The John Stossel special which I mentioned awhile back will run this Friday on Fox News at 9 pm. Russ Roberts, among others, will appear.
Archive | 2010
Podcast on Virginia v. Sebelius
And on the other Obamacare cases in federal district courts. Rob Natelson and I discuss the various issues. 25 minutes, MP3 from iVoices.org.
Demeaning
To become a member of a circuit Bar, I just had to affirm “that I will demean myself as an attorney.” But at least I have to demean myself “uprightly and according to law.”
Georgia Court of Appeals — Including “Feddie” — Weighs In On Search Incident to Arrest for Cell Phones
One of the fascinating Fourth Amendment questions that courts have recently divided on is how the “search incident to arrest” exception applies to the search of a cell phone. Officers can search anything on the person incident to arrest — letters, booklets, wallets, crumpled packages, and the like — under United States v. Robinson 414 […]
My Non-Unanimous Criminal Jury Case
I’ve just filed a reply brief in Herrera v. Oregon, the case in which I argue that the Jury Trial Clause, as incorporated against the states through the Fourteenth Amendment, should be read to require jury unanimity for a conviction in state court; and the Louisana Criminal Defense Lawyers Association has filed an amicus brief […]
“Department of Justice Enforces the Sharia: Sues Illinois School District for Muslim Teacher Hajj”
By Eugene Volokh on December 14, 2010 2:02 pm in Islamic Law in the American Legal System, Religion and the Law
So reads an Atlas Shrugs headline, discussing this Justice Department press release: The Justice Department today announced it has filed a lawsuit against Berkeley School District, Berkeley, Ill., alleging that the school district violated Title VII of the Civil Rights Act of 1964 by failing to reasonably accommodate the religious practices of Safoorah Khan, a […]
Barack Obama and Gun Control: Effective and Shrewd
The Encyclopedia Britannica Blog is running a series this week assessing the Obama presidency. My entry, with the title above, argues that President Obama has been successful at promoting gun control, taking into account the fact that Obama has faced a Congress with strong pro-gun majorities, and that the Obama administration determined to spend its finite political capital on […]
Corruption in Greece and Ireland and the US? Responding to Drum and McArdle
A few days ago I posted on Chris Caldwell’s fine cover story in this week’s Weekly Standard on the eurozone crisis. In part the article and my post dealt with differences between Greece, on the one hand, and Ireland and Spain, on the other, when it came to corruption and some related issues. The original […]
Citations to Orin’s Articles in the Sixth Circuit’s Warshak Decision
Orin is too modest to mention this, but the Sixth Circuit’s Warshak decision cited two of his law review articles, A User’s Guide to the Stored Communications Act, and a Legislator’s Guide to Amending It, 72 Geo. Wash. L. Rev. 1208 (2004), and Applying the Fourth Amendment to the Internet: A General Approach, 62 Stan. […]
Sixth Circuit Rules that E-Mail Protected by the Fourth Amendment Warrant Requirement
In the last three years, three federal circuits have published opinions on whether the Fourth Amendment applies to e-mail (dividing 2-1). In all three cases, the initial panel opinions were withdrawn or overturned on other grounds, leaving the issue surprisingly unsettled. This morning, the Sixth Circuit handed down an opinion by Judge Boggs that addresses […]
Kurt Lash on Judge Hudson and the Necessary and Proper Clause
My friend, University of Illinois law professor Kurt Lash, has written a comment on yesterday’s decision by Judge Hudson that was inspired by Orin’s critique. I am happy to post it here on his behalf. Critics of Judge Henry E. Hudson’s decision invalidating the health insurance mandate have accused him of failing to consider the […]
Pawlenty v. Public Sector Unions
Minnesota Governor Tim Pawlenty, a likely contender for the 2012 GOP Presidential nomination, inveighed against public employee unions in yesterday’s WSJ. The moral case for unions—protecting working families from exploitation—does not apply to public employment. Government employees today are among the most protected, well-paid employees in the country. Ironically, public-sector unions have become the exploiters, […]
Query: Do You Still Send Out Xmas or Holiday Cards by Snail Mail?
I have told My Beloved Wife that I think it’s time we gave up sending snail mail Christmas cards. It feels like some tipping point got reached a while back, and sending a card triggers this awkward response of the recipient feeling like they have to go get a Hallmark card to send back even […]
From Judge Hudson’s Pen to Justice Scalia’s Ear
Many critics of Judge Hudson’s opinion in Virginia v. Sebelius have shorted his discussion of the Necessary and Proper Clause. (Even some of us who support the opinion have accepted this critique.) But Brooklyn Law’s Jason Mazzone suggests Judge Hudson’s critics are misreading his opinion, which was written more for Justice Scalia than legal academics. […]
A Brief Reply to Orin on the Necessary and Proper Clause
In my post below I wrote that “none of the relevant cases stand for the proposition that it is for Congress, and Congress alone, to determine what may be enacted as necessary and proper to the execution of other constitutional measures.” Orin suggests that a passage from United States v. Comstock, quoting Burroughs v. Untied […]