This recent post has an interesting list of legal citations to Star Trek. Unfortunately, however, the author inexplicably omitted Supreme Court Justice Sonia Sotomayor’s discussion of Vulcans in the oral argument for last year’s video games case.
Author Archive | Ilya Somin
The Takings Clause and Government Destruction of Homeless Persons’ Property
Co-blogger Orin Kerr comments on the Ninth Circuit’s recent decision holding that a Los Angeles policy allowing the seizure of briefly unattended property belonging to the homeless violates the Fourth Amendment’s ban on “unreasonable” seizures. It’s worth noting that the policy also violates the Takings Clause of the Fifth Amendment, which requires government to pay […]
Affirmative Action, Transparency, and Fisher v. Texas
Affirmative action isn’t exactly an issue that brings people together across ideological lines. It’s a divider, not a uniter. But there is considerable cross-ideological agreement on one point: if we are going to have racial preferences for minorities, it’s better to be transparent about it. In the recent SCOTUSblog symposium on the upcoming Fisher v. […]
Federalism, Bond v. United States, and the Treaty Power
When we last we heard of the case of Bond v. United States, the Supreme Court had ruled that a criminal defendant can challenge the constitutionality of a federal statute she was charged with violating on the grounds that it exceeds the scope of congressional power under the Constitution. In a rare unanimous decision on […]
Ed Whelan’s Critique of Posner’s Critique of Scalia
Well-known legal commentator and former Scalia clerk Ed Whelan has an interesting critique of Judge Richard Posner’s very negative review of Justice Scalia’s recent book on legal interpretation (coauthored with Bryan Garner).
Academics’ Letter of Support for Colorado Amendment 64 – A Marijuana Legalization Initiative
I am one of over 100 academics in various disciplines who signed a letter supporting Colorado Amendment 64, a referendum initiative which would legalize marijuana possession and sales in that state for residents over the age of 21, and generally institute a regulatory regime for marijuana similar to that currently in force for alcohol. The […]
Richard Epstein on Hayek
NYU law professor Richard Epstein has an excellent short summary of F.A. Hayek’s thought and its continuing relevance today. Along the way, Epstein explodes various claims that Hayek’s thought had little intellectual merit and little influence until Tea Partiers and Republicans like Paul Ryan popularized it over the last few years. In reality, as I […]
Why It’s Likely to be a Close Election Decided by Ignorant Swing Voters
In this recent column, political analyst Sean Trende explains why the current state of the economy is likely to lead to a very close election in November. Various pundits have suggested that Romney should be doing much better in the polls, given the weak economy. Romney is indeed a far from inspiring candidate. But, as […]
Neil Armstrong, RIP
Neil Armstrong, the first man to walk on the Moon, has just passed away. He is one of the very few people about whom we can predict with a high degree of confidence that he will still be remembered centuries from now. The Moon landing is likely to be considered an epochal event in world […]
Would the North be Better Off Without the South?
The New York Times has a review of a recent book by travel writer Chuck Thompson which argues that the rest of the country would be better off if the South seceded. In the nineteenth century, the main advocates of secession were southern supporters of slavery, though a few northerners flirted with the idea too. […]
The Rise of Asset Forfeiture Abuse
By Ilya Somin on August 23, 2012 4:55 pm in Asset Forfeiture, Due Process Clause Property Rights, Property Rights
Co-blogger Orin Kerr describes a planned effort by one local government to raise revenue by increasing asset forfeitures through the use of drug-sniffing dogs. Unfortunately, this is just one example of a growing trend of using asset forfeiture as a fundraising tool for law enforcement agencies. In this recent post, I rounded up many sources […]
Debate over the Individual Mandate Decision at the University of Toledo
This Thursday at noon, I will be debating the Supreme Court’s recent decision upholding the individual health insurance mandate, at the University of Toledo College of Law. Toledo law professor Rebecca Zietlow, author of several important articles on the health care law and related issues, will be defending the constitutionality of the mandate. For my […]
Johnny Pesky, RIP
Boston Red Sox legend Johnny Pesky passed away today. Gordon Edes of ESPN has a good obituary here: More than anybody else, Johnny Pesky embodied the Red Sox. More than anybody else, Johnny Pesky loved the Red Sox. More than anybody else, Johnny Pesky shared that love with anyone who ever asked for a picture, […]
The Boy Scouts’ Other Discriminatory Policy
Over the last decade, a lot of attention has focused on the Boy Scouts’ policy banning gays and lesbians from participating as Scouts or working for the organization. Most recently, a group of Eagle Scouts have returned their merit badges in protest of the policy. Unfortunately, very few have protested the Boy Scouts’ equally unjustified […]
Public Ignorance About Paul Ryan
Political scientists John Sides and Lynn Vavreck have a helpful post summarizing survey data showing that most of the public knows little or nothing about newly selected GOP vice presidential nominee Paul Ryan: A series of polls done by YouGov for the Cooperative Campaign Analysis Project suggests that most people have never heard of Paul […]