Archive | 2010

Third Annual VC March Madness Tourney:

Back again for the third annual VC March Madness Tournament. The bracket is available on cbssportsline (so you have to register if you haven’t already): http://volcon.mayhem.cbssports.com/e The password is “Volokh” (be sure to capitalize the V).  One bracket per person, please. Note that I’ve configured the rules to multiply the points for the round by […]

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UNC Talk Tomorrow (Thursday):

For any VC’ers in the Research Triangle area looking for something interesting to do during lunchtime tomorrow, I’ll be giving a talk (sponsored by the Federalist Society and the Carolina Intellectual Property Law Society) on Jefferson, his moose, the Internet, natural law, and related matters at the U. North Carolina Law School starting at noon, […]

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Does Hayek Belong in High School Economics Classes?

At the Freakonomics blog, economist Justin Wolfers criticizes a recent Texas Board of Education effort to include the work of F.A. Hayek in high school economics classes. He sees it as a “conservative” ideological mandate that isn’t justified by Hayek’s scholarly influence: Sunday’s New York Times reported on attempts by the Texas Board of Education […]

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Lochner v. New York as a Test Case

Many of the most important cases in American constitutional law have not involved true cases or controversies. Instead, they involved individuals or organizations who intentionally set up a test case to challenge a law they disliked. Prominent examples include Plessy v. Ferguson and Griswold v. Connecticut. I think we can add Lochner v. New York […]

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Kalt’s Law

Prof. Brian Kalt reports: I thought you might be interested in the following ironclad law of American presidential politics. I call it Kalt’s Law: “Under the modern two-party system, if a candidate has facial hair, the Republican always has as much, or more, than the Democrat.” Some notes. 1. It would be the case that […]

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Why Recalls of U.S. Senators Are Unconstitutional

I wanted to briefly elaborate why I think it’s clear that mandatory recalls of U.S. Senators are unconstitutional, even when authorized by state law. (Advisory recalls, in which the voters vote to ask their Senator to resign, should be just fine, but that’s a separate matter.) The relevant constitutional provision is the Seventeenth Amendment, though […]

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New Jersey Appellate Court Allows Continued Signature Gathering for Recall of U.S. Senator Robert Menendez

Here’s the opinion. To my surprise, the court concluded that it’s uncertain whether the recall would be constitutional. (My view is that a mandatory recall would clearly be unconstitutional, since the Constitution expressly states that Senators serve for six years; and while I have suggested that an advisory recall might be fine — though it […]

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The Good Faith Exception for Changing Law: Recent Developments

I’ve been running a series of posts about the good faith exception for changing law, and I wanted to flag three new developments just in the last week: 1. Today the Ninth Circuit denied DOJ’s petition for rehearing en banc in Gonzalez, the case rejecting the exception, so the clear circuit split stays: United States […]

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Seeking Help From Magistrate Judges

I posted a draft of my new forthcoming article earlier today, and it occurs to me that I should make a special request: I would particularly like to receive comments on the article from federal magistrate judges. The gist of the article is that magistrate judges don’t have the power to do something that a […]

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EEOC Determination in the Debbie Almontaser / Khalil Gibran International Academy / Intifada NYC T-Shirt Case

The New York Times reports, linking to the full determination. Here’s the background: The controversy surrounding the dual-language [English-Arabic public] school [the Khalil Gibran International Academy] began in early 2007, shortly after the city announced that Ms. Almontaser, a longtime teacher, would lead it. A group of opponents, including conservative commentators and a City University […]

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We Got Screwed!

I’m not ordinarily the complaining sort – really. But my boys on the Temple basketball team really got shafted by the NCAA Committee this time around, and it burns me up. A #5 seed?? The A-10 regular season champion and tournament champion? Temple’s RPI places it number 8 in the country — the teams on […]

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