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Judges

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Civil Asset Forfeiture

Judge Threatens to Jail North Carolina Town Officials for Seizing Man's Money, Refusing To Return It

A misdemeanor marijuana charge leads to an attempt to take $17,000.

Scott Shackford | 2.17.2021 12:40 PM

Judges

Mother Has Son Tested for Covid-19, Gets Threatened with Contempt of Court

The latest from Geauga County Judge Timothy Grendell

Jonathan H. Adler |The Volokh Conspiracy | 12.22.2020 11:16 AM

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Amy Coney Barrett

What Should Have Happened at the Amy Coney Barrett Hearings

"This is probably not about persuading each other unless something really dramatic happens," said Sen. Lindsey Graham (R–S.C.)

Austin Bragg and Andrew Heaton | 10.20.2020 10:15 AM

Judiciary

How Big Can the Ninth Circuit Get?

The Judicial Conference is recommending additional judges for what is already the largest

Jonathan H. Adler |The Volokh Conspiracy | 10.18.2020 4:50 PM

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Brickbats

Brickbat: An F for Penmanship

Charles Oliver | 10.1.2020 4:00 AM

Supreme Court

What Sort of Justice Should You Want on the Other Side?

Noah Feldman explains why liberals should want someone like Amy Coney Barrett on the Supreme Court

Jonathan H. Adler |The Volokh Conspiracy | 9.27.2020 5:44 PM

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Supreme Court

It's Official: Trump Nominates Judge Amy Coney Barrett to the Supreme Court

If confirmed, she would cement a strong 6-3 conservative majority.

Billy Binion | 9.26.2020 5:05 PM

Judges

The Dead Can Vote (at least on the Massachusetts Supreme Court)—UPDATED

Chief Justice Ralph Gants may be dead, but that is not stopping him from authoring opinions.

Jonathan H. Adler |The Volokh Conspiracy | 9.24.2020 2:50 PM

Judges

Trump's Actual Record on Judges

A look at the numbers shows that both the President and his critics get it wrong.

Jonathan H. Adler |The Volokh Conspiracy | 9.23.2020 1:57 PM

Judges

Wrong But Not En Banc Worthy—D.C. Circuit Decision

Although some of the court's judges disagree with a recent NLRB-related decision, none sought en banc review.

Jonathan H. Adler |The Volokh Conspiracy | 9.17.2020 2:41 PM

Judges

Younger Judges Appear More Sympathetic to Executive Power

Further evidence the prospect of promotion may influence judicial decision-making

Jonathan H. Adler |The Volokh Conspiracy | 9.17.2020 1:39 PM

Judges

Wrong, But Not En Banc Worthy—2020 Edition

Not every erroneous panel decision needs to be reversed by the full Circuit Court, but was Davenport v. MacLaren such a case?

Jonathan H. Adler |The Volokh Conspiracy | 9.15.2020 9:22 PM

Statutory Interpretation

Judge Amy Coney Barrett's Assorted Canards of Contemporary Legal Analysis: Redux

The Case Western Reserve Law Review has published Judge Barrett's 2019 Sumner Canary Memorial Lecture

Jonathan H. Adler |The Volokh Conspiracy | 9.8.2020 9:38 PM

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Brickbats

Brickbat: Judge Not That Ye Be Not Judged

Charles Oliver | 8.19.2020 4:00 AM

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Criminal Justice

Criminal Justice Divides the 'Conservative' Judiciary

Pundits often speak of the judiciary in terms of liberal or conservative judges issuing liberal or conservative opinions. The reality is far more complicated.

Damon Root | 6.13.2020 6:00 AM

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Coronavirus

Meet the Philly Judge Standing in the Way of Efforts To Stop Coronavirus Spread in Jails

Judge Anne Marie Coyle has rejected every emergency attempt to reduce prison populations.

Scott Shackford | 4.15.2020 1:20 PM

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Law

Judges Fight Over Jury Nullification 

J.D. Tuccille | 3.30.2020 6:00 AM

Judges

The BIA Is Behaving Badly (and Judge Easterbrook Is Not Amused)

In which the Board of Immigration Appeals decides it can ignore appellate court rulings and is nearly held in contempt.

Jonathan H. Adler |The Volokh Conspiracy | 1.24.2020 3:32 PM

Judges

Desperately Smearing Amy Coney Barrett

If you're looking for an accurate (let alone fair-minded) assessment of judicial records, Slate's not the place for you.

Jonathan H. Adler |The Volokh Conspiracy | 1.18.2020 12:32 PM

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Ohio

Why Is the Chief Justice of Ohio's Supreme Court Lobbying Against Sentencing Reforms?

Justice Maureen O'Connor has intervened repeatedly in the legislative process.

Eric Boehm | 12.23.2019 1:40 PM

Supreme Court

On the Timing of Judicial Decisions: The Case of Bowers v. Hardwick

Influencing when a decision is issued can affect the attention it receives.

Jonathan H. Adler |The Volokh Conspiracy | 12.17.2019 9:54 AM

First Amendment

Judge Willett's Change of Heart

Upon reconsideration, Judge Willett splits with his colleagues over whether Black Lives Matter activist can be liable for violent protests

Jonathan H. Adler |The Volokh Conspiracy | 12.16.2019 9:42 PM

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Brickbats

Brickbat: Here Comes the %@!$* Judge

Charles Oliver | 11.20.2019 4:00 AM

Supreme Court

Supreme Court as Superweapon

A response to Epps and Sitaraman.

Stephen Sachs |The Volokh Conspiracy | 11.4.2019 12:30 PM

Originalism

Justice Story on Originalism and Judicial Independence

An old argument against "flexible and changeable interpretation."

Stephen Sachs |The Volokh Conspiracy | 10.22.2019 9:06 AM

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Brickbats

Brickbat: Going Out with a Bang

Charles Oliver | 9.9.2019 4:00 AM

I don't know how I was able to write this blog post given how much my eyes were rolling the entire time.

Protests

Boston Judge Turns Stupid Straight Pride Parade Fighting Into Bizarre Constitutional Drama

An attempt by the district attorney to drop charges against nonviolent protesters was overruled.

Scott Shackford | 9.5.2019 1:50 PM

Judges

March Madness on the Bench

Are judges distracted by the NCAA Basketball Tourney?

Jonathan H. Adler |The Volokh Conspiracy | 5.9.2019 2:32 PM

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Judges

Finding Law

Judges can be expected to find the law, rather than make it.

Stephen Sachs |The Volokh Conspiracy | 4.30.2019 10:22 AM

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Jail

The Majority of an Oklahoma Sheriff's Office Just Quit Over Unsafe Jail Conditions

It's encouraging to see police stand up for inmates' rights.

Joe Setyon | 3.19.2019 10:30 AM

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Neomi Rao

What Can America Expect from New D.C. Circuit Court Judge Neomi Rao?

Reason takes a look.

Zuri Davis | 3.15.2019 9:50 AM

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Law

A Libertarian Litigator Dons the Judge's Robes

Clint Bolick, a co-founder of the Institute for Justice, was for years one of the libertarian movement's most successful trial lawyers.

Damon Root | 2.3.2019 6:00 AM

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Judges

Neomi Rao Was Right About Dwarf Tossing, Dignity, and Consent. She Deserves To Be a Federal Judge.

A defense of Brett Kavanaugh's nominated replacement on the D.C. Circuit.

Shoshana Weissmann | 11.26.2018 5:15 PM

Judges

Some Reluctant Skepticism About the New Law Clerk Hiring Plan

An important post by Professor Aaron Nielson asks whether the new law clerk hiring plan is broken, and worse than no plan at all.

Will Baude |The Volokh Conspiracy | 8.27.2018 10:36 AM

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Censorship

Judge Threatens Censorship After Newspaper Reveals Bureaucratic Errors in Parkland Lead-Up

"If I have to specifically write word for word exactly what you are and are not permitted to print…then I'll do that," the judge said.

Joe Setyon | 8.16.2018 3:50 PM

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Guantanamo

The Guantanamo Defense Lawyers Quit Because They Found Microphones in Their Office Walls

The USS Cole defense team came to believe their meetings with their client were being bugged.

Alec Ward | 3.8.2018 1:10 PM

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Terrorism

In Civilian Court, Terrorist Sentenced After 17 Months; At Guantanamo Tribunal, Still No Trials After 17 Years

And yet we supposedly need Gitmo because civilian courts aren't up to the task.

Alec Ward | 2.14.2018 2:12 PM

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