One Month of
A month ago, I started a solo blog,, with the caveat that I wanted "to try the new blog for a month or two and see if I enjoy posting there. If it doesn't work out, I'll fold up shop and post exclusively at the VC." I have a few comments about my take so far over there, but I figured I would also open it up for comments here.

  UPDATE: The site is back up. Sorry for the delay.

  ANOTHER UPDATE: In the comment thread, Justin writes: "I don't like the fact that one cannot post anonymously at, but otherwise find it a good read." To be clear, you can comment anonymously at, and many people do. You have to wait for me to review the comment, rather than have an account that posts automatically, but you are free to submit the comment. I would estimate that I approve about 70% of anonymous comments.
Cornellian (mail):
How's the traffic at the new site relative to VC, or at least the comments attached to your posts in VC?
4.11.2006 2:33pm
42usc1983 (mail):
I can't get to load. Anyone else having this problem?
4.11.2006 2:36pm
1983--Yes. It has happened every once in a while during the past two weeks.
4.11.2006 2:41pm
1983--I'm having the same problem.
4.11.2006 2:49pm
Same problem - I wanted to see what Orin was posting (I did not know about his blog before) but couldn't get there from here!
4.11.2006 2:53pm
Just an Observer:
I enjoy reading your new blog, and have posted comments there occasionally, but I miss your posts here.

In particular, I respect your desire that focus on legal (not political) issues. The problem is that one of the prime controversies for which you recently provided a valuable platform here -- the NSA surveillance program and executive power in general -- is now being argued in Congress, a distinctly political forum.

So there is a void in the blogosphere, which is not filled satisfactorily by the various partisan sites.
4.11.2006 3:00pm
James Fulford (mail):
Here's Google's site search of click on the cached version and then try "Click here for cached text only."
4.11.2006 3:16pm

Thanks for the feedback. I would be happy to blog about the NSA stuff at, and the VC, too. The problem isn't that the posts fall outside a category for the blog; the problem is that I can't say much beyond what I read in the paper about the politics of the issue. Also, we don't know the facts of the programs, so it is hard to assess the various legal solutions right now.
4.11.2006 3:24pm
Justin (mail):
I don't like the fact that one cannot post anonymously at, but otherwise find it a good read.
4.11.2006 3:43pm
Orin, any chance you'll comment on the AG's assertions regarding domestic surveillance?
4.11.2006 3:44pm
VC is now worth checking 1 time a day instead of 4.
4.11.2006 3:48pm
42usc1983 (mail):
It's up!
4.11.2006 3:48pm
Just an Observer:

I respectfully suggest that you are setting too high an intellectual bar to joining the political debate, even as a moderator. For better or worse, that bar is really rather low. Although I agree that we don't know all the facts about the NSA program, that will not prevent Congress from legislating.

In particular, there are competing legislative proposals -- Sen. Specter's bill focusing on judicial review, Sen. DeWine's bill negotiated with the White House, Sen. Schumer's bill that attempts to provide a statutory boost to standing on the part of civil plaintiffs -- as well as legislative language suggested by David Kris. All of these proposals seemingly would affect litigation somehow. A primary point of contention is whether Congress wants to enhance or curtail judicial review.

Then, of course, there is the almost purely political question of censure, which itself raises issues of legislative precedent.

Not only does the proposed legislation raise legal questions, its political fate seems not to be tied to any fact-finding about the de facto NSA program. One way or another, it appears that the Senate will consider some bill to amend FISA rather substantially. Which, of course, may moot the most contentious legal issues for the time being.
4.11.2006 4:01pm
Anderson (mail) (www):
Your blog's become daily reading for me, so I selfishly encourage you to keep it up, pressure to post notwithstanding. The old "because you had a bad week, why should I suffer?" principle.

Still can't comment however; this began as a comment at your blog.

Anyone else get the "Error: This file cannot be used on its own" message when they try to comment at
4.11.2006 4:50pm
Anderson, I did.
4.11.2006 5:06pm
Anderson (and Orin, if you're interested), I get the error message on my home computer, but not at work... must have something to do with the browser and the privacy/cookie settings.
4.11.2006 5:23pm
42usc1983 (mail):
I'm very pleased you're blogging solo at In fact, I haven't visited the VC for over a week, and arrived here today only to find out why your blog was down. I knew law professors are underpaid, but couldn't GW pick up your $10/mo. hosting fees? ;)

Seriously, I don't want to knock the VC, which is superb. But I think EV has covered just about everything there is to cover on free speech issues. (Plus, I've read most of all his free speech casebook cover-to-cover, so I often know what he'll post before he posts.)

And the you-can't-say-that posts are getting played out. I'm sure those posts are new to some readers, but people like me (who have been reading the VC since it was on blogspot!) find such posts stale. Again, those posts are likely provactive and interesting to new readers. But old dogs like to see new tricks.

Criminal law and criminal procedure is a much richer area, imho, than anything covered here. There are lots of new and exciting issues. So I'm glad there's another scholar covering them. The White Collar Crime Blog is excellent, but narrow. CrimLaw is a great blog, but it's not as scholarly as yours.

I also like that your blog is somewhat more diverse - it has a Green-Bag-of-crim-law sort of feel. I'd likely not enjoy is so much if you only blogged computer crime issues.

So, yeah, I'm glad you have your own show. Tough others likely (and reasonably) disagree.
4.11.2006 5:42pm
Shoot - I forgot about Orin's personal blog! I can see the appeal of being able to veto certain comments (*cough* mine *cough*), although the price in readership seems high. Was there no way to implement prescreening of comments here at VC?
4.11.2006 6:05pm
I must say that I have missed your commentary here and especially because I am one of then unwelcome masses over at At least that is what I took away from the comment policy to limit us non-professionals to comments "offering informed legal arguments". Since I can only offer informed mathematical arguments and informed scientific arguments I must say that I was not interested in hanging around where I was not welcome.

Then again maybe that was the point.
4.11.2006 9:29pm