I just contributed to Prof. John Eastman’s campaign for California Attorney General, and I urge others to do the same. John is extremely smart and accomplished — he has a Ph.D. in government, he clerked for Justice Clarence Thomas, he has written or cowritten over 20 law review articles, and he’s a law professor and […]
Archive | 2010
Death Panels, of a Different Sort
I just came across some cases that I think our readers might find interesting (though tragic). Here’s the common fact pattern (with some minor variations among the cases): A small child is suffering from extreme medical problems, and doctors believe there is no hope for improvement. The parents have lost their parental rights, because they […]
Feds May Sue Arizona Over Immigration
Today’s Washington Post reports that the Justice Department is considering whether to challenge Arizona’s new immigration law. A key legal ground being considered, officials said, is the doctrine of “preemption” — arguing that the state’s law illegally intrudes on immigration enforcement, which is a federal responsibility. The White House probably will make the final call, […]
Kobach on Arizona’s Immigration Law
UMKC law professor Kris Kobach, who helped author Arizona’s controversial immigration law, defends the law in today’s NYT. According to Professor Kobach, the law “prohibits the harboring of illegal aliens and makes it a state crime for an alien to commit certain federal immigration crimes. It also requires police officers who, in the course of […]
The Internet, The Fourth Amendment, and Technology Neutrality: A Response to Horowitz
Defense attorney and blogger Rick Horowitz has posted an extended two-part response to my new law review article, Applying the Fourth Amendment to the Internet: A General Approach, 62 Stan. L. Rev. 1005 (2010). His posts are here: 1. Orin Kerr’s Fourth Amendment & The Internet: Foundations 2. What’s Wrong With Orin Kerr’s Technology Neutrality […]
Major Gaffe in Britain
In the runup to the elections in Britain, Labor Prime Minister Gordon Brown has just made what is being described as “major gaffe” by a host of observers. He called a woman (a Labor supporter) who raised immigration concerns with him directly a “bigoted woman.” The remark was caught on a microphone that Brown forgot […]
New Jersey Supreme Court Will Decide Whether Signature Gathering for Menendez Recall May Proceed
I blogged about the intermediate appellate decision in the case, so I thought I’d note the new development. The AP reports that “Arguments are scheduled for May 25.” Thanks to How Appealing for the pointer.
The Russian Influence on American Law
From today’s oral arguments in Doe v. Reed: JUSTICE GINSBURG: You mean if—that was over. It passed the screen of the Secretary of State. It’s disclosed to the public. If someone then said, You’ve got a lot of dead souls on these lists, the State would do nothing about it? … [Much later:] [ATTORNEY] GENERAL […]
Cape Wind Approved
This morning, Interior Secretary Ken Salazar announced his approval of the proposed Cape Wind offshore wind energy project in the Nantucket Sound. This is an important decision, as the Cape Wind project will be the nation’s first offshore wind farm. Offshore wind power has a significant foothold in Europe, but not in the United States. […]
Mojave Cross Decision (Salazar v. Buono) Handed Down
The opinions are here; I might have more to say after I read them. UPDATE: The opinions (six of them) are heavily influenced by the peculiar procedural posture of this case; there’s a lot of talk about standing and about interpretation of an earlier injunction in the case, and the validity of that earlier injunction […]
Con Law Exam Kills Law Student
Okay, it was 110 years ago. But still.
Mayor Daley and other Mayors: Seek “redress against the gun industry” in the World Court
April 27 was the tenth annual “Richard J. Daley Global Cities Forum,” held in Chicago. Over a hundred mayors and other local government leaders assembled to discuss global issues. As reported in the Chicago Sun-Times, “Daley convinced more than a dozen of his counterparts from around the world to approve a resolution urging ‘redress against […]
An Unwelcome Endorsement
According to The Hill, Goldman Sachs CEO Lloyd Blankfein endorsed the financial regulation reform legislation during his Senate testimony today. “I’m generally supportive,” Blankfein told the Senate Permanent Subcommittee on Investigations. Wall Street will benefit from the bill because it will make the market safer, Blankfein said. “The biggest beneficiary of reform is Wall Street […]
Typos, and Especially Unclosed Tags
Folks: If you find a typo, and especially an unclosed tag, please e-mail it to us (you can find our e-mail addresses by clicking on contact under the Volokh Conspiracy banner, and then clicking on the blogger’s name) rather than just posting something in the comments. First, we sometimes don’t read the comments, at least […]
The Right to Carry Concealed Guns Debate: Pretty Similar in 1872 and in 2010
An excerpt from Debates of the [1872] Convention to Amend the Constitution of Pennsylvania (some paragraph breaks added). MacVeagh, incidentally, would nine years later briefly serve as U.S. Attorney General; Dallas would later serve as a judge of the U.S. Court of Appeals for the Third Circuit: Mr. Struthers. I move that the Convention go […]