Today in Supreme Court History: January 30, 1939
The Volokh Conspiracy
by Josh Blackman
9h ago
1/30/1939: Justice Felix Frankfurter takes oath. Justice Felix Frankfurter The post Today in Supreme Court History: January 30, 1939 appeared first on Reason.com ..read more
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The Washington Post Profiles the 5th Circuit
The Volokh Conspiracy
by Josh Blackman
1d ago
Anne Marimow has taken a deep dive on what I've called the second-most interesting court in the land. Sorry D.C. Circuit, you are fairly predictable at this point. Here is the intro: Months before the Supreme Court overturned Roe v. Wade, the federal appeals court based in this Southern city cleared the way to ban most abortions in Texas. The same court appeared to jump the line to block the White House's signature coronavirus vaccination mandate and split from other courts to back restrictions on social media companies and constrain President Biden's immigration powers ..read more
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Originalism after Dobbs, Bruen, and Kennedy
The Volokh Conspiracy
by Randy E. Barnett
2d ago
In three cases last term, the constitutional concepts of history and tradition played important roles in the reasoning of the Supreme Court. Dobbs v. Jackson Women's Health Organization relied on history and tradition to overrule Roe v. Wade. New York State Rifle & Pistol Association v. Bruen articulated a history and tradition test for the validity of laws regulating the right to bear arms recognized by the Second Amendment. Kennedy v. Bremerton School District looked to history and tradition in formulating the implementing doctrines for the First Amendment Establishment and Free Exercise ..read more
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Today in Supreme Court History: January 28, 1916
The Volokh Conspiracy
by Josh Blackman
3d ago
1/28/1916: President Wilson nominates Louis Brandeis to the Supreme Court. He would be confirmed on June 1, 1916. Justice Louis Brandeis The post Today in Supreme Court History: January 28, 1916 appeared first on Reason.com ..read more
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Lawsuit Over Blocking of Portland State Prof. Bruce Gilley from @UOEquity Twitter Feed Can Go Forward
The Volokh Conspiracy
by Eugene Volokh
3d ago
From Gilley v. Stabin, decided yesterday by Judge Marco Hernández (D. Ore.): Defendant tova stabin {[who] spells her name with all lowercase letters} was previously the Communication Manager for the Division of Equity and Inclusion … at the University of Oregon…. On or about June 14, 2022, Defendant stabin, in her capacity as Communication Manager, posted a "racism interruptor" to the Division's Twitter page, @UOEquity. The Tweet read "You can interrupt racism," and the prompt read, "It sounded like you just said_________. Is that really what you meant?" Plaintiff Bruce Gilley, a professor at ..read more
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Short Circuit: A Roundup of Recent Federal Court Decisions
The Volokh Conspiracy
by John Ross
3d ago
Please enjoy the latest edition of Short Circuit, a weekly feature written by a bunch of people at the Institute for Justice. New on the Short Circuit podcast: bags of dope, unlawful assembly, and an invitation to assemble in centennial celebration of one of the most sweeping defenses of individual liberty in history, Meyer v. Nebraska. In response to a public records request, ICE turns over 21 spreadsheets to the ACLU. But wait! The records are pretty useless because they lack any personal identifiers. ICE: Those are exempt. We can't go around sharing people's records! ACLU: But you can ..read more
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AI and the Law on FIRE's "So To Speak" Podcast (with Nico Perrino, David Greene [EFF], Alison Schary, and Me)
The Volokh Conspiracy
by Eugene Volokh
3d ago
The title is "Artificial intelligence: Is It Protected by the First Amendment?," but we covered more than that. I much enjoyed it, and I hope you will, too! Here's FIRE's summary: What does the rise of artificial intelligence mean for the future of free speech and the First Amendment? Who is liable for what AI produces? Can you own a copyright for works produced by AI? Does AI itself violate intellectual property rights when it uses others' information to generate content? What about that Morgan Freeman "deep fake"? And is ChatGPT going to make all of our jobs irrelevant? Gues ..read more
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Title IX, Gender Identity, and the Consequences of Equity
The Volokh Conspiracy
by Michael Rosman
3d 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
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Today in Supreme Court History: January 27, 1955
The Volokh Conspiracy
by Josh Blackman
3d 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
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Why Does Justice Kavanaugh Write Concurrences?
The Volokh Conspiracy
by Josh Blackman
4d 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
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