Burning in effigy and a generally applicable arson statute

2003-06-04 Thread Volokh, Eugene
Bellecourt v. City of Cleveland, 2003 WL 21101089 (Ohio App.), holds
that burning someone in effigy at a public rally was protected speech,
notwithstanding a generally applicable arson statute, when it seemed clear
that the burning posed no danger ([T]he demonstration took place in a paved
area cordoned off with metal barricades and surrounded by police officers as
well as six fire fighters equipped with fire extinguishers.  Moreover, the
public was rerouted away from the area.).  An interesting case, given the
recurring (and still valid) point that Texas v. Johnson held not that
flagburning was protected as such, but rather that it was protected against
a law that singled out flagburning because of its message.

Eugene


Re: More on recess appointments

2003-06-14 Thread Volokh, Eugene
I certainly agree with Sandy's descriptive claim that the Court is
capable of deciding that Article II doesn't control here.  But that's a
separate question from the normative claim of whether the Court should so
decide.  That the Court may have decided the sovereign immunity cases in a
way that's inconsistent with the text and the original meaning (if that is
indeed so) doesn't mean that the Court ought to likewise set aside the text
and the original meaning in this instance (and I know of no evidence that
the text and the original meaning differ here).

Moreover, as I understand the state sovereign immunity cases -- and
I hasten to say that I'm not an expert on the history of the subject -- they
are at least supported by a pretty long line of precedent going back to Hans
v. Louisiana and in some measure before, and there is at least some
contemporaneous evidence (for instance, a statement in the Federalist) that
state sovereign immunity was meant to be preserved by the Constitution.
That original meaning or traditional understanding may sometimes trump text
is one thing; it doesn't follow, it seems to me, that pretty general
structure should trump a pretty specific text and traditional understanding.

It seems to me that this is especially so with regard to questions
such as who appoints high government officials, even temporary ones.  This
seems to me to be the sort of question for which it's especially important
to have a pretty definite answer.  The text provides a fairly definite
answer; the history cements it; it seems to me that we should stick with
that, despite the plausible structural arguments against it.

Recall, incidentally, that there's a plausible structural argument
in favor of temporary appointments, too -- judicial vacancies can cause a
pretty serious interference with federal business, and would have caused
even more in the early Republic, where having judges from neighboring courts
sit by designation would have been much more difficult.

Eugene

 -Original Message-
 From: Levinson [mailto:[EMAIL PROTECTED]
 Sent: Saturday, June 14, 2003 11:58 AM
 To: [EMAIL PROTECTED]
 Subject: Re: More on recess appointments


 David Wagner writes:

 Recess appointees look anomalous from a constitution-maker's
 perspective, but the Constitution we actually have provides
 for them (Art. II. Sec. 2, paragraph 3). The reference here
 to vacancies presumably refers to the wide range of
 officers listed in paragraph 2. Is there a textual argument
 that paragraph 3 is inapplicable to Art. III judges?


 I don't think there's a textual argument available, but so
 what?  There's certainly a strong structural argument and now
 a strong precedential argument, especially if one takes last
 week's case seriously.  There is no more reason to read the
 Article II text as absolute than there is, say, to read the
 First Amendment or the Contract as absolute, whatever their
 grammar (why doesn't no law mean no law?).  A court
 capable of deciding the recent bunch of structural
 federalism/no federal jurisdiction cases, in the teeth of the
 language of the 11th amendment, is certainly capable of
 deciding that Article II doesn't control with regard to
 something so important as preserving judicial independence
 and the appearance of same.  That recess appointments go way
 back shouldn't count for this court.  After all, it had no
 trouble saying that the Chisholm v. Georgia court simply
 engaged in an obvious misunderstanding of the Constitution
 (whatever the text) in upholding diversity juri!  sdiction,
 so that, presumably, the 11th amendment was wholly unncessary
 (except to reverse the court's inexplicably stupid decision).

 sandy



Re: More on recess appointments

2003-06-15 Thread Volokh, Eugene
Sandy Levinson writes:

 Isn't it spectacularly likely, incidentally, that no one
 drafting the Constitution give a nano-second of thought to
 the possibility of recess appointments to the federal
 judiciary?  Is this relevant (assuming it is true)?

Why would this be that likely?  The notion that there'd be a vacancy
in a judicial office wouldn't be that strange, it seems to me.  They
obviously thought quite a bit about the judicial branch -- why wouldn't they
think about vacancies there.

Incidentally, does anyone know about whether there were notable
judicial vacancies in the states in the years before the Framing, and how
they were dealt with?

Eugene


Re: Proposed dorm speech code at the University of Alabama

2003-06-19 Thread Volokh, Eugene
Two questions:

(1)  Say a city bans all billboards with offensive signs, if the
billboards are visible from a private residence; and also bans all tenants,
in privately owned housing (including private university housing) as well as
publicly owned housing, from displaying offensive materials in their
hallways, even when the housing owner would allow this.  Would you say
that's constitutional?  Or does the protection of people in their homes (or
perhaps around their homes, if one treats the student's home as just being
his room, and not the common area that he shares with dozens of others)
justify restrictions on offensive speech only when the government acts as
proprietor of its own housing, and not when it acts as sovereign?

(2)  Even if some such restrictions are permissible, may the
government impose viewpoint-based restrictions (e.g., no racist or sexist
postings or no Confederate flags) and restrictions that are quite vague
and that are thus open to viewpoint-based enforcement (e.g., no harassing
postings)?  Or would the government's power extend only to, say,
content-neutral bans on all postings, or at least such bans that seem
viewpoint-neutral (perhaps no profanity in postings)?  Compare Frisby v.
Schultz (upholding a content-neutral residential picketing ban justified by
arguments such as those that Greg makes) with Carey v. Brown (striking down
such a ban when it had a content-based exception for labor picketing).

Eugene


 -Original Message-
 From: Sisk, Gregory C. [mailto:[EMAIL PROTECTED]
 Sent: Thursday, June 19, 2003 11:40 AM
 To: [EMAIL PROTECTED]
 Subject: Re: Proposed dorm speech code at the University of Alabama


 Mark raises, I think, an important point about the legitimacy
 of different rules for different areas in a dormitory that I
 suggest can be recognized as valid even by those of us (and I
 include myself) who are something of free-speech absolutists
 in most other contexts.

 Many years ago when I (successfully) as a brand-new law
 professor had the temerity (in the view of some) to campaign
 against a proposed speech code at my former institution, I
 nonetheless became convinced that the countervailing
 interests of students living in a dormitory to avoid being
 confronted with offensive imagery in their own homes deserved
 positive consideration.  While a student should be left
 largely unregulated in choosing what images or expressive
 materials to post inside the student's own room, the privacy
 and emotional security interests of other students emerge
 when expression that may offend is imposed upon a captive
 audience in the very place where persons retreat for rest and renewal.

 When a person ventures forth into the world at large, he or
 she cannot be protected from exposure to sights, sounds, etc.
 that the particular person may find displeasing.  And when
 that displeasure is grounded in disagreement with the idea
 expressed, calling upon the government to suppress it is most
 troubling.  Thus, for example, the common areas of the
 university, as with the public sidewalks of a street, should
 be free speech zones.  In these areas, arguments about
 offense, emotional distress, etc. cannot justify governmental
 intervention.

 But even the hardiest of souls needs a place of retreat, to
 be refreshed, to be at home.  And for many college students
 that place is the dormitory. In my view, a student going and
 from his or her room to the lavatory or to the elevator -- a
 journey that cannot be avoided -- should not have to suffer
 the emotional onslaught of offensive images.  Just as I
 believe a community is justified in adopting different rules
 regarding street protests and marches for residential areas,
 I think a university justifiably can adopt a more protective
 approach to living quarters, requiring greater sensitivity to
 the concerns of neighbors, including adopting some
 restrictions for those elements of a dormitory that are
 immediately adjacent to the rooms in which students live.
 The difficulty is in defining what is and is not permitted,
 and applying that definition, in a manner that is as neutral
 as possible and leaves little discretion for overzealous
 administrators in enforcement.)

 Greg Sisk

 Gregory Sisk
 Professor of Law
 University of St. Thomas School of Law (Minneapolis)
 1000 LaSalle Avenue
 Minneapolis, MN  55403-2005
 651-962-4923
 [EMAIL PROTECTED]



 -Original Message-
 From: Mark Tushnet [mailto:[EMAIL PROTECTED]
 Sent: Thursday, June 19, 2003 1:07 PM
 To: [EMAIL PROTECTED]
 Subject: Re: Proposed dorm speech code at the University of Alabama

 It's worth noting that the policy remains in draft form.  One
 might imagine different provisions for spaces interior to
 residents' rooms, and those exposed to the public such as the
 exteriors of doors.  I think much would turn on precisely
 what the policy covers.  But, I would think that there's no
 serious problem with pretty restrictive 

Lawrence vs. Glucksberg

2003-06-26 Thread Volokh, Eugene
I'm certainly not going to mourn the demise of sodomy laws, which
I've long thought were quite outrageous.  But I'm wondering about the
boundaries of the majority's logic, and in particular how it relates to the
right to assisted suicide rejected in Glucksberg.  Wouldn't a right to
decide how to die be as important to one's dignity as [a] free person[] as
the right to build sexual relationships?

I realize that there are stronger arguments for why the government
may properly burden or even prohibit the exercise of that right; but
Glucksberg held that the right really isn't protected by anything more than
a rational basis test, relying largely on the only traditional rights
rationale that Lawrence seems to pretty decisively reject.  Is this still
sound post-Lawrence?

Eugene


What did he think, and when did he think it?

2003-06-26 Thread Volokh, Eugene
So here's the question:  Given that Justices are *supposed to* be
swayed by good arguments in briefs, and by collegial interactions with their
colleagues, and given that lots of people change their views in 12 years,
how can examination of his opinion today give us an even remotely reliable
guess about what he thought 12 years ago?

After all, it's not uncommon for people to at first have a pretty
general and not terribly well-examined view of an issue -- e.g., there is a
right to privacy, albeit a very narrow one, which applies to things like
contraception among married people -- and then on reflection, reading, and
discussion conclude that their view was wrong -- constitutionally
illegitimate, practically unworkable, or what have you.  Now maybe that
isn't what happened with Thomas; but how could we possibly, based on his
decision today, get any meaningful enlightenment about whether it did or
didn't happen?

Eugene


General right to privacy

2003-06-26 Thread Volokh, Eugene
Justice Stewart said general right to privacy precisely to
distinguish the right from a more limited constitutional privacy right:

The Court says it is the right of privacy 'created by several
fundamental constitutional guarantees.' With all deference, I can find no
such general right of privacy in the Bill of Rights, in any other part of
the Constitution, or in any case ever before decided by this Court. [FN7]

FN7. Cases like Shelton v. Tucker, 364 U.S. 479, 81 S.Ct. 247, 5 L.Ed.2d
231, and Bates v. City of Little Rock, 361 U.S. 516, 80 S.Ct. 412, 4 L.Ed.2d
480, relied upon in the concurring opinions today. dealt with true First
Amendment rights of association and are wholly inapposite here. See also,
e.g., NAACP v. State of Alabama, 357 U.S. 449, 78 S.Ct. 1163, 2 L.Ed.2d
1488; Edwards v. South Carolina, 372 U.S. 229, 83 S.Ct. 680, 9 L.Ed.2d 697.
. . .

Moreover, a few paragraphs before Stewart mentioned some
constitutional rights that might be seen as securing more limited
constitutional privacy rights:

As to the First, Third, Fourth, and Fifth Amendments, I can find
nothing in any of them to invalidate this Connecticut law, even assuming
that all those Amendments are fully applicable against the States. . . .

So I understood Stewart as saying that there's no general right of
privacy that goes beyond the privacy rights secured by the First Amendment
right of anonymous association, the Third Amendment, the Fourth Amendment,
and the privilege against self-incrimination.  I would assume that Thomas is
saying the same today, though of course that's only a guess.

Eugene

 -Original Message-
 From: Mark S Kende [mailto:[EMAIL PROTECTED]
 Sent: Thursday, June 26, 2003 4:09 PM
 To: [EMAIL PROTECTED]
 Subject: Re: Thomas on privacy


 The disagreement I have with Ilya's most post below is at two
 levels.  First, I think Thomas' statement in Lawrence that
 there's no general right to privacy should not be read to
 mean Thomas thinks there is some more limited constitutional
 privacy right, as Ilya charitably suggests.  That would not
 explain Thomas' reliance on Stewart in Griswold.  Moreover,
 Thomas' textualist emphasis in Lawrence further supports my
 interpretation (he can't find the right in the Constitution
 -- the word privacy isn't there).

 Second, if Ilya's right that Thomas believes the Constitution
 protects privacy in marriage and in other traditional
 contexts (based on Thomas confirmation testimony),  where
 does Thomas get these beliefs but from some kind of
 generalizable privacy principle? (which Thomas seems to be
 denying exists in Lawrence despite saying it existed at confirmation).

 As to Eugene's post that Thomas essentially may have
 developed different views over the last dozen years and that
 we shouldn't expect a Court nominee to have well honed
 perspectives on every issue, that doesn't make sense to me
 given the post-Bork timing of the Thomas hearing and other
 information that has come out about Thomas' views.  Mark



 On Thu, 26 Jun 2003, Ilya Somin wrote:

  Thanks to Keith for finding the relevant quotes.
 
  In answer to Mark, I think that Thomas meant (both at the
 hearing and
  possibly in Lawrence) not that protection of privacy is
 dependent on
  OTHER fundamental rights, but rather than some types of privacy are
  themselves fundamental whereas others are not. IN particular, the
  comments quoted by Keith suggest that the fundamental
 ones may be 1)
  privacy in marital and family relationships, and 2) forms
 of privacy
  that are recognized by history and tradition. I'm not a
 big fan of
  this kind of vague approach myself, but it's not inherently
  inconsistent, and it certainly doesn't contradict Thomas'
 statements
  to the Senate.
 
  As to Thomas' statement that there is a right of privacy in the
  Fourteenth Amendment, this is not the same thing as saying
 that there
  is a GENERAL right of privacy. If some forms of privacy are
 protected
  by the Amendment, it doesn't follow that all  are.
 
  Ilya Somin
 
  On Thu, 26 Jun 2003, Keith E. Whittington wrote:
 
   At least according to a website selection (the accuracy
 of which I
   can't guarantee), Thomas responded to a Biden question about
   abortion and privacy by saying that My view is that there is a
   right to privacy in the Fourteenth Amendment, and
 elaborating when
   pressed about abortion rights particularly that The
 Supreme Court
   has made clear that the issue of marital privacy is
 protected.  He
   reinforced that later in the exchange, noting I think -- and I
   think the Supreme Court's rulings in the privacy area support --
   that the notion of family is one of the most personal and most
   private relationships that we have in our country.
 Later, Thomas
   suggested to Leahy that the approach that Justice Harlan took in
   Poe v. Ullman and reaffirmed again in Griswold in determining the
   right to privacy was the appropriate 

Statutory rape laws

2003-07-15 Thread Volokh, Eugene
I appreciate Bryan's arguments in favor of gender neutrality here,
but does he have any thoughts on the prosecution problem?  If a state law
prohibits, say, all sex with under-16-year-olds (with no Romeo/Juliet
provision), how can this ever be enforced when two 15-year-olds are having
sex?  Presumably both will take the Fifth, and the likely witnesses -- often
parents of one of the children -- won't want to testify or even call the
police, given that their own child would be put at risk of prosecution.
What to do?  I suppose it might be possible to have some other rule, such as
prosecuting the older one but not the younger one, even if the difference is
a few months.  Would that be the suggestion, and would it be effective?

More broadly, assume that the danger to girls -- the physical danger
of pregnancy, the less imbalanced physical danger of STDs (as I understand
it, STDs are more easily spread from men to women rather than vice versa,
but I may be wrong), and the empirical sense that girls are more likely to
be reluctant participants than boys, and thus more likely to be emotionally
hurt by relationships gone bad (as relationships often do) -- does appear
greater than the danger to boys.  If that's so, then would it be fair to
prosecute the 15-year-old girl (and often not the 15-year-old boy, for the
reasons I mention above, at least assuming the sex-neutral tiebreaker, such
as age, cuts in favor of prosecuting the girl) under a statute that's aimed
at protecting the girls themselves?

I should say that my sympathies are with equal treatment without
regard to sex here; and I should also say that I'm not wild about statutory
rape laws with fixed age tests (as opposed to difference-between-the-ages
tests).  Still, the objections I mention above give me pause, so I was
wondering if Bryan could dispel them.

Eugene

 -Original Message-
 From: Bryan Wildenthal [mailto:[EMAIL PROTECTED]
 Sent: Tuesday, July 15, 2003 1:10 PM
 To: [EMAIL PROTECTED]
 Subject: Re: Lawrence, Limon and SDP Review Stratification


  Attempting to respond only to the first paragraph of James
 Blumstein's very thoughtful posting (see below -- I don't
 have time to respond to the rest, which also raises very
 valuable points):

 Indeed, I started wondering about Michael M v Sup Ct after I
 sent my earlier posting about Lawrence and Limon, although
 Michael M and Limon raise somewhat distinct issues (Michael
 M: whether boy but not girl having sex with each other can be
 punished when of same ages; Limon: whether boy but not girl
 can be subjected to radically different punishments for
 having sex with a younger boy).

 Another possible ground to distinguish Michael M (which at
 any rate I think is blatantly inconsistent with both previous
 and later sex discrimination rulings), is that, as I recall,
 the key justification for treating boys and girls differently
 in consensual statutory rape, was that girls but not boys get
 pregnant, nature's (possible) punishment of the girl thus
 balancing out a governmental punishment applied only to the
 boy.  That obviously doesn't apply to a same-sex encounter.
 And before someone suggests that the risk of HIV transmission
 might justify disfavoring age-differential gay sex as
 compared to equally age-differential straight sex, note that HIV (of
 course) can be and is also transmitted by straight sex, and
 indeed, I understand from recent news reports that the most
 rapidly growing risk group for HIV is now young women
 (especially minority women) who contract it in heterosexual
 encounters.

 Lest there be any confusion, I do not endorse either type of
 nature's punishment argument.  Nor did the Michael M Court
 use such terminology.  I am just paraphrasing with some
 intentional sarcasm and irony.

 Recalling the realpolitik voting line-ups on the Supreme
 Court, Michael M was a 5-4 decision with Justice Stewart in
 the majority and Blackmun concurring only in the judgment.
 O'Connor replaced Stewart later in 1981 and in 1982, wrote
 the 5-4 decision in Miss. U. of Women v Hogan, greatly
 strengthening (in practice, if not in theory) scrutiny of sex
 discrimination.  Hogan is one of the cases that I find
 irreconcilable with Michael M, as are later cases, like JEB v
 Alabama (1994) (per Blackmun, J) and US v Virginia (1996).
 On the other hand, Nguyen v INS (2001) is another 5-4 setback
 for sex equality, again blatantly inconsistent with the others.

 Being an eternal optimist, I would just hope the Supremes
 eventually overrule Michael M (and Nguyen for that matter).
 I agree that as long as it remains on the books, the Kansas
 and other courts may find it a convenient excuse to uphold
 anti-gay Romeo and Juliet statutory rape laws.

 Bryan Wildenthal
 Thomas Jefferson School of Law

 -Original Message-
 From: Blumstein, James
 To: [EMAIL PROTECTED]
 Sent: 7/12/03 12:27 PM
 Subject: Re: Lawrence, Limon and SDP Review Stratification

 I 

Re: Statutory rape laws

2003-07-15 Thread Volokh, Eugene
 the federal monetary incentives, however) The struggle I see
 coming is over age-of-consent,  with a horrible subtext
 involving arguments that pedophilia and/or sexual abuse of
 the young is not harmful, etc. Best Lynne
 - Original Message -
 From: Volokh, Eugene [EMAIL PROTECTED]
 To: [EMAIL PROTECTED]
 Sent: Tuesday, July 15, 2003 2:23 PM
 Subject: Statutory rape laws


  I appreciate Bryan's arguments in favor of gender
 neutrality
  here, but does he have any thoughts on the prosecution
 problem?  If a
  state law prohibits, say, all sex with under-16-year-olds (with no
  Romeo/Juliet provision), how can this ever be enforced when two
  15-year-olds are having sex?  Presumably both will take the
 Fifth, and
  the likely witnesses --
 often
  parents of one of the children -- won't want to testify or
 even call
  the police, given that their own child would be put at risk of
  prosecution. What to do?  I suppose it might be possible to
 have some
  other rule, such
 as
  prosecuting the older one but not the younger one, even if the
  difference
 is
  a few months.  Would that be the suggestion, and would it be
  effective?
 
  More broadly, assume that the danger to girls --
 the physical
 danger
  of pregnancy, the less imbalanced physical danger of STDs (as I
  understand it, STDs are more easily spread from men to women rather
  than vice versa, but I may be wrong), and the empirical sense that
  girls are more likely to be reluctant participants than
 boys, and thus
  more likely to be
 emotionally
  hurt by relationships gone bad (as relationships often do) -- does
  appear greater than the danger to boys.  If that's so, then
 would it
  be fair to prosecute the 15-year-old girl (and often not the
  15-year-old boy, for the reasons I mention above, at least assuming
  the sex-neutral tiebreaker,
 such
  as age, cuts in favor of prosecuting the girl) under a
 statute that's
 aimed
  at protecting the girls themselves?
 
  I should say that my sympathies are with equal treatment
  without regard to sex here; and I should also say that I'm not wild
  about
 statutory
  rape laws with fixed age tests (as opposed to
  difference-between-the-ages tests).  Still, the objections
 I mention
  above give me pause, so I was wondering if Bryan could dispel them.
 
  Eugene
 
   -Original Message-
   From: Bryan Wildenthal [mailto:[EMAIL PROTECTED]
   Sent: Tuesday, July 15, 2003 1:10 PM
   To: [EMAIL PROTECTED]
   Subject: Re: Lawrence, Limon and SDP Review Stratification
  
  
Attempting to respond only to the first paragraph of James
   Blumstein's very thoughtful posting (see below -- I don't
 have time
   to respond to the rest, which also raises very valuable points):
  
   Indeed, I started wondering about Michael M v Sup Ct after I
  



Lawrence v. Texas and statutory rape

2003-07-15 Thread Volokh, Eugene
Question:  Now that the Court has held that the Constitution secures
a right to have sex with consenting adults, is it still constitutionally
permissible for states to make statutory rape a strict liability offense as
to age?

After all, even child pornography prosecutions require some showing
of scienter, see New York v. Ferber, since the theory is that otherwise the
strict liability ban on unprotected conduct may also deter protected
conduct.  If I reasonably believed she was 18 is a defense in a child
pornography case, why wouldn't it similarly be a defense in a statutory rape
case?

Eugene


Northern Illinois Law Review Symposium on Emerging Issues in Equ al Protection Jurisprudence

2003-07-30 Thread Volokh, Eugene
Title: Message





  
  -Original Message-From: Amy M. Miller
  [mailto:[EMAIL PROTECTED] Sent: Tuesday, July 29, 2003 3:07
  PMTo: [EMAIL PROTECTED]Subject: could you publish this
  on con law list serv?
  
  
  
  
  CALL FOR PAPERS
  The Northern Illinois University College of Law announces its 13th annual
  Law Review Symposium, which will focus this year on "Emerging Issues
  in Equal Protection Jurisprudence."
  The Symposium will bring together legal scholars and practitioners to
  present the most recent understandings of how the legal systems of the United
  States address the critical social issue of equal protection. The Symposium's
  goal is to highlight the manner in which legal systems both fulfill their
  roles in responding to equal protection violations as well as fail to fulfill
  these roles.
  The Northern Illinois University Law Review is an academic legal journal
  devoted to discourse on legal issues of public concern. The summer 2004 issue
  will be devoted to papers submitted for the production of the 13th annual
  Symposium. Non-traditional journal articles, such as essays, letters,
  and booknotes will be considered for publication as well.
  The Law Review Symposium Editor announces a call for papers for this issue.
  Scholars and practitionersmay submit papers for publication only or for
  inclusion with the Symposium. 
  The Symposium will be held in March 2004. Papers are due byDecember
  1, 2003. For further information, please contact Amy Miller, Symposium Editor,
  at [EMAIL PROTECTED] or
  atNorthern Illinois University Law ReviewAttention: Symposium
  EditorSwen Parson HallDeKalb IL 60115or by calling (815)
  753-0619.
  
  Amy M. Miller
  1305 N. Annie Glidden, Apt.
  613
  DeKalb, IL 60115
  815 - 762 - 1062, [EMAIL PROTECTED]
  
  
  Do you Yahoo!?Yahoo!
  SiteBuilder - Free, easy-to-use web site design
software


University of Wisconsin / Milwaukee Political Science Department has opening in public law / judicial politics

2003-08-01 Thread Volokh, Eugene
Title: Message





  
  -Original Message-From: Sara C. Benesh 
  [mailto:[EMAIL PROTECTED] Sent: Thursday, July 31, 2003 12:02 
  PMTo: [EMAIL PROTECTED]
  . . .
  
  
  The University of WisconsinMilwaukee 
   
  Assistant Professor: Public Law/Judicial 
  Politics
  
  The Department of Political Science, 
  pending budgetary approval, invites applications for an anticipated tenure 
  track position at the rank of Assistant Professor in public law/judicial 
  politics with a starting 
  date of August 2004. We seek a scholar engaged in 
  significant research in any area of the subfield. Primary teaching 
  responsibilities will be constitutional law and other courses in the law 
  studies option of the political science major, including law and society and 
  judicial process. We are open to a wide range of additional graduate and 
  undergraduate teaching interests within and beyond public law including 
  methodology. The teaching load is two courses per semester and the salary is 
  competitive with peer institutions and commensurate with experience. A Ph.D. 
  in political science and evidence of excellence in research and teaching is 
  required. 
  
  The application deadline is October 20, 
  2003. Please send your 
  application, including a vita, three letters of reference, a brief writing 
  sample, and summary evidence of teaching competence (by U.S. mail) to 
  Professor Howard Handelman, Chair, Department of Political Science, P.O. Box 
  413, University of Wisconsin-Milwaukee, Milwaukee, WI 53201. UWMilwaukee is 
  an affirmative action, equal employment opportunity employer.
  
  Sara C. Benesh
  Assistant Professor  Director of 
  Undergraduate Studies
  Department of Political Science
  P.O. Box 413
  Milwaukee, WI 53201
  414.229.6720 voice
  414.229.5021 fax
  [EMAIL PROTECTED] email
  http://www.uwm.edu/~sbenesh 
  web
  


Value of crime-advocating speech

2003-08-14 Thread Volokh, Eugene
My apologies for troubling all of you about this, but I'm looking
for examples of an argument that runs more or less like this:

Even speech that advocates crime can serve the search for truth /
marketplace of ideas / democratic self-government.  Such speech often
carries with it legitimate critiques of the existing laws, as well as the
illegitimate call for violating them.  While the speech may persuade a few
listeners to commit crimes, the very same speech may persuade many others to
take peaceful steps to change the law.  And though people could in theory
make the same critiques without the calls for illegal action, in practice
such self-censored speech wouldn't be as effective even in its legitimate
critiques, because [listeners won't fully perceive the rage behind the
speaker's argument / the criticisms won't seem as authentic / etc.].

I'm pretty sure I've heard this in various sources, but I can't seem
to find them, and I thought someone on the list might be kind enough to help
me out.  I am *not* looking for other arguments about the benefits of such
speech, e.g., the safety valve argument, the argument that only conflict
with bad ideas can really sharpen our understanding of the good ideas, and
so on.  I'm focusing specifically on the dual-use product argument -- that
the speech may persuade some people to act lawfully, even though it may
persuade others to act lawlessly.  Thanks in advance,

Eugene


CONLAWPROF post -- possible virus attachment

2003-08-19 Thread Volokh, Eugene
A reader reports that the attachment to the post below contained a
virus.  I haven't checked this myself, but it's worth erring on the safe
side:  Please make sure you do not open that attachment.  (Naturally, the
quoted text below does not include the virus -- only the original message
did.)  As you may have noticed, the list isn't being moderated right now,
which is why the attachment went through.

Eugene

 -Original Message-
 From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]
 Sent: Tuesday, August 19, 2003 5:07 AM
 To: [EMAIL PROTECTED]
 Subject: Re: Details


 Please see the attached file for details.



CONLAWPROF users: Please bookmark the instruction page

2003-09-03 Thread Volokh, Eugene
If you haven't done so already, PLEASE bookmark the page
http://www1.law.ucla.edu/~volokh/conlawprof.htm
http://www1.law.ucla.edu/~volokh/conlawprof.htm  .  That way, when you
have technical problems with the list, or want to know how to resubscribe,
or want to know how to tell colleagues to subscribe, you can just refer back
to it, without needing to wait for a response from the list custodian.
Thanks very much,

Eugene