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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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Latest Posts:

[Ilya Somin] The Declaration of Independence and the Case for a Polity Based on Universal Principles
Last July 4, I put up a post on the universalist principles of the Declaration of independence, which stand in sharp contrast to the ethnic nationalism that underpins most modern independence movements, and the zero-sum identity politics that have b...
The Volokh Conspiracy
Wednesday, July 4, 2018

[Randy Barnett] What the Declaration of Independence Said and Meant
The Declaration of Independence used to be read aloud at public gatherings every Fourth of July. Today, while all Americans have heard of it, all too few have read more than its second sentence. Yet the Declaration shows the natural rights foundation...
The Volokh Conspiracy
Wednesday, July 4, 2018

[David Kopel] The Colorado Constitution and the eternal truths of the Declaration of Independence
On July 4, 1876, the most exuberant celebrations of the centennial of American independence were held in Colorado. The people had just ratified a state constitution in a landslide; soon, President Grant would proclaim Colorado to be the 38th state. T...
The Volokh Conspiracy
Wednesday, July 4, 2018

[David Kopel] Excessive Fines Clause and corporations
In a Colorado Supreme Court brief I filed earlier this week, the Cato Institute and the Independence Institute argue for strict application of the Excessive Fines Clause of the Eighth Amendment. According to the brief, there is no loophole that would...
The Volokh Conspiracy
Tuesday, July 3, 2018

[Ilya Somin] The Case Against Court-Packing Revisited
The retirement of Justice Anthony Kennedy has stimulated renewed liberal interest in "court packing" - the idea of increasing the number of Supreme Court justices in order to get a majority more favorable to their views. Many on the left fear that t...
The Volokh Conspiracy
Tuesday, July 3, 2018

[Stewart Baker] Building an international "potluck" cyber coalition?
In this episode I interview Duncan Hollis, another Steptoe alumnus patrolling the intersection of international law and cybersecurity. With Matt Waxman, Duncan has written an essay on why the US should make the Proliferation Security Initiative (PSI)...
The Volokh Conspiracy
Monday, July 2, 2018

[David Kopel] Presidential electors can vote with discretion
Under the U.S. Constitution, presidential electors are free to vote as they choose, and cannot be controlled by the states. So argues an amicus brief that Rob Natelson and I filed in the 10th Circuit last week. The brief focuses on the original under...
The Volokh Conspiracy
Monday, July 2, 2018

[Eugene Volokh] Iowa Supreme Court Follows Roe v. Wade (by a 5-2 Vote) in Interpreting Iowa Constitution
The case is yesterday's Planned Parenthood v. Reynolds, which strikes down a 72-hour waiting period requirement; the court relies on the Iowa Constitution's Due Process Clause and also its Equal Protection Clause. Since this is a state court interpre...
The Volokh Conspiracy
Saturday, June 30, 2018

[Eugene Volokh] Qualified Immunity in State Constitutional Lawsuits
Many of our readers were interested in Joanna Schwartz's recent posts on rethinking qualified immunity, so I thought I'd note that yesterday the Iowa Supreme Court considered the closely related question of qualified immunity in state constitutional ...
The Volokh Conspiracy
Saturday, June 30, 2018

[David E. Bernstein] Prevailing Wage Legislation and the Continuing Significance of Race
My new article, just published in the Notre Dame Journal of Legislation, tackles the controversy over whether laws that require government construction contractors to pay the prevailing wage have a racist history, and whether they continue to have di...
The Volokh Conspiracy
Saturday, June 30, 2018

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