[Volokh] Randy Barnett: Really? Really??

2009-09-21 Thread notify
Posted by Randy Barnett: Really? Really?? http://volokh.com/archives/archive_2009_09_20-2009_09_26.shtml#1253495548 OK, I totally get the whole IS-OUGHT distinction thing. The Constitution IS what the Supreme Court says it is. The Constitution OUGHT TO BE what the text says. Although a

[Volokh] David Bernstein: Middle East News--The Lighter Side:

2009-09-21 Thread notify
Posted by David Bernstein: Middle East News--The Lighter Side: http://volokh.com/archives/archive_2009_09_20-2009_09_26.shtml#1253535781 [1]'Gay' vulture couple split up at Jerusalem zoo, then become fathers References 1. http://www.haaretz.com/hasen/spages/1115739.html

[Volokh] Orin Kerr: Really:

2009-09-21 Thread notify
Posted by Orin Kerr: Really: http://volokh.com/archives/archive_2009_09_20-2009_09_26.shtml#1253545125 In [1]his post below, my co-blogger Randy [2]channels Seth Myers and asks if those who follow the Supreme Court closely think that the Court would actually uphold hypothetical legislati

[Volokh] David Bernstein: Small Contribution to the Debate Over the Constituitonality of Mandatory Health Insurance:

2009-09-21 Thread notify
Posted by David Bernstein: Small Contribution to the Debate Over the Constituitonality of Mandatory Health Insurance: http://volokh.com/archives/archive_2009_09_20-2009_09_26.shtml#1253545816 My small contribution is that the Supreme Court would be much more likely to invalidate elements o

[Volokh] David Kopel: Buddhists and Moslems arm against terrorists:

2009-09-21 Thread notify
, with 27 bombings and eight arson attacks in the past month. In that period, there were a hundred terrorist attacks, which left 51 dead and 83 wounded. References 1. http://www.strategypage.com/default.asp 2. http://www.strategypage.com/qnd/thai/articles/20090921.aspx

[Volokh] Orin Kerr: The Supreme Court "Cert Pool" Criticized:

2009-09-21 Thread notify
Posted by Orin Kerr: The Supreme Court "Cert Pool" Criticized: http://volokh.com/archives/archive_2009_09_20-2009_09_26.shtml#1253566190 [1]Tony Mauro has coverage of a recent panel on the[2] cert pool in which several very prominent practitioners criticized the Supreme Court's existing

[Volokh] Eugene Volokh: Student Group Suspended, Faculty Advisor Removed Because Faculty Advisor Expressed Willingness To Defend Himself:

2009-09-21 Thread notify
Posted by Eugene Volokh: Student Group Suspended, Faculty Advisor Removed Because Faculty Advisor Expressed Willingness To Defend Himself: http://volokh.com/archives/archive_2009_09_20-2009_09_26.shtml#1253572518 This strikes me as quite a bad reaction on UNC's part, assuming the facts in

[Volokh] Eugene Volokh: Memo to Police: Your Power To Coercively Stop People Shouldn't Be Used for Tourism Gimmicks:

2009-09-21 Thread notify
Posted by Eugene Volokh: Memo to Police: Your Power To Coercively Stop People Shouldn't Be Used for Tourism Gimmicks: http://volokh.com/archives/archive_2009_09_20-2009_09_26.shtml#1253576596 The [1]Chicago Tribune reports: Last week [Kalona, Iowa's] Chamber of Commerce and Washington

[Volokh] Eugene Volokh: Government Instructing Private Corporation To Stop Expressing Certain Opinions About Health Care Reform?

2009-09-21 Thread notify
Posted by Eugene Volokh: Government Instructing Private Corporation To Stop Expressing Certain Opinions About Health Care Reform? http://volokh.com/archives/archive_2009_09_20-2009_09_26.shtml#1253577624 Here's a [1]letter from the Department of Health & Human Services Centers for Medicare

[Volokh] Jonathan Adler: *Connecticut v. AEP* -- Missing No Longer:

2009-09-21 Thread notify
Posted by Jonathan Adler: *Connecticut v. AEP* -- Missing No Longer: http://volokh.com/archives/archive_2009_09_20-2009_09_26.shtml#1253581056 Over the summer I [1]pondered the fate of Connecticut v. American Electric Power, a case argued before the Second Circuit in June 2006. The case,

[Volokh] Jonathan Adler: Politicizing the NEA:

2009-09-21 Thread notify
Posted by Jonathan Adler: Politicizing the NEA: http://volokh.com/archives/archive_2009_09_20-2009_09_26.shtml#1253582499 I suppose [1]this should not be a surprise. If the federal government funds art and other expressive endeavors, politicization is sure to follow. References 1.

[Volokh] Jonathan Adler: Clunk Confirmed:

2009-09-21 Thread notify
Posted by Jonathan Adler: Clunk Confirmed: http://volokh.com/archives/archive_2009_09_20-2009_09_26.shtml#1253582712 A [1]new paper in The Economists' Voice concludes that the costs of the "cash for clunkers" program exceed the benefits by approximately $2000 per vehicle. Meanwhile, [2]S

[Volokh] Ilya Somin: The Supreme Court, the Election Returns, and Mandatory Health Insurance:

2009-09-21 Thread notify
Posted by Ilya Somin: The Supreme Court, the Election Returns, and Mandatory Health Insurance: http://volokh.com/archives/archive_2009_09_20-2009_09_26.shtml#1253584123 [1]David Bernstein's recent post raises the issue of how the political situation might affect the Supreme Court's conside