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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] "Indictment: Man Behind Cyberattacks Was Working for Wichita Lawyer"
The Justice Department reports on this indictment: A Wichita lawyer and a computer software engineer were charged [Tuesday] in a federal indictment alleging they were responsible for cyberattacks on web sites that posted information critical of the ...
Volokh Conspiracy
Friday, July 20, 2018


[Eugene Volokh] The Mismatch Effect: A Danger for Students of All Races
Say that you apply to many schools, including some where other students have much better predictors (chiefly test scores and grades from earlier institutions) than you. And you get in! Maybe it was affirmative action (whether based on race, socioecon...
Volokh Conspiracy
Friday, July 20, 2018


[Jonathan H. Adler] A Bad Argument on Birthright Citizenship
Michael Anton is best known for penning the infamous, pseudonymous "Flight 93 Election" essay justifying conservative support for Donald Trump. After the 2016 election, Anton briefly joined the Trump Administration as a national security advisor. Now...
Volokh Conspiracy
Thursday, July 19, 2018


:@WilliamBaude: Can Unions Be Sued For Janus Claims?
Last month the Supreme Court held in Janus v. AFSCME that it is unconstitutional for the states to require public employees to pay labor unions if they choose not to become members (these payments were called "agency fees"). There has been plenty wri...
Volokh Conspiracy
Thursday, July 19, 2018


[Ilya Somin] Four Blue States File Dubious Lawsuit Against Cap on Federal Tax Deduction for State Tax Payments
I support many of the lawsuits filed by blue states and localities against the federal federal government, such as those seeking to protect "sanctuary cities" against federal coercion and commandeering. But I cannot say the same for the suit recentl...
Volokh Conspiracy
Thursday, July 19, 2018


[Eugene Volokh] Mark Zuckerberg Speaks Out Against Removing Holocaust-Denying Speech
Facebook's Mark Zuckerberg has been getting flak the last couple of days because of his arguments against removing Holocaust-denying speech from Facebook. He was asked in the interview why Facebook wouldn't take down conspiracy theory sites, such as ...
Volokh Conspiracy
Thursday, July 19, 2018


[Gail Heriot] The Department of Education's Obama-Era Initiative on Racial Disparities in School Discipline: Wrong for Students and Teachers, Wrong on the Law (Part 2)
A week or so ago, I posted on the final version of my article (with Alison Somin) entitled The Department of Education's Obama-Era Initiative on Racial Disparities in School Discipline: Wrong for Students and Teachers, Wrong on the Law. As the title ...
Volokh Conspiracy
Thursday, July 19, 2018


[Ilya Somin] California Supreme Court Removes Question on Splitting Up State from November Ballot
Earlier today, the California Supreme Court ordered the removal of a referendum initiative from the state's November ballot, that would have allowed Californians to vote on breaking up the state into three parts. The court issued a unanimous order r...
Volokh Conspiracy
Wednesday, July 18, 2018


[Eugene Volokh] Second Amendment Injunction Against California Ban on Large-Capacity-Magazines Kept in Place by Ninth Circuit
In Duncan v. Becerra, a federal district court had issued a preliminary injunction blocking the enforcement of California's ban on magazines that fit more than 10 rounds, pending a full trial on the merits. Today, the Ninth Circuit upheld this, in a ...
Volokh Conspiracy
Tuesday, July 17, 2018


[David Kopel] Ninth Circuit upholds preliminary injunction against magazine confiscation in California
Today the Ninth Circuit Court of Appeals upheld a federal district count injunction against a California law to confiscate firearms magazines that hold over 10 rounds. The Ninth Circuit's 2-1 opinion is here, and the dissent is here. My analysis of t...
Volokh Conspiracy
Tuesday, July 17, 2018



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