Today’s WSJ has a debate between two members of its editorial board, Matthew Kaminski and Bret Stephens, over France’s decision to prohibit people from concealing their faces in public. The legislation is generally understood as a measure to prohibit women from wearing burqas with face veils in public. Stephens supports the measure (at least for […]
Archive | 2010
I did NOT disrespect Jay-Z
Earlier this week, I was the subject of a false Tweet. It claimed, more or less: ” Everybody’s jaw in the room dropped when @davekopel said that Jay -Z is the most over-rated hip-hop artist. LOL.” This way followed by a link, which (being in the typical TinyURL format) gave no clue as to its […]
Are corporate law students nerdier than other law students?
This is a question raised by The Race to the Bottom, a DU Law School blog. Please discuss.
Further Thoughts on Today’s Second Circuit ATS Decision on Corporate Liability
I’ve now had a chance to read a little more closely the decision, majority and concurrence, in Kiobel v. Royal Dutch Petroleum (issued today by a 2nd Circuit panel of Judge Cabranes writing for himself and Judge Wood, and a concurrence in the judgment by Judge Leval). On second reading, it still looks to me […]
“Respondent May NOT Use Internet in Any Manner to Communicate About Petitioner Ever Again”
That’s the order that a Wisconsin court issued in telling an ex-wife that she may not speak online about her ex-husband (emphasis in original). A similar order (though only for four years, and not “ever again”) was issued barring the ex-wife from speaking online about her ex-husband’s lawyer. The ex-wife apparently violated the order, and […]
Planning to Burn a Koran = $200,000 Bill from the Government for Policing Costs?
By Eugene Volokh on September 17, 2010 5:01 pm in "Hate Speech", Freedom of Speech, Religion and the Law
The Gainesville Sun reports: The cost of policing the Dove World Outreach Center for the planned Quran burning that never happened is expected to come to about $100,000 each for the Gainesville Police Department and the Alachua County Sheriff’s Office, officials say. And Gainesville City Manager Russ Blackburn said the city intends to present a […]
Cordray v. Fisher on the Constitutionality of ObamaCare
Today’s Constitution Day program at Case Western Reserve University is a debate on the constitutionality of health care reform between Ohio Attorney General Richard Cordray and Indiana Solicitor General Thomas Fisher. Indiana is among the states that have challenged the constitutionality of the program; Ohio is not. I’m liveblogging this event below the fold. I’ll […]
Breaking: 2nd Circuit Rules No Corporate Liability in Alien Tort Statute Cases
I have just now been forwarded a copy of the 2nd Circuit opinion released today in Kiobel v. Royal Dutch Petroleum. (I should say “apparently the court rules” that there is no corporate liability, because I have hastily read it in the last couple of minutes. More from Julian Ku at OJ.) Unless I am […]
First Amendment Scholars’ Amicus Brief in the Violent Video Games Case
I’m pleased to report that Don Falk, Rita Lomio, and I are filing today an amicus brief in the Court’s forthcoming violent video games case (Schwarzenegger v. Entertainment Merchants Ass’n), on behalf of Profs. David Cole, Ken Karst, David Post, Martin Redish, William Van Alstyne, Jonathan Varat, and Adam Winkler. The brief aims to distinguish […]
Academic Legal Writing Is Now Available for the Kindle
I’m pleased to report that the latest edition (the 4th) of my Academic Legal Writing book is now available for the Kindle. Here’s one of my favorite reviews, which was written by a professor (Norman Garland) with regard to an earlier edition, but which I think should apply to the new one as well: Last […]
Judicial Quote of the Day, from the Chevron Ecuador Litigation
“While this court is unfamiliar with the practices of the Ecuadorian judicial system, the court must believe that the concept of fraud is universal, and that what has blatantly occurred in this matter would in fact be considered fraud by any court. If such conduct does not amount to fraud in a particular country, then […]
Is it Unconstitutional for DC Police to Enforce the Property Rights of Muslims Who Segregate Women in their Religious Institutions?
By Ilya Somin on September 16, 2010 10:00 pm in Property Rights, Religion and the Law, Religious Freedom
Back in June, I wrote a post defending the actions of the DC authorities who enforced the property rights of Muslim traditionalists who expelled several women from the local Islamic Center for trying to worship next to men. As an atheist and a libertarian, I have little sympathy for their views. However, a free society […]
Justice Breyer Clarifies Earlier Remarks, Suggests Koran-Burning Is Constitutionally Protected After All
Josh Gerstein (Politico) has transcripts of Breyer’s Good Morning America remarks, which seemed to suggest that Koran-burning might be constitutionally unprotected, but also his more recent Larry King Live remarks, which pretty strongly suggest that Koran-burning is indeed constitutionally protected. To recap, the earlier remarks were ambiguous. Stephanopoulos asked whether globalization and the Internet, and […]
A Question About Tea Party Politics
Who are the “Tea Party”-backed candidates who are not social conservatives? I realized that it can be hard to identify who exactly is a Tea-Party backed candidate. But it seems to me that most or all of the major candidates associated with the Tea-Party movement are social conservatives. Are there any exceptions, and if so, […]
The Tea Party as Spontaneous Order:
Cool article by Jonathan Rauch on the organizational structure of the Tea Party.