The Volokh Conspiracy

Entries

• "There Is an Error in the Supreme Court's Analysis in Loper Bright."
  July 24, 2026

  The Supreme Court's Chevron decision did not cite the Administrative Procedure Act perhaps because it was not an APA ...

• Sharia Divorce Law in American Court
  July 23, 2026

  An interesting demonstration of how foreign law—including Islamic law—is sometimes applied (pursuant to American law)...

• Sharia Divorce Law in American Courts
  July 23, 2026

  An interesting demonstration of how foreign law—including Islamic law—is sometimes applied (pursuant to American law)...

• No Pseudonymity for Sex Offender Immigration Detainee Who Speculates He May Face Harm in Syria if Identified
  July 23, 2026

  From Alobid v. Marin, decided March 9, 2026 by Magistrate Judge Alka Sagar (C.D. Cal.), but just posted on Westlaw… T...

• Today in Supreme Court History: July 23, 1936
  July 23, 2026

  7/23/1936: Justice Anthony Kennedy's birthday.   The post Today in Supreme Court History: July 23, 1936 appeared firs...

• Open Thread
  July 23, 2026

  What’s on your mind?

• Second Amendment Roundup: New Jersey Rifle and Magazine Bans Bite the Dust
  July 23, 2026

  The Third Circuit takes Second Amendment rights seriously.

• Will Courts Uphold the EPA's Rescission of the "Endangerment Finding"?
  July 22, 2026

  The legal arguments put forward by the EPA are weak and unpersuasive, and could undermine the Administration's positi...

• The End of Independent Agencies
  July 22, 2026

  The death of Humphrey's Executor was foretold, but some of the consequences may not have been anticipated.

• U Tennessee Track & Field Head Coach Seeks Preliminary Injunction Against "Untruthful, Derogatory and Offensive Statements" Plus More Commentary
  July 22, 2026

  A Magistrate Judge recommended today that the injunction be denied on First Amendment prior restraint grounds.

• Deliberately Arming Oneself to Answer Door to Police May Be "Privileged" Against "Obstructing Official Business" Prosecution
  July 22, 2026

  But I wouldn't recommend it.

• How Did Support for International Humanitarian Law and Norms Morph into Support for Hamas and its Goals?
  July 22, 2026

  At his Substack, Shany Mor reflects on the revealed preferences since 10/7 of the Western NGOS, individuals, and gove...

• Odd January 6 Trial Follow-On: Copying Expert's Report from Another Case, to File It in Your Case, May Infringe Copyright
  July 22, 2026

  From Olson v. McBride Law Firm, PLLC, decided yesterday by Judge Naomi Reice Buchwald (S.D.N.Y.); seems correct to me...

• Today in Supreme Court History: July 22, 1937
  July 22, 2026

  7/22/1937: The Senate voted down President Roosevelt's Court-Packing plan, 70-20. The post Today in Supreme Court His...

• Open Thread
  July 22, 2026

  What’s on your mind?

• Fired U.S. Attorney In Washington Files Case That Should Overrule Whatever Remains Of Morrison v. Olson
  July 22, 2026

  Justice Scalia was right. Federal courts should not be allowed to appoint federal prosecutors who cannot be fired.

• "So You're About to Start Law School"
  July 22, 2026

  A video lecture for entering 1Ls.

• Chief Justice Roberts Broke The Fourth Wall in Cook
  July 21, 2026

  This unusual opinion suggests something happened behind the scenes over the past ten months.

• I've Seen Fake Cites on Both Sides Now (II)
  July 21, 2026

  From Evans v. Robertson, decided today by Judge Judith Levy (E.D. Mich.) (for the original on the Magistrate Judge's ...

• Supreme Court Will Consider Excessive Fines Clause Asset Forfeiture Case
  July 21, 2026

  It will review Alaska's confiscation of a $95,000 plane arising from the pilot's illegal transportation of up to 72 c...