Volokh Conspiracy
No Sealing of Health Care Quality Review Report in Doctor-vs.-Hospital Lawsuit
"Plaintiff would have his allegations litigated in a star chamber with a jury of ordinary citizens presumably barred from discussing the case after their service in a closed courtroom."
SCOTUS Takes a Border Wall Case
Among today's cert grants were a case concerning the border wall and another on the Trump Administration's Migrant Protection Protocols
National Injunction Case Added to the Court's Docket
National injunction deja deja deja vu?
More on the It-Takes-Two-to-Tango Principle
Can't "define and express [your] identity" as your wife's husband, when she choose to identify you as her ex-husband.
Amy Coney Barrett's "Suspension and Delegation"
As a professor, Judge Barrett expressed a skepticism of Executive Power that is uncommon among Republican nominees.
Do Originalists Ignore the Reconstruction Amendments?
The accusation is often made. But it simply isn't true.
How Big Can the Ninth Circuit Get?
The Judicial Conference is recommending additional judges for what is already the largest
Divided Sixth Circuit Upholds Kentucky Abortion Regulations
The Sixth Circuit joins the Eighth Circuit in recognizing the import of Chief Justice Roberts' controlling opinion in June Medical Services
Defendant Says He'd Never Try to Have Nonconsensual Sex; Is Accusation from When He Was 15 Admissible in Response?
Bonus fact: The majority opinion was written by a male judge, joined by three female judges (one of them a former sexual assault prosecutor). The dissent was written by a male judge.
Minnesota Order Banning "False or Defamatory Statements" Limited to Knowingly False And Defamatory Statements
So says the Minnesota Court of Appeals, as to a "harassment restraining order."
Two Important New Books on Knowledge, Bias, and Paternalism
Recent works by longtime intellectual antagonists Cass Sunstein (author of "Too Much Information") and Mario Rizzo and Glen Whitman (authors of "Escaping Paternalism") have a surprising amount of common ground.
Interesting New Title IX Sexual Assault Hearing / Sex Discrimination Opinion
"[P]laintiff has ... made a sufficient showing that defendant has threatened his academic future in violation of his rights to equal treatment regardless of his sex ...."
Justice Kavanaugh asks his former clerk, Assistant SG Rebecca Taibleson, if Justice Scalia, her other former boss, was correct about originalism.
The only answer to that question is "Yes, the boss was right."
Cancelling Dianne Feinstein
Embraced by Lindsey Graham, but not by San Francisco Public Schools
Short Circuit: A Roundup of Recent Federal Court Decisions
Butterflies at the border, bullets in the back, banknotes for the blind, and Bontemps' bulge.
Upcoming Virtual Harvard Kennedy School of Government Event on My Book "Free to Move: Foot Voting, Migration, and Political Freedom"
The event is free and open to the public.
A Thought Experiment: Allow Cameras in the Supreme Court, But Only Admit People from the Public from a Lottery
At this point, I think the protesters are the biggest risk to adding cameras in the Court.
Delegation and Nondelegation at the Founding
A burst of recent scholarship exploring the Originalist case for and against the nondelegation doctrine.
Milo Yiannopoulos Defends Basic Traditions of Journalism
A federal judge makes it clear: "the consumption of alcohol at a party does not vitiate journalistic intent"; hard-drinking reporters are as covered by the journalist's privilege as the abstemious. Other journalistic traditions that aren't disqualifying: bias, and bearing grudges.
A Way to Determine Whether the NY Post has a Trove of Hunter Biden's Emails
Some of Hunter's more innocuous emails might be checked with recipients.
The Fifth Rule of Court Packing Depends How Republicans Handle it.
Biden: "It depends on how they handle this."
Biden Partly Clarifies Position on Court-Packing—And Perhaps Opens Door to Possible Deal
Republican senators should leap at this opportunity - though, sadly, I doubt they will.
