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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] Duty to Retreat from One's Home, When Attacked by a Cohabitant?
Wyoming is one of the few Western states that recognizes a "duty to retreat" -- i.e., provides that people lose their rights to deadly self-defense when they can avoid the threat to life or limb with perfect safety by fleeing. But there's an exceptio...
Volokh Conspiracy
Thursday, February 22, 2018

[Eugene Volokh] "We Are Not Crows" -- and yet ....
From Holley v. Holley, decided a few months ago by the Louisiana Court of Appeals: As to Mr. Holley's objection to relocation, she determined that "the intention of the legislature was the distance to mean traveling distance and not as-the-crow file...
Volokh Conspiracy
Wednesday, February 21, 2018

[Jonathan H. Adler] Can the Trump Administration Ban Bump Stocks?
President Trump apparently wants to ban "bump stocks." Specifically, he has instructed Attorney General Jeff Sessions to have the Department of Justice interpret existing federal law to include bump stocks in the definition of a "machinegun." It may ...
Volokh Conspiracy
Wednesday, February 21, 2018

[Eugene Volokh] The Two Sides of Collective Bargaining: A Way of Looking at the First Amendment Question in Janus
In Janus v. AFSCME, the Supreme Court is considering: Does it violate the First Amendment for a public employer to require employees to pay union agency fees, which will cover the costs of collective bargaining and contract administration? In Abood v...
Volokh Conspiracy
Tuesday, February 20, 2018

[Eugene Volokh] "Should a Federal Court Stand Idly by When a Foreign Arbitral Commission Issues an Order Restricting the Speech of a Private Party?"
An interesting D.C. federal district court decision from last Fall that I just ran across, in Sharp Corp. v. Hisense USA Corp. The facts: [T]wo Asian television manufacturers, Sharp and Hisense, entered into a 2015 licensing agreement under which Hi...
Volokh Conspiracy
Tuesday, February 20, 2018

[Samuel Bray] Church property cases and "neutral principles"
The U.S. Supreme Court has just been asked to review a major church property decision. At issue is who owns the land and buildings of 29 formerly Episcopal parishes in South Carolina. Some of these parishes have had their property for a long time—one...
Volokh Conspiracy
Monday, February 19, 2018

[Jonathan H. Adler] The History of Wakanda
The Black Panther was among the first of my favorite comic heroes. The first comic book I had featuring T'Challa of Wakanda was Avengers #126. Given this I was understandably excited to take my daughter to the movie this weekend (and, like Kurt Loder...
Volokh Conspiracy
Sunday, February 18, 2018

[Jonathan H. Adler] Should We Expect More from Our Elected Officials?
Should our elected officials feel bound by constitutional obligations over-and-above the legal obligations that constrain and channel their conduct in office? Professor Neil Siegel argues the answer is "yes" in a new paper, "Sustaining Collective Sel...
Volokh Conspiracy
Sunday, February 18, 2018

[Jonathan H. Adler] Justice Ginsburg Criticizes Lack of Due Process on Campus
Justice Ruth Bader Ginsburg recently sat down for an extensive interview with Jeffrey Rosen of the National Constitution Center. The Atlantic posted an edited transcript. In the interview, Justice GInsburg spoke about a wide-range of issues, includin...
Volokh Conspiracy
Sunday, February 18, 2018

[Eugene Volokh] The Space Shuttle and Reasonable Doubt
From People v. Van Meter, decided earlier this month by the Colorado Court of Appeals. Van Meter was on parole from two felony aggravated robbery convictions, and was then arrested and prosecuted for possessing a gun while on parole. The prosecutor t...
Volokh Conspiracy
Saturday, February 17, 2018

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