[Volokh] New post at The Volokh Conspiracy

2005-06-21 Thread notify
Posted by Eugene Volokh: http://nationalreview.com/seipp/seipp200506210815.asp";>Cathy Seipp in Top Form: http://volokh.com/archives/archive_2005_06_19-2005_06_25.shtml#1119398700 The subject is social class, seen through the lens of some new TV programs -- a characteristically funny and i

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2005-06-21 Thread notify
Posted by Eugene Volokh: Dick Durbin http://thepoliticalteen.net/2005/06/21/1756/";>Apologizes, http://volokh.com/archives/archive_2005_06_19-2005_06_25.shtml#1119398503 or does he really? ___ Volokh mailing list Volokh@lists.powerblogs.com http://

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2005-06-21 Thread notify
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2005-06-21 Thread notify
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2005-06-21 Thread notify
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2005-06-21 Thread notify
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2005-06-21 Thread notify
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2005-06-21 Thread notify
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2005-06-20 Thread notify
Posted by Orin Kerr: Skeptical About Alleged DOJ Data Retention Plan: http://volokh.com/archives/archive_2005_06_19-2005_06_25.shtml#1119308361 A few days ago, over at [1]news.com, Declan McCullagh made a troubling but very probably false claim: The Department of Justice is quietly

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2005-06-20 Thread notify
Posted by Juan Non-Volokh: Nazi Germany = McCarthy Era = America Today? http://volokh.com/archives/archive_2005_06_19-2005_06_25.shtml#1119296350 At the end of a [1]long post on whether President Bush can be impeached (in which he labels UNC Prof. Michael Gerhardt a "shill" for the Bush

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2005-06-19 Thread notify
Posted by Eugene Volokh: What To Do If You Get Leaked Government Documents: http://volokh.com/archives/archive_2005_06_19-2005_06_25.shtml#1119224726 I express no opinion about the bottom line of the Downing Street retyping matter, but I did want to speak to [1]one small item raised by U

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2005-06-19 Thread notify
Posted by David Kopel: What Guantanamo is Really Like: http://volokh.com/archives/archive_2005_06_19-2005_06_25.shtml#1119201773 Senator Richard Durbin has been justly mocked for his statement about what an FBI reported seeing at Guantanamo: "If I read this to you and did not tell you

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2005-06-19 Thread notify
Posted by Juan Non-Volokh: More Faked Memos?!? http://volokh.com/archives/archive_2005_06_19-2005_06_25.shtml#1119198977 Two years ago, few would question the veracity of news reports based upon leaked government documents. Not anymore. After the "60 Minutes" scandal over the "fake but a

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2005-06-19 Thread notify
Posted by David Kopel: Media Ignores African Genocides: http://volokh.com/archives/archive_2005_06_19-2005_06_25.shtml#1119198861 That's the thesis of my latest [1]media columnfor the Rocky Mountain News. The column points out the media's failure to cover the Ethiopian genocide against t

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2005-06-19 Thread notify
Posted by Orin Kerr: Little to No Blogging Ahead: http://volokh.com/archives/archive_2005_06_19-2005_06_25.shtml#1119192165 Vacation plans mean that I'll be doing little if any blogging for the next week or so. I hope to post some commentary on big decisions handed down from Mount Olympu

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2005-06-19 Thread notify
Posted by Orin Kerr: More on DOJ Anti-Tobacco Case: http://volokh.com/archives/archive_2005_06_19-2005_06_25.shtml#1119191733 The [1]New York Times has an interesting piece on the political history of DOJ's anti-tobacco lawsuit that I blogged about a few days ago. An excerpt: Pa

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2005-06-19 Thread notify
Posted by Orin Kerr: Investigation of Schiavo's 1990 Injury: http://volokh.com/archives/archive_2005_06_19-2005_06_25.shtml#1119191180 In a letter to County State Attorney Bernie McCabe, Florida Governor Jeb Bush has asked state prosecutors to look into the circumstances of Terri Schiavo

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2005-06-18 Thread notify
Posted by Orin Kerr: Is McConnell Off the Short List?: http://volokh.com/archives/archive_2005_06_12-2005_06_18.shtml#1119149868 In an article on possible replacements for Chief Justice Rehnquist if he ends up retiring at the end of the Term, the Sunday [1]Washington Post reports:

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2005-06-18 Thread notify
Posted by Todd Zywicki: It's Official: http://volokh.com/archives/archive_2005_06_12-2005_06_18.shtml#1119126930 I'm now a [1]Dartmouth Trustee. References 1. http://www.dartmouth.edu/~trustees/ ___ Volokh mailing list Volokh@lists.powerblogs.

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2005-06-18 Thread notify
Posted by Orin Kerr: Chief Clerk Reunion: http://volokh.com/archives/archive_2005_06_12-2005_06_18.shtml#1119122823 Charles Lane of the [1]Washington Post has the scoop on last weekend's reunion of Rehnquist's former law clerks. References 1. http://www.washingtonpost.com/wp-dyn/conte

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2005-06-18 Thread notify
Posted by David Bernstein: Eight Circuit Judge Takes on the Community Rights Council: http://volokh.com/archives/archive_2005_06_12-2005_06_18.shtml#1119114138 Doug Kendall of the Community Rights Council filed an ethics complaint against Sixth Circuit Judge Danny Boggs for serving on the b

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2005-06-18 Thread notify
Posted by Juan Non-Volokh: Gitmo No "Gulag": http://volokh.com/archives/archive_2005_06_12-2005_06_18.shtml#1119109984 Former Soviet dissident -- and gulag prisoner -- Pavel Litvinov [1]rejects the comparison in today's Washington Post. By any standard, Guantanamo and similar American

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2005-06-18 Thread notify
Posted by Todd Zywicki: Asking the Wrong Question on Global Climate Change: http://volokh.com/archives/archive_2005_06_12-2005_06_18.shtml#1119104070 Ellen Goodman [1]writes today: The climate is equally apparent in the struggle over what the Bush administration calls "climate chang

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2005-06-18 Thread notify
Posted by Todd Zywicki: Asking the Wrong Question on Global Climate Change: http://volokh.com/archives/archive_2005_06_12-2005_06_18.shtml#1119103839 Ellen Goodman [1]writes today: The climate is equally apparent in the struggle over what the Bush administration calls "climate chang

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2005-06-17 Thread notify
Posted by Orin Kerr: Code Is Law, Or Is It?: http://volokh.com/archives/archive_2005_06_12-2005_06_18.shtml#1119050620 One of the buzzphrases common in cyberlaw circles is that "code is law," an idea popularized by Lawrence Lessig. The basic idea is that computer code can shape the exper

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2005-06-17 Thread notify
Posted by Orin Kerr: If Watergate Had Happened in 2005: http://volokh.com/archives/archive_2005_06_12-2005_06_18.shtml#1119040718 The recent disclosure that Mark Felt was "Deep Throat" of Watergate fame led me to wonder recently what the Watergate scandal would have looked like if it had

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2005-06-17 Thread notify
Posted by Eugene Volokh: The Sort of Thing That Drives Economists Up a Wall: http://volokh.com/archives/archive_2005_06_12-2005_06_18.shtml#1119040609 A comment related to my [1]technology and birth rates post below says: I cannot help but think that you are treating people like a c

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2005-06-17 Thread notify
Posted by Eugene Volokh: Technology and Birth Rates: http://volokh.com/archives/archive_2005_06_12-2005_06_18.shtml#1119035247 My post [1]expressing skepticism about birth rate forecasts for 45 or 100 years in the future led me to think: What changes might substantially increase birth ra

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2005-06-17 Thread notify
Posted by Juan Non-Volokh: The Importance of History: http://volokh.com/archives/archive_2005_06_12-2005_06_18.shtml#1119033579 David Gelernter has an [1]op-ed on the importance of history in today's LA Times. Here's a brief excerpt: I was amazed to hear about teenagers who don't know

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2005-06-17 Thread notify
Posted by Eugene Volokh: Hot News from http://www.borowitzreport.com/archive_rpt.asp?rec=1155&srch=";>Andy Borowitz: http://volokh.com/archives/archive_2005_06_12-2005_06_18.shtml#1119029010 SADDAM REQUESTS JACKSONâS JURY Asks Accuserâs Mom to Testify Against Him Former Iraqi dic

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2005-06-17 Thread notify
Posted by Eugene Volokh: Mopery: http://volokh.com/archives/archive_2005_06_12-2005_06_18.shtml#1119027032 [1]WordSmith reports on this legalish word that I'd never heard of before. According to the Oxford English Dictionary, it's "The action of committing a minor or petty offence, such

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2005-06-17 Thread notify
Posted by Todd Zywicki: More on Filibuster Deal Fall-Out: http://volokh.com/archives/archive_2005_06_12-2005_06_18.shtml#1119018750 I [1]noted the other day that I had heard some rumors of criticisms of home-state backlash against some of the architects of the filibuster deal fall-out. S

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2005-06-17 Thread notify
Posted by Randy Barnett: Comment on Contracts Conference: http://volokh.com/archives/archive_2005_06_12-2005_06_18.shtml#1119016889 I did not receive very much feedback on my live blogging of the AALS conferences on contract law. So I decided, as an experiment, to open comments on this

[Volokh] New post at The Volokh Conspiracy

2005-06-16 Thread notify
Posted by Orin Kerr: Blogging LawProf Census Update: http://volokh.com/archives/archive_2005_06_12-2005_06_18.shtml#1118985438 [1]Daniel Solove has updated his list of blogging law professors; the latest list includes 130 people. Does anyone want to make a guess about how many law profes

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2005-06-16 Thread notify
Posted by Juan Non-Volokh: Environmental Law Blogging: http://volokh.com/archives/archive_2005_06_12-2005_06_18.shtml#1118977578 J. Bishop Grewell rounds up recent environmental cases in federal appellate courts on The Commons Blog [1]here, [2]here, and [3]here. Some of these decisions,

[Volokh] New post at The Volokh Conspiracy

2005-06-16 Thread notify
Posted by Eugene Volokh: http://www.lileks.com/screedblog/05/06/061505.html";>Lileks on "Religious Fascism": http://volokh.com/archives/archive_2005_06_12-2005_06_18.shtml#1118975736 Much worth reading. ___ Volokh mailing list Volokh@lists.powerbl

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2005-06-16 Thread notify
Posted by Eugene Volokh: Sensitivity: http://volokh.com/archives/archive_2005_06_12-2005_06_18.shtml#1118975606 [1]From a UK Web site: U2 frontman BONO was horrified during a visit to Ethiopia, when he saw local women pelting a breast-feeding aid worker with stones. The Americ

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2005-06-16 Thread notify
Posted by Orin Kerr: Will Rehnquist Stay On?: http://volokh.com/archives/archive_2005_06_12-2005_06_18.shtml#1118973846 Gina Holland offers an interesting take [1]here. References 1. http://www.law.com/jsp/article.jsp?id=1118912719545 ___ Volo

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2005-06-16 Thread notify
Posted by Eugene Volokh: Evolution, Creationism, and http://en.wikipedia.org/wiki/Godwin's_law">Godwin's Law: http://volokh.com/archives/archive_2005_06_12-2005_06_18.shtml#1118961862 [1]Clayton Cramer correctly faults Michael Shermer for writing: The primary reason we are experiencing t

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2005-06-16 Thread notify
Posted by Randy Barnett: John Derbishire on the Space Shuttle: http://volokh.com/archives/archive_2005_06_12-2005_06_18.shtml#1118958000 I am often in disagreement with John Derbyshire, so if you are like me you are likely to miss his lively NRO article on [1]The Folly of Our Age: The

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2005-06-16 Thread notify
Posted by Randy Barnett: The Richness of Contract Theory: http://volokh.com/archives/archive_2005_06_12-2005_06_18.shtml#1118955716 I have now fixed the link to my review of Bob Hillman's book, The Richness of Contract Law (not that anyone complained). The review is called, [1]The Rich

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2005-06-16 Thread notify
Posted by Eugene Volokh: Very Nice Commencement Speech http://volokh.com/archives/archive_2005_06_12-2005_06_18.shtml#1118955384 [1]by Steve Jobs. Thanks to [2]The New Editor for the pointer. References 1. http://news-service.stanford.edu/news/2005/june15/jobs-061505.html 2. http://ww

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2005-06-16 Thread notify
Posted by Eugene Volokh: Originalism: http://volokh.com/archives/archive_2005_06_12-2005_06_18.shtml#1118955298 [1]Stuart Buck on originalism: One of the common objections to originalism is that it's too hard. All of these overworked judges and Justices don't have the time or e

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2005-06-16 Thread notify
Posted by Eugene Volokh: God and the Universe: http://volokh.com/archives/archive_2005_06_12-2005_06_18.shtml#1118953581 I've often heard Einstein's supposed line expressing skepticism about quantum mechanics: "God doesn't play dice with the universe." I somehow hadn't heard, though, Nie

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2005-06-16 Thread notify
Posted by Randy Barnett: http://volokh.com/archives/archive_2005_06_12-2005_06_18.shtml#1118953549 At lunch Dick Speidel (Northwestern) gave a tribute to the late Allan Farnsworth that asked, would an aspiring jobs candidate who said that he wanted to emulate Allanâs career be hired? Go

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2005-06-16 Thread notify
Posted by Randy Barnett: Critiquing Contract Law http://volokh.com/archives/archive_2005_06_12-2005_06_18.shtml#1118945265 I am late for the program on Critiquing Contract Law--again because I was uploading the last blog post in my room. Since I now know someone is reading these posts, I

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2005-06-16 Thread notify
Posted by Eugene Volokh: Is Evolution a Threat to Religious Belief? http://volokh.com/archives/archive_2005_06_12-2005_06_18.shtml#1118942329 Michael Shermer -- with whose views I often agree -- posts at [1]Huffington Post about the evolutionism/creationism debates; and in the process he

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2005-06-16 Thread notify
Posted by Orin Kerr: House Vote on the Patriot Act: http://volokh.com/archives/archive_2005_06_12-2005_06_18.shtml#1118934376 A [1]big item in the news today is that the House of Representatives voted to block the part of the Patriot Act that allows the government to get library and book

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2005-06-16 Thread notify
Posted by Randy Barnett: Cognititive Psychology and Contracts: http://volokh.com/archives/archive_2005_06_12-2005_06_18.shtml#1118933911 One of the reasons I came to the AALS was to hear Steve Ware and Marcus Cole speak. I have known both since they were law students. Unfortunately Mar

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2005-06-16 Thread notify
Posted by Orin Kerr: Leaks in DOJ Tobacco Case: http://volokh.com/archives/archive_2005_06_12-2005_06_18.shtml#1118932874 Today's [1]New York Times offers an unusually public perspective on Justice Department infighting in the context of recent developments in DOJ's anti-tobacco suit. I

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2005-06-16 Thread notify
Posted by Todd Zywicki: Filibuster Deal Fall-Out: http://volokh.com/archives/archive_2005_06_12-2005_06_18.shtml#1118932438 I am reading increasing reports about home state, grass roots fall-out from the filibuster deal. [1]This column criticizing Sen. Ken Salazar of Colorado and [2]this

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2005-06-15 Thread notify
Posted by Orin Kerr: Antiquarian Law Books: http://volokh.com/archives/archive_2005_06_12-2005_06_18.shtml#1118896282 Occasionally I think it would be cool to purchase some antiquarian law books -- classic treatises, first editions of famous books, that kind of thing. I usually don't, ho

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2005-06-15 Thread notify
Posted by Eugene Volokh: Orin, and Our Commenters, Have Brought Me Around: http://volokh.com/archives/archive_2005_06_12-2005_06_18.shtml#1118878857 I used to be pretty firmly against having comments, but Orin's experiment with allowing them led me to dip my toe in the water, and now I'v

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2005-06-15 Thread notify
Posted by Eugene Volokh: Interesting Crime-Facilitating Speech Incident: http://volokh.com/archives/archive_2005_06_12-2005_06_18.shtml#1118878158 It was [1]in the news several days ago, but I missed it, and thought other readers might have, too: The federal government has asked the N

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2005-06-15 Thread notify
Posted by Orin Kerr: Dialogue on the Merits of Smoking Bans: http://volokh.com/archives/archive_2005_06_12-2005_06_18.shtml#1118867604 Today's [1]Washington Post reports that a proposed smoking ban in DC restaurants and bars is gaining ground. I have conflicting views on the proposed smo

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2005-06-15 Thread notify
Posted by Randy Barnett: Contractsand Arbitration: http://volokh.com/archives/archive_2005_06_12-2005_06_18.shtml#1118864782 The afternoon session is on Contracts and Arbitration. The panelists are Richard Alderman (Houston), Jean Serchlight (UNLV), and Steve Ware (Kansas). Jean has

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2005-06-15 Thread notify
Posted by Todd Zywicki: Brad Smith Steps Down From FEC: http://volokh.com/archives/archive_2005_06_12-2005_06_18.shtml#1118861850 My friend Brad Smith has announced that he is stepping down from the FEC to return to teaching. The Press Release is [1]here. While a loss for the country, it

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2005-06-15 Thread notify
Posted by Randy Barnett: Intellectual Property Meets Contract Law http://volokh.com/archives/archive_2005_06_12-2005_06_18.shtml#1118858650 The next session is Intellectual Property (IP) Meets Contract Law. It is being chaired by Jean Braucher (Arizona). She explains that part of the iss

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2005-06-15 Thread notify
Posted by Juan Non-Volokh: Brookhiser on Marijuana: http://volokh.com/archives/archive_2005_06_12-2005_06_18.shtml#1118857565 National Review has long bucked conservative orthodoxy on drug prohibition. The magazine first came out for drug decriminalization many years ago -- a controversi

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2005-06-15 Thread notify
Posted by Eugene Volokh: Nail Clippers: http://volokh.com/archives/archive_2005_06_12-2005_06_18.shtml#1118857247 Given [1]Todd's post below, I thought I'd repeat something [2]I discussed in more detail a year and a half ago: 1. Inside the typical piece of glass -- whether eyeglasses or

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2005-06-15 Thread notify
Posted by Eugene Volokh: No Controversial Speech at the College, Please: http://volokh.com/archives/archive_2005_06_12-2005_06_18.shtml#1118856668 [1]The Foundation for Individual Rights in Education -- whose assertions I've generally found to be quite trustworthy, and which backs them u

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2005-06-15 Thread notify
Posted by Eugene Volokh: Careful with That Long-Term Planning: http://volokh.com/archives/archive_2005_06_12-2005_06_18.shtml#1118853960 [1]Robert Samuelson writes, in the Washington Post: Europe as we know it is slowly going out of business. . . . It's hard to be a great power if y

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2005-06-15 Thread notify
Posted by Juan Non-Volokh: MoveOn.Org Misleads on PBS: http://volokh.com/archives/archive_2005_06_12-2005_06_18.shtml#1118853751 MoveOn.Org is seeking to [1]mobilize its members in defense of federal funding for public broadcasting, but is doing so in a misleading manner. The MoveOn webs

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2005-06-15 Thread notify
Posted by Eugene Volokh: More on "Digital Mob": http://volokh.com/archives/archive_2005_06_12-2005_06_18.shtml#1118853144 I agree with [1]Juan's criticisms of the "bloggers as digital mob" argument, and just wanted to add this: The reason that we dislike mobs is that they have the power

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2005-06-15 Thread notify
Posted by Juan Non-Volokh: "Digital Mob": http://volokh.com/archives/archive_2005_06_12-2005_06_18.shtml#1118850127 The folks at [1]Technology Review is upset that the "digital mob" is too critical of the MSM and has claimed the careers of Dan Rather, Eason Jordan, and Jeff Gannon.

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2005-06-15 Thread notify
Posted by Randy Barnett: (Almost) Live Blogging From AALS Contracts Conference: http://volokh.com/archives/archive_2005_06_12-2005_06_18.shtml#1118846518 I am in Montreal at the Association of American Law Schools (AALS) Mid-Year Meeting. This year the topic is Exploring the Boundaries of

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2005-06-15 Thread notify
Posted by Todd Zywicki: ANWR: http://volokh.com/archives/archive_2005_06_12-2005_06_18.shtml#1118844712 Peter Huber and Mark Mills, authors of [1]The Bottomless Well, weigh in [2]today on the question of drilling for oil in ANWR: What We Could Gain in Alaska Wednesday, June 15,

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2005-06-15 Thread notify
Posted by Todd Zywicki: Anne Applebaum on Cost-Benefit Analysis and Airport Security: http://volokh.com/archives/archive_2005_06_12-2005_06_18.shtml#1118842605 Having spent yesterday engaged in an agonzing day of a round-trip flight to New York and back, Anne Applebaum's column today callin

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2005-06-15 Thread notify
Posted by Todd Zywicki: Public Sectoring Crowding Out Private Charity: http://volokh.com/archives/archive_2005_06_12-2005_06_18.shtml#1118836958 I just came across [1]this paper by Gruber and Hungerman on crowding out of private sector charity by government spending. (Its an NBER paper,

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2005-06-15 Thread notify
Posted by Eugene Volokh: Unattributed Witticisms in a Graduation Speech: http://volokh.com/archives/archive_2005_06_12-2005_06_18.shtml#1118822540 [1]Eric Muller (IsThatLegal?) points to more unattributed copying in a dean's graduation speech -- but this is copying of someone else's witt

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2005-06-14 Thread notify
Posted by http://www1.law.ucla.edu/~sander/";>Rick Sander (guest-blogging): Responding to Critics (3): Selection-Bias Blues http://volokh.com/archives/archive_2005_06_12-2005_06_18.shtml#1118799904 Iâve posted in this space data that shows blacks who pass up the best law school that admit

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2005-06-14 Thread notify
Posted by Eugene Volokh: No Right to Same-Sex Marriage under the http://volokh.com/archives/archive_2005_06_12-2005_06_18.shtml#1118796310 New Jersey Constitution, the [1]New Jersey intermediate appellate court holds, by a 2-1 vote -- one dissenter would have held that the opposite-sex-

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2005-06-14 Thread notify
Posted by Eugene Volokh: Comments for the Scientific Fundamentalism Post: http://volokh.com/archives/archive_2005_06_12-2005_06_18.shtml#1118786774 Please post them here; please keep them on-topic, substantive, and polite. (Because of a glitch, I couldn't add them to the original post.)

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2005-06-14 Thread notify
Posted by Eugene Volokh: How About A Willingness To Misrepresent The Results Of Studies? http://volokh.com/archives/archive_2005_06_12-2005_06_18.shtml#1118786627 Would you get marked down for that? I'm speaking of [1]this CNN item, reporting on [2]this study: States Ranked: Smartest

[Volokh] New post at The Volokh Conspiracy

2005-06-14 Thread notify
Posted by Eugene Volokh: How About A Willingness To Misrepresent The Results Of Studies? http://volokh.com/archives/archive_2005_06_12-2005_06_18.shtml#1118785839 Would you get marked down for that? I'm speaking of [1]this CNN item, reporting on [2]this study: States Ranked: Smartest

[Volokh] New post at The Volokh Conspiracy

2005-06-14 Thread notify
Posted by David Kopel: Racist and Religous Bigot to Teach "Sensitivity" to Police: http://volokh.com/archives/archive_2005_06_12-2005_06_18.shtml#1118781882 The Catholic League for Religious and Political Rights is [1]protesting the decision of the New Orleans police chief to use the Nat

[Volokh] New post at The Volokh Conspiracy

2005-06-14 Thread notify
Posted by Eugene Volokh: Scientific Fundamentalism: http://volokh.com/archives/archive_2005_06_12-2005_06_18.shtml#1118781169 At the end of an otherwise quite interesting [1]Slate piece, which discusses the potential development of a "consciometer" -- a medical device for measuring consc

[Volokh] New post at The Volokh Conspiracy

2005-06-14 Thread notify
Posted by Orin Kerr: Update on Linden, Texas Story: http://volokh.com/archives/archive_2005_06_12-2005_06_18.shtml#1118779703 The [1]Texarkana Gazette has an interesting story on how the residents of Linden, Texas are reacting to the national media attention arising from the case that I

[Volokh] New post at The Volokh Conspiracy

2005-06-14 Thread notify
Posted by Orin Kerr: Perils of Criminal Law: http://volokh.com/archives/archive_2005_06_12-2005_06_18.shtml#1118778670 Imagine that you've just been convicted and sentenced to serve 14 years in federal prison for conspiracy to commit arson and then trying to get a hit man to take out the

[Volokh] New post at The Volokh Conspiracy

2005-06-14 Thread notify
Posted by Eugene Volokh: Decent Respect: http://volokh.com/archives/archive_2005_06_12-2005_06_18.shtml#1118771032 Should U.S. judges and U.S. politicians follow the views of "international opinion" on certain subjects? People who say yes often appeal to the Declaration of Independence's

[Volokh] New post at The Volokh Conspiracy

2005-06-14 Thread notify
Posted by Eugene Volokh: Pornography and Sexual Autonomy: http://volokh.com/archives/archive_2005_06_12-2005_06_18.shtml#1118768256 Someone asked on a lawprofs' discussion list whether Lawrence v. Texas means that obscenity laws are unconstitutional, on a sexual rights theory even if not

[Volokh] New post at The Volokh Conspiracy

2005-06-14 Thread notify
Posted by Orin Kerr: Statutory Federalism: http://volokh.com/archives/archive_2005_06_12-2005_06_18.shtml#1118765572 Although [1]Gonzales v. Raich doesn't offer much hope for meaningful constitutional limits on the scope of federal power under the Commerce Clause, a recent case from Mass

[Volokh] New post at The Volokh Conspiracy

2005-06-14 Thread notify
Posted by David Kopel: The New McCarthyism against Gun Owners: http://volokh.com/archives/archive_2005_06_12-2005_06_18.shtml#1118765047 "[1]The New McCarthyism: Restricting Constitutional Rights Based on Mere Suspicion" is the title of my new Issue Backgrounder for the Independence Ins

[Volokh] New post at The Volokh Conspiracy

2005-06-14 Thread notify
Posted by Tyler Cowen: Who says science is not politicized? http://volokh.com/archives/archive_2005_06_12-2005_06_18.shtml#1118762660 Bloggers often prize their anonymity. That's the case at EffectMeasure.com, a blog started in November that deals with bird flu and other diseases.

[Volokh] New post at The Volokh Conspiracy

2005-06-13 Thread notify
Posted by http://www1.law.ucla.edu/~sander/";>Rick Sander (guest-blogging): Responding to Critics (2): “Second-choice” students http://volokh.com/archives/archive_2005_06_12-2005_06_18.shtml#1118720537 This is the second in a series of postings further explaining [1]my work on the use

[Volokh] New post at The Volokh Conspiracy

2005-06-13 Thread notify
Posted by Orin Kerr: Not Guilty: http://volokh.com/archives/archive_2005_06_12-2005_06_18.shtml#1118697557 Michael Jackson has been acquitted on all counts. ___ Volokh mailing list Volokh@lists.powerblogs.com http://highsorcery.com/cgi-bin/mailman/

[Volokh] New post at The Volokh Conspiracy

2005-06-13 Thread notify
Posted by Orin Kerr: Comment on Firings for Self-Defense: http://volokh.com/archives/archive_2005_06_12-2005_06_18.shtml#1118694907 I'm not quite sure what to make of the 2001 [1]West Virginia decision recognizing a self-defense exception to employment at will that co-blogger David K. [2

[Volokh] New post at The Volokh Conspiracy

2005-06-13 Thread notify
Posted by Eugene Volokh: Blogger Catches University Dean in Commencement Address Plagiarism: http://volokh.com/archives/archive_2005_06_12-2005_06_18.shtml#1118689668 See [1]Sally Greene's post on this; the story has made the Chronicle of Higher Education. This strikes me, for a variety

[Volokh] New post at The Volokh Conspiracy

2005-06-13 Thread notify
Posted by Eugene Volokh: Firings for Self-Defense: http://volokh.com/archives/archive_2005_06_12-2005_06_18.shtml#1118688078 [1]Prof. Bainbridge offers a dissenting opinion to [2]the West Virginia Supreme Court's decision. I think his argument is quite powerful, though I think it's weake

[Volokh] New post at The Volokh Conspiracy

2005-06-13 Thread notify
Posted by Eugene Volokh: http://www.legalaffairs.org/webexclusive/debateclub_vouchers0605.msp";>School Choice Debate, at Legal Affairs: http://volokh.com/archives/archive_2005_06_12-2005_06_18.shtml#1118684827 Clint Bolick (President and General Counsel for the Alliance for School Choice)

[Volokh] New post at The Volokh Conspiracy

2005-06-13 Thread notify
Posted by Eugene Volokh: 30 Years: http://volokh.com/archives/archive_2005_06_12-2005_06_18.shtml#1118679542 Today marks the 30th anniversary of my family's and my leaving the then-Soviet Union. ___ Volokh mailing list Volokh@lists.powerblogs.com

[Volokh] New post at The Volokh Conspiracy

2005-06-13 Thread notify
Posted by Orin Kerr: Important Fourth Amendment Puzzle: http://volokh.com/archives/archive_2005_06_12-2005_06_18.shtml#1118678013 Here is an interesting legal question for readers interested in the Fourth Amendment. It involves a fact pattern that has started to come up quite often in th

[Volokh] New post at The Volokh Conspiracy

2005-06-12 Thread notify
Posted by Orin Kerr: More Than 100 Law Professor Bloggers: http://volokh.com/archives/archive_2005_06_12-2005_06_18.shtml#1118639318 Daniel Solove has posted a [1]very interesting list of all of the blogging law professors in the United States -- or at least all of the ones a group of us

[Volokh] New post at The Volokh Conspiracy

2005-06-12 Thread notify
Posted by Jim Lindgren: Bush and Kerry Grades at Yale.-- http://volokh.com/archives/archive_2005_06_12-2005_06_18.shtml#1118631492 My belated take on Bush's and Kerry's Yale grades: One question struck me about even the one issue that people discussed about the Kerry release: his Yale t

[Volokh] New post at The Volokh Conspiracy

2005-06-12 Thread notify
Posted by Jim Lindgren: Will Kerry's Military Records be Released to the Public?-- http://volokh.com/archives/archive_2005_06_12-2005_06_18.shtml#1118631161 Thomas Lipscomb of the Chicago Sun-Times has a [1]column on nagging doubts about the Kerry releases of military records to the Boston

[Volokh] New post at The Volokh Conspiracy

2005-06-11 Thread notify
Posted by David Kopel: W.V. Court Vindicates Self-defense Right for Employees: http://volokh.com/archives/archive_2005_06_05-2005_06_11.shtml#1118499071 In [1]Feliciano v. 7-Eleven, a masked woman with a gun attempted to rob the 7-Eleven where Feliciano worked. While the robber was dist

[Volokh] New post at The Volokh Conspiracy

2005-06-10 Thread notify
Posted by Orin Kerr: Slow News Day at National Public Radio: http://volokh.com/archives/archive_2005_06_05-2005_06_11.shtml#1118456961 Proof [1]here, from today's "All Things Considered." My written testimony before the House Judiciary Committee is available [2]here. References 1. http

[Volokh] New post at The Volokh Conspiracy

2005-06-10 Thread notify
Posted by Eugene Volokh: Redefining "Sexual Torture": http://volokh.com/archives/archive_2005_06_05-2005_06_11.shtml#1118444574 What interrogation tactics should be allowed, especially for people to whom we should apply the Geneva Convention (because they are lawful combatants covered by

[Volokh] New post at The Volokh Conspiracy

2005-06-10 Thread notify
Posted by David Bernstein: Craziest Tort Ruling Yet Issued by a State Supreme Court: http://volokh.com/archives/archive_2005_06_05-2005_06_11.shtml#1118442807 My nominee, not surprsingly, is from New Jersey (which provides several other candidates), [1]Canesi ex rel. Canesi v. Wilson 158 N.

[Volokh] New post at The Volokh Conspiracy

2005-06-10 Thread notify
Posted by http://www1.law.ucla.edu/~sander/";>Rick Sander (guest-blogging): Responding to Critics (1): A New Test of the Mismatch Theory: http://volokh.com/archives/archive_2005_06_05-2005_06_11.shtml#1118436252 The basic argument of [1]Systemic Analysis is simple: if there is a very larg

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