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Volokh Conspiracy

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The Volokh Conspiracy is a group blog. Most authors are law professors talking about what's in the news rega [Read More]

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[Eugene Volokh] Secret Gag Order on Lawyers in Ohio Capital Murder Trial—Supported by Secret Arguments
Kind of like with the turtles, it's seals all the way down. [UPDATE: The local publicity appears to have led the court to unseal the gag order -- so now we know what people aren't allowed to talk about, though they're still not allowed to talk about ...
Volokh Conspiracy
Thursday, October 18, 2018

[Orin Kerr] How Young is Too Young to Be a Federal Court of Appeals Judge?
Experience versus attitude.Yesterday, the Senate Judiciary Committee held a hearing on the nomination of Allison Jones Rushing, a nominee to the U.S. Court of Appeals for the Fourth Circuit. Rushing is 36 years old. If confirmed, she would be the you...
Volokh Conspiracy
Thursday, October 18, 2018

[Stewart Baker] It's a Bird, It's a Plane, It's … Doug?
Episode 235 of the Cyberlaw PodcastToday we interview Doug, the chief legal officer of GCHQ, the British equivalent of NSA. It's the first time we've interviewed someone whose full identify is classified. Out of millions of possible pseudonyms, he's ...
Volokh Conspiracy
Monday, October 15, 2018

[Ilya Somin] Don't Take Too Much Comfort From Surveys Showing Widespread Opposition to "Political Correctness"
Many who oppose "political correctness" also support a variety of specific types of censorship. Commentators such as Harvard political scientist Yascha Mounk and Reason's Robby Soave have hailed a recent study indicating that 80% of Americans oppose ...
Volokh Conspiracy
Saturday, October 13, 2018

[Ilya Somin] Can a Constitutional Amendment Forestall the Threat of Court-Packing?
Jim Lindgren proposes a constitutional amendment banning court-packing. I'm all for it. But it can only pass if liberal Democrats get some reciprocal concession to support it. In previous posts, I explained why there is a real danger that we might se...
Volokh Conspiracy
Friday, October 12, 2018

[John K. Ross] Short Circuit: A Roundup of Recent Federal Court Decisions
Public defender shortfalls, warrantless rental inspections, and juveniles in solitary confinement.Please enjoy the latest edition of Short Circuit, a weekly feature from the Institute for Justice. New on the podcast: Sciencing the heck out of Auer de...
Volokh Conspiracy
Friday, October 12, 2018

[Jim Lindgren] Proposed Constitutional Amendment Against Packing the Supreme Court
Ilya Somin raises the issue of packing the Supreme Court. To foreclose that possibility, I am proposing a constitutional amendment to prevent Congress from passing a statute to pack the US Supreme Court with more than nine members. If one party gains...
Volokh Conspiracy
Friday, October 12, 2018

[Orin Kerr] Amicus Brief on Burdens of Proof for Compelled Decryption
The burden of proof matters, and it's an issue of first impression in appellate courts.I recently posted a draft article on the Fifth Amendment and compelled entering of passwords: Compelled Decryption and the Privilege Against Self-Incrimination. My...
Volokh Conspiracy
Thursday, October 11, 2018

[Dale Carpenter] U.K. Supreme Court: Baker Doesn't Have to Place Pro-Gay Marriage Message on Cake
But the ruling isn't based on free speech or religious libertyIn Lee v. Ashers Baking Company, decided yesterday, the United Kingdom Supreme Court concluded that a baker could not be required to write the words "Support Gay Marriage" in icing on a ca...
Volokh Conspiracy
Thursday, October 11, 2018

[Eugene Volokh] Quebec High Court Upholds Litigants' Rights to Wear Religious Headgear in Court
Judges may not "rely on the neutrality of the courts alone as a justification for preventing litigants from accessing a courtroom simply because they are expressing sincerely held religious beliefs."Rania El-Alloul's car was impounded by Quebec autho...
Volokh Conspiracy
Thursday, October 11, 2018

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