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Legal analysis, commentary, and the justice system

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The Volokh Conspiracy
Nov 02, 2026 from The Volokh Conspiracy

Fifth Circuit Will Decide En Banc Whether § 230 Preempts Texas Mandates on Social Media Platforms

The Fifth Circuit ordered en banc rehearing Wednesday; here's an excerpt from the long panel opinion (Computer & Comm. Industry… The post Fifth Circuit Will Decide En Banc Whether § 230 Preempts Te...

Above the Law
Nov 02, 2026 from Above the Law

How To Scare A Lawyer: The Winner (2026)

Which four words do you think will scare a lawyer the most? The post How To Scare A Lawyer: The Winner (2026) appeared first on Above the Law.

Above the Law
Nov 02, 2026 from Above the Law

Stan Woodward’s Brainwave Shorts Out In Alaska

Can he lose in court again before losing the election? The post Stan Woodward’s Brainwave Shorts Out In Alaska appeared first on Above the Law.

The Volokh Conspiracy
Nov 02, 2026 from The Volokh Conspiracy

My New Dispatch Article on the Legal Case Against Trump's Section 338 Tariffs Targeting Canadian Imports

It explains why the Section 338 tariffs are illegal, and part of a broader pattern of tariff power grabs.

Above the Law
Nov 02, 2026 from Above the Law

The Content Layer Wins: Why Treatises Matter More In The Age Of Agentic AI

[Sponsored] AI agents can orchestrate work, but they can only be as reliable as what they’re grounded in. That is where the real competitive question sits … and where lawyers should focus their att...

Above the Law
Nov 02, 2026 from Above the Law

Biglaw Firms That Cut Deals With Trump Are AWOL As Midterm Election Fights Heat Up

Nearly a billion dollars in pro bono payola buys a whole lot of silence. The post Biglaw Firms That Cut Deals With Trump Are AWOL As Midterm Election Fights Heat Up appeared first on Above the Law.

Above the Law
Nov 02, 2026 from Above the Law

Employer, Pharmacy Advocates Applaud DOL Final Rule On PBMs

The Department of Labor finalized a rule that seeks to bring more transparency into PBM compensation. The post Employer, Pharmacy Advocates Applaud DOL Final Rule On PBMs appeared first on Above th...

The Volokh Conspiracy
Nov 02, 2026 from The Volokh Conspiracy

Firing of R.I. Governor's Staffer for Pro-Gaza-Ceasefire/"End to the Occupation" Post Violated First Amendment

From Sanchez v. Almond, decided Wednesday by Judge John McConnell (D.R.I.): Mr. Sanchez began working at the office of Rhode… The post Firing of R.I. Governor's Staffer for Pro-Gaza-Ceasefire/"End ...

The Volokh Conspiracy
Nov 02, 2026 from The Volokh Conspiracy

Firing for "Rot in Hell Charlie Kirk" Post Upheld

In Johnston v. County of Gila (D. Ariz.), Judge Dominic Lanza rejected, on procedural grounds, plaintiff's challenge to a Gila… The post Firing for "Rot in Hell Charlie Kirk" Post Upheld appeared f...

Above the Law
Nov 02, 2026 from Above the Law

Morning Docket: 11.02.26

* Many Biglaw firms are gearing up to protect election integrity... but the firms that surrendered to the Trump administration are on the sidelines. [New York Times] * Court orders DOJ to stop thre...

The Volokh Conspiracy
Nov 02, 2026 from The Volokh Conspiracy

Some Surprisingly Tolerant Judges out There in Pennsylvania

From Commonwealth v. Outlaw, decided Thursday by Pennsylvania Supreme Court Justice David Wecht, writing for a unanimous court: In June… The post Some Surprisingly Tolerant Judges out There in Penn...

The Volokh Conspiracy
Nov 02, 2026 from The Volokh Conspiracy

Promise to Apologize Might Be Enforceable—but Court Can't Order Apology if None Was Finally Agreed to

From Judge Mia Roberts Perez (E.D. Pa.) in Souderton Area for All v. Souderton Area School Dist., decided Sept. 28:… The post Promise to Apologize Might Be Enforceable—but Court Can't Order Apology...

The Volokh Conspiracy
Nov 02, 2026 from The Volokh Conspiracy

Supreme Court to Consider Successive Habeas Claim in Capital Case, Twenty Years After the Murder

This week, the Court will consider when a death-row inmate may file a second habeas application based on “a new rule of constitutional law, made retroactive to cases on collateral review by the Sup...

The Volokh Conspiracy
Nov 02, 2026 from The Volokh Conspiracy

Today in Supreme Court History: November 2, 2010

11/2/2010: Brown v. Entertainment Merchants Association argued. The post Today in Supreme Court History: November 2, 2010 appeared first on Reason Magazine.

The Volokh Conspiracy
Nov 02, 2026 from The Volokh Conspiracy

Open Thread

What’s on your mind?

Above the Law
Nov 02, 2026 from Above the Law

Last Weil And Testament — See Generally

Last Weil And Testament: Weil Gotshal will close up shop after 95 years, following a partner exodus and a failed merger. The farewell message to associates promises up to 90 days of salary and bene...

The Volokh Conspiracy
Nov 01, 2026 from The Volokh Conspiracy

Federal Court Rejects Trump Lawsuit Seeking to Block Certification of Alaska Senate Election Results

The court found the administration lacked standing to bring the suit. But there are also major substantive problems with Trump's position.

The Volokh Conspiracy
Nov 01, 2026 from The Volokh Conspiracy

12 Defendants Indicted for Threats Aimed at Causing University of Michigan and Others to Sever Ties with Israel

Some excerpts from the long First Superseding Indictment in U.S. v. Hakim (E.D. Mich.), filed Oct. 21, alleging conspiracy to… The post 12 Defendants Indicted for Threats Aimed at Causing Universit...

The Volokh Conspiracy
Nov 01, 2026 from The Volokh Conspiracy

Today in Supreme Court History: November 1, 1961

11/1/1961: Planned Parenthood League of Connecticut opens center in New Haven, CT. The post Today in Supreme Court History: November 1, 1961 appeared first on Reason Magazine.

The Volokh Conspiracy
Nov 01, 2026 from The Volokh Conspiracy

Open Thread

What’s on your mind?

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