The Volokh Conspiracy

Entries

• Office of Legal Counsel Concludes That Disparate Impact Liability Under Title VII Is Unconstitutional
  June 09, 2026

  Two decades after Justice Scalia's Ricci concurrence, the "war between disparate impact and equal protection will be ...

• My New Washington Post Op ed on NYC Mayor Mamdani's Unconstitutional Housing Policy
  June 09, 2026

  His plan to expropriate rental housing violates the Takings Clause, and would exacerbate the City's housing crisis ra...

• "Al Ghashiyah Testified That … as Head of the Family, He Has Decided that Islamic Law Is the Law that Applies to the Family"
  June 09, 2026

  Uh, no, says the Wisconsin Court of Appeals, refusing to set aside plaintiff’s brother’s will, in which the brother l...

• Nonexistent Case Citations on Both Sides + "Rubberstamp[ing]" by "Local Counsel"
  June 09, 2026

  "In an era of rampant unverified AI usage within the legal field, this case presents a prime example of the risk asso...

• Attempt to Seal Court Filing, and to Order Members of the Public to Destroy Their Copies, Withdrawn
  June 09, 2026

  A couple of weeks ago, the litigants in the Social Media Adolescent Addiction/Personal Injury Products Liability Liti...

• Obligation to Cite-Check the Cases Cited by the Other Side and Report Errors to Court
  June 09, 2026

  It's hardly news that you shouldn't file briefs with AI-hallucinated cases. But should you check all of your opponent...

• Archaeologist's Libel Claim Over Allegations of "Trafficking in Stolen Native American Human Remains" Can Go Forward
  June 09, 2026

  From Judge Robert Hinkle (N.D. Fla.) May 27 in Shanks v. Schwadron: Shanks was an archaeologist employed at the Natio...

• Today in Supreme Court History: June 9, 1970
  June 09, 2026

  6/9/1970: Justice Harry Blackmun (no relation) takes oath.   The post Today in Supreme Court History: June 9, 1970 ap...

• Open Thread
  June 09, 2026

  What’s on your mind?

• Ex-DOGE Staffer, Ex-Pete-Hegseth Advisor Justin Fulcher Sues the Guardian for Libel
  June 08, 2026

  From today's Complaint in Fulcher v. Guardian News & Media LLC (D.D.C.); of course, these are just plaintiff's allega...

• "Plaintiff Also Alleges That the Grammy Awards 'Have Become a Public Nuisance' and Are 'Committing Industrial Espionage'"
  June 08, 2026

  Plus, the Alien and Sedition Acts.

• Federal Court Invalidates Trump's $100,000 H-1B Visa Fee as Ilegal Usurpation of Congress' Power to Tax
  June 08, 2026

  The ruling relies in part on the Supreme Court's decision in the tariff case.

• What Judge Wood Did Not Say About Judge Ross's Misconduct
  June 08, 2026

  She says nothing about Judge Ross's dishonesty, nothing about the private reprimand, and nothing about Pauline Newman.

• The Pentagon's New War - Canceling American Religion and American History
  June 08, 2026

  A guest post by Prof. Paul Finkelman.

• Gordon Wood, RIP
  June 08, 2026

  The great historian of the American Founding passed away yesterday, killed by a car while walking.

• Stop Calling it an Immunity! There's No Immunity!
  June 08, 2026

  It's all a figment of Todd Blanche's imagination.

• Government May Not "Demand Divorce as a Precondition for Maintaining Parental Rights"
  June 08, 2026

  From Texas Supreme Court Justice Evan Young's majority opinion Friday in In the Interest of H.S.: Few principles in o...

• How Do You Know She Is a Witch? Or Satan's Soldier?
  June 08, 2026

  From Life Mastery Network LLC v. Haygarth, decided May 22 by Judge Jill Otake (D. Haw.), but just posted on… The post...

• The 12 Cases Consolidated as ChatGPT Product Liability Cases in S.F. Superior Court
  June 08, 2026

  For those following litigation over AI output, here's the consolidation order, together with the motion that led to i...

• Texas Court Orders Google to Remove Information Posted by User Regarding xAI-Linked Data Center
  June 08, 2026

  Excerpts from an order issued May 19 by Tarrant County District Court Judge Megan Fahey, in CTC Property LLC v.… The ...