Volokh Conspiracy
It's Just Like Saying the N***** Word
The flag of those who supported the dissolution of the Union.
Kansas Knife Statute Held Unconstitutionally Vague
The law banned convicted felons from possessing "a dagger, dirk, switchblade, stiletto, straight-edged razor or any other dangerous or deadly cutting instrument of like character"—"It is the very overbreadth of such laws that renders them impermissibly vague."
The Case for Replacing the Bar Exam With "Diploma Privilege"
The Covid pandemic strengthens the case for abolishing a requirement that should never have been imposed in the first place.
What Explains Why Homicides Are Increasing Significantly Across the Country Since Late May?
A "Minneapolis effect" from lack of policing is a possible explanation for the startling 37% increase in murders in major cities in recent weeks.
New in NRO: Gorsuch and Kavanaugh Declare Their Independence from Trump
In the tax return cases, the Trump Appointees "managed to separate themselves from this president but carefully guarded presidential authority for decades to come."
The Trump Administration Begins DACA Rescission 3.0, And Moots All Pending Challenges to the 2017 Dukes Memorandum and the 2018 Nielsen Memorandum
DHS Secretary Wolf Withdrew the 2017 Dukes Memorandum and the 2018 Nielsen Memorandum. Attorney General Barr withdrew the 2014 OLC Opinion on DAPA and Sessions 2017 Letter to Dukes.
Leaks From the Supreme Court, Part II: Justice Gorsuch Look Decisive and In Control
Yesterday was pro-Chief Justice Roberts day on CNN. Today is pro-Justice Gorsuch day. Justice Kagan is lurking in the background.
E-Mails to Sen. McConnell Found Not to Be Criminally Threatening
"Weiss's comments were also steeped in 'rage and frustration,' and they were indisputably violent. Nonetheless, read in context, the statements predicted that other people would hurt Senator McConnell, not that Weiss would."
Harassing E-Mail to Sen. McConnell Can't Be Punished as "Speech Integral to Criminal Conduct"
"The First Amendment limits Congress; Congress does not limit the First Amendment."
Laws Protecting Private Employees' Speech and Political Activity Against Employer Retaliation: Limited to Signing Petitions or Contributing to Campaigns
Arizona, D.C., Georgia, Iowa, Minnesota, Missouri, Ohio, Oregon, Washington; Louisiana, Massachusetts, Oregon; possibly Hawaii, Idaho, Kentucky, Tennessee, West Virginia, Wyoming, Guam.
Upcoming Cato Institute Virtual Book Forum on my New Book "Free to Move: Foot Voting, Migration, and Political Freedom"
The event will be held on August 13, and is free and open to the public.
How Have Judges Responded To The Press?
Chief Justice Marshall wrote pseudonymous editorials after McCulloch v. Maryland. Justice Stewart wrote a letter to the editor of the WSJ after Jones v. Alfred H. Mayer Company.
What Have You Been Reading? Listening To? Watching?
Post your recommendations here.
May Judges "Participate in Marches, Demonstrations, Vigils, [and] Protests"?
The Indiana Commission on Judicial Qualifications opines.
More Leaks From The Supreme Court, All Of Which Make Roberts Look Powerful
Why are "multiple sources familiar with the inner workings of the court" talking to the press?
Libel Lawsuit by Trump Supporter (and Sanctuary-State Opponent) Roslyn La Liberte Against MSNBC's Joy Reid Can Go Forward
So a Second Circuit panel just held.
Elementary School Geography Bee Cheating Scandal Leads to Litigation
Jury finds school defendants liable for intentional infliction of emotional distress on father, in part because they publicly accused his children (apparently wrongly) of cheating, but awards him no damages.
New draft article: "The Questionable Objectivity of Fourth Amendment Law"
Forthcoming in the Texas Law Review.
Foie Gras Could Be Shipped Again to California,
so long as it's shipped to California by an out-of-state seller (and certain other conditions are met).
18-to-20-Year-Olds Have a Right to Buy Handguns
So holds a Virginia state judge under the Virginia Constitution, concluding that the Virginia background check requirement for private sales therefore can't be applied to 18-to-20-year-olds.
Government Rescinds July 6 Directive on Student Visa Rules
Online-only and hybrid students' visa status safe (at least for now)
Justice Breyer made it impossible for Congress to impeach territorial officers for accepting bribes
The unintended consequences of not reading the Constitution’s “office”- and “officer”-language intratextually.
Conviction of 17-Year-Old Girl for Threatening Her Mother Reversed
"The record shows nothing more than odious expressions of frustration."
Justice Fields's Docket Book (October Term 1885)
Yick Wo v. Hopkins and Presser v. Illinois were decided that term.
FitzGibbon v. Radack Settlement
Noted political publicist Trevor FitzGibbon (who had represented Julian Assange) sued whistleblower lawyer Jesselyn Radack (who had represented Edward Snowden) -- a second time; now there's a second settlement.
Seventeen More States Sue the Trump Administration Over Student Visa Rules Change
Following in the footsteps of California and Harvard/MIT
Second Circuit Denies En Banc Reconsideration of Important Sanctuary Cities Case
The ruling is at odds with decisions by four other circuits and could be headed to the Supreme Court - unless Biden wins the election and reverses administration policy.
California Challenges Changes to Student Visa Rules
The arguments run parallel to those in the Harvard/MIT lawsuit
Interesting Entrapment Case
"Using a bait-and-switch tactic, a detective posing as [eighteen-year-old] Amber chatted and flirted with DeMare online and via text message for four days as an adult before revealing on the fifth day that she was actually a minor."
Oregon Law Punishes People for Calling the Police, If a Court Finds They Had a Bad Motive —
even if there's nothing at all false in the call.
The 16 Leading Cases from OT 2019
All 16 are now ready for the Barnett/Blackman supplement.
