From the introduction of last week’s decision in Henry v. Purnell, handed down by the Fourth Circuit: Robert Purnell, a deputy sheriff in Somerset County, Maryland, attempted to execute a warrant for Frederick Henry’s arrest. Henry fled on foot and Deputy Purnell gave chase, mistakenly drawing his firearm, instead of his taser, and shooting Henry […]
Archive | 2010
Alien Frontiers of Global Governance
Congratulations to David Bosco and the rest of the folks at American University’s School of International Service on the conference over the last couple of days on the future of global governance. I took part on a panel on how to globally govern for which my advice, readers will not be surprised to learn, was […]
This Bud’s Not for You
The California Beer and Beverage Distributors is opposing a California ballot proposition that would legalize marijuana within the state. No surprise there. Some of the CBBD’s members may fear legal marijuana would compete with beer. Interestingly, the CBBD claims it is not opposed to legalization in principle, just the poor wording of this specific proposal. Josh […]
The Secret Committee to Save the Euro
The weekend WSJ has a fascinating, lengthy piece of extended investigative financial journalism – “On the Secret Committee to Save the Euro, a Dangerous Divide.” Congratulations to WSJ reporters Marcus Walker, Charles Forelle, and Brian Blackstone for outstanding research and writing. Here’s a bit from the opening; if you have access to the Journal, and […]
“Stealing Lunch Money”
Is it just me, or is there something rather inapt in the UPI headline “Big 5 stealing liberal justices’ lunch money”? The article is simply discussing the recent, often 5-4, conservative Supreme Court rulings. It seems to me there are some substantive weaknesses in the article. It doesn’t mention the recent high-profile constitutional cases in […]
Just Married
My lovely wife Alison and I recently returned from our wedding (NY Times announcement here). Several VC Conspirators were in attendance. We would like to thank all of our readers and fellow denizens of the blogosphere for their good wishes. We would also like to express our gratitude to Judge Jerry E. Smith of the […]
“Why Aren’t Things Like This Ever Mentioned on This Blog”
A commenter writes, in the Blasphemy Arrests in England thread (after suggesting that the reported arrests may be less significant than some argue): … Also why aren’t things like this ever mentioned on this blog: http://www.telegraph.co.uk/news/worldnews/europe/russia/7885474/Museum-curators-convicted-over-Mickey-Mouse-painting.html I’m very glad that we have so many attentive readers, but I’m sure that even the most attentive of […]
Pastors Getting Political
Via Paul Caron comes this story from USA Today about “Pulpit Freedom Sunday,” an effort by 100 preachers around the country to challenge IRS rules that threaten churches with the loss of nonprofit status if they endorse candidates. The pastors will explicitly urge their congregations to support specific candidates in their sermons today. Given the […]
Administration Invokes State Secrets in Targeted Killing Case
The Washington Port reports the Justice Department “reluctantly” invoked the state secrets doctrine in seeking dismissal of a lawsuit challenging the alleged targeting of Anwar al-Aulaqi, a radical Islamic cleric (and U.S. citizen) believed to be in Yemen. Justice Department spokesman Matthew Miller said that the groups are asking “a court to take the unprecedented […]
Lethal Injection with Nothing to Inject
There is a national shortage of one of the primary drugs used for lethal injections, thiopental sodium. Ohio only has enough of the drug for two more executions, at which point it will need to grant temporary reprieves or develop a new lethal injection protocol (which would, in turn, invite a new round of legal […]
It Takes a Village to Win a Case (or at Least for Me to Win a Case)
Lots of people helped me with the Nebraska free speech / cyberspace law case that the Nebraska Supreme Court just decided, so I wanted to publicly thank them. (All the documents to which I refer are available here.) Many thanks to: Gene Summerlin of Ogborn, Summerlin & Ogborn, our local counsel, and Vern Schulte, for […]
Nebraska Supreme Court Decision on Offensive E-Mails
By Eugene Volokh on September 24, 2010 2:29 pm in Freedom of Speech, Freedom of Speech at Colleges and Universities
Here is an edited version of the opinion in the First Amendment / cyberspace law case that I briefed and argued, and that the Nebraska Supreme Court just decided today. It shouldn’t be terribly surprising or novel to those who know First Amendment law (though the Nebraska Court of Appeals decision that the Nebraska Supreme […]
J Street Credibility: Not So Good
JStreet, the liberal lobby group that proclaims itself to be the “pro-peace, pro-Israel” alternative to AIPAC, has denied that it receives funding from George Soros. Here is what the organization’s “myths and facts” page said, and still says: Myth: Liberal financier George Soros founded and is the primary funder of J Street. Fact: George Soros […]
Bleg: Judicial Opinion Asides Teeing Up Future Cases?
A friend and colleague on my faculty is doing some initial forays into judicial opinions that offer an aside, or a footnote, or some bit of seemingly innocuous language in an opinion that, innocuous in the context of that decision, seems innocuous. But it sets up a later question, as a sort of ticking time […]
Nebraska Supreme Court Reverses Disturbing-the-Peace Convictions for Sending Rude E-Mails to Professor Who Was Running for the Legislature
By Eugene Volokh on September 24, 2010 10:04 am in Freedom of Speech, Freedom of Speech at Colleges and Universities
This is the case that I briefed and argued last year (see here for my initial post about the petition for review to the Nebraska Supreme Court, and here for the various documents in the case, including the Nebraska Court of Appeals decision that had upheld the convictions). I’ll post more on the subject today, […]