What Constitutional Lawyers can Learn from Spiderman
Constitutional law could be improved by taking account of the principle that "with great power, comes great responsibility."
Volokh Conspiracy
Short Circuit: A Roundup of Recent Federal Court Decisions
Civil disgorgement, mild chastisement, and a Third Amendment.
Environmental Protection Agency
Reforming Environmental Policy: Zycher's Proposal and My Response
A discussion on how to reform federal environmental policy.
Judges Need Not Recuse Themselves Just Because They Are Facebook "Friends" with a Lawyer
So holds the Florida Supreme Court (by a 4-3 vote).
N.Y. Appellate Court Reverses Injunction Against Online Tabloid's Publishing "Images Depicting … Lynching in Association with Plaintiff"
The latest in the Brummer v. Wey (TheBlot) litigation, brought by Prof. Christopher Brummer, a former Obama nominee for the Commodity Futures Trading Commission.
The Meaning of Constitutional Meaning
The People of New Hampshire have spoken! But what have they said?
Is Originalism a Theory? Is Living Constitutionalism?
Legal scholar Eric Segall argues originalism doesn't qualify as a constitutional theory because originalists disagree on too many things. His case is overstated. But if it's correct, the same criticism applies to living constitutionalism.
Checks and Balances
Conservative and libertarian lawyers are joining together to speak out in defense of constitutional governance, traditional legal norms, and the rule of law.
Neomi Rao Is Indeed a First-Rate Pick for the D.C. Circuit
Jonathan beat me to posting about this, but I agree entirely with his post.
Neomi Rao for the D.C. Circuit
President Trump announces a superlative pick for to replace Brett Kavanaugh on the U.S. Court of Appeals for the D.C. Circuit
My Review of "Property and Human Flourishing"
A link to my review of an important new book on property rights by Cornell law Professor Gregory Alexander.
"Out: The United States of America; In: The State University of America"
A funny line from David Burge (iowahawkblog) about Rep.-Elect Ocasio-Cortez joining "youth activist" sit-in in Nancy Pelosi's office.
Is a Categorical Denial of Bail for Accused Sex Offenders Constitutional?
My co-authored amicus brief urges the Supreme Court to review the issue of whether Arizona can deny bail to accused sex offenders where "proof" of sexual assault "is evident or the presumption great."
N.H. Constitution Now Protects "Right to Live Free from Governmental Intrusion in Private or Personal Information"
But what does that mean? Readers, tell me what you think, and how it fits with your general theory of constitutional interpretation (e.g., textualism, originalism, etc.).
Right to Wear T-Shirts That Depict or Mention Guns
... extends to public high school students, holds a federal judge in Wisconsin.
In Defense of "Designer Babies"
Why we should not let fears about inequality stand in the way of technological progress that could potentially make the next generation healthier, happier, and smarter.
Forged U.K. Court Order Aimed at Vanishing Newspaper Article About English Businessman Mason Soiza
So reports the Times of London, which was the target of the purported order.
Libertarian Critiques of Democracy Can't be Refuted by Showing that it's Better than Dictatorship
Democracy is clearly superior to despotism. But libertarians are still right to worry about voter ignorance and advocate tighter constraints on government power.
Who Is Lawfully the Attorney General Right Now?
Why first principles suggest that Matthew Whitaker's acting appointment is invalid, but precedent and practice might suggest the opposite.
Lawsuit Challenging New Jersey Ban on Distributing "Digital Instructions" for 3D Printing of Guns
An interesting motion for a temporary restraining order, arguing based on the First Amendment, the dormant Commerce Clause, 47 U.S.C. § 230, and more.
Compelled Subsidies and the First Amendment
Why both the dissent and majority in Janus were wrong, and what the next lawsuits may look like.
Short Circuit: A Roundup of Recent Federal Court Decisions
Dinosaur mortal combat, the hose treatment, and the great high school impostor.
Does Living Constitutionalism Lead to "Dying Constitutionalism"?
Living constitutionalists argue that their methodology allows us to improve constitutional law over time. But what if it actually makes it worse? Legal scholar Ernest Young raises that very question in an important new article.
More States Pass Constitutional Amendments Protecting Crime Victims' Rights
On Tuesday, voters in six states approved Crime Victims' Rights Amendments, continuing a long-term trend towards expanding the crime victim's role in the criminal justice process
Life Imitates the Volokh Conspiracy
Donald Trump says exactly the wrong thing in response to a question about anti-Semitism, mainstream Jew-haters Jew-hate, and a new study shows that bigotry has declined under Trump.
Three Steps Forward for Marijuana Legalization
Democratic control of the House, the passage of marijuana legalization referenda in three states, and the removal of Jeff Sessions presage a brighter future for legalized pot.
Partisan Bias, Motivated Reasoning, and the Debate Over the Kavanaugh Nomination
The debate over the sexual assault accusations against Brett Kavanaugh is a striking example of partisan bias at work.
Minnesota Star Tribune Seeking to Unseal Rep. Keith Ellison's Divorce Records
A conservative publication had already filed such a motion; Ellison is the candidate for Minnesota Attorney General, and Deputy Chair of the Democratic National Committee.
Why We Shouldn't "Just Enforce the Law"
The case of a woman who may be prosecuted for sheltering animals during Hurricane Florence highlights some reasons why it is often wrong to enforce the law.
Short Circuit: A Roundup of Recent Federal Court Decisions
Sacred pachyderms, boating while Latino, and police misconduct insurance.
Criminal Libel Prosecution—Under a Statute Struck Down 30 Years Before
A woman's case against the defendants who arranged the prosecution (a police department captain, who was her ex-husband and the target of her speech, and his friend who was a police investigator) can go forward.
Birth Mother Ordered Not to Post Photo of Deceased Adopted Child
When she did post such a photo, she was arrested and prosecuted -- a remarkable case from two years ago, which I just learned about.
Government Boycotts Based on Companies' (and Their Employees') Speech
More on their unconstitutionality.
"The Schoolhouse Gate": Gavin Grimm and the Future of Constitutional Law in Public Schools
The Supreme Court has not resolved transgender students' rights to access restrooms-but it won't stay that way for long.
No, Government Boycotts of Nike Aren't Constitutional
The government may not discriminate against businesses because of the political views the business (or its spokesman) has expressed.
"The Schoolhouse Gate": Public Schools, Unauthorized Immigrants, and the Overlooked Import of Plyler v. Doe
The 1982 decision prevented a Texas measure from becoming dominant, thus ensuring access to school for undocumented minors throughout the nation.
On the Relationship Between "Liberalism" and Racism
Liberal ideas can result in racism, but not for the reasons leftist scholars have posited.
"The Schoolhouse Gate": SCOTUS Strikes a Mighty Blow to Student Rights
A 1977 opinion allowed public school educators to strike students as punishment for infractions, and the archaic practice persists today.
Interstate Sovereign Immunity and Why the Supreme Court Should Leave It Alone Right Now
My amicus brief with Stephen Sachs in Franchise Tax Board v. Hyatt
