Title IX, Gender Identity, and the Consequences of Equity
The Volokh Conspiracy
by Michael Rosman
2h ago
On my last day of guest blogging, I want to begin by returning to the question of trans females participating on female-only teams and what, if anything, Title IX has to say about it. On December 16, 2022, the Second Circuit decided a case, Soule v. Connecticut Ass'n of Schools, Inc., in which high school female athletes claimed that the defendant violated Title IX by permitting trans females to compete against them in track and field. The case was dismissed, primarily on justiciability grounds, and the Second Circuit affirmed. The interesting part for me though, was the positions taken by the ..read more
Visit website
Today in Supreme Court History: January 27, 1955
The Volokh Conspiracy
by Josh Blackman
2h ago
1/27/1955: Chief Justice John Roberts's birthday. Chief Justice John Roberts   The post Today in Supreme Court History: January 27, 1955 appeared first on Reason.com ..read more
Visit website
Why Does Justice Kavanaugh Write Concurrences?
The Volokh Conspiracy
by Josh Blackman
10h ago
On Monday, Justice Kavanaugh spoke at Notre Dame Law School. I've transcribed his remarks. At the 38:20 mark, Dean Cole asked, somewhat in jest, if NCAA v. Alston would extend to law review editors. Dean Cole: So since you're using sports analogies, next question is, do you think your concurrence in NCAA versus Alston could cover fields and bodies beyond college football, for example, like law journals, or the Notre Dame Law Review? Kavanaugh, as he is wont to do, went far beyond the question presented. Indeed, that was precisely what he did in his NCAA v. Alston concurrence: go be ..read more
Visit website
UC's National Center for Free Speech and Civic Engagement $20K Non-Residential Fellowships
The Volokh Conspiracy
by Eugene Volokh
16h ago
The Center is accepting applications until March 10; check out the details here. (I'm on e of the Advisory Board members.) An excerpt: Each year, the Center selects Fellows from a broad range of disciplines and backgrounds such as law, journalism, higher education, social science, technology and government. Fellows receive funding to conduct research that furthers the national conversation related to expression and democratic participation on college campuses including how to advance campus dialogue, safeguard academic freedom and further diversity and inclusion. The Center welcomes candidate ..read more
Visit website
Justice Kavanaugh on Major Questions, Chevron, and US News Rankings
The Volokh Conspiracy
by Jonathan H. Adler
16h ago
Earlier this week, the Notre Dame Law Review hosted its annual Federal Courts symposium (which results in an annual federal courts issue of the journal). The keynote of the event was a question-and-answer session with Associate Justice Brett Kavanaugh, moderated by Notre Dame Dean Marcus Cole. During the session, Justice Kavanaugh discussed multiple administrative law topics, including Chevron, the Major Questions doctrine, and the APA, as well as other topics related to legal education, including the U.S. News & World Report law school rankings. Of note, Justice Kavanaugh did no ..read more
Visit website
Yale Law School Program with Kristin Waggoner (ADF), Nadine Strossen (ex-ACLU), and Robert Post (Former Dean)
The Volokh Conspiracy
by Eugene Volokh
16h ago
David Lat (Original Jurisdiction) reports; an excerpt, though if you're interested in the subject you should read the whole thing: Last October, I wondered whether Yale Law School, which experienced a series of scandals relating to free speech last year, might be turning over a new leaf. The YLS administration announced several concrete steps to protect speech and improve its intellectual climate, and there were early indications that they were bearing fruit—or that things were at least settling down at 127 Wall Street. For example, leading Supreme Court advocate Kannon Sh ..read more
Visit website
Gutting Tenure Protections in North Dakota?
The Volokh Conspiracy
by Keith E. Whittington
1d ago
It is hard to know when to get excited about bills introduced in state legislatures. There is a lot of performative stuff with no chance of passage that nonetheless can get a lot of attention from activists and the press. When the House majority leader of a state legislature introduces a bill, however, I think you have to take that seriously. And the majority leader in North Dakota is now pushing a doozy of a bill. Inside Higher Ed has a good rundown: North Dakota's House majority leader has introduced legislation that would let presidents of at least two colleges, Dickinson State University ..read more
Visit website
Academic Freedom in Florida
The Volokh Conspiracy
by Keith E. Whittington
1d ago
Florida Governor Ron DeSantis has been hammering away on higher education in Florida. He clearly sees this as a winning electoral issue as he prepares himself for the Republican presidential primary, and he is no doubt right that there is a lot of conservative anger out there (some (much?) of it justified) about the state of American higher education. The way he has approached the issue is cause for alarm, however, for those who care about academic freedom. I have a new piece over in The Dispatch on the various moves to date in Florida. From the piece: DeSantis has adopted a machine gun appro ..read more
Visit website
Bar Associations Threaten Pro-Se Litigant, Aided by AI, with UPL Suits
The Volokh Conspiracy
by Josh Blackman
1d ago
Flash back to 2013. New firms began to use machine-language to mine trends and insights from legal databases. Their output looked an awful lot like legal advice, even if it was generated by algorithms. At the time, I worried that these firms may inadvertently run afoul of laws barring the unauthorized practice of law (UPL). Over lunch, I warned an executive of one of the leading firms about these risks. He acknowledged my concern, and said he would have a memo prepared. Who knows what came of it. I sketched some of these concerns in a short article titled Robot, Esq., a book chapter, and ..read more
Visit website
Title IX, Sports, and Language
The Volokh Conspiracy
by Michael Rosman
1d ago
The confusion surrounding Title IX is exacerbated by the use of phrases that have disparate meanings inside and outside Title IX's application to sports. We saw a bit of this yesterday, in the regulations and interpretations. The regulations require "equal athletic opportunity." Normally, we understand the phrase "equal opportunity" to be synonymous with nondiscrimination, a rule precluding the consideration of a prohibited criteria. Think "Equal Employment Opportunity," for example. But in Title IX and sports, "equal opportunity" has come to mean something quite different. The contrast betwee ..read more
Visit website

Follow The Volokh Conspiracy on Feedspot

Continue with Google
OR