Today in Supreme Court History: May 18, 1860
The Volokh Conspiracy
by Josh Blackman
6h ago
5/18/1860: Abraham Lincoln wins the Republican Party presidential nomination. President Abraham Lincoln 5/18/1896: Plessy v. Ferguson decided. The post Today in Supreme Court History: May 18, 1860 appeared first on Reason.com ..read more
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Compendium of Bryan Caplan's Guest-blogging Posts on His New Book "Build, Baby, Build: The Science and Ethics of Housing Regulation"
The Volokh Conspiracy
by Ilya Somin
19h ago
(Bryan Caplan) Bryan Caplan's guest-blogging stint has come to an end. We thank Bryan for his excellent contributions to the blog! Here is a listing of his posts about his book Build, Baby, Build: The Science and Ethics of Housing Regulation. I myself also wrote a post introducing Bryan and the book. 1."Trillions" 2. "*Build, Baby, Build*: My Most Inexcusable Omission" 3. "The YIMBY Napkin" 4. "*Build, Baby, Build*: Responses to the Best Objections" I think my forthcoming Texas Law Review article, "The Constitutional Case Against Exclusionary Zoning" (coauthored with Josh Braver), in some way ..read more
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Short Circuit: A Roundup of Recent Federal Court Decisions
The Volokh Conspiracy
by John Ross
21h ago
New on the Short Circuit podcast: Duke Professor Nita Farahany digs into her book The Battle for Your Brain and what can be done about a future where the government can read your mind. D.C. Circuit: We're not saying that these plaintiffs weren't on a terrorist watch list when they filed this lawsuit. We're just saying that if, hypothetically, the government's ex parte submission showed the plaintiffs weren't on a terrorist watch list when they filed this lawsuit, they wouldn't have standing. Also, the plaintiffs don't have standing. The nature of "property" has beguiled ph ..read more
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The 70th Anniversary of Brown v. Board of Education
The Volokh Conspiracy
by Ilya Somin
21h ago
Brown v. Board of Education. (NA)   Today is the 70th anniversary of Brown v. Board of Education. That ruling is one of the most famous decisions in the history of the Supreme Court, and probably the most widely praised. But many aspects of the ruling remain controversial, including elements of the Court's reasoning, and how the decision fits in with various types of constitutional theory. In honor of the anniversary, the American Journal of Law and Equality is publishing a symposium on Brown. I am honored to be invited to contribute. A draft of my aricle, entitled "Brown, Democracy ..read more
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CFPB v. CFSAA: Originalists v. Traditionalists
The Volokh Conspiracy
by Josh Blackman
21h ago
It is often said that there is a majority of originalists on the Court, but I think that generalization isn't too helpful. Rather, different members of the Court approach originalism in very different ways. CFPB v. CFSAA teaches us a lot about how the Justices approach constitutional law. (You can download an edited version of the case here.) The top-line split was 7-2. Only Justices Alito and Gorsuch found that the funding structure of the CFPB was unconstitutional. And on paper, a least, all seven members of the majority joined a single opinion. Justice Thomas's majority opinion was textuali ..read more
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Rhymes with Punt
The Volokh Conspiracy
by Josh Blackman
22h ago
Following up on the fringe theory about Justice Alito's flag, Shannon Bream of Fox News has these tweets: I spoke directly with Justice #Alito about the flag story in the NYT. In addition to what's in the story, he told me a neighbor on their street had a "F— Trump" sign that was within 50 feet of where children await the school bus in Jan 21. Mrs. Alito brought this up with the neighbor. 1/ According to Justice Alito, things escalated and the neighbor put up a sign personally addressing Mrs. Alito and blaming her for the Jan 6th attacks. 2/ Justice Alito says he and his wife were walking in ..read more
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"After Edokobi's Employees Left, Smith Cast 'Evil Curses" upon Edokobi's Life and Business"—But Not Libelous Ones
The Volokh Conspiracy
by Eugene Volokh
1d ago
From Edokobi v. Smith, decided yesterday by the Appellate Court of Maryland (Judges Kathryn Grill Graeff, Kevin Arthur, and James Eyler): In the light most favorable to Edokobi, the complaint alleged, generally, three claims: first, during an argument in front of two of Edokobi's employees about payment for work Smith had performed, Smith called Edokobi "a piece of garbage." Second, after Edokobi's employees left, Smith cast "evil curses" upon Edokobi's life and business. And third, in private text messages between the parties, Smith called Edokobi "stupid," "evil," and "foolish," and threate ..read more
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Today in Supreme Court History: May 17, 1954
The Volokh Conspiracy
by Josh Blackman
1d ago
5/17/1954: Brown v. Board of Education and Bolling v. Sharpe are decided.   The post Today in Supreme Court History: May 17, 1954 appeared first on Reason.com ..read more
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Edited Version of CFPB v. CFSAA for the 2024 Barnett-Blackman Supplement
The Volokh Conspiracy
by Josh Blackman
1d ago
I have finished editing CFPB v. CFSAA for the 2024 Barnett-Blackman supplement. I compressed about 60 pages down to 17 pages. You can download it here. I will have more to say about this case in another post.   The post Edited Version of <i>CFPB v. CFSAA</i> for the 2024 Barnett-Blackman Supplement appeared first on Reason.com ..read more
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Fringe Theory About Justice Alito
The Volokh Conspiracy
by Josh Blackman
2d ago
During Justice Kavanaugh's confirmation hearing, one of his former clerks was seated behind him. And, on camera, she made an "okay" symbol with her hands. Then came the outrage. Critics of Justice Kavanaugh charged that the "okay" gesture was actually a symbol for white power. This suggestion was preposterous. The former clerk was Mexican on her mother's side, and Jewish on her father's side. She had never even heard of this apparent hate symbol–nor had I. But that didn't stop conspiracy theorists on the left from attacking then-Judge Kavanaugh. That background brings me to the latest conspira ..read more
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