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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] The Year of the Punt, or At Least of the Bunt
Masterpiece Cakeshop, as I wrote when it was decided, left almost all the big questions unanswered (even though it was expected to answer them). Today's two partisan gerrymandering opinions were remanded for further proceedings, with basically no sub...
Volokh Conspiracy
Monday, June 18, 2018

[Eugene Volokh] Supreme Court Will Decide: Does the Excessive Fines Clause Apply to the States?
The Bill of Rights, as ratified in 1791, was generally understood as applying only to the federal government. (It begins with "Congress shall ...," and while that's in the First Amendment, the other amendments were also generally seen as limited to t...
Volokh Conspiracy
Monday, June 18, 2018

[Jonathan H. Adler] Today's Unusual SCOTUS Lineup(s)
This morning the Supreme Court issued opinions in five argued cases. Chavez-Mesa v. United States, concerning whether a judge provided an adequate explanation for a sentence reduction, split the Court 5-3. What's interesting about the case is the lin...
Volokh Conspiracy
Monday, June 18, 2018

[Eugene Volokh] Mistreating Library Book = Contempt of Court
If, that is, the book belongs to the Illinois Supreme Court library; Illinois Supreme Court Rule 33 provides, The librarian of the library of the Supreme Court shall not permit any person except judges of the court to take any book from the library ...
Volokh Conspiracy
Monday, June 18, 2018

[Eugene Volokh] Can Police Arrest Person Carrying Gun Without First Checking If He's Licensed?
From Thursday's Illinois Appellate Court decision in State v. Penister (nonprecedential): Penister [argues that his arrest violated the Fourth Amendment because] his possession of a gun did not give Whitlock reason to believe he had committed any of...
Volokh Conspiracy
Sunday, June 17, 2018

[Eugene Volokh] "Madonna Wishes Herself a 'Happy Father's Day' as a #MomDad"
So reports Tyler O'Neil (PJMedia). Well, Madonna's most well-known son is said to have not quite had a father in the conventional sense .... Of course, look what happened to him. ...
Volokh Conspiracy
Sunday, June 17, 2018

[Ilya Somin] "Enforcing the Law" Doesn't Justify Separating Migrant Children from their Parents
The Trump administration recently adopted a "zero tolerance" policy under which undocumented immigrants apprehended by federal officials are forcibly separated from their children. In April and May alone, almost 2000 children were torn from their pa...
Volokh Conspiracy
Sunday, June 17, 2018

[Eugene Volokh] More on Masterpiece Cakeshop, from Prof. Michael McConnell
Prof. Michael McConnell (Stanford), one of the leading American scholars of the Religion Clauses, wrote this when Masterpiece Cakeshop came down earlier this month, and I wanted to pass this along, especially since the Court is still considering whet...
Volokh Conspiracy
Sunday, June 17, 2018

[Eugene Volokh] Just in Time for National Bourbon Day (June 14), a Bourbon Trademark Case
National Bourbon Day is apparently June 14; and, perhaps or perhaps not entirely coincidentally, the Sixth Circuit yesterday released a bourbon trademark law opinion, Sazerac Brands, LLC v. Peristyle, LLC. It's written by Judge Jeffrey Sutton, who wa...
Volokh Conspiracy
Friday, June 15, 2018

[Eugene Volokh] Religious Freedom and the Sanctity of the Confessional
To my knowledge, all American states have an evidentiary rule under which clergy can generally refuse to testify about confessions, if they believe such confessions to be confidential. (The confessions are often called "penitential communications," t...
Volokh Conspiracy
Friday, June 15, 2018

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