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The Volokh Conspiracy

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The Volokh Conspiracy is a weblog which mostly covers United States legal and political issues, generally from [Read More]

Categories: Politics | Public Policy

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[Jonathan H. Adler] A federal appellate judge's take on the ‘court-packing' proposal
Progressive legal scholars and commentators have been harshly critical of a proposal by Northwestern law professor Steven Calabresi and attorney Shams Hirji to expand the federal judiciary in order to address rising caseloads and "undo the judicial l...
The Volokh Conspiracy
Friday, December 1, 2017

[David Post] More Volokh Conspiracy holiday gifts!
Just a brief note to add a suggestion or two to Ilya Somin's list of books by Volokh Conspiracy authors that could grace your holiday gift pile. While I'd be delighted were any of you to choose my book on Jefferson and the Internet for your holiday g...
The Volokh Conspiracy
Thursday, November 30, 2017

:@WilliamBaude: Thoughts on property and positive law after the Carpenter oral argument
Justice Neil Gorsuch seems to have surprised and concerned some observers during yesterday's oral arguments in Carpenter v. United States. He came out with a number of questions quite skeptical of the government's position, but focusing on reasons th...
The Volokh Conspiracy
Thursday, November 30, 2017

[Eugene Volokh] Ban on speech ‘about a person' that negligently causes ‘significant mental suffering, anxiety or alarm' struck down
Illinois "stalking" and "cyber-stalking" statutes criminalize (among other things), "knowingly engag[ing] in [2 more or acts] directed at a specific person," including "communicat[ing] to or about" a person, when the communicator "knows or should kno...
The Volokh Conspiracy
Thursday, November 30, 2017

[Eugene Volokh] A constitutional right to discriminate?
When is there a constitutional right to discriminate, whether under the free speech clause, free exercise clause, the right to intimate association, or otherwise? The Supreme Court will likely confront that question in the Masterpiece Cakeshop case, ...
The Volokh Conspiracy
Wednesday, November 29, 2017

[Eugene Volokh] Plaintiff gets judgment against anonymous speaker — should the court unmask the speaker?
That's the issue in today's U.S. Court of Appeals for the 6th Circuit decision in Signature Management Team, LLC v. Doe. The question of whether such a "John Doe" defendant should be unmasked usually arises before judgment, while the case is pending;...
The Volokh Conspiracy
Tuesday, November 28, 2017

[Eugene Volokh] Super double-secret takedown injunction
My research on Internet libel takedown orders has profited tremendously from the Lumen Database (formerly, a website to which Google and others archive takedown requests. I've seen a couple of orders, though, that purport to bar ...
The Volokh Conspiracy
Tuesday, November 28, 2017

[Eugene Volokh] Ohio appellate court: Ban on firearms in restraining order may violate Second Amendment
Many civil protection orders, especially in domestic violence cases, ban the target from possessing guns. Courts generally uphold these as permissible restrictions, at least when the order is based on a finding that the target had committed a violent...
The Volokh Conspiracy
Tuesday, November 28, 2017

[Orin Kerr] One law professor's overview of the confusing net neutrality debate
I've remained rationally ignorant over the debate on net neutrality, as it's not in my academic field. But with net neutrality being in the news a lot recently, I took to Twitter to ask if there were any good explainers or debates on the topic that g...
The Volokh Conspiracy
Tuesday, November 28, 2017

[Ilya Somin] Volokh Conspiracy holiday gifts - 2017
The 2017 holiday season is now upon us! And if you are looking for possible gifts for regular Volokh Conspiracy readers in your life, what could better than books by VC bloggers? Among my favorite books by VC authors are Randy Barnett's Restoring the...
The Volokh Conspiracy
Tuesday, November 28, 2017

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