I'm not that wild about the word; but if people really do want to be snarky, it seems to me they should be describing their opponents' views as meager and hollow, but crisp.
--Posted by Eugene Volokh to The Volokh Conspiracy at 11/11/2003 01:27:45 PMPowered by Blogger Pro
]") is not by itself much of an argument.
--Posted by Eugene Volokh to The Volokh Conspiracy at 11/11/2003 02:28:47 PMPowered by Blogger Pro
owels of Christ, think it possible you may be mistaken." Good advice in lots of contexts, but especially when speech is being condemned as so obviously false that it deserves to be suppressed.
--Posted by Eugene Volokh to The Volokh Conspiracy at 11/11/2003 04:23:00 PMPowered by Blogger Pro
(as counted by eXTReMe Tracking) yesterday.
--Posted by Eugene Volokh to The Volokh Conspiracy at 11/11/2003 05:42:23 PMPowered by Blogger Pro
at the Guantanamo Bay Naval Base, Cuba.My prediction: The Court will answer this question "no," following Johnson v. Eisentrager (1950).
--Posted by Eugene Volokh to The Volokh Conspiracy at 11/10/2003 11:02:07 AMPowered by Blogger Pro
___
Volokh
(if there is such an edition) that deals with this subject.
If you're a current or former law review editor who has thought about this, and have some tips, I'd love to hear from you -- please e-mail me at volokh at law.ucla.edu.
--Posted by Eugene Volokh to The Volokh Conspiracy at 11/10/2003 03:00:31 PMPowered
esn't want to take the trial seriously).
--Posted by Eugene Volokh to The Volokh Conspiracy at 11/7/2003 09:16:36 AMPowered by Blogger Pro
tutional right to sever that relationship, that to me is a bug (at least in this instance), not a feature, because here I do think that the best interests of the child should make the difference. (Query whether that means the best interests of the child should also be completely dispositive as to the pare
pond to the petition by no means assures that cert will be granted. Traditionally the Court hears approximately only 1 in every 20 IFP cases such as this one in which it requests a response. . . .Marty (who is A Man Who Knows His Stuff) also links to this new law.com piece on the case.
--Posted by Eugene
Here's the Reporters Committee for Freedom of the Press amicus brief urging the Court to grant cert. Thanks to Becky Dale for the pointer.
--Posted by Eugene Volokh to The Volokh Conspiracy at 11/5/2003 06:46:17 PMPowered by Blogger Pro
Michael Froomkin here, against Brown; Stephen Bainbridge here.
--Posted by Eugene Volokh to The Volokh Conspiracy at 11/3/2003 06:02:46 PMPowered by Blogger Pro
st, but even if he were, multilateralism is no free lunch. What critics of American unilateralism are really unhappy with is not Donald Rumsfeld's big mouth or Dick Cheney's big stick. Their complaint is with the hard geopolitical facts of life in a new and uneasy time. It's the world, stupid.
g labeled a harasser (one who creates a "hostile environment"), and, if I read the Student Handbook right, potential discipline and loss of computer access.
This is not, it seems to me, how debate on gay rights, or for that matter on race or on Islam should proceed -- by trying to shut out one set of voices, while supposedly "affirm[ing] the right of campus organizations to hold different points of view and to disagree."
--Posted by Eugene Volokh to The Volokh Conspiracy at 10/29/2003 10:02:23 AMPowered by Blogger Pro
for libel, your publisher (your ISP or blogger.com) doesn't run that risk. Not perfect protection by any means, and not available for employee-bloggers like Mickey, but it's something.
--Posted by Eugene Volokh to The Volokh Conspiracy at 10/28/2003 09:50:56 AMPowered by Blogger Pro
A nice and well-written piece in Slate's Ad Report Card e-column.
--Posted by Eugene Volokh to The Volokh Conspiracy at 10/28/2003 10:33:12 AMPowered by Blogger Pro
existed, and now know one did not exist, then our military must depart immediately. This is the only honorable course.
Alternative: The administration admits that other reasons, possibly valid, were the real reasons all along.Curiously, the word "simple" (as in "IT'S THIS SIMPLE&qu
n anyone's throats, either. So long as the radio only works when you turn it on, it's a nice, voluntary business all around, whether it needs a subsidy or not.
--Posted by Eugene Volokh to The Volokh Conspiracy at 10/28/2003 11:04:23 PMPowered by Blogger Pro
ldiers are being killed. Remember that when you next hear about a supposed "anti-war rally"; remember who is using the protesters as dupes, and what the rally organizers' true goals are.
Thanks to Andrew Sullivan and Michael Totten for the pointer.
--Posted by Eugene Volokh to The Volokh
-- and, unfortunately, the linchpin of the article's argument. I generally much like NRO, but here they've seriously slipped.
--Posted by Eugene Volokh to The Volokh Conspiracy at 10/29/2003 12:12:54 AMPowered by Blogger Pro
The Substance of Style, here.
--Posted by Eugene Volokh to The Volokh Conspiracy at 10/27/2003 09:02:04 AMPowered by Blogger Pro
that the cartoon is from the Black Commentator site, and accompanies the People for the American Way / NAACP press release -- it accompanies the release only on that site; the decision to combine the two seems to have been made the Black Commentator site operators, not PFAW or NAACP. --Posted by Eugene Volokh to The Volokh Conspiracy at 10/27/2003 09:20:45 AMPowered by Blogger Pro
stupidity (or, if you prefer, a subconscious desire to get caught and publicly humiliated) goes, this incident is right up there.
--Posted by Eugene Volokh to The Volokh Conspiracy at 10/27/2003 09:34:23 AMPowered by Blogger Pro
that the law is trying to avert. I?ll consider what this shows about the effect of the Internet on constitutional law. And, finally, I?ll discuss what, if anything, this tells us about courts? and legislatures? regulating dual-use materials more broadly.
--Posted by Eugene Volokh to The Volokh
lly. And by getting a reputation as an institution that's willing to stand by its faculty, the university will probably decrease the number of demand letters and credible lawsuit threats that it's going to get.
--Posted by Eugene Volokh to The Volokh Conspiracy at 10/25/2003 04:53:50 PMPowered by Blogger Pro
has done its damage. But awards themselves are just gestures, and revocations are the best countergesture that can now be made.
--Posted by Eugene Volokh to The Volokh Conspiracy at 10/24/2003 09:43:43 AMPowered by Blogger Pro
of the academic year"? Thanks to How Appealing for the pointer.
--Posted by Eugene Volokh to The Volokh Conspiracy at 10/24/2003 10:50:26 AMPowered by Blogger Pro
nt grounds. The Court sided with Cunningham, relying (correctly) on Cohen v. California, 403 U.S. 15 (1971), which upheld Cohen's right to wear a jacket that contained the words "Fuck the Draft." Just thought you'd want to know.
--Posted by Eugene Volokh to The Volokh Conspiracy at
The new En Banc blog has a nice post about this, but I just particularly like the term, which I hadn't heard before.
--Posted by Eugene Volokh to The Volokh Conspiracy at 10/23/2003 09:25:03 AMPowered by Blogger Pro
per editors shouldn't get "the creeps" from the prospect of publishing a correction -- though they should get it from the realization that the correction is necessary.
Many thanks to reader Bill Rudersdorf, for pointing me to this.
--Posted by Eugene Volokh to The Volokh Conspiracy at 10/23/2003 02:27:02 PMPowered by Blogger Pro
war -- becomes the subject of leaks and bad press, you tend to get less of it. --Posted by Eugene Volokh to The Volokh Conspiracy at 10/22/2003 10:22:57 AMPowered by Blogger Pro
--Posted by Eugene Volokh to The Volokh Conspiracy at 10/21/2003 09:32:45 AMPowered by Blogger Pro
are constitutional under existing law, not the sometimes different question of whether courts would step in to decide the question. Second, I strongly suspect that Gen. Boykin would in any event not sue over any dismissal or other discipline.
--Posted by Eugene Volokh to The Volokh Conspiracy at 10/21/2003
InstaPundit is now posting at http://instabackup.blogspot.com, because Hosting Matters is again under hack attack. Visit him there; there are lots of posts this afternoon.
--Posted by Eugene Volokh to The Volokh Conspiracy at 10/21/2003 02:16:34 PMPowered by Blogger Pro
. Setting aside the morality or rightness of LTG Boykin's comments, this issue seems to be fairly cut and dry to me. LTG Boykin should not be allowed to break the rules. --Posted by Eugene Volokh to The Volokh Conspiracy at 10/21/2003 02:18:39 PMPowered by Blogger Pro
e to add more detail and nuance. But for me (and I think for many other writers), the first impulse is often to write something that's too complex, so I then have to trim it down.
--Posted by Eugene Volokh to The Volokh Conspiracy at 10/21/2003 03:09:00 PMPowered by Blogger Pro
t see any justification for an air of mystery here.
--Posted by Eugene Volokh to The Volokh Conspiracy at 10/21/2003 05:36:15 PMPowered by Blogger Pro
is at http://pejmanbackup.blogspot.com -- he has temporarily fallen victim to the Hosting Matters problems, too.
--Posted by Eugene Volokh to The Volokh Conspiracy at 10/21/2003 06:03:32 PMPowered by Blogger Pro
Afros (and as best I can tell, Justice Brown has neither particularly large lips nor particularly large hair, so it's not like they're mocking her own well-known personal characteristics) might want to note this one.
--Posted by Eugene Volokh to The Volokh Conspiracy at 10/21/2003 06:13:32 PMPowered
tally ill," but even when the defendant is perfectly sane but just legally untrained. For the other side, read the Faretta v. California majority opinion itself.
--Posted by Eugene Volokh to The Volokh Conspiracy at 10/21/2003 08:35:03 PMPowered by Blogger Pro
g around and fighting with other people? If you want "a scientific society," do you really need Zeus, whether you think he's real or metaphorical, to do it?
--Posted by Eugene Volokh to The Volokh Conspiracy at 10/20/2003 09:15:26 AMPowered by Blogger Pro
ised those rights by choosing not to publish Easterbrook's speech any more. I disagree with ESPN's decision, but they have a perfect legal right to make it.
--Posted by Eugene Volokh to The Volokh Conspiracy at 10/20/2003 10:25:41 AMPowered by Blogger Pro
be the only newspaper that has covered this, or unless you subscribe to the Westlaw WLB service, which is where I first found a paragraph-long description of the case). --Posted by Eugene Volokh to The Volokh Conspiracy at 10/20/2003 10:32:25 AMPowered by Blogger Pro
that I planned -- as I thought, logical, coherent, complete.Second was the one actually presented -- interrupted, incoherent, disjointed, disappointing. The third was the utterly devastating argument that I thought of after going to bed that night. --Posted by Eugene Volokh
a pretty good insight into his psyche here; at the same time, this isn't just a friendly all-out defense, which would have made it less interesting.)
--Posted by Eugene Volokh to The Volokh Conspiracy at 10/20/2003 04:03:18 PMPowered by Blogger Pro
place: The last sentence of the Twelfth Amendment says:But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States. --Posted by Eugene Volokh to The Volokh Conspiracy at 10/20/2003 06:38:58 PMPowered by Blogger Pro
) kept in his house, but never published, an early drawing of the Thing in full rabbinical regalia.A rabbi? (Thanks to reader Jason Walta for the pointer; he adds: "Anyway, maybe he can take on Malaysian Prime Minister Mahathir Mohamad.")
--Posted by Eugene Volokh to The Volokh Conspirac
hat words actually mean and do, and how we should deal with them.
--Posted by Eugene Volokh to The Volokh Conspiracy at 10/19/2003 11:07:12 AMPowered by Blogger Pro
ols should stop using texts that contain the organization's name.
--Posted by Eugene Volokh to The Volokh Conspiracy at 10/19/2003 11:57:03 AMPowered by Blogger Pro
t;You know the people in your profession really well. You know who works hard and who doesn't. Cops know that about cops. Doctors know that about doctors. I know that about politicians."Thanks to Patterico's Pontifications for the pointer.
--Posted by Eugene Volokh to The Volokh Conspiracy at
says the Michigan Office of the Governor (and various other institutions, for instance this one). I think it sounds better as Domestic Violence Awareness Month (which seems to be the official name), no?
Oh, and check out Domestic Violence Training.
--Posted by Eugene Volokh to The Volokh
, Congo-Kinshasa, and Sierra Leone. The plan being considered by the Senate also includes cuts in administration backed programs for trade promotion, the Peace Corps and some environmental initiatives. (SIGNED)
NEB/LR/ENE/KBK 17-May-2000 16:16 PM EDT (17-May-2000 2016 UTC) --Posted by Eugene Volokh
defend our lives deserve slightly more accommodation ? yes, even despite what we may see as their vices ? than institutions that don't. And any morality and any symbolism that fails to keep this proper perspective is not a morality or symbolism to live by. --Posted by Eugene Volokh to The Volokh Conspiracy at 10/18/2003 11:38:34 AMPowered by Blogger Pro
My coconspirator Jacob Levy's paper on this subject is praised by Larry Solum (Legal Theory Blog).
--Posted by Eugene Volokh to The Volokh Conspiracy at 10/18/2003 01:35:11 PMPowered by Blogger Pro
that is at the very least highly incomplete.
--Posted by Eugene Volokh to The Volokh Conspiracy at 10/17/2003 09:28:47 AMPowered by Blogger Pro
U.S. State Department very clearly. And as to what we'll do at the embassy level, let me get you an answer for that. . . .At least I like the "contempt and derision" part.
--Posted by Eugene Volokh to The Volokh Conspiracy at 10/17/2003 09:33:15 AMPowered by Blogger Pro
-- and the movie is about to be released, so it's unlikely that Disney will have the time to easily make the changes that Caterpillar seems to be demanding. So I think Disney will fight it, and win; and if the case leads to a published opinion, other speakers will derive the benefits of this victory.
--Posted by Eugene Volokh to The Volokh Conspiracy at 10/17/2003 10:06:12 AMPowered by Blogger Pro
his, I know. But this is me. I'd do it again," he said. --Posted by Eugene Volokh to The Volokh Conspiracy at 10/17/2003 10:30:31 AMPowered by Blogger Pro
s not what Finley was actually about -- my epigraphs are rarely that directly linked to the cases.)
--Posted by Eugene Volokh to The Volokh Conspiracy at 10/17/2003 11:41:18 AMPowered by Blogger Pro
Thus Blogged Anderson has some further thoughts on the Malaysian Prime Minister's comments.
--Posted by Eugene Volokh to The Volokh Conspiracy at 10/17/2003 11:51:29 AMPowered by Blogger Pro
Check out Jonathan Rauch's piece on the "freshness test" in Presidential candidates.
--Posted by Eugene Volokh to The Volokh Conspiracy at 10/17/2003 03:37:30 PMPowered by Blogger Pro
the recalcitrant train engineer. THEN he called me and ask .."What do we do with the train?" Law School did not prepare me for such situations.
--Posted by Eugene Volokh to The Volokh Conspiracy at 10/17/2003 05:19:23 PMPowered by Blogger Pro
Check out this (note: relates to sex) and then this. Legal analysis left as an exercise for the reader.
--Posted by Eugene Volokh to The Volokh Conspiracy at 10/17/2003 06:03:05 PMPowered by Blogger Pro
USD law professor Michael Rappaport (The Right Coast) criticizes David Frum's anti-gay-marriage op ed in the Wall Street Journal.
--Posted by Eugene Volokh to The Volokh Conspiracy at 10/17/2003 06:25:57 PMPowered by Blogger Pro
So said a New York Post editorial, according to The Smoking Gun. Hard to believe the newspaper let a blooper like that through, but The Smoking Gun isn't known for hoaxes. Thanks to Best of the Web for the pointer.
--Posted by Eugene Volokh to The Volokh Conspiracy at 10/17/2003 06:50:49
Jalal Toufic, and Slavoj Zizek.And The Simpsons and Philosophy: The D'Oh of Homer! is a real book, co-edited by Aeon Skoble, whom I know and like.
--Posted by Eugene Volokh to The Volokh Conspiracy at 10/16/2003 09:56:27 AMPowered by Blogger Pro
, prefers the rich and good-looking. --Posted by Eugene Volokh to The Volokh Conspiracy at 10/16/2003 10:20:03 AMPowered by Blogger Pro
ns can develop economically and socially.
"It is great to hear Prime Minister Mahathir speak so eloquently on the problems of the ummah (Muslim world) and ways to remedy them," Karzai said. "His speech was an eye-opener to a lot of us and that is what the Islamic world should do." --Po
that initiatives opposing racial preferences tend to pass by strong margins. All that matters is that having the issue on the ballot might induce a number of Democrats to turn out at the polls who otherwise would not have, thus disadvantaging Republican candidates.
more --Posted by Eugene Volokh
timate as that which Rehnquist publicly gave in his opinions; and it seems that this reasoning is not implausible, though I have no idea whether it's accurate.
--Posted by Eugene Volokh to The Volokh Conspiracy at 10/15/2003 11:19:46 AMPowered by Blogger Pro
Larry Solum has a very interesting post on this subject.
--Posted by Eugene Volokh to The Volokh Conspiracy at 10/15/2003 12:31:26 PMPowered by Blogger Pro
The last thing I'd want to bet on, even if I were a gambling man, but I pass it along for those who might be interested . . . . Thanks to reader John Griffin for the pointer.
--Posted by Eugene Volokh to The Volokh Conspiracy at 10/15/2003 07:44:40 PMPowered by Blogger Pro
Some amusing stuff from Garrett Moritz (thanks to How Appealing for the pointer).
--Posted by Eugene Volokh to The Volokh Conspiracy at 10/14/2003 03:45:42 PMPowered by Blogger Pro
by Eugene Volokh to The Volokh Conspiracy at 10/14/2003 08:26:13 PMPowered by Blogger Pro
A fascinating account by lawprof Eric Muller (IsThatLegal?) of what sounds like an even more fascinating talk by now-Judge Michael Chertoff, who was then the Chief of the Criminal Division at the Justice Department.
--Posted by Eugene Volokh to The Volokh Conspiracy at 10/14/2003 09:01:09
ms of proof in such cases. I have absolutely no solution to that problem; I'd like some miracle that will cause all rapists to be punished with extreme severity, and all nonrapists to be promptly acquitted (or, better yet, not even charged), but when I last checked that didn't qualify as a solution.
B
error (understandable, I think, but still an error) by the police in the original arrest, the judicial system treated defendant quite fairly. If anything, an 8-day sentence for threatening to kill someone (even under provocation) seems fairly light.
--Posted by Eugene Volokh to The Volokh Conspiracy at 10/12/2003 01:07:15 PMPowered by Blogger Pro
Michael Froomkin has the scoop.
--Posted by Eugene Volokh to The Volokh Conspiracy at 10/10/2003 10:27:29 AMPowered by Blogger Pro
hat anyone will.
--Posted by Eugene Volokh to The Volokh Conspiracy at 10/10/2003 11:40:34 AMPowered by Blogger Pro
ate economic transactions. But when the tort liability is based on interstate economic transactions, then it is a form of state regulation of interstate commerce. And at that point, I generally don't see much of an federalism objection to Congress stepping in.
--Posted by Eugene Volokh to The Volokh
decried by Saudi officials as a "Jewish" toy. That's worth noting (especially since, as Amy puts it, "apparently, nobody told them that if there were a prototypical shiksa goddess, it would be Barbie").
--Posted by Eugene Volokh to The Volokh Conspiracy at 10/9/2003 09:43:15
e's asked them and talked with them, and after the second or third time, you know she has feelings. She is tired of kids drawing those conclusions about her."
Students are welcome to pass out pamphlets in school as long they are not disruptive or offensive, said John O'Dell, school superintendent in S
David Kaufman points to an amusing bio on Marty Ginsburg's page. (Marty, among other things, is one of the top tax experts in the country, as well as a funny man and a great cook.)
--Posted by Eugene Volokh to The Volokh Conspiracy at 10/9/2003 10:49:53 AMPowered by Blogger Pro
ave better things to do with their time than trying to push a change like this through the laborious amendment process, I wouldn't condemn them for that, either.
--Posted by Eugene Volokh to The Volokh Conspiracy at 10/9/2003 10:57:38 AMPowered by Blogger Pro
Ed Cone has a Q & A with yours truly on blogging and the law.
--Posted by Eugene Volokh to The Volokh Conspiracy at 10/9/2003 11:12:58 AMPowered by Blogger Pro
Estoppel.
And, likely the best of all, Colorado River Abstention.Use them in good health.
--Posted by Eugene Volokh to The Volokh Conspiracy at 10/8/2003 09:41:49 AMPowered by Blogger Pro
A nice summary in Slate from Tom Goldstein, a leading Supreme Court lawyer.
--Posted by Eugene Volokh to The Volokh Conspiracy at 10/8/2003 10:46:38 AMPowered by Blogger Pro
cked Expectations
And a PTO thriller: Complete Bar Prosecution History EstoppelMy favorites are "Reasonable Investment-Backed Expectations" and "Nineteen Eighty-three." Sorry if some of the legal humor is largely incomprehensible for lay readers . . . .
--Posted by Eugene Volokh
report their suspicions, but there's still lots of reason for the leaker to try to brazen it out, at least until it looks like the journalists are going to turn him in.) Again, maybe the "I order you" approach should be enough. I'm just not sure that it would be.
--Posted by Eugene Volokh to The
by Eugene Volokh to The Volokh Conspiracy at 10/8/2003 06:42:59 PMPowered by Blogger Pro
other than near "Bustamante" for "Camejo", so only people who really wanted to vote for Camejo, or found him before finding Bustamante, would have voted for him.I haven't checked the data myself, but it sounds legit.
--Posted by Eugene Volokh to The Volokh Conspiracy a
some might suggest; but I do know that some people are troubled by this sort of thing, and I thought I'd blog this for those who might be interested.
--Posted by Eugene Volokh to The Volokh Conspiracy at 10/7/2003 09:58:09 AMPowered by Blogger Pro
with Clinton herself, and just the work of a lone enthusiast.
--Posted by Eugene Volokh to The Volokh Conspiracy at 10/7/2003 10:04:11 AMPowered by Blogger Pro
he money, but especially given the small amounts of money -- amounts small enough that they were unlikely to really tremendously help Hamas -- the attempt to trace the money seems a much more important component of the story than the actual sending of the money.)
--Posted by Eugene Volokh to The Volokh Co
from Dan Weintraub at the Sacramento Bee. Thanks to Rick Hasen for the pointer.
--Posted by Eugene Volokh to The Volokh Conspiracy at 10/7/2003 12:45:36 PMPowered by Blogger Pro
g, at least given that many people are indeed troubled by it.
--Posted by Eugene Volokh to The Volokh Conspiracy at 10/7/2003 03:10:05 PMPowered by Blogger Pro
Apropos my observation below that in Russian the word roughly meaning "is" or "exists" is the same word as "to eat," Sasha writes:In German, "you are what you eat" is: "man ist, was man isst." --Posted by Eugene Volokh to The Volokh Conspiracy at 10/7/2003 05:02:08 PMPowered by Blogger Pro
dy the case as part of their education.Thanks to Dan Gifford for the pointer.
--Posted by Eugene Volokh to The Volokh Conspiracy at 10/7/2003 05:30:29 PMPowered by Blogger Pro
Hall 202; here's the schedule for all the others, and here's a law school map.
--Posted by Eugene Volokh to The Volokh Conspiracy at 10/5/2003 09:55:01 AMPowered by Blogger Pro
-- but it's out there (part of the slippery slope from hostile work environment law), and unfortunately the courts haven't yet slapped it down as they ought to.
--Posted by Eugene Volokh to The Volokh Conspiracy at 10/4/2003 01:39:08 PMPowered by Blogger Pro
white.
So maybe there was bigotry here -- but I really doubt that it was anti-black bigotry, or even a jocular reference to anti-black bigotry.
--Posted by Eugene Volokh to The Volokh Conspiracy at 10/3/2003 09:42:43 AMPowered by Blogger Pro
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