very good reason not to elect him. If anyone has more details on the quote, I'd love to hear them.
--Posted by Eugene Volokh to The Volokh Conspiracy at 6/23/2003 01:24:53 PMPowered by Blogger Pro
posts -- only the date is wrong.
--Posted by Eugene Volokh to The Volokh Conspiracy at 6/23/2003 05:38:49 PMPowered by Blogger Pro
Gary O'Connor translates my Lost Maxims.
--Posted by Eugene Volokh to The Volokh Conspiracy at 6/24/2003 11:26:10 AMPowered by Blogger Pro
each post to be accurate and fair to its subject, I don't expect bloggers to be evenhanded in their choices of which subjects to harp on.
--Posted by Eugene Volokh to The Volokh Conspiracy at 6/24/2003 12:03:32 PMPowered by Blogger Pro
s of mass media all stereotypical portrayals of women and men, as well as any projection of unacceptable images affecting human dignity and decency in advertisements,' an internal commission document says." --Posted by Eugene Volokh to The Volokh Conspiracy at 6/25/2003 10:58:51 AMPowered by Blogger Pro
I just noticed that nationalreview.com lists us as its "Cool Site" today. We're very flattered.
--Posted by Eugene Volokh to The Volokh Conspiracy at 6/26/2003 08:52:03 AMPowered by Blogger Pro
A thought apropos Justice Scalia's dissent in Lawrence v. Texas: When constructing a parade of horribles, the possibility that "state laws against . . . masturbation" (pp. 5-6 of Scalia's dissent) would be "called into question" isn't a terribly persuasive float.
--Pos
is to argue by analogy even when the analogy is imperfect. It will be interesting to see if Lawrence carries any weight here.
--Posted by Eugene Volokh to The Volokh Conspiracy at 6/26/2003 02:36:58 PMPowered by Blogger Pro
Phil Carter has a good brief analysis of what Lawrence may mean for the restriction on gays in the military.
--Posted by Eugene Volokh to The Volokh Conspiracy at 6/26/2003 02:44:31 PMPowered by Blogger Pro
FILLS THE CROWD] of the Court librarian.Nice.
--Posted by Eugene Volokh to The Volokh Conspiracy at 6/26/2003 03:32:02 PMPowered by Blogger Pro
if you find a square circle on Amazon or something. --Posted by Eugene Volokh to The Volokh Conspiracy at 6/27/2003 10:22:35 AMPowered by Blogger Pro
on, with more examples and some broader conclusions -- just go here to read the rest. By the way, I noticed after writing the post that Dowdslayer Josh Chafetz (OxBlog) had made a similar point yesterday morning, though using a different example.
--Posted by Eugene Volokh to The Volokh Conspiracy at 6/27
ate _expression_ of my personal opinions in that document. I was not speaking on behalf of Oxford University or any of its constituent parts. I entirely accept the University of Oxford's Equal Opportunities and Race Equality policies"In any case, make of this affair what you will -- just t
n Reynolds.
--Posted by Eugene Volokh to The Volokh Conspiracy at 6/30/2003 02:30:27 PMPowered by Blogger Pro
ream media noticed. That may well happen to my National Review Online piece, too. It's much easier to get these myths going than to properly rebut them.
--Posted by Eugene Volokh to The Volokh Conspiracy at 6/30/2003 05:58:35 PMPowered by Blogger Pro
.
--Posted by Eugene Volokh to The Volokh Conspiracy at 7/1/2003 07:51:17 AMPowered by Blogger Pro
from Nazi occupation." And that seems to me to be a pretty appalling symbolic statement to make.
--Posted by Eugene Volokh to The Volokh Conspiracy at 7/1/2003 11:03:28 AMPowered by Blogger Pro
able error was not just invited error, but invited error with a parking space. . . . --Posted by Eugene Volokh to The Volokh Conspiracy at 7/1/2003 05:17:51 PMPowered by Blogger Pro
My Wall Street Journal piece on the subject is here.
--Posted by Eugene Volokh to The Volokh Conspiracy at 7/1/2003 05:22:50 PMPowered by Blogger Pro
ress has turned over to the Court its power on certain matters, while ignoring the vast range of Congressional decisions on those very matters that is much more important than the Court's decisions, is a factually unsound argument. And an argument that attacks Lincoln and worships the original Constitutional framework without even mentioning slavery is a morally unsound one.
--Posted by Eugene Volokh to The Volokh Conspiracy at 7/7/2003 10:09:48 AMPowered by Blogger Pro
x. (I think that on balance such rigid statutory rape laws are still unsound, and should be replaced with rules that are more focused on the difference in ages; though such age-difference tests have their own problems, they are less constraining and less unrealistic than the rigid no-sex-with-under
in today's Slate.
--Posted by Eugene Volokh to The Volokh Conspiracy at 7/7/2003 03:31:21 PMPowered by Blogger Pro
similar to David's #2 and #4. So I wanted to apologize, and give David full credit.
--Posted by Eugene Volokh to The Volokh Conspiracy at 7/8/2003 02:36:51 PMPowered by Blogger Pro
"persons or interest formerly representing slavery politically, or wielding political power for the preservation or advancement of slavery" since (I believe) the mid-1800s.
--Posted by Eugene Volokh to The Volokh Conspiracy at 7/8/2003 02:46:56 PMPowered by Blogger Pro
sons or interest formerly representing slavery politically, or wielding political power for the preservation or advancement of slavery" since (I believe) the mid-1800s.
--Posted by Eugene Volokh to The Volokh Conspiracy at 7/8/2003 02:46:56 PMPowered by Blogger Pro
very easy ethical call, while organizing a boycott of the Dixie Chicks was a tougher ethical call (though it may well be that on balance such boycott organizing was still ethically proper.)
--Posted by Eugene Volokh to The Volokh Conspiracy at 7/8/2003 02:14:43 PMPowered by Blogger Pro
needs this defense.)
Can someone fill me in on the facts that I mention earlier in the post? Or are there some other issues that I'm missing here?
--Posted by Eugene Volokh to The Volokh Conspiracy at 7/8/2003 06:21:26 PMPowered by Blogger Pro
for him to have made), or if someone can persuade me that his claim is improper even if it's factually accurate. At this point, though, I don't really see why exactly he needs to apologize.
--Posted by Eugene Volokh to The Volokh Conspiracy at 7/8/2003 06:21:26 PMPowered by Blogger Pro
reaction if Baker's generalizations were about traits that seemed more like character defects and less like physical conditions.
--Posted by Eugene Volokh to The Volokh Conspiracy at 7/8/2003 11:03:58 PMPowered by Blogger Pro
ue, incidentally, but nothing especially probative). They were certainly factually correct, again setting aside the hyperbole, if "exposure to the tropical sun" means resistance to sunburn. Doesn't make them morally right, or Dusty Baker wrong.
--Posted by Eugene Volokh to The Volokh Conspiracy at 7/9/2003 07:41:32 AMPowered by Blogger Pro
hat seems to me to be a mistake.
--Posted by Eugene Volokh to The Volokh Conspiracy at 7/10/2003 10:47:49 AMPowered by Blogger Pro
. rules, since the domestic process would be moved entirely to special-purpose organizations whose only job is to engage in the research, and which would thus be less subject to public pressure or even public scrutiny. Not a terribly satisfying result, it seems to me.
--Posted by Eugene Volokh to The Volokh Conspiracy at 7/10/2003 11:07:05 AMPowered by Blogger Pro
ire that marital status or the legal incidents thereof be conferred upon unmarried couples or groups" -- thus prohibiting state legislators and voters from setting up such civil union schemes.The FMA would thus substantially reduce the autonomy of each state, and the authority of its legislators and voters.
--Posted by Eugene Volokh to The Volokh Conspiracy at 7/10/2003 05:50:38 PMPowered by Blogger Pro
it is they who get to add or delete portions of the Nevada Constitution.
(Thanks to Rick Henderson for the pointer to the decision.)
--Posted by Eugene Volokh to The Volokh Conspiracy at 7/10/2003 06:41:39 PMPowered by Blogger Pro
of lying, but (3) appears to entirely misrepresent the actual content of the story. There seem to be some potential credibility gaps all around here.
--Posted by Eugene Volokh to The Volokh Conspiracy at 7/11/2003 12:02:59 AMPowered by Blogger Pro
it on Whether We're in Control in Iraq or Poll: A Quarter of Americans Seem to Think We're Losing Control in Iraq. Not a good night for CBS News.
--Posted by Eugene Volokh to The Volokh Conspiracy at 7/11/2003 12:25:27 AMPowered by Blogger Pro
CBS headline said Poll: U.S. Losing Control in Iraq. The actual story is better summarized as Poll: U.S. Evenly Split on Whether We're in Control in Iraq or Poll: A Quarter of Americans Seem to Think We're Losing Control in Iraq. Not a good night for CBS News.
--Posted by Eugene Volokh to The Volokh Conspiracy at 7/11/2003 12:25:27 AMPowered by Blogger Pro
ctual content of the story. Seems like there are potential credibility gaps all around here.
--Posted by Eugene Volokh to The Volokh Conspiracy at 7/11/2003 12:02:59 AMPowered by Blogger Pro
ight, the CBS headline said Poll: U.S. Losing Control in Iraq. The actual story is better summarized as Poll: U.S. Evenly Split on Whether We're in Control in Iraq or Poll: A Quarter of Americans Seem to Think We're Losing Control in Iraq. Not a good night for CBS News.
--Posted by Eugene Volokh to The Volokh Conspiracy at 7/11/2003 12:25:27 AMPowered by Blogger Pro
tistical tie), so it's not even accurate to say "Poll: U.S. Not in Control in Iraq."That's right, the CBS headline said Poll: U.S. Losing Control in Iraq. The actual story is better summarized as Poll: U.S. Evenly Split on Whether We're in Control in Iraq or Poll: A Quarter of Americans S
and political allegation, the sort of allegation that people should know to double-check. What's up here?
--Posted by Eugene Volokh to The Volokh Conspiracy at 7/11/2003 08:11:45 AMPowered by Blogger Pro
articular both from the Administration and its critics. Here, in particular, we have (1) the headline on a lead story at a major news source that (2) accuses the President of lying, but (3) appears to entirely misrepresent the actual content of the story. Seems like there are potential credibility g
year, East California. --Posted by Eugene Volokh to The Volokh Conspiracy at 7/11/2003 08:37:06 AMPowered by Blogger Pro
olokh at law.ucla.edu. Thanks!
--Posted by Eugene Volokh to The Volokh Conspiracy at 7/11/2003 10:13:24 AMPowered by Blogger Pro
law.ucla.edu. Thanks!
UPDATE: Due to two typos, the original title of this post referred to "MS Word 1001," which I'm told is a somewhat obsolete version (though it does have a great "illumination" option).
--Posted by Eugene Volokh to The Volokh Conspiracy at 7/11/2003 10:13:24 AMPowered by Blogger Pro
ubject below). I'm hoping that Nevadans will be incensed enough by the judges' decision to take these necessary steps.
--Posted by Eugene Volokh to The Volokh Conspiracy at 7/11/2003 11:35:22 AMPowered by Blogger Pro
s, but I'm afraid that there's nothing else I can do.
--Posted by Eugene Volokh to The Volokh Conspiracy at 7/11/2003 02:35:09 PMPowered by Blogger Pro
Howard Bashman of How Appealing was kind enough to e-mail me the link to a Web page containing most of the documents (briefs and the like) in the Guinn v. Nevada State Legislature case.
--Posted by Eugene Volokh to The Volokh Conspiracy at 7/11/2003 03:47:35 PMPowered by Blogger Pro
ust to try to foil robots that harvest e-mail addresses for spamming purposes, so if you don't instantly see the address, just look a bit more closely.) Sending the message to the right blogger will save time both for you and for us.
--Posted by Eugene Volokh to The Volokh Conspiracy at 7/12/200
ago.) I'm pretty sure that we won't sustain this level of traffic, but recent weekdays have shown a median of 10,000 or more visitors per day, and I'm hoping we'll continue that way, or even go up from that. Many thanks to all our readers!
--Posted by Eugene Volokh to The Volokh Conspiracy at 7/14
clerkship is done.
--Posted by Eugene Volokh to The Volokh Conspiracy at 7/14/2003 08:25:27 AMPowered by Blogger Pro
ago.) I'm pretty sure that we won't sustain this level of traffic, but recent weekdays have shown a median of 10,000 or more visitors per day, and I'm hoping we'll continue that way, or even go up from that. Many thanks to all our readers!
--Posted by Eugene Volokh to The Volokh Conspiracy at 7/14
is meant to promote stability in children's lives (partly true) and therefore should be limited just to same-sex couples (which does not follow) are not, it seems to me, terribly helpful.
--Posted by Eugene Volokh to The Volokh Conspiracy at 7/14/2003 10:43:36 AMPowered by Blogger Pro
e differences are -- at least for purposes of deciding whether gay marriage is proper -- not morally significant.
--Posted by Eugene Volokh to The Volokh Conspiracy at 7/14/2003 12:40:10 PMPowered by Blogger Pro
," it seems to me that they are trying to assert more than just "homosexuality is wrong because it's contrary to my contested interpretation of contested religious texts" -- they are trying to call on a more objectively defined, uncontroversial authority called "nature," which is why they say "unnatural" rather than "ungodly." (Some do say "ungodly," but that's not the argument I'm confronting here.) The trouble is that this call fails: Whatever one's definition of natural, either homosexuality is natural, or it's unnaturalness says nothing at all about its propriety. --Posted by Eugene Volokh to The Volokh Conspiracy at 7/14/2003 02:45:22 PMPowered by Blogger Pro
per remedy for the decision is in the hands of Nevada legislators and voters, and not federal judges. We'll see what the federal judges have to say, when they have the hearing on the merits (rather than just on whether the Nevada Supreme Court decision is to be stayed pending that hearing).
--Posted
red pursuant to an "order of court," we conclude that 28 U.S.C. s 132(c) authorizes this en banc Court to hear and decide the motions to dismiss now pending before us. --Posted by Eugene Volokh to The Volokh Conspiracy at 7/14/2003 05:50:43 PMPowered by Blogger Pro
Claremont Institute's Complaint for Violation of Civil and Constitutional Rights (pdf)
The Claremont Institute's Request for a Temporary Restraining Order (pdf)
The Claremont Institute's Memo of Points and Authorities (pdf)[Go to the Claremont site for links.]
--Posted by Eugene Volokh to The Volokh
By the way, the en banc hearing is apparently supposed to be done by videoconferencing, with judges who sit in Las Vegas and judges who sit in Nevada participating.
--Posted by Eugene Volokh to The Volokh Conspiracy at 7/14/2003 05:59:33 PMPowered by Blogger Pro
, please let me know.)
--Posted by Eugene Volokh to The Volokh Conspiracy at 7/14/2003 06:06:18 PMPowered by Blogger Pro
By the way, the en banc hearing is apparently supposed to be done by videoconferencing, with judges who sit in Las Vegas and judges who sit in Reno participating.
--Posted by Eugene Volokh to The Volokh Conspiracy at 7/14/2003 05:59:33 PMPowered by Blogger Pro
t stand up to defend their powers, then, yes, those powers will eventually be lost.
--Posted by Eugene Volokh to The Volokh Conspiracy at 7/14/2003 11:20:30 PMPowered by Blogger Pro
quot;if Hussein had not bought uranium from Africa" -- I of course meant "if Hussein had not tried to buy uranium from Africa." Thanks to Brian Kelley for correcting me on this.
--Posted by Eugene Volokh to The Volokh Conspiracy at 7/14/2003 11:41:26 PMPowered by Blogger Pro
to defend themselves, whether the need arises on the street, in the business, or in the home. But it's not a total defeat, and compared to the current Wisconsin statutes (as opposed to what one might have hoped for from the new constitutional amendment), even a step forward.
--Posted by Eugene Volokh to
n balance the costs of trying to outlaw such behavior substantially outweigh the benefits, but I do see a concrete explanation of why the behavior may cause specific harms, and why outlawing the behavior might have some concrete benefits.) I just don't see the concrete mechanisms in play as to this particular argument against gay marriage.
--Posted by Eugene Volokh to The Volokh Conspiracy at 7/15/2003 05:50:08 AMPowered by Blogger Pro
I'm afraid I've been getting so many messages on gay marriage that I might not be able to personally respond to all of them; my apologies for that.
--Posted by Eugene Volokh to The Volokh Conspiracy at 7/15/2003 09:41:46 AMPowered by Blogger Pro
k this consequence isn't terribly likely, but it can't be dismissed out of hand.
--Posted by Eugene Volokh to The Volokh Conspiracy at 7/15/2003 11:34:09 AMPowered by Blogger Pro
--Posted by Eugene Volokh to The Volokh Conspiracy at 7/15/2003 11:58:53 AMPowered by Blogger Pro
transferred pursuant to an "order of court," we conclude that 28 U.S.C. s 132(c) authorizes this en banc Court to hear and decide the motions to dismiss now pending before us. --Posted by Eugene Volokh to The Volokh Conspiracy at 7/14/2003 05:50:43 PMPowered by Blogger Pro
bounds of "tolerance" and "civility," and they need no apology. And I also think that those of us who think this way should stand up for those who are being called intolerant and uncivil, and who are being asked to apologize, and defend their ethical right to say what they are saying.
--Posted by Eugene Volokh to The Volokh Conspiracy at 7/16/2003 12:07:03 AMPowered by Blogger Pro
me context that the statements of other groups would be presumably worthwhile. How cruel and unfair it is that people accuse him of being "prejudiced," "biased," and an "anti-Semite[]."
Thanks to reader George Vardalos for the pointer, which I would never have followed if
--Posted by Eugene Volokh to The Volokh Conspiracy at 7/15/2003 11:58:53 AMPowered by Blogger Pro
the actresses that he employs; and by law, producers are actually required to do so, and to make those records available. But if they card them but it turns out the ID was false (and not obviously so), then they're not liable. The same logic, I think, would now apply (after Lawrence) to statutory ra
Pretty cool; thanks to Eve Tushnet for the pointer.
--Posted by Eugene Volokh to The Volokh Conspiracy at 7/16/2003 01:51:03 PMPowered by Blogger Pro
the actresses that he employs; and by law, producers are actually required to do so, and to make those records available. But if they card them but it turns out the ID was false (and not obviously so), then they're not liable. The same logic, I think, would now apply (after Lawrence) to statutory ra
that amount of time on Hyperphrase?s motion, it is now time to move on to the other Gordian problems confronting this court. Plaintiff?s motion to strike is denied.
Entered this 1st day of July, 2003.
BY THE COURT:
STEPHEN L. CROCKER
Magistrate Judge --Posted by Eugene Volokh to The Volokh
le the kids were playing hooky from school. (The analysis would be different as to nonsexually transmitted diseases, where schools may have a much stronger concern about transmission at school.)
Curiously, the word "parent" does not appear at all in the Newsday article.
--Posted by Eugene
ndable. The chief purpose of language is to communicate effectively, not to provide entertainment to the cognoscenti. People see "Welsh rabbit" on the menu, expect rabbit, get something else, and are disappointed. Who wants that? So maybe "Welsh rabbit" deserved to die, but I mourn its death nonetheless.
--Posted by Eugene Volokh to The Volokh Conspiracy at 7/16/2003 11:33:17 AMPowered by Blogger Pro
o reader Nicholas Blesch for the pointer.)
--Posted by Eugene Volokh to The Volokh Conspiracy at 7/16/2003 05:48:52 PMPowered by Blogger Pro
). Thanks to reader Elizabeth Curwen for the pointer.
--Posted by Eugene Volokh to The Volokh Conspiracy at 7/17/2003 09:34:36 AMPowered by Blogger Pro
you've got a small CRT it may only make text look fuzzier, though."
--Posted by Eugene Volokh to The Volokh Conspiracy at 7/17/2003 09:39:39 AMPowered by Blogger Pro
, that the license was fake (and not obviously so). I again think he couldn't be constitutionally punishable on a strict liability theory. --Posted by Eugene Volokh to The Volokh Conspiracy at 7/17/2003 10:02:55 AMPowered by Blogger Pro
's the better bet, and that the Court -- or at least these particular Justices -- won't soon take away what they gave by just saying "Oh, of course this full right to engage in their conduct is restrictable, so long as there's a rational basis for the restriction (unlike with the abortion right, parental rights, free speech rights, etc., where much more than a rational basis is required)."
--Posted by Eugene Volokh to The Volokh Conspiracy at 7/17/2003 10:38:08 AMPowered by Blogger Pro
could be. Satan wouldn't be a very credible witness. Maybe something photographic . . . --Posted by Eugene Volokh to The Volokh Conspiracy at 7/17/2003 01:42:14 PMPowered by Blogger Pro
could be. Satan wouldn't be a very credible witness. Maybe something photographic . . . --Posted by Eugene Volokh to The Volokh Conspiracy at 7/17/2003 01:42:14 PMPowered by Blogger Pro
otes cast at such election for the candidates for any office or on any question. --Posted by Eugene Volokh to The Volokh Conspiracy at 7/17/2003 03:29:47 PMPowered by Blogger Pro
vilization was gouging?
UPDATE: Here's the answer.
--Posted by Eugene Volokh to The Volokh Conspiracy at 7/16/2003 12:47:48 PMPowered by Blogger Pro
Various seemingly reliable sources agree: Despite many publication date slips, Neal Stephenson's Quicksilver will indeed be out September 23, 2003. I would await it with bated breath, if that weren't a pretty foolish thing to do for two months.
--Posted by Eugene Volokh to The Volokh
e majority of legislators can just ask the voters to approve, by simple majority, a tax cut)? Or is it impermissible for a minority of Senators to block judges and for a minority of legislators to block tax cuts? Or is there a subtle distinction that I'm missing here?
--Posted by Eug
re, though it does still seem noteworthy that the editor condemns supermajority requirements while the editorial defends them.
--Posted by Eugene Volokh to The Volokh Conspiracy at 7/17/2003 06:08:55 PMPowered by Blogger Pro
-saying clerk with a 4" thick listing of his work.
He got his plate. . . . --Posted by Eugene Volokh to The Volokh Conspiracy at 7/21/2003 03:17:38 PMPowered by Blogger Pro
economic production that is helped by the driving, or on miles driven as a rough proxy for that economic production.
--Posted by Eugene Volokh to The Volokh Conspiracy at 7/21/2003 05:31:00 PMPowered by Blogger Pro
the New Hampshire statutes and didn't find any explicit definition of the term.) Thanks to Andrew Sullivan for the pointer.
--Posted by Eugene Volokh to The Volokh Conspiracy at 7/22/2003 02:44:24 PMPowered by Blogger Pro
Gary O'Connor and Stephanie Tai have just published an article on blogs for lawyers in the Journal of Appellate Practice & Procedure; it's available here.
--Posted by Eugene Volokh to The Volokh Conspiracy at 7/22/2003 11:51:34 AMPowered by Blogger Pro
fun for me, and, I hope, for the students as well.
--Posted by Eugene Volokh to The Volokh Conspiracy at 7/22/2003 03:48:00 PMPowered by Blogger Pro
at law.ucla.edu.
--Posted by Eugene Volokh to The Volokh Conspiracy at 7/22/2003 04:23:02 PMPowered by Blogger Pro
Many thanks to Phil Carter for passing along the link -- it's here. Hope to read it and comment on it later.
--Posted by Eugene Volokh to The Volokh Conspiracy at 7/23/2003 09:30:59 AMPowered by Blogger Pro
--Posted by Eugene Volokh to The Volokh Conspiracy at 7/23/2003 11:46:30 AMPowered by Blogger Pro
pture them, but there was a firefight and the soldiers had to kill the enemy in order to win the firefight, then that's of course not an assassination at all.
--Posted by Eugene Volokh to The Volokh Conspiracy at 7/23/2003 02:24:56 PMPowered by Blogger Pro
rying to kill the enemy during a war, whether that's done by intelligence operatives or by soldiers.
--Posted by Eugene Volokh to The Volokh Conspiracy at 7/23/2003 02:24:56 PMPowered by Blogger Pro
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