The Volokh Conspiracy (20)

Against the positive law model in the Carpenter cell-site case

My friend and colleague Will Baude blogged yesterday about the positive law model of the Fourth Amendment and its possible role in the Carpenter Supreme Court case. I thought I would chime in on why I disagree. In my view, Will's positive law approach is seriously flawed as a method of interpreting ...

'What does consent on the dance floor look like?'

Here, I thought it looked like people dancing, but Princeton University's Sexual Harassment Assault/Advising, Resources & Education passed along this other view: Because apparently Princeton students have to be told , frequently , that it's okay for them to stop dancing if they aren't into it any ...

'Disgorgement' and the restitutionary remedies

Law and economics scholars and scholars in the field of remedies do not talk to each other very much. That is bad for both fields. I make that argument in detail in an article forthcoming in the Oxford Journal of Legal Studies: “Remedies, Meet Economics; Economics, Meet Remedies.” (For a ...

The American Indian foundation of American gun culture

This essay is based in part on Nicholas J. Johnson, David B. Kopel, George A. Mocsary & Michael P. O'Shea, “Firearms Law and the Second Amendment: Regulation, Rights, and Policy,” 2nd edition . It is widely agreed that the United States has an exceptional gun culture. Although Great ...

Qatar prince, anti-Islam site, defamation law and WordPress: The future of libel litigation?

Hamad bin Abdullah bin Khalifa al Thani is a member of the royal family of Qatar, and co-owner and chief executive of Qatar Investment & Projects Development Holding Co. . He is not Hamad bin Abdallah bin Thani al Thani, who was apparently convicted in Czech court of sexually abusing underage ...

What landmark event occurred May 24, 1844, in the U.S. Supreme Court?

I suppose I should have known this, but I just learned it yesterday, and thought I'd mention it.

:@WilliamBaude: Carpenter v. United States and the positive law model

Another Supreme Court case I've been following this fall is co-blogger Orin Kerr's favorite, Carpenter v. United States. As folks will know from reading Orin's blog posts or his superb amicus brief, the case asks whether it is a search for the government to obtain historical cell-site location data ...

The left reconsiders zoning

Many on the political left have begun to rethink restrictive zoning and point out the ways in which it makes housing more expensive for the poor and lower middle class, and deprives them of job opportunities. Historically, zoning has deep roots in progressive thought, and today it is most ...

Federal court rules that Trump's executive order targeting sanctuary cities is unconstitutional

In a ruling issued last night, Federal district judge William Orrick permanently blocked enforcement of  President Donald Trump's executive order cutting off federal funds to “sanctuary cities,” which refuse to assist federal efforts to deport undocumented immigrants - particularly ...

Federal court rules that Trump's executive order targeting sanctuary cities is unconstitutional

In a ruling issued last night, Federal district judge William Orrick permanently blocked enforcement of of President Donald Trump's executive order cutting off federal funds to “sanctuary cities,” which refuse to assist federal efforts to deport undocumented immigrants - particularly ...

You Don't Need a Canon

This is “You Don't Need a Canon”, a song that I wrote over the Labor Day weekend, and which I just performed for my Legislation & Regulation classes today. My accompanist, who also arranged the music, is my student Josh Pender. Warning: You might find this fairly incomprehensible unless ...

Short Circuit: A roundup of recent federal court decisions

After the U.S. Supreme Court's Kelo decision, Georgia lawmakers strengthened protections for property owners facing eminent domain. Are the reforms the law of the land or are they, as local officials recently argued to the Georgia Supreme

Does the Administrative Procedure Act authorize national injunctions?

Injunctions are remedies given by courts. They are orders for the defendant to do or refrain from doing some act. Traditionally, injunctions have protected the plaintiff, but only the plaintiff — injunctions haven't protected people who aren't parties to the case. But federal judges now sometimes ...

No deportation to Jordan for woman who seems at risk of honor killing

An interesting opinion handed down Friday by the U.S. Court of Appeals for the 6th Circuit, Kamar v. Sessions: Kamar is a native of Lebanon and a citizen of Jordan. She was born in Lebanon in 1964, but moved to Jordan as a young child. Kamar and her family are Catholic, but adhere to Islamic

More on libertarian skepticism about democracy – a rejoinder to Will Wilkinson

Will Wilkinson of the Niskanen Center has posted an insightful response to my critique of his essay blaming libertarian skepticism of democracy for many of the flaws of the present-day Republican right . In my earlier post, I argued that Wilkinson was wrong to associate libertarian skepticism ...

Four thoughts on the briefing in Carpenter v. United States

I have a long post over at Lawfare on the briefing in Carpenter v. United States. The post begins: The Supreme Court will hear argument on Nov. 29th in Carpenter v. United States, a case on whether the Fourth Amendment applies to government collection of historical cell-site records. I wrote an ...

Sheriff threatens prosecution for vulgar anti-Trump/anti-Trump-voter sticker on pickup

I have received numerous calls regarding the offensive display on this truck as it is often seen along FM 359. If you… Posted by Sheriff Troy E. Nehls onWednesday, November 15, 2017 Fort Bend County Sheriff Troy E. Nehls thinks the sticker is illegal : I have received

Political ignorance and The Captured Economy'

In their excellent new book The Captured Economy, Niskanen Center scholar Brink Lindsey and political scientist Steven Teles argue that the “capture” of government regulation by wealthy interest groups has slowed economic growth, increased inequality, and inflicted great harm on the ...

Letting your gun's serial number corrode is not a crime

From Commonwealth v. Ford, decided Tuesday by a Pennsylvania appellate court: Section 6110.2 provides in pertinent part: No person shall possess a firearm which has had the manufacturer's number integral to the frame or receiver altered, changed, removed or obliterated.' … To ensure that ...

On Roy Moore's constitutional ignorance

When former Alabama Supreme Court chief justice Roy Moore won the Republican Senate primary in Alabama, conservative politicians rushed to endorse him. Citing his alleged fealty to the Constitution and the rule of law, they urged Alabama voters to support him. Former House speaker Newt Gingrich ...