The Case for Creating "Constitutional Small Claims Courts"
Clark Neily's excellent proposal for addressing small, but troubling politice violations of constitutional rights.
Volokh Conspiracy
Study Finds Almost 40 Percent of People in Eight European Nations Would Like to Live "in a World Where Chemical Substances Don't Exist"
Such scientific ignorance is common in th US as well, and can have a harmful influence on government policy.
Has the President been impeached? The Supreme Court may have to decide
DOJ argued that the impeachment vote may affect the resolution of the subpoena issued to Don McGahn
First Amendment Doesn't Protect a Right to Smoke
Just in case you had any doubts about that.
No "Possess[ing]" "Copyrighted Material" When on Supervised Release
Now that's being tough on crime.
Short Circuit: A Roundup of Recent Federal Court Decisions
Census undercounts, jury nullification, and a judicial change of heart.
Kindergarten Bars Boys from Wearing Ear Studs, Parents Sue for Sex Discrimination
The school policy allows girls to wear small earrings, but doesn't allow them for boys.
The Senate should ask the House if the President has been impeached for purposes of Art. I, Sec. 2
A simple communication could resolve any doubts about the status of the President's impeachment
When Does the First Amendment Preempt Negligence Liability?
More on Doe v. Mckesson, the Baton Rouge Black Lives Matter case.
An Impeachment Counterfactual: Could the Senate hold a trial even if the House does not transmit the Articles of Impeachment?
Only the House can define when the President has been impeached but the Senate could deem the President is acquitted due to lack of prosecution
Footnote 3 of Texas v. U.S. should be removed from the final published opinion
There is no reason for a judicial decision to write that the ACA "was enacted as part of a fraud on the American people"
The Fifth Circuit ACA Case: The Good, the Bad, and the Ugly
The plaintiffs' quarrel is with the statute book, not the defendants.
Negligence Claims Brought Against Protest Organizers: More on the Tort Law Side of Doe v. Mckesson,
the Baton Rouge Black Lives Matter case (in which Judge Don Willett has just switched to dissenting, and in which a cert. petition has been filed with the U.S. Supreme Court).
The Weird Litigation Posture of the Doe v. Mckesson / Baton Rouge Black Lives Matter Protest Case
The case, in which Judge Don Willett has just switched to dissenting, should be an easy win for DeRay Mckesson—but on a theory that hadn't been asserted in court.
Instant Analysis of Texas v. U.S. (Obamacare Decision) Part III: Severability
The Fifth Circuit has operationalized Justice Thomas's Murphy concurrence
Crossfire Hurricane: What went wrong at the FBI?
Episode 294 of the Cyberlaw Podcast
Instant Analysis of Texas v. U.S. (Obamacare Decision) Part II: The Merits
The 5th Circuit follows NFIB v. Sebelius: the ACA can no longer be read to offer a choice between buying insurance and paying a penalty.
Impeaching Slow, not Fast
The House may not transmit the articles of impeachment until the Senate trial's procedures are established
Fifth Circuit Sends Obamacare Severability Issue Back to Square One—But Not Quite
The appellate court remanded the most important issue in the case back to the district court. But its instructions will make it difficult for the trial judge to again rule that the entire Affordable Care Act must fall with the individual mandate.
Instant Analysis of Texas v. U.S. (Obamacare Decision) Part I: Standing of Individual Plaintiffs
"The evidentiary basis for this injury is even stronger than it was in NFIB."
BREAKING: Fifth Circuit Declares Individual Mandate Unconstitutional, Punts on Whether Rest of ACA Must Fall (Updated)
As if there wasn't enough going on this week, a federal appellate court issues a significant (and significantly flawed) ruling in the latest Obamacare challenge
Forged Court Order Used to Try to Vanish Online Magazine Article About L.A. Businessman
"Steve Farzam, chief operating officer of the Shore Hotel [in Santa Monica], ... [has] been charged with counterfeiting a Los Angeles County Superior Court seal."
Justice Ginsburg Opines on Biased Senators and President Trump's Knowledge About the Constitution
RBG continues to exercise terrible discretion, even after apologizing to President Trump
Maybe the Status Quo Isn't So Bad? Thoughts on Two Proposals about Law Review Reform from the AALS
Sorting at scale is always going to be hard.
Court Rules Federal Government Flooding of Homes During Hurricane Harvey is a Taking
The decision is significant in itself and has important implications for other cases where the government deliberately damages private property in the process of coping with natural disasters.
Apply now for the Georgetown Originalism Summer Seminar
Learn cutting edge originalism from top scholars and jurists
Happy Saturnalia—2019!
The Volokh Conspiracy tradition of celebrating Saturnalia continues.
On the Timing of Judicial Decisions: The Case of Bowers v. Hardwick
Influencing when a decision is issued can affect the attention it receives.
New Study: Tax E-cigarettes, Increase Smoking
Another empirical study finds a substitution effect between vaping and smoking
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
Impeaching Fast and Slow
Could the House delay voting on the Articles of Impeachment, or vote on them, but decline to transmit them to the House?
