Josh Wright has the story of Microsoft’s apparent use of antitrust laws to protect itself from competition from Google. Josh’s explanation certainly seems more plausible than the theory offered by Joshua Gans that Microsoft has simply become more enlightened about the virtues of antitrust laws.
Archive | 2010
Best Books on American Conservativism:
Some time back I posted the list by Mitch Daniels of his five best books on conservatism. The same website (fivebooks.com) solicited the views of several others on the same topic. Fivebooks has now gone back to all of those who participated and assembled their composite list, as they voted on each others’ entries as […]
Does A Criminal Law That Bans Giving a Sightseeing Tour Without A License Violate the First Amendment?
The Institute for Justice thinks so, and has just filed this lawsuit in DC challenging DC’s tour guide licensing law.
“Catholic Rioters Kill Dozens, Injure Hundreds”
See here for more (apropos the UK “immaculate conception” ice cream ad).
“What Are D.C. Police Doing Enforcing Shariah Law?”
So asks a Pajamas Media column by Prof. Ronald Rotunda (whose work on other matters I generally much respect, by the way). Except that it turns out that D.C. police are actually enforcing the good old American law of trespass, by support a property owner’s choice about whom to allow on its property. Here the […]
Agency Failure, Legal Liability and Jurisdiction, and International Organizations
On occasion, I have lamented what I perceive as the lack of due attention in the scholarly literature to the actual circumstances of international organizations, starting with the UN. One of those fundamental issues concerns accountability, in the special sense that there is no obvious judicial forum for reviewing actions even of individuals alleged to […]
Advertisement Banned in the UK Because of Blasphemy
By Eugene Volokh on September 16, 2010 11:42 am in Blasphemy, Freedom of Speech, Religion and the Law
From the UK Advertising Standards Authority: A magazine ad for Antonio Federici ice cream showed a heavily pregnant woman dressed as a nun standing in a church holding a tub of ice cream in one hand and a spoon in the other. Text stated “Immaculately Conceived … ICE CREAM IS OUR RELIGION”…. Ten readers challenged […]
The Case for a ‘Repeal Amendment’
William Howell, the Speaker of the Virginia House of Delegates, and I have an op-ed in today’s Wall Street Journal making the case for a constitutional amendment giving 2/3 of state legislatures the power to repeal any federal law or regulation. Here is the wording of the Repeal Amendment: “Any provision of law or regulation […]
”How Tea Party Organizes Without Leaders”
Jonathan Rauch has this interesting piece on the Tea Party in National Journal. Thanks to Instapundit for the link.
Alinskyite?
I’m a bit conflicted as to whether to comment on my co-blogger Jim Lindgren’s new post once again criticizing a fundraising e-mail sent by BarackObama.com to its mailing list. But just quickly, I see that e-mail as a pretty standard fundraising message. If there’s something specifically “Alinskyite” about that, I don’t know what it is.
Is the Judicial Takings Issue Headed Back to the Supreme Court?
Just three months ago, in the Stop the Beach Renewal case, the Supreme Court split 4-4 over the question of whether a decision by a state court could violate constitutional property rights in a way that amounts to a “taking” requiring compensation under the Fifth Amendment. Recently, the Montana Supreme Court issued a decision in […]
The Latest From BarackObama.com: The Alinskyite Attack on Boehner Continues
On Wednesday afternoon, I received the following email missive from BarackObama.com: James — The special interests in Washington are not happy, and it’s because of something you did. Since President Obama moved into the White House, this movement has stripped them of their influence, proving we could take on the lobbyists and corporate cash with […]
Pulled My Last Post …
… pending Randy having a chance to put something up on it first. I’ll re-post it later, but I think it’s makes more sense than having me jump in with a side question on treaties.
Talks Thursday and Monday
Tomorrow (Thursday) at noon, I’m presenting a Constitution Day lecture at George Mason Law School. Unsurprisingly, the topic is “Rehabilitating Lochner.” We’re meto (Orange Line: Clarendon or Virginia Square) accessible, and the public is welcome. On Monday at noon, I will be providing comments at a Cato Institute book forum on Tim Sandefur’s excellent new […]
Should Conservative and Libertarian Law Students Consider a Career in Legal Academia?
As I’ve noted on this blog before, and despite the occasional contrary protestation, there is no doubt that conservatives and libertarians face discrimination when seeking academic jobs. But that shouldn’t necessarily stop a motivated individual from pursuing an academic career. Here are some additional things to consider: (1) The amount of discrimination one faces is […]