The Tort of Loss of Sepulcher
I'll bet you never studied this (at least under this name) in your 1L Torts class.
Volokh Conspiracy
Texas Court Rejects Once-Suspended Doctor's Lawsuit Over Reporting of the Suspension
Dr. Calvin Day had claimed that describing his suspension as based on "unprofessional conduct" was libelous. (He had also earlier sought to get dismissed criminal charges expunged, and tried to bind local news outlets to the expungement order.) He lost, and was ordered to pay over $80,000 in attorney's fees.
City May Not Bargain for Certain Speech Restrictions When Settling Lawsuits Against Police Department
The First Amendment makes such waivers of plaintiff's free speech rights unenforceable.
The Injustice of Demanding that Migrants Go Back and "Fix their Own Countries"
Trump's recent bigoted tweet is an opportunity to highlight the flaws of this oft-heard, but weak, argument.
New Symposium Piece About Cross-Country Innovation and IP
We discuss the parallels between the U.S., Japan, and China, and the possible future
Summer Reading: The Life (and Times) of Frederick Law Olmsted
A wonderful bio of perhaps the most influential American whose name most people don't know
Why We Shouldn't Treat Survivors and Victims as Authorities on Policy Issues
The dispute over Harvard's decision to rescind the admission of Parkland shooting survivor/gun rights activist Kyle Kashuv should remind us of the reasons why we should not have given any special status to his views in the first place. The same goes for most others in similar situations.
The Court Swims in Political Seas
Constitutional law is made by a politically constructed institution
Is There an RBA (Roberts-Breyer-Alito) Axis on SCOTUS?
These three justices all share a pragmatic streak and they stuck together in three of four decisions decided today.
Is the Chevron Doctrine Really Such a Problem?
Concern about Chevron Deference Would Be Better Focused on Delegation
Appellate Court Upholds Constitutionality of Federal Hate Crimes Act Conviction Based on the Commerce Clause
The decision is a complicated ruling that potentially sets a dangerous precedent for the scope of federal power under the Constitution.
Vermont Supreme Court Reads Revenge Porn Law Narrowly
Alice sends nude picture to her ex, Bob. Bob's new girlfriend (or maybe would-be girlfriend) Carol gets it and posts it online. Carol wouldn't be guilty under the state revenge porn statute, the court rules.
Short Circuit: A Roundup of Recent Federal Court Decisions
Prison brunch, gaslighting, and nonconsensual neonatal blood samples.
No Take-Backs, No Do-Overs, No Data Replevin
A lawyer caught on tape criticizing his client (a judge), in the making of a documentary about the prosecution of rapper Meek Mill.
"Photoshop the Change You Want to See in the World"
A funny line from an interesting story about a photoshopped photograph in GQ, "more a cheapfake than a deepfake."
No Product Liability for Risk Assessment Tool Used in Deciding Whether to Release Arrestees Before Trial
So a federal district court held Tuesday.
"Biden Rips Off Avenatti with 'Let's Make America America Again' Slogan"
Except that the phrase isn't originally Avenatti's -- it had been used by Ted Kennedy, Anita Hill, Rick Santorum, and (as "Let America be America again") by Langston Hughes in 1935.
Why the Arkansas Law Aimed at Boycotts of Israel Is Generally Constitutional, Part II
Prof. Michael Dorf, who co-signed an amicus brief with me on this subject, adds more in response to an exchange with a law professor on the other side.
New article, "Justice Kennedy and the Counter-Majoritarian Difficulty"
A symposium piece on the event of the Justice's retirement.
Legal Scholars' Letter on Initiating a Congressional Lawsuit to End Illegal US Role in the Yemen War
A letter signed by a wide range of scholars with different political and jurisprudential views urges Congress to sue to end illegal US involvement in the Yemen conflict.
Knife Ban and Vagueness Case at Supreme Court Conference
New York City continues to prosecute people for ordinary folding knives
Does Letting Witness Testify Wearing Partial Veil Violate the Confrontation Clause?
Depends on how much of the face it covers, the California Court of Appeal seems to suggest.
State May Vaccinate Children in Its Custody, Even Over Parents' Objection
So a New Jersey appellate court held today.
Interesting Vagueness Case That the Court Is Being Asked to Hear
The underlying subject matter in Copeland v. Vance is knives, and a New York law banning "gravity knives," but the legal issue is what must be shown for a facial vagueness challenge to a criminal statute.
"Call me a fascist again and I'll have you censored all over the world."
Episode 267 of the Cyberlaw Podcast
Justice Stevens Admits Error in the Kelo Case—but Also Doubles Down on the Bottom Line
In his recent memoir, he admits he seriously misinterpreted precedent in one of his most controversial decisions, but maintains he still got the result right.
Short Circuit: A Roundup Recent Federal Court Decisions
Gluten sensitivity, rectal probes, and troubling electrical towers.
A Round-Up of Posts in the Volokh Conspiracy Symposium on "Our American Story: The Search for a New National Narrative"
A listing with links to all the posts in the series.
Originalism and the Law of the Past
Steve Sachs and I defend originalism against charges of "law office history."
May the House of Representatives Appeal Dismissal of Criminal Charges, When the Justice Department Doesn't Appeal?
From Prof. Jonathan Nash (Emory), an expert on Congressional standing.
Washington Court Reaffirms That Florists Must Serve Same-Sex Weddings
The U.S. Supreme Court had sent the case back down to be considered in light of the (narrow) Masterpiece Cakeshop decision.
An American Community
The Eighth post in the Volokh Conspiracy symposium on "Our American Story: The Search for a Shared National Narrative" (ed. by Joshua Claybourn).
Forty Years in America
Today marks the 40th anniversary of the Somin family's arrival in America.
Foot-Voting Nation
The seventh post in the Volokh Conspiracy symposium on "Our American Story: The Search for a Shared National Narrative" (ed. by Joshua Claybourn).
Why the Arkansas Law Aimed at Boycotts of Israel Is Generally Constitutional
Here's an amicus brief so arguing, signed by Profs. Michael C. Dorf (Cornell) and Andrew M. Koppelman (Northwestern) -- two leading liberal First Amendment scholars -- and me.
Perils of "Democratic Socialism"
The seemingly new version of socialism advocated by many on the left today has all too many flaws in common with old kind.
The Declension Narrative
The sixth post in the Volokh Conspiracy symposium on "Our American Story: The Search for a Shared National Narrative" (ed. by Joshua Claybourn).
A modest proposal for countering Russian election interference
Jonathan Swift meets Vladimir Putin
