same mistake before Justice Scalia

A law student discovers Justice Scalia was not the first justice to misrepresent EPA’s position in American Trucking case.

By Jonathan H. Adler  |  11:55 AM ET, 05/02/2014 |  Permalink  |  Comments ( 0)

Posted at 11:30 AM ET, 05/02/2014

Errors in Supreme Court opinions

Justice Scalia’s recent error in his dissenting opinion reminds me of another interesting error in an opinion.

By Eugene Volokh  |  11:30 AM ET, 05/02/2014 |  Permalink  |  Comments ( 0)

Posted at 10:44 AM ET, 05/02/2014

Can HHS legally fund the ACA’s risk corridors?

Once again, the poor drafting of the PPACA creates a potential implementation problem.

By Jonathan H. Adler  |  10:44 AM ET, 05/02/2014 |  Permalink  |  Comments ( 0)

Posted at 09:26 AM ET, 05/02/2014

Further thoughts on the EME Homer City decision

The Supreme Court’s decision was a victory for the EPA, but will it stand as a victory for the environment?

By Jonathan H. Adler  |  09:26 AM ET, 05/02/2014 |  Permalink  |  Comments ( 0)

Posted at 08:27 PM ET, 05/01/2014

Justice Scalia is not the only one making errors

Some have been so quick to castigate Justice Scalia for making an embarrassing error in his EPA v. EME Homer City dissent that they have made errors of their own.

By Jonathan H. Adler  |  08:27 PM ET, 05/01/2014 |  Permalink  |  Comments ( 0)

Posted at 05:30 PM ET, 05/01/2014

Police can’t knock on your door and wait at front steps forever, court holds

The police are allowed to walk up to a house and knock on the door in an attempt to speak to residents inside. But if no one answers, how long can they stay on the porch? Not for as long as 45 minutes, holds the Court of Appeals of Indiana.

By Orin Kerr  |  05:30 PM ET, 05/01/2014 |  Permalink  |  Comments ( 0)

Posted at 04:03 PM ET, 05/01/2014

Woman jailed two weeks for recording Chicago P.D.’s internal affairs officers can sue for a Fourth Amendment violation

Why? Because “A reasonable jury could ... find that ... the officers took a substantial step toward thwarting a criminal investigation,” and thus themselves committed a crime.

By Eugene Volokh  |  04:03 PM ET, 05/01/2014 |  Permalink  |  Comments ( 0)

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

“Stay away from camel milk and Egyptian tomb bats”

News from Foreign Policy about a new “deadly SARS-like virus ... sweeping the Middle East.“

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

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

One word: dronevertising

It’s here.

By Eugene Volokh  |  01:56 PM ET, 05/01/2014 |  Permalink  |  Comments ( 0)

Posted at 12:41 PM ET, 05/01/2014

Roy Englert on the Oklahoma executions

We should learn from our mistakes, but not forget the victims.

By Will Baude  |  12:41 PM ET, 05/01/2014 |  Permalink  |  Comments ( 0)

Posted at 12:07 PM ET, 05/01/2014

First Amendment protects speech that threatens to expose judges to “hatred, contempt, disgrace, or ridicule”

The Indiana Supreme Court reverses an incorrect and dangerous decision from the Indiana Court of Appeals.

By Eugene Volokh  |  12:07 PM ET, 05/01/2014 |  Permalink  |  Comments ( 0)

Posted at 11:11 AM ET, 05/01/2014

Victims of Communism Day

The case for transforming May Day into Victims of Communism Day.

By Ilya Somin  |  11:11 AM ET, 05/01/2014 |  Permalink  |  Comments ( 0)

Posted at 10:29 AM ET, 05/01/2014

Kenya legalizes polygamy

A man may marry another wife, even without prior wives’ approval.

By Eugene Volokh  |  10:29 AM ET, 05/01/2014 |  Permalink  |  Comments ( 0)

Posted at 09:52 AM ET, 05/01/2014

‘Why can’t SCOTUSblog get a [press] credential?’

“[T]he US Senate Daily Press Gallery ... has made a major contribution to the body of knowledge on how not to make credentialing decisions.“

By Eugene Volokh  |  09:52 AM ET, 05/01/2014 |  Permalink  |  Comments ( 0)

Posted at 08:18 AM ET, 05/01/2014

Songs about history

Any good suggestions?

By Eugene Volokh  |  08:18 AM ET, 05/01/2014 |  Permalink  |  Comments ( 0)

Posted at 07:48 AM ET, 05/01/2014

Bird conservation group to challenge rule allowing wind farms to kill eagles

The American Bird Conservancy is upset that the federal government will make it easier for wind farms to kill birds

By Jonathan H. Adler  |  07:48 AM ET, 05/01/2014 |  Permalink  |  Comments ( 0)

Posted at 06:57 AM ET, 05/01/2014

The Conservative Case Against Today’s Copyright Law

By Stewart Baker  |  06:57 AM ET, 05/01/2014 |  Permalink  |  Comments ( 0)

 

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