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Legal analysis, commentary, and the justice system

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The Volokh Conspiracy
Feb 23, 2026 from The Volokh Conspiracy

My New Dispatch Article on the Tariff Decision, its Implications - and a Key Issue the Court Did Not Resolve

The Court stopped a massive presidential power grab, but did not resolve a crucial issue about judicial review of executive use of emergency powers.

Above the Law
Feb 23, 2026 from Above the Law

Shutting Down Was Just The Beginning For This Midsize Firm — Now It’s Time For Bankruptcy

A once-prominent midsize firm moves from dissolution to liquidation in six weeks. The post Shutting Down Was Just The Beginning For This Midsize Firm — Now It’s Time For Bankruptcy appeared first o...

Above the Law
Feb 23, 2026 from Above the Law

Jeffrey Epstein’s Debt To Society

You owe it to yourself to be consistent. The post Jeffrey Epstein’s Debt To Society appeared first on Above the Law.

The Volokh Conspiracy
Feb 23, 2026 from The Volokh Conspiracy

How Should The Non-Delegation Doctrine and the Major Question Doctrine Apply to Foreign Affairs?

Justices Thomas and Kavanaugh raise important issues that Justice Gorsuch and Chief Justice Roberts do not fully address.

The Volokh Conspiracy
Feb 23, 2026 from The Volokh Conspiracy

Climate Change Goes Back to the Supreme Court -- Colorado Edition

The Supreme Court granted certiorari in Suncor Energy v. County Commissioners of Boulder County

Above the Law
Feb 23, 2026 from Above the Law

Legal Ethics Roundup: SCOTUS’s New Recusal Software, Is $9,350 Handbag Gift A Legal Ethics Violation?, IL May Limit Firm Investment, ‘Slaughtering’ Mansfield Rule, Law School Accreditation & More

Your tour of all things related to lawyer and judicial ethics, with University of Houston law professor Renee Knake Jefferson. The post Legal Ethics Roundup: SCOTUS’s New Recusal Software, Is $9,35...

The Volokh Conspiracy
Feb 23, 2026 from The Volokh Conspiracy

The Roberts Court Rejects Trump's Tariffs

An initial take on Learning Resources v. Trump.

The Volokh Conspiracy
Feb 23, 2026 from The Volokh Conspiracy

Litigation Breeds Litigation + Follow-Up to Lawsuit Against Pro-Palestinian / Anti-Semitic Protesters Outside Synagogue

From Friday's decision by Judge Shalina Kumar (E.D. Mich.) in Susselman v. Attorney Grievance Comm'n (for more on the Sixth… The post Litigation Breeds Litigation + Follow-Up to Lawsuit Against Pro...

Above the Law
Feb 23, 2026 from Above the Law

What Experts Say About Hims & Hers’ $1.15B Acquisition Of Eucalyptus

Experts say Hims & Hers’ acquisition of Eucalyptus positions the company for global expansion and revenue diversification amid U.S. GLP-1 regulatory challenges. The post What Experts Say About Hims...

The Volokh Conspiracy
Feb 23, 2026 from The Volokh Conspiracy

Amazon Could Be Liable for Selling Product Used to Commit Suicide, Coupled with Promotion of a "Suicide Instruction Book"

From Thursday's Scott v. Amazon.com, Inc., decided by the Washington Supreme Court (opinion by Justice Helen Whitener); the lawsuit was… The post Amazon Could Be Liable for Selling Product Used to ...

Above the Law
Feb 23, 2026 from Above the Law

Morning Docket: 02.23.26

* Law firms gear up to fight for tariff refunds. [Reuters] * Albany Law student dead after what's described as a terrorist attack on Hoover Dam. [Syracuse.com] * Fake law firm and fake courts scamm...

The Volokh Conspiracy
Feb 23, 2026 from The Volokh Conspiracy

2026 Church, State & Society Writing Competition for Law Students and Law Clerks

Passing this along, for readers who fit the criteria (or who know those who do): The Program on Church, State… The post 2026 Church, State & Society Writing Competition for Law Students and Law Cle...

The Volokh Conspiracy
Feb 23, 2026 from The Volokh Conspiracy

Diversity (the Civil Procedure Kind) and Self-Identification

"Courts cannot accept a model where an entity has a public-facing identity which it then renounces based on its behind-the-scenes activity."

The Volokh Conspiracy
Feb 23, 2026 from The Volokh Conspiracy

Today in Supreme Court History: February 23, 1905

2/23/1905: Lochner v. New York argued.   The post Today in Supreme Court History: February 23, 1905 appeared first on Reason.com.

The Volokh Conspiracy
Feb 23, 2026 from The Volokh Conspiracy

Open Thread

What’s on your mind?

The Volokh Conspiracy
Feb 23, 2026 from The Volokh Conspiracy

What About Nixon?

How many Presidents make a precedent?

The Volokh Conspiracy
Feb 23, 2026 from The Volokh Conspiracy

Justice Gorsuch's Campy Concurrence

Justice Gorsuch takes us on visit of Camp Barrett, Camp Kagan, Camp Kavanaugh, and Camp Thomas.

Above the Law
Feb 23, 2026 from Above the Law

Supreme Court Justices Spend Opinion Sniping At Each Other — See Generally

SCOTUS Justices Spend 170 Pages Airing Office Drama: Supreme Court nukes Trump's tariffs and treat us to all their petty grievances. Except for Thomas who just wrote some ramblings about the powers...

The Volokh Conspiracy
Feb 22, 2026 from The Volokh Conspiracy

Learning Resources for Learning Resources

How to teach the tariffs case?

The Volokh Conspiracy
Feb 22, 2026 from The Volokh Conspiracy

Putting Trump's Backlash Against The Tariff Ruling In Context

In Learning Resources v. Trump, the Supreme Court invalidated President Trump's global tariffs by a 6-3 vote. Almost immediately, Trump… The post Putting Trump's Backlash Against The Tariff Ruling ...

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