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.
The First Amendment makes such waivers of plaintiff's free speech rights unenforceable.
Trump's recent bigoted tweet is an opportunity to highlight the flaws of this oft-heard, but weak, argument.
We discuss the parallels between the U.S., Japan, and China, and the possible future
A wonderful bio of perhaps the most influential American whose name most people don't know
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.
Constitutional law is made by a politically constructed institution
These three justices all share a pragmatic streak and they stuck together in three of four decisions decided today.
Concern about Chevron Deference Would Be Better Focused on Delegation
The decision is a complicated ruling that potentially sets a dangerous precedent for the scope of federal power under the Constitution.
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.
Prison brunch, gaslighting, and nonconsensual neonatal blood samples.
A lawyer caught on tape criticizing his client (a judge), in the making of a documentary about the prosecution of rapper Meek Mill.
A funny line from an interesting story about a photoshopped photograph in GQ, "more a cheapfake than a deepfake."
So a federal district court held Tuesday.
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.
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.
A symposium piece on the event of the Justice's retirement.
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.
New York City continues to prosecute people for ordinary folding knives
Depends on how much of the face it covers, the California Court of Appeal seems to suggest.
So a New Jersey appellate court held today.
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.
Episode 267 of the Cyberlaw Podcast
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.
Gluten sensitivity, rectal probes, and troubling electrical towers.
A listing with links to all the posts in the series.
Steve Sachs and I defend originalism against charges of "law office history."
From Prof. Jonathan Nash (Emory), an expert on Congressional standing.
The U.S. Supreme Court had sent the case back down to be considered in light of the (narrow) Masterpiece Cakeshop decision.
The Eighth post in the Volokh Conspiracy symposium on "Our American Story: The Search for a Shared National Narrative" (ed. by Joshua Claybourn).
Today marks the 40th anniversary of the Somin family's arrival in America.
The seventh post in the Volokh Conspiracy symposium on "Our American Story: The Search for a Shared National Narrative" (ed. by Joshua Claybourn).
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.
The seemingly new version of socialism advocated by many on the left today has all too many flaws in common with old kind.
The sixth post in the Volokh Conspiracy symposium on "Our American Story: The Search for a Shared National Narrative" (ed. by Joshua Claybourn).
Jonathan Swift meets Vladimir Putin
The fifth post in the Volokh Conspiracy symposium on "Our American Story: The Search for a Shared National Narrative" (ed. by Joshua Claybourn).
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