A New Mexico trial court in today’s Morris v. Brandenberg (N.M. Dist. Ct. Jan. 13, 2014) holds that the New Mexico Constitution protects such an unenumerated right, though the U.S. Constitution does not. Not clear what the New Mexico appellate courts will do with this, though.
Author Archive | Eugene Volokh
Mauritanian Convicted of Apostasy
AllAfrica and The Malay Mail Online, as well as other outlets, so report. From AllAfrica: A young Muslim man in Mauritania is facing a possible death sentence after being convicted of apostasy and jailed for having written an article criticising the prophet Mohammed, a judicial source said … He … “was convicted of lack of […]
Nigeria Outlaws Membership in Gay Rights Groups
Reuters reports; the law apparently provides that, Any person who registers, operates or participates in gay clubs, societies and organizations or directly or indirectly makes public show of same-sex amorous relationship in Nigeria commits an offence and shall each be liable on conviction to a term of 10 years in prison. The law also “contains […]
See a Crime and Videorecord It? Go to Prison
That’s what this proposed South Carolina bill (S.B. 878) (sponsored by Sen. Sheheen — who is running for governor — and now before the Senate Committee on the Judiciary) would provide: (A) It is [a felony punishable by up to five years in prison] for a person to produce or create, or conspire to produce […]
What’s the Word for
… a word that cannot effectively be used in conversation (or in writing) because your audience likely doesn’t know what it means? Credit to David Steinberg for the question.
Tim Sandefur Guest-Blogging
I’m delighted to report that Tim Sandefur will be guest-blogging this coming week about his new book, The Conscience of The Constitution, which has just been published by the Cato Institute. Tim is a principal attorney at the Pacific Legal Foundation, a national libertarian public interest legal group that defends economic liberty and private property […]
Right to Carry Guns on Federal Recreation Areas, and Right to Possess in Tents on Those Areas
Today’s Morris v. U.S. Army Corps of Engineers (D. Idaho Jan. 10, 2014) strikes down an Army Corps of Engineers regulation barring possession of loaded guns in recreation areas surrounding Corps dams. The court holds that tents are akin to homes, where Second Amendment rights are protected. The court also holds that the Second Amendment […]
Ford “Know[s] Everyone Who Breaks the Law” Using Cars They Made — Why Aren’t They Doing Something About It?
Business Insider reports that Ford executive Jim Farley stated, in a panel discussion: We know everyone who breaks the law, we know when you’re doing it. We have GPS in your car, so we know what you’re doing. By the way, we don’t supply that data to anyone. He later retracted that, saying Ford doesn’t […]
“A Little Bit of Laches Goes a Long Way”
My colleague Sam Bray is a remedies scholar, which makes him a rarity these days — and he is a remedies scholar who thinks the distinctions between legal remedies and equitable remedies are important and should in large measure be maintained, which makes him doubly rare. He now has a very interesting new paper on […]
Because Oral Sex Is Just So Much Worse for Teenagers Than Genital Sex
Delegate Thomas Garrett has proposed a bill that would make it a felony in Virginia for anyone to have oral or anal sex with a minor. But genital sex? Well, Virginia law would, even if this bill is enacted, provide that genital sex between an adult and a 15-to-17-year-old is a misdemeanor, and sex among […]
“We All Declare for Liberty; but in Using the Same Word We Do Not All Mean the Same Thing”
Apropos the “imposing beliefs on others” post — and in particular debates related to abortion — I thought I’d post this excerpt from a Lincoln speech (his Address at a Sanitary Fair, Baltimore, Apr. 18, 1864). I’ve long found this to be a thoughtprovoking piece, and a useful reminder that “liberty” in the abstract is […]
Your Side Tries to Impose Its Beliefs — My Side Seeks Justice
In many ways, the U.S. News & World Report op-ed condemning Catholics verges on self-parody. The beginning is pretty telling: Supreme Court Justice Sonia Sotomayor just dropped the ball on American women and girls. Et tu, Justice Sonia Sotomayor? Really, we can’t trust you on women’s health and human rights? The lady from the Bronx […]
Proposed Virginia Criminal Ban on “Bullying”
Just introduced today by Delegate Mark Keam: If any person, with the intent to coerce, intimidate, or harass any person, … uses a computer, including an electronic communication device, or computer network to … engage in bullying, as defined in § 22.1-276.01, he is guilty of a Class 1 misdemeanor. [§ 22.1-276.01:] “Bullying” means any […]
“No Firearm May Be Sold, Acquired or Otherwise Transferred Within [Chicago], Except Through Inheritance”
That’s what Chicago Municipal Code § 8-20-100 provides (with some exceptions for sales to police officers, and loans at shooting ranges). Today’s Illinois Ass’n of Firearms Retailers v. City of Chicago (N.D. Ill. Jan. 6, 2014) holds that this violates the Second Amendment (some paragraph breaks added): [The Second Amendment] right must also include the […]
How Mature
The Modern Language Association (not a group with which I normally sympathize much) apparently denied the Daily Caller press credentials for this year’s MLA conference. The response of Eric Owens, “Education Editor” of the Daily Caller? Calling the MLA “douchebags” six times, plus once in the headline of the column, a headline that right now […]