The Volokh Conspiracy

The Volokh Conspiracy:

A few people have asked why I named this blog The Volokh Conspiracy. The blog began as The Volokh Brothers, but when I realized I wanted us to grow, I had to change the last word. I thought "The Volokh Gang," but then I thought some people might see it as derivative of the then-running political talk show The Capital Gang. I thought "The Volokh Group," but then I thought some people might see it as derivative of The McLaughlin Group. I also realized that the names were derivative of those shows, so I consciously looked for something different.

Conspiracy struck me as unusual, memorable, and a little (OK, only a little) amusing. First, I liked the incongruity of a conspiracy actually publicly announcing itself as a conspiracy. Second, it echoed "The Vast Right-Wing Conspiracy," to which we belong, and also "The Jewish Conspiracy," to which most of the charter members and since then most of the more recent members have also belonged -- but at the same time, as a self-chosen label, it also slightly mocked the term (just as many conservatives' embrace of the label "The Vast Right-Wing Conspiracy" slightly mocks the term, which was apparently originally coined by Hillary Clinton).

So that's how it came about, and I think it's worked well for us. And, hey, no prosecutors have started investigating us yet under 18 U.S.C. § 371 -- at least to our knowledge.

Arkady:

The Volokh Brothers


Well thank God you didn't stay with that. Sounds like a bad Borscht Belt act. :)
8.20.2008 4:00pm
OrinKerr:
Well thank God you didn't stay with that. Sounds like a bad Borscht Belt act. :)

Take my little brother -- please!
8.20.2008 4:04pm
Dan Schmutter:
I dunno. It worked for the Allman Brothers. Why not keep it the Volokh Brothers?

Dan
8.20.2008 4:16pm
Poncherello:
Or just "Volokh"

It worked for Van Halen.
8.20.2008 4:33pm
Dave N (mail):
And, hey, no prosecutors have started investigating us yet under 18 U.S.C. § 371 -- at least to our knowledge.
Your target letter is in the mail.
8.20.2008 4:40pm
Plastic:
I'm surprised it wasn't "Cult of Volokh"

I do like that it's up to the reader to try to determine just what you're conspiring for or against, at least until your manifesto gets consolidated and published.

Your fellow right wing nut job,
Plastic
8.20.2008 4:42pm
Eric Muller (www):
I have long favored the Volokh Khonspiracy.
8.20.2008 5:09pm
UW2L:
Best thing about its being a conspiracy is that even if you never post anything, so long as somebody else posts, you're treated as though you did too. (Or is that the worst thing?)
8.20.2008 5:16pm
Ted the Guest (mail):
I always thought you were taking a jib at how the internet fosters conspiracy theories -- and being ironic, of course. Just like instapundit is a similarly ironic juxtaposition.
8.20.2008 5:23pm
LP (mail):
Rather reminiscent of the group of charter Objectivists/Ayn Rand groupies that called themselves The Collective.
8.20.2008 5:49pm
CrimeDog:
Nevermind 18 USC 371. That's merely a fallback or catch-all provision, and it only gives a five year max sentence. I've opened an investigation under 18 USC 1349, which seems more appropriate to an internet posting scheme, and the statutory penalty is up to 20 years....
8.20.2008 6:03pm
OrinKerr:
I pushed for the Aiders and Abettors of Volokh and the Principal Volokh, but Eugene said no.
8.20.2008 6:12pm
Tucker (mail):
It's a great name.
8.20.2008 6:15pm
David Warner:
Super Volokh Brothers - that would have been fun.
8.20.2008 6:21pm
zippypinhead:
I've opened an investigation under 18 USC 1349, which seems more appropriate to an internet posting scheme, and the statutory penalty is up to 20 years....
Ah, one of the many reasons we just love Sarbanes-Oxley! But since §1349 only works for attempts and conspiracies to commit fraud, somebody's going to have to prove one of the Professors is lying.

A law professor making it up? Nah, couldn't happen...

But speaking of S-O, better not delete your browser cache "in contemplation of" CrimeDog's investigation, or he'll just take the easy way out and send you away for up to 20 years under 18 U.S.C. §1519, regardless of whether there's any conspiracy here.
8.20.2008 6:34pm
Sean M:
Orin --

Doesn't 18 U.S.C. 2 make your proposed title redundant? Eugene was right to reject it.
8.20.2008 7:47pm
BRM:
I just figured libertarians are a paranoid lot.
8.20.2008 8:18pm
Cornellian (mail):
also "The Jewish Conspiracy," to which most of the charter members and since then most of the more recent members have also belonged

Reminds me of a blog I once saw by a Jewish guy in New York, called "The Protocols of the Yuppies of Zion." He dropped the blog once he got a job as a comedy writer for some TV show.
8.20.2008 8:55pm
Thomas_Holsinger:
It's simple. A group of geese is a gaggle, a group of cattle is a herd, a group of flying birds is a flock, and a group of lawyers is a conspiracy.
8.20.2008 10:06pm
Eric Muller (www):
"The Brotherhood of the Traveling Guns."
8.20.2008 11:05pm
Alaska Jack (mail):
I just assumed it was a Collective Noun. You know, a pride of lions, a murder of crows, a conspiracy of Volokhs.

- Alaska Jack
8.20.2008 11:10pm
Brian G (mail) (www):
It is a great name.
8.21.2008 10:05am
John P (mail):
From the 5th Circuit Pattern Jury Instructions:

A "conspiracy" is an agreement between two or more persons to join together to accomplish some unlawful purpose. It is a kind of "partnership in crime" in which each member becomes the agent of every other member.

(The Volokh Partnership in Crime?)

Fortunately, under 18/371 an agreement without an overt act is not actionable.
8.21.2008 10:52am
zippypinhead:
We have a winner! Thomas_Holsinger is the recipient of the grand prize for this thread for his pithy observation that "[a] group of geese is a gaggle...and a group of lawyers is a conspiracy."

Res Ipsa Loquitur.
8.21.2008 11:17am
Not Sarcastro, But Dangerously Close Sometimes (www):
Wait, we've been looking in the wrong parts of 18 U.S.C. in attempting to define the "conspiracy" here. The terrorism laws apply to VC!

For example, in today's thread following David Post's musings about misuse of kitchen cleaners, we have evidence of a Conspiracy to Bomb a Place of Public Use or Government Facility in violation of 18 U.S.C. §2332f(a)(2), since numerous recipes for for Nitrogen TriIodide and other WMDs (as defined by 18 U.S.C. §2332a(C)(2)) are published. As one comment explains, the WMD NTI is "a reddish brown precipitate that...[can be painted] it while wet onto those old black Toilet seats you can still find in some older schools - first one to sit on it after it dries will get a most unpleasant [explosive] surprise!"

Providing training to terroristic school pranksters! Professor Volokh, pay no attention to the silent black helicopters circling your house this morning...
8.21.2008 12:49pm
Thomas_Holsinger:
zippy,

I finally remembered where I got that - from an old cartoon strip titled Shoe by Jeff MacNelly, and his character Skyler uttered it.
8.21.2008 2:31pm

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