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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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[Orin Kerr] New Draft Article: "Implementing Carpenter"
From my forthcoming book, The Digital Fourth Amendment.I recently posted a new draft article, "Implementing Carpenter," on the Supreme Court's blockbuster June 2018 decision in Carpenter v. United States. The article consists of two draft chapters of...
Volokh Conspiracy
Monday, December 17, 2018

[Eugene Volokh] Understanding the New Obamacare Decision, Texas v. United States: Part II
[Part of a continuing series of guest posts by Prof. Josh Blackman (South Texas College of Law). -EV]Part I of this series placed Texas v. U.S. in the broader context of the eight years of Obamacare litigation. This second installment will analyze th...
Volokh Conspiracy
Monday, December 17, 2018

[Orin Kerr] Concurring Opinions Signs Off
The once-great group law blog is ending its run.Concurring Opinions, one of the popular general law professor group blogs that I read daily for years, has decided to close up shop. This isn't a big surprise, as the once-vibrant group blog hadn't had ...
Volokh Conspiracy
Sunday, December 16, 2018

[Josh Blackman] Understanding the New Obamacare Decision, Texas v. United States: Part I
[A guest-post by Prof. Josh Blackman (South Texas College of Law), a noted expert on Obamacare-related litigation. -EV]Recently a federal district court found that the Affordable Care Act was unconstitutional. The reaction was swift and brutal. One p...
Volokh Conspiracy
Saturday, December 15, 2018

[Samuel Bray] A "National Declaratory Judgment" in the ACA Suit?
What is the scope of the remedy in Texas v. United States?For some reason, everybody is talking about severability. (Which means it is a good day, like every day, to read Kevin Walsh.) In addition to all the discussion of the merits and severability ...
Volokh Conspiracy
Saturday, December 15, 2018

[Ilya Somin] Thoughts on Today's Federal Court Decision Against Obamacare
The judge was right to conclude that the individual health insurance mandate is now unconstitutional, but wrong to rule that the rest of the ACA is now unlawful because it can't be severed from the largely toothless mandate left in place under the 20...
Volokh Conspiracy
Friday, December 14, 2018

[Jonathan H. Adler] BREAKING: District Court Judge in Texas Holds ACA Is Unlawful
A federal district court judge in Texas has accepted a strained and implausible argument that the Affordable Care Act must be struck down because Congress eliminated the tax penalty for failing to purchase qualifying health insurance.This evening, as...
Volokh Conspiracy
Friday, December 14, 2018

[John K. Ross] Short Circuit: A Roundup of Recent Federal Court Decisions
A misleading film, a misleading statistic, and misleading crackers.Please enjoy the latest edition of Short Circuit, a weekly feature from the Institute for Justice. This week, IJ filed a merits brief in the U.S. Supreme Court, which will soon consid...
Volokh Conspiracy
Friday, December 14, 2018

[Jonathan H. Adler] Did Trump Violate Campaign Finance Laws?
Legal experts debate whether payments to kill stories about then-candidate Trump's affairs were undisclosed campaign expenditures.In today's Washington Post, three prominent DC attorneys representing a range of political viewpoints -- George Conway, ...
Volokh Conspiracy
Friday, December 14, 2018

[Eugene Volokh] Fourth Circuit Rejects Libel Claims over Misleading Edits in Katie Couric's "Under the Gun"
The "questionable" "editing choices," the court said, weren't sufficiently injurious to reputation to qualify as libelous (whether or not they conveyed a false message).From yesterday's Fourth Circuit decision in Virginia Citizens Defense League v. C...
Volokh Conspiracy
Friday, December 14, 2018

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