Most Read: National

Live Discussions

There are no discussions scheduled today.

Free Range on Food: Holiday cooking

Free Range on Food: Holiday cooking

Chat transcript

The food team took your questions on Christmas cookies, New Year’s nibbles and more.

Weekly schedule, past shows

Volokh Conspiracy: July, 2014

Posted at 09:42 PM ET, 07/31/2014

Laurie Blank on proportionality in the international law of targeting

Asymmetrical civilian casualties are not the same as legally disproportionate civilian casualties in the law of armed conflict.

By Kenneth Anderson  |  09:42 PM ET, 07/31/2014 |  Permalink  |  Comments ( 0)

Posted at 03:47 PM ET, 07/31/2014

Judge upholds warrant for Microsoft e-mail on foreign server

A quick ruling from the bench. Now on to the Second Circuit.

By Orin Kerr  |  03:47 PM ET, 07/31/2014 |  Permalink  |  Comments ( 0)

Posted at 12:02 PM ET, 07/31/2014

Forty questions for the international media in Gaza

Important questions. Don’t expect any answers.

By David Bernstein  |  12:02 PM ET, 07/31/2014 |  Permalink  |  Comments ( 0)

Posted at 09:34 AM ET, 07/31/2014

Which cheek you gonna turn?

“We’d already been stopped by the cops coming into town. They knew where we were staying which meant the Klan knew we were in town and where we were staying.”

By Charles E. Cobb Jr. (guest-blogging)  |  09:34 AM ET, 07/31/2014 |  Permalink  |  Comments ( 0)

Posted at 07:46 AM ET, 07/31/2014

One thought on the war in Gaza

By David Post  |  07:46 AM ET, 07/31/2014 |  Permalink  |  Comments ( 0)

Posted at 01:36 AM ET, 07/31/2014

The Homophone Menace

In Utah, the secret weapon of the LGBT movement has finally been exposed.

By Dale Carpenter  |  01:36 AM ET, 07/31/2014 |  Permalink  |  Comments ( 0)
Tags:  Homophones

Posted at 05:25 PM ET, 07/30/2014

U.S. Commission on Civil Rights member, on university speech codes

“[The] young adult brain processes information [in a way] vastly different from the way that we adults do.“

By Eugene Volokh  |  05:25 PM ET, 07/30/2014 |  Permalink  |  Comments ( 0)

Posted at 01:53 PM ET, 07/30/2014

Same-sex marriage and animus

The sleeper issue that may decide how Justice Kennedy votes.

By Dale Carpenter  |  01:53 PM ET, 07/30/2014 |  Permalink  |  Comments ( 0)

Posted at 12:06 PM ET, 07/30/2014

En banc D.C. Circuit upholds USDA country-of-origin labeling rule

The D.C. Circuit issues a potentially important decision concerning the constitutional protection afforded compelled commercial speech.

By Jonathan H. Adler  |  12:06 PM ET, 07/30/2014 |  Permalink  |  Comments ( 0)

Posted at 10:21 AM ET, 07/30/2014

Examsoft’s bar exam disaster

Exam software intended to make it easier to take the bar exam appears to have made it more difficult for some.

By Jonathan H. Adler  |  10:21 AM ET, 07/30/2014 |  Permalink  |  Comments ( 0)

Posted at 09:29 AM ET, 07/30/2014

Strong men keep a-comin’ on

Tough men and women and the weapons they sometimes used were essential to the southern Freedom Movement.

By Charles E. Cobb Jr. (guest-blogging)  |  09:29 AM ET, 07/30/2014 |  Permalink  |  Comments ( 0)

Posted at 06:26 AM ET, 07/30/2014

Verizon responds to my blog posts on the foreign e-mail case

A pending case in New York asks whether the government can compel a U.S.-based e-mail provider to disclose the contents of e-mails it has stored in Ireland. In this post, Verizon responds to my earlier posts on the case and I offer a reply.

By Orin Kerr  |  06:26 AM ET, 07/30/2014 |  Permalink  |  Comments ( 0)

Posted at 06:46 PM ET, 07/29/2014

Delicious Sri Lankan food in the D.C. area: Shakthi South Asian Cuisine

Just tried it this weekend, and liked it very much; it’s in Alexandria on Mount Vernon Ave. by Glebe.

By Eugene Volokh  |  06:46 PM ET, 07/29/2014 |  Permalink  |  Comments ( 0)

Posted at 06:38 PM ET, 07/29/2014

Happy (121st, or maybe 113th, or some other large-numbered) birthday, “Happy Birthday To You”

By David Post  |  06:38 PM ET, 07/29/2014 |  Permalink  |  Comments ( 0)

Posted at 09:13 AM ET, 07/29/2014

Standing our ground

“Black World War II veterans changed the climate of the South.... No single group was more important to the modern civil rights movement than these men. It was they who first took young organizers from SNCC and CORE under their wings in the rural south.“

By Charles E. Cobb Jr. (guest-blogging)  |  09:13 AM ET, 07/29/2014 |  Permalink  |  Comments ( 0)

Posted at 02:58 PM ET, 07/28/2014

Fourth Circuit strikes down Virginia ban on same-sex marriage

The court says Virginia’s exclusion of gay couples from marriage is “segregation.“

By Dale Carpenter  |  02:58 PM ET, 07/28/2014 |  Permalink  |  Comments ( 0)

Posted at 10:28 AM ET, 07/28/2014

The case for (and against) congressional standing to sue the president

Rivkin and Foley make their case for congressional standing to sue Obama, but there are still reasons to be skeptical.

By Jonathan H. Adler  |  10:28 AM ET, 07/28/2014 |  Permalink  |  Comments ( 0)

Posted at 07:45 AM ET, 07/28/2014

This nonviolent stuff’ll get you killed

“One of the important lessons I learned as a participant in the southern freedom movement of the 1960s shocks many of my liberal friends: Guns don’t kill people; people kill people. I am neither a member nor supporter of the NRA, but both sides in today’s convoluted arguments about gun control and the second amendment need to pay attention to this lesson.“

By Charles E. Cobb Jr. (guest-blogging)  |  07:45 AM ET, 07/28/2014 |  Permalink  |  Comments ( 0)

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

Licensed handgun carry now legal in District of Columbia: Palmer v. DC

Effects of federal court decision allowing licensed handgun carry in D.C.

By David Kopel  |  04:05 AM ET, 07/28/2014 |  Permalink  |  Comments ( 0)

Posted at 11:25 PM ET, 07/27/2014

Charles E. Cobb Jr. guest-blogging about “This Nonviolent Stuff’ll Get You Killed”

Charles Cobb is Visiting Professor of Africana Studies at Brown University, and a distinguished journalist (with National Public Radio and other outlets) and former member of National Geographic Magazine’s editorial staff. He currently is Senior Writer and Diplomatic Correspondent for AllAfrica.com, the leading online provider of news from and about Africa. From 1962-1967 he served as a field secretary for the Student Nonviolent Coordinating Committee (SNCC) in Mississippi.

By Eugene Volokh  |  11:25 PM ET, 07/27/2014 |  Permalink  |  Comments ( 0)

Posted at 08:27 PM ET, 07/27/2014

White House wants to resurrect the failed 2012 Hamas-Israel cease-fire agreement: Why?

Why would the president demand the revival of a 2012 agreement when (a) Hamas is in a much weaker position today; and (b) that agreement obviously didn’t work?

By David Bernstein  |  08:27 PM ET, 07/27/2014 |  Permalink  |  Comments ( 0)

Posted at 01:49 PM ET, 07/27/2014

More establishment respect for “direct action”

By Stewart Baker  |  01:49 PM ET, 07/27/2014 |  Permalink  |  Comments ( 0)

Posted at 08:07 PM ET, 07/26/2014

Some Israel-Gaza notes (note 1 updated: Kerry’s cease-fire plan “might as well have been penned by Khaled Meshal”)

Among other points made here, reporters have been committing journalistic malpractice by reporting casualty figures from the Hamas-controlled Gaza Ministry of Health as gospel.

By David Bernstein  |  08:07 PM ET, 07/26/2014 |  Permalink  |  Comments ( 0)

Posted at 02:48 PM ET, 07/26/2014

A privacy law’s “unintended” but remarkably convenient results

By Stewart Baker  |  02:48 PM ET, 07/26/2014 |  Permalink  |  Comments ( 0)

Posted at 05:53 PM ET, 07/25/2014

More on privacy rights in e-mail stored outside U.S.

The briefing has now been completed in the Microsoft warrant challenge currently pending in the Southern District of New York. Here are a few thoughts on the arguments in the briefs.

By Orin Kerr  |  05:53 PM ET, 07/25/2014 |  Permalink  |  Comments ( 0)

Posted at 03:20 PM ET, 07/25/2014

Amar on the backgrounds of Supreme Court Justices

An interesting lecture by one of America’s leading constitutional law scholars, and a few thoughts by me in reaction.

By Orin Kerr  |  03:20 PM ET, 07/25/2014 |  Permalink  |  Comments ( 0)

Posted at 11:44 AM ET, 07/25/2014

UC Santa Barbara professor pleads “no contest” to stealing and destroying young anti-abortion protester’s sign, assaulting protester

For criminal purposes, the “no contest” plea is equivalent to a guilty plea. The likely sentence in this case: fine, restitution, community service, “anger management counseling.“

By Eugene Volokh  |  11:44 AM ET, 07/25/2014 |  Permalink  |  Comments ( 0)

Posted at 11:32 AM ET, 07/25/2014

New York court sets aside “gravity knife” prosecution

The court concludes dismissal would be in “the interest of justice,” under a New York statute authorizing such dismissals.

By Eugene Volokh  |  11:32 AM ET, 07/25/2014 |  Permalink  |  Comments ( 0)

Posted at 11:24 AM ET, 07/25/2014

Paywall reprieve: Volokh content will be free and easy for everyone until Dec. 31, free for many (and free for all via RSS/Twitter/Facebook) after that

Users at .edu/.gov/.mil domains will be able to access the blog for free even after Dec. 31, everyone will be able to access it for free via RSS/Twitter/Facebook even after Dec. 31, and in any event there will be no paywall at all until Dec. 31.

By Eugene Volokh  |  11:24 AM ET, 07/25/2014 |  Permalink  |  Comments ( 0)

Posted at 10:41 AM ET, 07/25/2014

Should federal courts apply the canon of constitutional avoidance to state statutes?

By Will Baude  |  10:41 AM ET, 07/25/2014 |  Permalink  |  Comments ( 0)

Posted at 04:21 PM ET, 07/24/2014

On Halbig and statutory interpretation (with a reply to Professor Bagley)

The D.C. Circuit’s decision in Halbig v. Burwell reinforced the principle that the law is what Congress enacts, not what the President wants.

By Jonathan H. Adler  |  04:21 PM ET, 07/24/2014 |  Permalink  |  Comments ( 0)

Posted at 12:20 PM ET, 07/24/2014

Different ways of criticizing Halbig

Why people are talking past one another.

By Will Baude  |  12:20 PM ET, 07/24/2014 |  Permalink  |  Comments ( 0)

Posted at 09:44 AM ET, 07/24/2014

Why the DC Circuit’s interpretation of the ACA in Halbig v. Burwell is far from “absurd” [updated with a response to Abbe Gluck]

The DC Circuit’s interpretation of the Affordable Care Act is not “absurd,” as some critics claim. To the contrary, it exemplifies the kind of “cooperative federalism” that left of center academics and policy experts often praise in other contexts.

By Ilya Somin  |  09:44 AM ET, 07/24/2014 |  Permalink  |  Comments ( 0)

Posted at 08:56 AM ET, 07/24/2014

Caleb Nelson on when federal courts can make federal law

By Will Baude  |  08:56 AM ET, 07/24/2014 |  Permalink  |  Comments ( 0)

Posted at 08:32 AM ET, 07/24/2014

Estimating returns for very-long-term investors (and vampires)

Vampires, and other long-term investors, need to take care about how they interpret historical return data.

By Eugene Volokh and Prof. Jim Dow (guest-blogging)  |  08:32 AM ET, 07/24/2014 |  Permalink  |  Comments ( 0)

Posted at 11:34 PM ET, 07/23/2014

Looking for recommendations on Professional Responsibility texts

A question for current law students and recent law school graduates.

By Orin Kerr  |  11:34 PM ET, 07/23/2014 |  Permalink  |  Comments ( 0)

Posted at 05:43 PM ET, 07/23/2014

When may a felon, who is generally barred from possessing a gun, get it to break up a fight?

An interesting opinion on the scope of the “necessity” defense.

By Eugene Volokh  |  05:43 PM ET, 07/23/2014 |  Permalink  |  Comments ( 0)

Posted at 05:39 PM ET, 07/23/2014

Is sexual orientation discrimination like discrimination based on race? sex? religion? politics? appearance?

Which analogy one chooses is important -- especially for the debate about the religious freedom objections to President Obama’s new executive order barring employment discrimination based on sexual orientation by government contractors.

By Eugene Volokh  |  05:39 PM ET, 07/23/2014 |  Permalink  |  Comments ( 0)

Posted at 04:57 PM ET, 07/23/2014

Textualism vs. more contextual arguments — but not in Halbig

Judge Easterbrook provides a lesson in statutory interpretation.

By Will Baude  |  04:57 PM ET, 07/23/2014 |  Permalink  |  Comments ( 0)

Posted at 03:06 PM ET, 07/23/2014

“The City of Warren cannot allow” access to space by a group “intending to … discourage the practice of religion”

A blatant First Amendment violation on the city’s part.

By Eugene Volokh  |  03:06 PM ET, 07/23/2014 |  Permalink  |  Comments ( 0)

Posted at 08:23 AM ET, 07/23/2014

Economic recovery after the zombie apocalypse

Economic theory provides both answers and questions about how you should prepare for the aftermath.

By Prof. Jim Dow (guest-blogging)  |  08:23 AM ET, 07/23/2014 |  Permalink  |  Comments ( 0)

Posted at 11:14 PM ET, 07/22/2014

Guess the Date

A prescient quote on computer crime law.

By Orin Kerr  |  11:14 PM ET, 07/22/2014 |  Permalink  |  Comments ( 0)

Posted at 07:19 PM ET, 07/22/2014

Supreme Court reverses Ninth Circuit in lethal injection case

By Orin Kerr  |  07:19 PM ET, 07/22/2014 |  Permalink  |  Comments ( 0)

Posted at 07:09 PM ET, 07/22/2014

District court dismisses Senator Johnson’s Obamacare lawsuit

A federal district court concluded that Senator Ron Johnson lacks standing to challenge the Administration’s rewrite of rules governing congressional health care plans.

By Jonathan H. Adler  |  07:09 PM ET, 07/22/2014 |  Permalink  |  Comments ( 0)

Posted at 07:00 PM ET, 07/22/2014

Fourth Circuit upholds IRS tax credit rule

In King v. Burwell, the U.S. Court of Appeals for the Fourth Circuit upheld the same IRS rule struck down this morning by the D.C. Circuit. So now that there’s a circuit split, what comes next?

By Jonathan H. Adler  |  07:00 PM ET, 07/22/2014 |  Permalink  |  Comments ( 0)

Posted at 07:00 PM ET, 07/22/2014

The science of style and fashion

In fashion, science has found, colors should match only moderately.

By Kenneth Anderson  |  07:00 PM ET, 07/22/2014 |  Permalink  |  Comments ( 0)

Posted at 05:01 PM ET, 07/22/2014

When tort defendants die, should any punitive damages claim die with them?

Once the defendant is dead, does the need to punish him die, too? (Compensatory damages are a separate matter; they can indeed be assessed against defendant’s estate after he dies.)

By Eugene Volokh  |  05:01 PM ET, 07/22/2014 |  Permalink  |  Comments ( 0)

Posted at 03:35 PM ET, 07/22/2014

Completely fractured en banc 7th Circuit opinion on due process

Can a city charge people $30 for being arrested?

By Will Baude  |  03:35 PM ET, 07/22/2014 |  Permalink  |  Comments ( 0)

Posted at 03:28 PM ET, 07/22/2014

“Pro-Palestinian group to apologize for violence at Calgary rally”

“[Shane Hamilton] was jumped by several people and had to go to hospital with a concussion, scrapes and bruises, and a bite wound on his wrist. [Hamilton’s] cousin, 20-year-old Jake Birrell, had a shirt bearing the Star of David ripped away and was punched several times, as was Samantha.“

By Eugene Volokh  |  03:28 PM ET, 07/22/2014 |  Permalink  |  Comments ( 0)

Posted at 01:48 PM ET, 07/22/2014

Anti-semitic mob vandalizes and loots Jewish businesses in Paris suburb

“Eighteen people were arrested after looters wrecked shops, including a kosher foodstore and a funeral home, as protesters shouted: ‘Fuck Israel!’“

By Eugene Volokh  |  01:48 PM ET, 07/22/2014 |  Permalink  |  Comments ( 0)

Posted at 01:35 PM ET, 07/22/2014

The ethics and economics of vampire re-ensoulment

What if we could restore vampires’ souls instead of slaying them? There might be good reasons to reject a re-ensoulment policy, but the increased burden on the earth’s resources isn’t one of them.

By Prof. Glen Whitman (guest-blogging)  |  01:35 PM ET, 07/22/2014 |  Permalink  |  Comments ( 0)

Posted at 10:32 AM ET, 07/22/2014

BREAKING — D.C. Circuit strikes down tax credits in federal exchanges

The D.C. Circuit rules for the plaintiffs in Halbig v. Burwell.

By Jonathan H. Adler  |  10:32 AM ET, 07/22/2014 |  Permalink  |  Comments ( 0)

Posted at 01:25 AM ET, 07/22/2014

Remembering Dan Markel

A tribute to my friend Dan.

By Orin Kerr  |  01:25 AM ET, 07/22/2014 |  Permalink  |  Comments ( 0)

Posted at 05:45 PM ET, 07/21/2014

Ninth Circuit denies rehearing in lethal injection case over 11-judge dissent

Next stop: The Supreme Court, which is likely to take the case.

By Orin Kerr  |  05:45 PM ET, 07/21/2014 |  Permalink  |  Comments ( 0)

Posted at 05:29 PM ET, 07/21/2014

Anne Hollander, Ave Atque Vale

Art historian of clothing, fashion, and style, rigorous and incisive essayist on aesthetics, passes away at 83. The social evolution of today’s male suit, she observed in Sex and Suits in 1994, has a longer, much more complicated history than you might think.

By Kenneth Anderson  |  05:29 PM ET, 07/21/2014 |  Permalink  |  Comments ( 0)
Tags:  Ave Atque Vale

Posted at 01:53 PM ET, 07/21/2014

Federalist Society CFPB podcast

By Todd Zywicki  |  01:53 PM ET, 07/21/2014 |  Permalink  |  Comments ( 0)

Posted at 01:45 PM ET, 07/21/2014

UPDATED Is the Supreme Court rethinking its summary reversal in Martinez v. Illinois?

Martinez v. Illinois was a summary reversal, in which the state of Illinois had been allowed to appeal an acquittal, which is a no-no under the Double Jeopardy Clause.

By Will Baude  |  01:45 PM ET, 07/21/2014 |  Permalink  |  Comments ( 0)

Posted at 12:11 PM ET, 07/21/2014

Tragedy of the blood commons

Vampires and zombies are both known for their voracious eating habits.  If they’re not careful, they could hunt the humans -- and hence themselves -- into extinction.

By Prof. Glen Whitman (guest-blogging)  |  12:11 PM ET, 07/21/2014 |  Permalink  |  Comments ( 0)

Posted at 11:32 AM ET, 07/21/2014

Summary procedures in the Supreme Court compared to courts of appeals

Here are four reasons why they differ.

By Will Baude  |  11:32 AM ET, 07/21/2014 |  Permalink  |  Comments ( 0)

Posted at 08:00 AM ET, 07/21/2014

An apologia for Undead Studies

The undead invasion of the academy is not without its critics; some see it as a distraction from more serious and important matters. We respond to the critics.

By Eugene Volokh  |  08:00 AM ET, 07/21/2014 |  Permalink  |  Comments ( 0)

Posted at 05:36 PM ET, 07/20/2014

Profs. Glen Whitman and Jim Dow, guest-blogging about ‘Economics of the Undead: Zombies, Vampires, and the Dismal Science’

I much enjoyed the book, and I’m sure you’ll enjoy Glen’s and Jim’s posts.

By Eugene Volokh  |  05:36 PM ET, 07/20/2014 |  Permalink  |  Comments ( 0)

Posted at 03:24 PM ET, 07/20/2014

James Garner RIP

My tribute to James “Maverick” “Rockford” Garner (and his reaction to it)

By Randy Barnett  |  03:24 PM ET, 07/20/2014 |  Permalink  |  Comments ( 0)

Posted at 12:47 PM ET, 07/20/2014

Rule of law vs. rule through law

“Far from being a modern sort of power that the Constitution could not have anticipated, administrative power is an old and familiar power that constitutional law systematically repudiated.“

By Philip Hamburger (guest-blogging)  |  12:47 PM ET, 07/20/2014 |  Permalink  |  Comments ( 0)

Posted at 11:29 AM ET, 07/20/2014

Attempted pogrom thwarted by Jewish self-defense groups

By David Bernstein  |  11:29 AM ET, 07/20/2014 |  Permalink  |  Comments ( 0)

Posted at 06:17 AM ET, 07/20/2014

Dan Markel, RIP

Well-known Florida State law professor Dan Markel died on Saturday, after being shot in what may have been a invasion the day before. He will be greatly missed.

By Ilya Somin  |  06:17 AM ET, 07/20/2014 |  Permalink  |  Comments ( 0)

Posted at 02:25 AM ET, 07/20/2014

Ninth Circuit stops Arizona execution so inmate can pursue a First Amendment claim

The Ninth Circuit has handed down a new decision granting a preliminary injunction of a planned lethal injection so the inmate set to be executed can litigate a First Amendment claim seeking information about his execution. Here’s a quick run-down of the court’s analysis and a few thoughts on why I find it puzzling.

By Orin Kerr  |  02:25 AM ET, 07/20/2014 |  Permalink  |  Comments ( 0)

Posted at 03:30 PM ET, 07/19/2014

Who’s protected by taxpayer privacy laws? Hint: not taxpayers

By Stewart Baker  |  03:30 PM ET, 07/19/2014 |  Permalink  |  Comments ( 0)

Posted at 11:06 PM ET, 07/18/2014

Crowd-checking a draft amicus brief

Can “post[ing] a false advertisement on the Internet that causes unwitting third parties to contact the targeted individual” be made a crime? Is it already a crime under Massachusetts law? I have a rough draft of an amicus brief on this subject, and I’d love reader feedback on it.

By Eugene Volokh  |  11:06 PM ET, 07/18/2014 |  Permalink  |  Comments ( 0)

Posted at 05:21 PM ET, 07/18/2014

Federal appeals court strikes down Oklahoma’s gay-marriage ban

And Florida’s law is invalidated by a state court.

By Dale Carpenter  |  05:21 PM ET, 07/18/2014 |  Permalink  |  Comments ( 0)

Posted at 04:19 PM ET, 07/18/2014

Who is protected by patient privacy laws? Hint: not patients.

By Stewart Baker  |  04:19 PM ET, 07/18/2014 |  Permalink  |  Comments ( 0)

Posted at 12:59 AM ET, 07/18/2014

A weak opinion striking down California’s death penalty

A federal judge struck down California’s death penalty because the state doesn’t execute enough people who are on death row. I find the judge’s reasoning pretty weak. Here’s why.

By Orin Kerr  |  12:59 AM ET, 07/18/2014 |  Permalink  |  Comments ( 0)

Posted at 06:17 PM ET, 07/17/2014

Federal bill to restrict the content of gun advertising

Likely mostly unconstitutional -- and a pretty poor idea.

By Eugene Volokh  |  06:17 PM ET, 07/17/2014 |  Permalink  |  Comments ( 0)

Posted at 05:58 PM ET, 07/17/2014

Academic bullying (UPDATED)

Prof. David Enoch attacks Prof. Bell’s purported “pseudo-scholarship,” without providing any evidence that Bell is wrong, much less so egregiously wrong to warrant such an attack.

By David Bernstein  |  05:58 PM ET, 07/17/2014 |  Permalink  |  Comments ( 0)

Posted at 04:57 PM ET, 07/17/2014

(Theodore) Sturgeon’s Law, as applied to the invasive fish species problem

“90% of everything is carp.“

By Eugene Volokh  |  04:57 PM ET, 07/17/2014 |  Permalink  |  Comments ( 0)

Posted at 04:39 PM ET, 07/17/2014

Vox.com just needs to stop writing about Israel

Another embarrassing error at Vox.com on the Israeli-Palestinian conflict. This one is really, really, bad.

By David Bernstein  |  04:39 PM ET, 07/17/2014 |  Permalink  |  Comments ( 0)

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

Can Manuel Noriega really win his “right of publicity” lawsuit against Activision?

Maybe, under the broken and unpredictable “right of publicity” law. And he might even be able to sue over any such depiction in Forrest-Gump-like movies and graphic novels -- and maybe even the use of his name in an ordinary novel. Crazy, but unfortunately possible.

By Eugene Volokh  |  02:02 PM ET, 07/17/2014 |  Permalink  |  Comments ( 0)

Posted at 01:38 PM ET, 07/17/2014

[By Prof. Philip Hamburger:] The Constitution’s repudiation of extralegal power

The Constitution systematically repudiated extralegal or absolute power, and it thereby precluded administrative power.

By Philip Hamburger (guest-blogging)  |  01:38 PM ET, 07/17/2014 |  Permalink  |  Comments ( 0)

Posted at 09:34 AM ET, 07/17/2014

When Friedrich Hayek met Bruno Leoni

By Todd Zywicki  |  09:34 AM ET, 07/17/2014 |  Permalink  |  Comments ( 0)

Posted at 06:29 PM ET, 07/16/2014

Cool museums, memorials and similar places in the D.C. area?

Contribute your favorites!

By Eugene Volokh  |  06:29 PM ET, 07/16/2014 |  Permalink  |  Comments ( 0)

Posted at 05:21 PM ET, 07/16/2014

What the debate over tenure for public school teachers misses

Why give public school teachers a huge financial incentive to stay long after they’ve burnt out?

By David Bernstein  |  05:21 PM ET, 07/16/2014 |  Permalink  |  Comments ( 0)

Posted at 04:22 PM ET, 07/16/2014

A surprising part of federal law enforcement training

I didn’t know that part of the training includes a visit to the National Holocaust Museum, as a lesson on the dangers of the transformation of law enforcement into a tool of oppression.

By Will Baude  |  04:22 PM ET, 07/16/2014 |  Permalink  |  Comments ( 0)

Posted at 03:35 PM ET, 07/16/2014

“In a country professing Christianity, … I find my religion and myself attacked”

An interesting quote, about events in 1793.

By Eugene Volokh  |  03:35 PM ET, 07/16/2014 |  Permalink  |  Comments ( 0)

Posted at 02:35 PM ET, 07/16/2014

[By Prof. Philip Hamburger:] Extralegal power, delegation, and necessity

Conceptually, my book, “Is Administrative Law Unlawful?,” argues that administrative power is extralegal. As in the past, this sort of power is often justified on grounds of delegation and necessity, but these justifications are weak.

By Philip Hamburger (guest-blogging)  |  02:35 PM ET, 07/16/2014 |  Permalink  |  Comments ( 0)

Posted at 11:57 AM ET, 07/16/2014

A conversation with Philip Hamburger on his new book, “Is Administrative Law Unlawful”?

By Todd Zywicki  |  11:57 AM ET, 07/16/2014 |  Permalink  |  Comments ( 0)

Posted at 02:59 AM ET, 07/16/2014

Fifth Circuit upholds University of Texas affirmative action program in Fisher case on remand from the Supreme Court

A divided Fifth Circuit Court of Appeals panel has upheld the University of Texas’ program of racially based affirmative action in admissions. That court’s previous decision upholding the program was vacated by the Supreme Court last year in an important ruling that required the court of appeals to reconsider the program without any deference to university’s judgment about whether racial preferences are needed to achieve the educational benefits of diversity.

By Ilya Somin  |  02:59 AM ET, 07/16/2014 |  Permalink  |  Comments ( 0)

Posted at 06:15 PM ET, 07/15/2014

Israel, Hamas, and micro-deterrence

Would a more automatic and mathematical policy be a more effective deterrent?

By Nicholas Quinn Rosenkranz  |  06:15 PM ET, 07/15/2014 |  Permalink  |  Comments ( 0)
Tags:  Hamas, Israel

Posted at 04:39 PM ET, 07/15/2014

“Word crimes,” by Weird Al Yankovic

An instant classic.

By Eugene Volokh  |  04:39 PM ET, 07/15/2014 |  Permalink  |  Comments ( 0)

Posted at 04:26 PM ET, 07/15/2014

What percentage of the U.S. population is gay, lesbian or bisexual?

A new Centers for Disease Control & Prevention has the data.

By Eugene Volokh  |  04:26 PM ET, 07/15/2014 |  Permalink  |  Comments ( 0)

Posted at 04:23 PM ET, 07/15/2014

What team were the Cardinals before they were promoted?

No knowledge of obscure baseball history required.

By Eugene Volokh  |  04:23 PM ET, 07/15/2014 |  Permalink  |  Comments ( 0)

Posted at 03:22 PM ET, 07/15/2014

Motorola Mobility: A do-over

By Will Baude  |  03:22 PM ET, 07/15/2014 |  Permalink  |  Comments ( 0)

Posted at 03:08 PM ET, 07/15/2014

Federal government action can be a public nuisance, Seventh Circuit holds

OK, don’t get too excited -- it’s certain kind of federal executive action, and the potential claims are distinctly limited. But the case does have other fun facts: it’s about invasive species, and the case is likely to be labeled “Asian Carp II.“

By Eugene Volokh  |  03:08 PM ET, 07/15/2014 |  Permalink  |  Comments ( 0)

Posted at 02:37 PM ET, 07/15/2014

My JOTWELL entry on prophylactic rules

It is a rare achievement to write about a case in the constitutional law canon and tell us something we did not know. John Stinneford does with Miranda.

By Will Baude  |  02:37 PM ET, 07/15/2014 |  Permalink  |  Comments ( 0)

Posted at 01:41 PM ET, 07/15/2014

[By Prof. Philip Hamburger:] Why the history of administrative power matters

Although administrative power has been a part of American life for more than a century, much of its history has remained untold. And this forgotten history matters for understanding the danger and unlawfulness of administrative power.

By Philip Hamburger (guest-blogging)  |  01:41 PM ET, 07/15/2014 |  Permalink  |  Comments ( 0)

Posted at 08:53 PM ET, 07/14/2014

Vox.com refuses to correct Max Fisher’s error re Hebron

Vox.com claims to offer short but definitive analysis, but won’t correct its author’s blatant error.

By David Bernstein  |  08:53 PM ET, 07/14/2014 |  Permalink  |  Comments ( 0)

Posted at 02:31 PM ET, 07/14/2014

Officials of secular groups must be allowed to solemnize marriages just like clergy can

So the Seventh Circuit held today -- and its logic potentially extends far beyond this one particular sort of religious accommodation.

By Eugene Volokh  |  02:31 PM ET, 07/14/2014 |  Permalink  |  Comments ( 0)

Posted at 01:18 PM ET, 07/14/2014

Weltmeister!

Trust the Germans to have a single word to crown themselves World Champion.

By Prof. William Birdthistle (guest-blogging)  |  01:18 PM ET, 07/14/2014 |  Permalink  |  Comments ( 0)

Posted at 08:55 AM ET, 07/14/2014

Recharacterizing the levels of scrutiny in First Amendment cases?

By Will Baude  |  08:55 AM ET, 07/14/2014 |  Permalink  |  Comments ( 0)

Posted at 05:52 AM ET, 07/14/2014

Prof. Philip Hamburger (Columbia), guest-blogging, on his “Is Administrative Law Unlawful?”

By Eugene Volokh  |  05:52 AM ET, 07/14/2014 |  Permalink  |  Comments ( 0)

Posted at 06:59 PM ET, 07/12/2014

A liberal’s second thoughts about Hobby Lobby

“The Supreme Court’s five conservatives have delivered a profoundly liberal opinion. Too bad so many liberals don’t seem to realize it.“

By Dale Carpenter  |  06:59 PM ET, 07/12/2014 |  Permalink  |  Comments ( 0)

Posted at 11:01 AM ET, 07/12/2014

Tom Ginsburg’s proposal to eliminate penalty shootouts

Plan would eliminate penalty shootouts in cases of a tie.

By Will Baude  |  11:01 AM ET, 07/12/2014 |  Permalink  |  Comments ( 0)

Posted at 10:00 AM ET, 07/12/2014

The Fermi Paradox

The Fermi Paradox is one of the most important unanswered questions facing humanity. Whatever the answer turns out to be, it is likely to have major implications for our future.

By Ilya Somin  |  10:00 AM ET, 07/12/2014 |  Permalink  |  Comments ( 0)

Posted at 02:49 AM ET, 07/12/2014

Can people “exercise religion” through publicly traded corporations?

David Post and many other critics of the Court’s Hobby Lobby decision believe it is absurd to imagine that people can exercise their religion through a publicly traded corporation. But, at least in some instances, this is entirely possible, in much the same way as people can use such firms to engage in speech or adhere to secular moral values.

By Ilya Somin  |  02:49 AM ET, 07/12/2014 |  Permalink  |  Comments ( 0)

Posted at 08:34 PM ET, 07/11/2014

[By Kevin Underhill:] Laws that continue to baffle me

Any experts on Hittite law are especially welcome to comment.

By Kevin Underhill  |  08:34 PM ET, 07/11/2014 |  Permalink  |  Comments ( 0)

Posted at 01:36 PM ET, 07/11/2014

Reifying the corporation, in law and in fact

Of course the law usually respects the corporate form. The law ought to do so whenever it’s convenient to do so, and ignore the corporate form whenever that’s convenient. And regular people like you and me should always look through the corporate form and see the people.

By Sasha Volokh  |  01:36 PM ET, 07/11/2014 |  Permalink  |  Comments ( 0)

Posted at 12:11 PM ET, 07/11/2014

Let’s not “reify the corporation”? Really?

By David Post  |  12:11 PM ET, 07/11/2014 |  Permalink  |  Comments ( 0)

Posted at 10:15 AM ET, 07/11/2014

Why might motions panels have limited authority?

An explanation of my thinking.

By Will Baude  |  10:15 AM ET, 07/11/2014 |  Permalink  |  Comments ( 0)

Posted at 08:49 AM ET, 07/11/2014

May you possess a gun notwithstanding a foreign felony conviction?

No problem under federal law, the U.S. Supreme Court held in 2005. But forbidden under Washington state law, the Washington Attorney General recently opined (at least when the felonies are serious enough).

By Eugene Volokh  |  08:49 AM ET, 07/11/2014 |  Permalink  |  Comments ( 0)

Posted at 08:24 AM ET, 07/11/2014

State and federal responsibilities for environmental protection

A congressional hearing this morning will look into how to divide responsibility for environmental protection between the federal and state governments.

By Jonathan H. Adler  |  08:24 AM ET, 07/11/2014 |  Permalink  |  Comments ( 0)

Posted at 06:33 PM ET, 07/10/2014

[By Prof. William Birdthistle:] Germany v. Argentina

Football’s aristocrats duel for the biggest trophy in sport.

By Prof. William Birdthistle (guest-blogging)  |  06:33 PM ET, 07/10/2014 |  Permalink  |  Comments ( 0)

Posted at 06:04 PM ET, 07/10/2014

A corporation is more nearly a method than a thing

Let’s not reify the corporation: like Soylent Green, it’s people.

By Sasha Volokh  |  06:04 PM ET, 07/10/2014 |  Permalink  |  Comments ( 0)

Posted at 05:46 PM ET, 07/10/2014

Overprotecting public-employee pensions, from the Reason Foundation

The federal constitution protects public-employee pension obligations, and many states provide additional protection -- which is all to the good. But California goes overboard.

By Sasha Volokh  |  05:46 PM ET, 07/10/2014 |  Permalink  |  Comments ( 0)

Posted at 04:06 PM ET, 07/10/2014

[By Kevin Underhill:] Apply here for reincarnation

Many weird laws arise from the government butting in where it doesn’t belong.

By Kevin Underhill  |  04:06 PM ET, 07/10/2014 |  Permalink  |  Comments ( 0)

Posted at 03:55 PM ET, 07/10/2014

Seth Rogen and James Franco are ‘shocking the world community’ (and don’t fear ‘any punishment from Heaven’)

“The U.S.[’s] ... brib[ing] a rogue film-maker into daring to hurt the dignity of the supreme leadership of DPRK” is “a revelation of its fear, as it is taken aback by the bright and rosy future of DPRK under the leadership of the peerless great man.“

By Eugene Volokh  |  03:55 PM ET, 07/10/2014 |  Permalink  |  Comments ( 0)

Posted at 03:31 PM ET, 07/10/2014

Blogger (W.J.J. Hoge, Hogewash) sues blogger (Bill Schmalfeldt, Die Schmalfeldt-Tagezeitung) for copyright infringement

District court says: likely no infringement, likely fair use, no preliminary injunction for you! Special bonus: Hoge and Schmalfeldt have been players in the Brett Kimberlin affair. Very inside blogosphere.

By Eugene Volokh  |  03:31 PM ET, 07/10/2014 |  Permalink  |  Comments ( 0)

Posted at 02:53 PM ET, 07/10/2014

Missing the point on Hobby Lobby — rejoinder to David Post

It doesn’t matter if Hobby Lobby cannot “exercise religion” separately from its owners. The point is that imposing a mandate on a corporation necessarily imposes on its owners too. And they certainly can exercise religion - including in the way they use their corporate property.

By Ilya Somin  |  02:53 PM ET, 07/10/2014 |  Permalink  |  Comments ( 0)

Posted at 02:01 PM ET, 07/10/2014

I’ll take the bait! A reply to Ilya’s response re corporate religionhood

By David Post  |  02:01 PM ET, 07/10/2014 |  Permalink  |  Comments ( 0)
Tags:  corporations, Hobby Lobby, RFRA

Posted at 12:24 PM ET, 07/10/2014

The strange world of soccer, cont’d

By David Post  |  12:24 PM ET, 07/10/2014 |  Permalink  |  Comments ( 0)
Tags:  Soccer, World Cup

Posted at 11:25 AM ET, 07/10/2014

Enemies

Wishing away the concept of enemies based on our common humanity isn’t go to make the actual enemies go away.

By David Bernstein  |  11:25 AM ET, 07/10/2014 |  Permalink  |  Comments ( 0)

Posted at 11:21 AM ET, 07/10/2014

The Economics of the Undead

The newly published book “Economics of the Undead” answers all the questions about the political economy of the undead that you were afraid to ask - though you might be even more afraid when you learn the answers.

By Ilya Somin  |  11:21 AM ET, 07/10/2014 |  Permalink  |  Comments ( 0)

Posted at 09:39 AM ET, 07/10/2014

Can’t register trademark with Statue of Liberty holding silenced gun because that would be ‘shocking, offensive and disparaging’?

Yes, argued a U.S. Patent & Trademark Officer examiner, in refusing to register the mark.

By Eugene Volokh  |  09:39 AM ET, 07/10/2014 |  Permalink  |  Comments ( 0)

Posted at 08:15 AM ET, 07/10/2014

Person prosecuted for possessing ‘child pornography’ — copies of nude photographs of children from National Geographic, a sociology textbook, and nudist magazines

No, says Massachusetts’ highest court: such photographs don’t involve “lewd exhibition” of the children’s bodies, and are thus not child pornography (even if there is reason to think the defendant kept the photographs with sexual intentions).

By Eugene Volokh  |  08:15 AM ET, 07/10/2014 |  Permalink  |  Comments ( 0)

Posted at 07:30 AM ET, 07/10/2014

Corporations and the “free exercise” of religion — response to David Post

Co-blogger David Post argues that the Supreme Court’s decision in Hobby Lobby is wrong because for-profit corporations cannot “exercise religion” and the contraception mandate does not “burden” their exercise even if they could. Neither argument withstands scrutiny, and both would have set a dangerous precedent if adopted by the Court.

By Ilya Somin  |  07:30 AM ET, 07/10/2014 |  Permalink  |  Comments ( 0)

Posted at 10:53 PM ET, 07/09/2014

[By Kevin Underhill:] Hunting squirrels with dynamite

Do we have the legal system we deserve?

By Kevin Underhill  |  10:53 PM ET, 07/09/2014 |  Permalink  |  Comments ( 0)

Posted at 07:38 PM ET, 07/09/2014

Motorola Mobility v. AU Optronics: A request for interlocutory review gone awry

An object lesson in why regular procedures are better than ad hoc suspensions.

By Will Baude  |  07:38 PM ET, 07/09/2014 |  Permalink  |  Comments ( 0)

Posted at 02:08 PM ET, 07/09/2014

Stories from people whose names became legal doctrines?

What’s it like to have a legal doctrine named after you? Does it make you a hit at lawyer parties? Make it easier to break the ice with potential romantic partners?

By Eugene Volokh  |  02:08 PM ET, 07/09/2014 |  Permalink  |  Comments ( 0)

Posted at 01:17 PM ET, 07/09/2014

Fun KnowMore map of what’s across the ocean if you’re on the beach

How can you sail to Algeria?

By Sasha Volokh  |  01:17 PM ET, 07/09/2014 |  Permalink  |  Comments ( 0)

Posted at 12:44 PM ET, 07/09/2014

Registering a trademark on the phrase ‘personal liberty’?

The Trademarks Trial and Appeal Board weighs in.

By Eugene Volokh  |  12:44 PM ET, 07/09/2014 |  Permalink  |  Comments ( 0)

Posted at 12:41 PM ET, 07/09/2014

Missouri voters will consider strengthening state constitutional right to bear arms

The proposal -- which would mandate strict scrutiny for most restrictions on guns, ammunition, and “accessories typical to the normal function of such arms” -- will be on the ballot August 5.

By Eugene Volokh  |  12:41 PM ET, 07/09/2014 |  Permalink  |  Comments ( 0)

Posted at 11:37 AM ET, 07/09/2014

What’s wrong with the Hobby Lobby decision

By David Post  |  11:37 AM ET, 07/09/2014 |  Permalink  |  Comments ( 0)
Tags:  First Amendment, Hobby Lobby, RFRA, Supreme Court

Posted at 09:44 AM ET, 07/09/2014

Is RFRA limited to pre-Smith jurisprudence, or does RFRA run through it?

There was one legal conclusion in the Hobby Lobby decision that was somewhat surprising.

By Will Baude  |  09:44 AM ET, 07/09/2014 |  Permalink  |  Comments ( 0)

Posted at 07:50 PM ET, 07/08/2014

[By Prof. William Birdthistle:] The Massacre at Malo Horizonte

“And footballers in Brazil now a-field / Shall think themselves accursed that they were here, / And hold their manhoods cheap whiles Germans speak / That fought ‘gainst them upon Saint Jögi’s day.“

By Prof. William Birdthistle (guest-blogging)  |  07:50 PM ET, 07/08/2014 |  Permalink  |  Comments ( 0)

Posted at 07:41 PM ET, 07/08/2014

Justice Ginsburg’s Hobby Lobby dissent does not mention Koch Industries

Was this a conscious omission?

By Nicholas Quinn Rosenkranz  |  07:41 PM ET, 07/08/2014 |  Permalink  |  Comments ( 0)

Posted at 05:42 PM ET, 07/08/2014

[By Kevin Underhill:] The Guano Islands Act

And other old laws of more than historical interest.

By Kevin Underhill  |  05:42 PM ET, 07/08/2014 |  Permalink  |  Comments ( 0)

Posted at 12:39 PM ET, 07/08/2014

Does the Religious Freedom Restoration Act violate the separation of powers?

No -- there’s nothing wrong with Congress’s using the strict scrutiny test as a statutory matter for religious exemption cases, even though the Court rejected it as a constitutional matter.

By Eugene Volokh  |  12:39 PM ET, 07/08/2014 |  Permalink  |  Comments ( 0)

Posted at 12:38 PM ET, 07/08/2014

(Mis)measuring executive branch overreach

Concerns about presidential actions that exceed the scope of executive branch authority are about the substance of such actions, not their number. And while critics of the administration have a point, a planned congressional lawsuit faces uphill sledding.

By Jonathan H. Adler  |  12:38 PM ET, 07/08/2014 |  Permalink  |  Comments ( 0)

Posted at 10:38 AM ET, 07/08/2014

[By Prof. William Birdthistle:] The Final Four in Brazil

South America versus Europe in two brawls between overdogs.

By Prof. William Birdthistle (guest-blogging)  |  10:38 AM ET, 07/08/2014 |  Permalink  |  Comments ( 0)

Posted at 10:30 AM ET, 07/08/2014

Halbig v. Burwell: The next big Obamacare case

Decisions are expected shortly in cases challenging an IRS rule authorizing tax credits for health insurance in federal exchanges.

By Jonathan H. Adler  |  10:30 AM ET, 07/08/2014 |  Permalink  |  Comments ( 0)

Posted at 09:28 AM ET, 07/08/2014

Page limits and footnotes

By Eugene Volokh  |  09:28 AM ET, 07/08/2014 |  Permalink  |  Comments ( 0)

Posted at 09:00 AM ET, 07/08/2014

The Supreme Court’s secular Jewish cabal’s war on religious freedom?

Attributing Hobby Lobby’s result to a cabal of Catholic male Supreme Court Justices is reductionist and offensive.

By David Bernstein  |  09:00 AM ET, 07/08/2014 |  Permalink  |  Comments ( 0)

Posted at 08:11 AM ET, 07/08/2014

Narco-saints and expert evidence

The narco-saints: Santa Muerte and Jesus Malverde. The frequent expert: U.S. Marshal Robert Almonte.

By Eugene Volokh  |  08:11 AM ET, 07/08/2014 |  Permalink  |  Comments ( 0)

Posted at 08:00 AM ET, 07/08/2014

Policeman’s personal motivation for turning in daughter-in-law for a minor crime — should it matter legally?

A tragic story, involving a dying child and medical marijuana; an appalling family quarrel; and two legal questions.

By Eugene Volokh  |  08:00 AM ET, 07/08/2014 |  Permalink  |  Comments ( 0)

Posted at 10:22 PM ET, 07/07/2014

A judge who should heed his own advice

It’s not a wise thing for a sitting federal judge to tell the Supreme Court to STFU.

By Jonathan H. Adler  |  10:22 PM ET, 07/07/2014 |  Permalink  |  Comments ( 0)

Posted at 05:08 PM ET, 07/07/2014

Reed v. Town of Gilbert: an important First Amendment content discrimination case, to be heard by the Court this coming year

Can a speech restriction distinguishing (1) signs “support[ing] candidates” or relating to “any other matter on the ballot,” (2) “sign[s] communicating a message or ideas,” and (3) signs related to noncommercial “event[s],” be called “content-neutral“? The Ninth Circuit said it was indeed content-neutral -- but that can’t be right.

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

Posted at 03:15 PM ET, 07/07/2014

What legal protections apply to e-mail stored outside the U.S.?

A challenge brought by Microsoft in federal court in New York raises a novel and important question: If a U.S. Internet provider stores e-mail on a server outside the U.S., can U.S. authorities compel the provider to hand over the e-mails using a U.S. search warrant? This post delves into the details of the case and concludes that the answer is, well, pretty unclear.

By Orin Kerr  |  03:15 PM ET, 07/07/2014 |  Permalink  |  Comments ( 0)

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

[By Kevin Underhill:] The Emergency Sasquatch Ordinance

Beginning a five-part series examining weird laws and trying to explain their existence.

By Kevin Underhill  |  03:05 PM ET, 07/07/2014 |  Permalink  |  Comments ( 0)

Posted at 02:49 PM ET, 07/07/2014

Kevin Underhill, author of ‘The Emergency Sasquatch Ordinance: And Other Real Laws that Human Beings Actually Dreamed Up,’ guest-blogging

“he Emergency Sasquatch Ordinance collects hundreds of written laws that have been inflicted on humanity by various culprits over the past 5000 years. The laws in this book may be unusual, bizarre, absurd, stupid, or all of the above, but every one of them is real.“

By Eugene Volokh  |  02:49 PM ET, 07/07/2014 |  Permalink  |  Comments ( 0)

Posted at 10:49 AM ET, 07/07/2014

The next batch of RFRA religious accommodation cases

Wahhabi, wasabi, kohlrabi

By Sasha Volokh  |  10:49 AM ET, 07/07/2014 |  Permalink  |  Comments ( 0)

Posted at 09:55 AM ET, 07/07/2014

Is providing women with cost-free birth control a “compelling government interest”?

The Court’s “compelling interest” jurisprudence is a mess, and it missed an opportunity in Hobby Lobby to clarify it.

By David Bernstein  |  09:55 AM ET, 07/07/2014 |  Permalink  |  Comments ( 0)

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

Former Nixon speechwriter: Why the president had to resign, or be impeached

John K. Andrews’s explanation for why the lawless president he once served had to be removed from office.

By David Kopel  |  09:01 AM ET, 07/07/2014 |  Permalink  |  Comments ( 0)

Posted at 10:11 PM ET, 07/06/2014

No, the Supreme Court’s Hobby Lobby decision is not based upon a scientific mistake

Some critics charge that the Supreme Court based its decision in Hobby Lobby on junk science. Such claims misunderstand the relevant legal standard and, in some cases, make scientific errors of their own.

By Jonathan H. Adler  |  10:11 PM ET, 07/06/2014 |  Permalink  |  Comments ( 0)

Posted at 05:47 PM ET, 07/06/2014

Unanswered questions in the Wheaton College litigation

By Will Baude  |  05:47 PM ET, 07/06/2014 |  Permalink  |  Comments ( 0)

Posted at 04:59 PM ET, 07/06/2014

The Washington Post’s doubtful privacy statistics

By Stewart Baker  |  04:59 PM ET, 07/06/2014 |  Permalink  |  Comments ( 0)

Posted at 10:47 AM ET, 07/06/2014

More on what the Wheaton College injunction does (and does not) mean for contraception coverage

Why the Court’s order in Wheaton College v. Burwell signifies less than many commentators (and the Court’s dissenters) seem to think.

By Jonathan H. Adler  |  10:47 AM ET, 07/06/2014 |  Permalink  |  Comments ( 0)

Posted at 03:32 PM ET, 07/05/2014

Dissenting views on the Declaration of Independence

Criticism of the Declaration of Independence from Frederick Douglass and Jeremy Bentham

By Will Baude  |  03:32 PM ET, 07/05/2014 |  Permalink  |  Comments ( 0)

Posted at 03:01 PM ET, 07/04/2014

The Declaration of Independence annotated

July 4th is a good day to remember what the Declaration of Independence said, and what it meant.

By Randy Barnett  |  03:01 PM ET, 07/04/2014 |  Permalink  |  Comments ( 0)

Posted at 02:12 PM ET, 07/04/2014

Noel Canning cites Missouri v. Holland

Is Justice Breyer sending a subtle message by citing Missouri v. Holland?

By Nicholas Quinn Rosenkranz  |  02:12 PM ET, 07/04/2014 |  Permalink  |  Comments ( 0)
Tags:  treaties

Posted at 02:44 AM ET, 07/04/2014

[By Prof. William Birdthistle:] We can still win the World Cup, whoever we are

Celebrate America’s independence from the World Cup by choosing a new team to support for the next ten days.

By Prof. William Birdthistle (guest-blogging)  |  02:44 AM ET, 07/04/2014 |  Permalink  |  Comments ( 0)

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

Supreme Court grants Wheaton College an injunction against contraception mandate accommodation

Challenges to the contraception mandate accommodation HHS offered to religious non-profits will proceed.

By Jonathan H. Adler  |  07:10 PM ET, 07/03/2014 |  Permalink  |  Comments ( 0)

Posted at 06:21 PM ET, 07/03/2014

Crime to post comments containing vulgar insults on police department Facebook page?

Yes, held a Wisconsin trial court, in allowing a conviction for precisely such speech. No, the Wisconsin Court of Appeals held today.

By Eugene Volokh  |  06:21 PM ET, 07/03/2014 |  Permalink  |  Comments ( 0)

Posted at 06:04 PM ET, 07/03/2014

Federal judge routinely encourages “parties and counsel” to contact Sens. Feinstein and Boxer to address staffing problems

A U.S. District Court for the Eastern District of California judge has included this in dozens of its opinions since early 2013. [UPDATED: I originally erroneously said this was so for the court generally, but it turns out the opinions come from one of the court’s judges.]

By Eugene Volokh  |  06:04 PM ET, 07/03/2014 |  Permalink  |  Comments ( 0)

Posted at 12:17 PM ET, 07/03/2014

Gay Christian conservative employee sues gay bar for sexual, religious harassment

The employee alleges that part of the religious harassment consisted of anti-Christian statements in comedy routines, videos, and ads; the court rightly rejects those parts of the claim. But the claim based on the anti-Christian statements said specifically to plaintiff can go forward.

By Eugene Volokh  |  12:17 PM ET, 07/03/2014 |  Permalink  |  Comments ( 0)

Posted at 11:43 AM ET, 07/03/2014

Heritage Foundation Supreme Court review next Tuesday

A very interesting -- and far from ideologically homogeneous -- program next Tuesday, July 8, from 11 am to 1 pm; you can see it in person in D.C., or watch it online.

By Eugene Volokh  |  11:43 AM ET, 07/03/2014 |  Permalink  |  Comments ( 0)

Posted at 11:31 AM ET, 07/03/2014

Thomas Cooley’s Terrible, Horrible, No Good, Very Bad Day

By Jonathan H. Adler  |  11:31 AM ET, 07/03/2014 |  Permalink  |  Comments ( 0)

Posted at 09:25 AM ET, 07/03/2014

Bad week for felons who want to have guns

Supreme courts in the two states that seemed potentially most open to preserving felons’ rights to keep and bear arms -- Colorado and Louisiana -- have rejected such claims.

By Eugene Volokh  |  09:25 AM ET, 07/03/2014 |  Permalink  |  Comments ( 0)

Posted at 02:10 AM ET, 07/03/2014

How “subjective expectations of privacy” became irrelevant

Every student of criminal procedure learns that the Katz test for Fourth Amendment searches is a two-part test. In a new article, I argue that this common wisdom is wrong. Part 2 of 2 on the new article.

By Orin Kerr  |  02:10 AM ET, 07/03/2014 |  Permalink  |  Comments ( 0)

Posted at 07:58 PM ET, 07/02/2014

High school student disciplined for participating in National Day of Silence pro-gay-rights protest

The Eleventh Circuit Court of Appeals allows the student’s First Amendment claim against the principal to continue.

By Eugene Volokh  |  07:58 PM ET, 07/02/2014 |  Permalink  |  Comments ( 0)

Posted at 06:23 PM ET, 07/02/2014

Should ‘I reasonably believed she (or he) wasn’t underage’ be a defense in statutory rape cases?

An interesting debate in a 6-3 (maybe even 5-4) decision of the Texas Court of Criminal Appeals.

By Eugene Volokh  |  06:23 PM ET, 07/02/2014 |  Permalink  |  Comments ( 0)

Posted at 03:31 PM ET, 07/02/2014

[By William Birdthistle:] Remember Salvador!

Tim Howard’s historic goalkeeping saves the U.S. from losing 18-1.

By Prof. William Birdthistle (guest-blogging)  |  03:31 PM ET, 07/02/2014 |  Permalink  |  Comments ( 0)

Posted at 12:25 PM ET, 07/02/2014

Hobby Lobby is decided, but the fights over religious accommodation are not

The Supreme Court’s Hobby Lobby decision did not end conflict over religious accommodation, or even over the contraception mandate.

By Jonathan H. Adler  |  12:25 PM ET, 07/02/2014 |  Permalink  |  Comments ( 0)

Posted at 07:31 AM ET, 07/02/2014

Riley won, but will Riley benefit from it?

The Supreme Court ruled that the government needs a warrant to search a phone. But the defendants who had their phones searched before last week may not get the benefit of the new case. And that includes Riley himself.

By Orin Kerr  |  07:31 AM ET, 07/02/2014 |  Permalink  |  Comments ( 0)

Posted at 05:23 PM ET, 07/01/2014

New York’s highest court strikes down cyber-bullying law

An interesting and likely influential decision, just handed down today.

By Eugene Volokh  |  05:23 PM ET, 07/01/2014 |  Permalink  |  Comments ( 0)

Posted at 02:36 PM ET, 07/01/2014

A partial blogging hiatus

By Ilya Somin  |  02:36 PM ET, 07/01/2014 |  Permalink  |  Comments ( 0)

Posted at 01:51 PM ET, 07/01/2014

Williams v. Johnson: An obscure case will be handled the right way

The Court probably won’t get any credit for this kind of unglamorous, procedural ruling. But it should.

By Will Baude  |  01:51 PM ET, 07/01/2014 |  Permalink  |  Comments ( 0)

Posted at 12:11 PM ET, 07/01/2014

Is RFRA unconstitutional?

Hobby Lobby was rightly decided given RFRA, but I’m not sure that RFRA should be considered valid.

By Sasha Volokh  |  12:11 PM ET, 07/01/2014 |  Permalink  |  Comments ( 0)

Posted at 11:11 AM ET, 07/01/2014

Nomos volume on “Federalism and Subsidiarity”

A recently published interdisciplinary Nomos volume on “Federalism and Subsidiarity,” with contributions by prominent legal scholars and political scientists across the political spectrum.

By Ilya Somin  |  11:11 AM ET, 07/01/2014 |  Permalink  |  Comments ( 0)

Posted at 10:24 AM ET, 07/01/2014

[By Prof. William Birdthistle:] America braces for threat of waffles with a chance of Smurfs

In their first World Cup knock-out match, the U.S. will face all that Belgium can throw at it.

By Prof. William Birdthistle (guest-blogging)  |  10:24 AM ET, 07/01/2014 |  Permalink  |  Comments ( 0)

Posted at 10:20 AM ET, 07/01/2014

“Putting the victim on trial”

The Harvill Richardson case -- in which a shooting victim’s past was wrongly excluded from evidence -- shows why that’s often perfectly proper.

By Eugene Volokh  |  10:20 AM ET, 07/01/2014 |  Permalink  |  Comments ( 0)

Posted at 09:26 AM ET, 07/01/2014

Abood abides

Is the court bluffing?

By Will Baude  |  09:26 AM ET, 07/01/2014 |  Permalink  |  Comments ( 0)

Posted at 09:22 AM ET, 07/01/2014

Climate change is not going back to the Supreme Court (at least not yet)

The Supreme Court declined to hear a Dormant Commerce Clause challenge to California’s climate change regulations, but the issue is likely to reach it eventually.

By Jonathan H. Adler  |  09:22 AM ET, 07/01/2014 |  Permalink  |  Comments ( 0)

 

© 2011 The Washington Post Company