Legal Commentary
The Volokh Conspiracy 
Inspired commentary on law, public policy, and current events.
Post Frequency: 22.4/day Last Entry: November 19, 2009 at 22:35:26 Recent Entries: 6931
By Eugene Volokh, Dale Carpenter, David Kopel, David Bernstein, Ilya Somin et al.
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First Amendment Violation in Denying Private Employee Unemployment Compensation When He Was Fired for His Speech?
Posted on November 19, 2009Indiana Court of Appeals Rejects Claim That ?Because His Father Was a Citizen of the United Kingdom, President Obama Is [Not a Natural Born Citizen and Therefore] Constitutionally Ineligible to Assume the Office of the President?
Posted on November 18, 2009Pornography Route 66 Film Doesn?t Infringe Trademark in Route 66 TV Program
Posted on November 18, 2009?The Particular Combination of Sloth, Fanaticism, Inanity and Technical Genius
Posted on November 18, 2009Why Has Holder Decided to Try Khalid Sheikh Mohammed in a Civilian Court?
Posted on November 18, 2009Seventh Circuit Vacates Conviction for Gun Possession By a Misdemeanant Convicted of Domestic Violence, Remands for Further Proceedings
Posted on November 18, 2009?It Is a Bad Idea . . . to Leave the Judge with a Smoldering Suspicion . . .?
Posted on November 17, 2009English Asylum Tribunal Approves Asylum for Afghan Who Converted to Christianity in England
Posted on November 17, 2009Bleg on criminal prosecution of people for transient possession of illegal objects they want to give to the police
Posted on November 16, 2009Petitioner?s Brief in McDonald v. City of Chicago (The Second Amendment Incorporation Case)
Posted on November 16, 2009Is Sex More Likely To Be Emotionally Traumatizing for 17-Year-Old Boys or Girls?
Posted on November 16, 2009?UN Security Demanded the Removal of a Poster Promoting a Book by the OpenNet Initiative (ONI) During a Session at the Internet Governance Forum in Egypt?
Posted on November 16, 2009Female Teacher?s Having Sex with 17-Year-Old Male Student/Teacher?s Aide = 12 Years in Prison (But Was More Involved?)
Posted on November 16, 2009Purdue Resists Calls for Firing Professor for Anti-Homosexuality Blog Post
Posted on November 16, 2009Guns, God and Gays: Public Opinion on Gun Rights, Abortion and Same-Sex Marriage
Posted on November 15, 2009Jeff Benedict on Pfizer?s Withdrawal from New London, and the Kelo Takings
Posted on November 15, 2009Blogger poll: Stupak amendment hurts Dems. Dems need to motivate base; Repubs need outreach to independents
Posted on November 13, 2009NY Times Blog Discussion on the Implications of Pfizer?s Decision to Abandon its New London Facility Near the Site of the Kelo Takings
Posted on November 13, 2009Does a Military Court-Martial of Fewer than Six Persons Violate Due Process?
Posted on November 13, 2009A Chance to Work for One of the Top Libertarian Public-Interest Law Firms in the Country
Posted on November 12, 2009D.C. Court of Appeals Accepts (Partly) Defendant?s Second Amendment Claim
Posted on November 12, 2009?I Never Believed the Letters I Read in Penthouse Until It Happened to Me?:
Posted on November 11, 2009State Declines to File Brief in My Pro Bono Nebraska Supreme Court case (State v. Drahota)
Posted on November 10, 2009More on the Implications of Pfizer?s Decision to Close Down its New London Headquarters
Posted on November 10, 2009Texas? Amendment 11: Another Post-Kelo Eminent Domain Reform that Falls Short
Posted on November 10, 2009Pfizer Corporation Plans to Abandon New London Headquarters that Led to the Kelo Takings
Posted on November 09, 2009More on California Tax-Services Model ? William Voegeli Responds to Comments
Posted on November 09, 2009Bloggers: 10% unemployment would be disaster for Dems in 2010. Split on whether Cap/Trade will pass
Posted on November 09, 2009Federal Rules Interpreted as Barring Twitter Coverage of Trial from Inside Courtroom
Posted on November 09, 2009Much Better Than Being Cited for Our Substance ? Being Cited as a Generic Example
Posted on November 07, 2009California Withholding Tax Hike ? Can Someone Explain the Legal Basis to Me?
Posted on November 07, 2009New Jersey and Indiana Casinos May Not Eject Blackjack Players for Card Counting
Posted on November 06, 2009Establishment Clause Violation in San Francisco?s Condemning the Catholic Church?s Refusal To Help With Adoptions by Same-Sex Couple?
Posted on November 06, 2009Illegal to (Among Other Things) ?Be[] at a Location Frequented by Persons Who Use, Possess or Sell Drugs?
Posted on November 06, 2009Congratulations to Robert Tsai on ?Eloquence and Reason: Creating a First Amendment Culture?
Posted on November 06, 2009Will the Arms Trade Treaty provide effective embargos on human rights violators?
Posted on November 02, 2009What Kind of People Affiliate with Human Rights Watch?s Middle East Division?
Posted on November 02, 2009Does the UN Human Rights Council cause states to treat their citizens better than they otherwise would?
Posted on November 02, 2009Jeff Rowes Guest-Blogging This Week on the Bone Marrow Compensation Case
Posted on November 01, 2009The UN Human Rights Council Resolution on Speech and the Dangers of Authoritarian State International Human Rights Law
Posted on November 01, 2009Interest Group Capture of the Proposed Consumer Financial Protection Agency
Posted on November 01, 2009Stuart Taylor on Obama Administration?s Endorsement of Restricting ?Advocacy of Religious Hatred That Constitutes Incitement to Hostility?
Posted on October 30, 2009Left/Right bloggers agree: Economy will be top issue in 2010. Disagree on WH war on Fox
Posted on October 30, 2009Revising Web-based Newspaper Articles Without Informing Readers ? NYT Edition
Posted on October 30, 2009Should Crime Victims Have the Right to Be Heard on Federal Sentencing Guidelines Issues?
Posted on October 30, 2009Same-Sex Marriages, the Spousal Privilege Not To Testify, and Iowa vs. Federal Law
Posted on October 29, 2009Why Didn?t the Federal Government Even Try to Argue the Commerce Clause in its Supreme Court Brief in United States v. Comstock?
Posted on October 28, 2009Fourth Amendment Rights in a Storage Unit Obtained Using a Stolen Identity
Posted on October 28, 2009FBI Arrests Two Men for Allegedly Conspiring To Attack Danish Newspaper That Published the Mohammed Cartoons, the Newspaper Editor, and one of the Cartoonists
Posted on October 28, 2009More on ?[T]he Islamic Fundamentalist Charge That ... the U.S.A. ... Is the ?Great Satan? Is Not Without an Element of Truth?
Posted on October 28, 2009Bloggers agree: Congress ethics weak; public option likely. Disagree on nukes in cap/trade, & on 2d stimulus
Posted on October 28, 2009Firing for Wearing a Personal Pin, When the Pin Says ?One Nation Under God, Indivisible?
Posted on October 28, 2009District Court Suppresses Contents of E-Mail Account in Bear Stearns Trial
Posted on October 27, 2009?[T]he Islamic Fundamentalist Charge That ... the U.S.A. ... Is the ?Great Satan? Is Not Without an Element of Truth?
Posted on October 27, 2009Rifqa Bary ? the 17-Year-Old Convert from Islam to Christianity ? Ordered Back to Ohio, But to a Foster Family:
Posted on October 26, 2009Arguing for Corporate Liability Under the Alien Tort Statute, a Bullet Point List
Posted on October 25, 2009Defending Yourself Against Attack by Threatening Force Is a Crime in Kansas
Posted on October 23, 2009How Much of a Difference will the Administration?s New Policy on Prosecuting Medical Marijuana Cases Make?
Posted on October 23, 2009Product Liability Lawsuit Against Louisville Slugger, Because It?s Designed to Allow Hit Balls to Go Very Fast
Posted on October 23, 2009Copyright Infringement in Playing Loud Music to Soften Up Guantanamo Detainees?
Posted on October 23, 2009Ninth Circuit Opinion in Washington State Referendum Signature Confidentiality Case Arrives:
Posted on October 22, 2009Assessing Ayn Rand: ?An Utterly Intolerant and Dogmatic Person Who Did a Great Deal of Good?
Posted on October 22, 2009Chief Justice Roberts Dissents from Denial of Fourth Amendment Case ? Again
Posted on October 20, 2009Aiming for Liberty: The Past, Present and Future of Freedom and Self-Defense
Posted on October 20, 2009Supreme Court Blocks Washington State Officials From Disclosing Names of Anti-Same-Sex-Marriage Petition Signers,
Posted on October 20, 2009Bank of America to Impose Annual Fees on Transactional Users Credit Cards:
Posted on October 20, 2009Ninth Circuit Overturns Preliminary Injunction Restraining Release of Names of Anti-Domestic-Partnership Petition Signers in Washington State:
Posted on October 19, 2009Justice Kennedy Temporarily Stays Release of Names of People Who Signed the Washington Anti-Same-Sex Marriage Initiative
Posted on October 19, 2009Angel Raich to Undergo Brain Surgery; DOJ Issues New Medical Marijuana Policy
Posted on October 19, 2009Blogger polls: political benefits of health care bills and Nobel prize, alienation of independents?
Posted on October 17, 2009Asian-American Applicants and Competing Rationales for Affirmative Action in Higher Education
Posted on October 17, 2009?Cyberspace and the Law: Privacy, Property, and Crime in the Virtual Frontier?
Posted on October 16, 2009Treasury Inc. cont?d: Does Citi make cheaper loans in Battleground States?
Posted on October 15, 2009Louisiana Justice of the Peace Refuses to Issue Marriage License for Interracial Couple:
Posted on October 15, 2009Speculating on the Future of the Alien Tort Statute in a Multipolar World
Posted on October 14, 2009Hayek on the Use of Superior Expert Knowledge as a Justification for Paternalism
Posted on October 14, 2009My Findlaw Column on Alvarez v. Smith ? A Key Property Rights Case Argued Before the Supreme Court Today
Posted on October 14, 2009Christian Group Complains About Statue of Indian Elephant God at the Calgary Zoo:
Posted on September 30, 2009?FIRE?s Exclusive Interview with Flemming Rose, Editor Behind Censored Mohammed Cartoons?
Posted on September 30, 2009Supreme Court Agrees To Decide Whether the Second Amendment Applies to the States
Posted on September 30, 2009Ninth Circuit Defers Considering the Second Amendment Incorporation Case
Posted on September 25, 2009"New Low: Beck and Right-Wing Media Minions Fearmongering About Kids to Attack Progressives":
Posted on September 25, 2009"School Children Singing the Praises of President Obama" (Apparently as a Public School Class Project):
Posted on September 25, 2009Congressional Research Service on Whether the "Defund ACORN Act" Is an Unconstitutional Bill of Attainder:
Posted on September 24, 2009Does the Wrongful Issuance of an Arrest Warrant Violate a Person's Fourth Amendment Rights if the Warrant is Never Executed?:
Posted on September 23, 2009Canadian Commission Approves Monument Named "To Victims of Totalitarian Communism":
Posted on September 23, 2009Recent Computer Crime Legislation -- The Actual Text, So You Can Read It Yourself:
Posted on September 23, 2009Another Question for Those Who Want Legislators to Take the "Read the Bill" Pledge:
Posted on September 23, 2009Questions for Those Who Want Legislators to Pledge To Read Every Word of Every Bill Before Voting:
Posted on September 23, 200917-Year-Old Who Converted from Islam to Christianity, and Ran Away from Home
Posted on September 22, 2009Does It Violate the Fourth Amendment For Cops to Take Some Time Out and Play Wii During the Execution of a Warrant?:
Posted on September 22, 2009"Christian Hotel Owners Hauled Before Court After Defending Their Beliefs in Discussion With Muslim Guest,"
Posted on September 21, 2009Small Contribution to the Debate Over the Constituitonality of Mandatory Health Insurance:
Posted on September 21, 2009The Supreme Court, the Election Returns, and Mandatory Health Insurance:
Posted on September 21, 2009Government Instructing Private Corporation To Stop Expressing Certain Opinions About Health Care Reform?
Posted on September 21, 2009Memo to Police: Your Power To Coercively Stop People Shouldn't Be Used for Tourism Gimmicks:
Posted on September 21, 2009Student Group Suspended, Faculty Advisor Removed Because Faculty Advisor Expressed Willingness To Defend Himself:
Posted on September 21, 2009Judge Stephen Larson's Resignation Does Not Show that Federal Judges are Underpaid:
Posted on September 20, 2009Constitutional "Is" Versus Constitutional "Ought" -- A Brief Reply to Barnett and Jost:
Posted on September 20, 2009Does a Federal Mandate Requiring the Purchase of Health Insurance Exceed Congress' Powers Under the Commerce Clause?
Posted on September 20, 2009Founder of Jedi Religion Claims to be Victim of Religious Discrimination:
Posted on September 20, 2009Bernard Kouchner Calls to Revive Idea of Global Financial Tax to Fund Development:
Posted on September 19, 2009Federal Judge Resigns After 3 Years on Bench, Citing Low Judicial Salary:
Posted on September 18, 2009Political Ignorance and Jewish Perceptions of Conservatives and the Religious Right:
Posted on September 17, 2009Rational Basis and Constitutional Line Drawing in the Same-Sex Marriage Debate:
Posted on September 16, 2009"Attorneys, Academics Sort Through Landmark Case on Computer Searches":
Posted on September 16, 2009Is It Legal for Human Rights Watch to Suspend an Analyst for Collecting Nazi Paraphernelia?
Posted on September 16, 2009Devices "Useful Primarily for the Stimulation of Human Genital Organs" Going to the Supreme Court?
Posted on September 15, 2009Can the Police Get a Warrant to Force a Drunk Driving Suspect to Submit to a BAC Test
Posted on September 14, 2009U.K. Prime Minister Gordon Brown Apologizes for Conviction of Alan Turing:
Posted on September 11, 2009Left/Right could support health bill with tort reform. Lefts wants out of Aghanistan; Right wants it:
Posted on September 11, 2009Federal Judge Temporarily Restrains Release of Names of Anti-Domestic-Partnership Petition Signers in Washington States:
Posted on September 11, 2009Fine for Displaying Israeli Flag in a Spontaneous Counterdemonstration at an Anti-Israel Demonstration:
Posted on September 11, 2009A Rare Victory for a Sexually Themed Business in a Case Applying Renton Scrutiny,
Posted on September 10, 2009International Criminal Court Prosecutor Opens Probe into Afghanistan NATO Actions:
Posted on September 10, 2009Retroactive Requirement to Register as Sex Offenders Violates Ex Post Facto Clause When Applied to Juvenile Offenders:
Posted on September 10, 2009Supreme Court to Hear Oral Argument on Alvarez v. Smith - A Key Property Rights Case:
Posted on September 09, 2009Political Ideology and the Constitutionality of Campaign Finance Reform:
Posted on September 09, 2009Rick Hasen (Election Law Blog) on the Citizens United Corporate Free Speech Rights Case:
Posted on September 09, 2009Northwestern U.L.Sch. 2009 Firearms Law & The Second Amendment Symposium:
Posted on September 08, 2009NSA Intercepts Used To Obtain Conviction for Terrorist Plot to Blow Up Transatlantic Flights:
Posted on September 08, 2009al-Kidd v. Ashcroft: Is Pretextual Use of the Material Witness Statute Unconstitutional?:
Posted on September 07, 2009Could a Government Regulator of Systemic Risk Avoid the Next Economic Meltdown?--
Posted on September 05, 2009FHA Adopts Countrywide's Business Model and It's Not Working . . . Again.--
Posted on September 05, 2009Police Report in Case of 17-Year-Old Girl Who Converted to Christianity and Doesn't Want to Return to Her Muslim Family:
Posted on September 04, 2009For Men, Cognitive Functioning May Temporarily Decline After Interaction with an Attractive Woman:
Posted on September 04, 2009C-Span Interviews The Justices on the Arrival of A New Justice and A New Term:
Posted on September 04, 2009From the Bridge to Nowhere to the Airport for No One - How Public Ignorance Facilitates Porkbarrel Spending:
Posted on September 04, 2009Michelle Goldberg argues against heated rhetoric while mentioning that she "hated Bush so much" and talks of the "blessed day" when Dick Cheney dies.
Posted on September 02, 2009California to Seek Supreme Court Review of Order Requiring Reduction of Prison Population:
Posted on September 02, 2009Is the Copyright Royalty Board Unconstitutional? Part III - The Real Deal?
Posted on September 01, 2009Fourth Amendment Violation in Police Policy of Test-Firing All Guns They Get, Even With No Individualized Suspicion?
Posted on September 01, 2009Former Miss California USA Suing Pageant for Religious Discrimination (and Other Matters):
Posted on September 01, 2009"'Important Questions of Federal Law': Assessing the Supreme Court's Case Selection Process":
Posted on August 31, 2009Lori Drew Opinion Handed Down -- Judge Grants Motion To Dismiss on Vagueness Grounds:
Posted on August 30, 2009A Personal Demonstration of How "Voting With Your Feet" is Often Easier for the Poor than the Rich:
Posted on August 30, 2009NEA conference call directs artists to push the Administration's agenda on health care and the environment.--
Posted on August 27, 2009An Interesting Consequence of United States v. Comprehensive Drug Testing:
Posted on August 27, 2009Preference for Public School Over Homeschooling -- and Maybe Private Schooling -- Because It Provides "Exposure to Different Points of View"?
Posted on August 27, 2009Do Magistrate Judges Have a Power to Refuse To Sign Warrants Based on Expectations of How a Warrant Would be Executed?:
Posted on August 26, 2009Ninth Circuit Hands Down En Banc Decision in United States v. Comprehensive Drug Testing:
Posted on August 26, 2009The UN's Arms Trade Treaty: A Dangerous Multilateral Mistake in the Making:
Posted on August 26, 2009How the Ninth Circuit Tried To End Plain View for Computer Searches Without Ending Plain View for Computer Searches:
Posted on August 26, 2009Which State's Name Might Indirectly Flow from the Name of an Ancient Political Figure?
Posted on August 26, 2009Address to the Readers of the Sunbury and Northumberland Gazette, June 29, 1799:
Posted on August 25, 2009Why Most (Sucessful) Politicians Value Staying in Power More than the Public Good:
Posted on August 24, 2009Does the Automobile Exception Permit a Search of Computers Found in a Vehicle?:
Posted on August 21, 2009Wisconsin Attorney General Won't Defend the State Domestic Partnership Law Against a Constitutional Challenge:
Posted on August 21, 2009Next
#1 Online Legal Resource
On 08-28 at 21:13PM
Ten months later, Fed must reveal names of emergency lending recipients #FOIA
On 08-25 at 19:02PM
Squeaky Fromme, would-be Ford assassin and Manson devotee, released from prison
On 08-14 at 15:19PM
Likely unintended consequence of cash-for-clunkers stimulus is dampening of 2010 spending
On 08-14 at 14:34PM
Palm seeks to halt Palm Pre Android theme on copyright and trademark ground
On 08-12 at 17:30PM
Congressional investigation demonstrates Karl Rove lied about his active role in US attorney's firing
On 08-12 at 16:20PM
Family of New York City swine flu victim to sue city for failure to secure school #nyc #swineflu
On 08-12 at 12:59PM
Real Network's DVD copying software deemed to break DMCA's anti-circumvention provisions
On 08-12 at 12:57PM
Prepaid funeral operators indicted for $100 Million fraud
On 08-12 at 12:53PM
NY Jets join Cincinnati, Dallas, Green Bay, Houston & Seattle #NFL teams offering branded state lottery games
On 08-12 at 12:43PM
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