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Legal analysis, commentary, and the justice system

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The Volokh Conspiracy
Aug 25, 2026 from The Volokh Conspiracy

How Long Did Justice Jackson's "Kafkaesque Nightmare" Dissent Hold Up Trump v. California?

In a future writing, I propose a mechanism whereby six Justices can force the release of any pending case.

The Volokh Conspiracy
Aug 24, 2026 from The Volokh Conspiracy

No Preliminary Injunction Against Applying Birth Sex Policy to Intersex Plaintiff's Global Entry Card …

when plaintiff has passport that won't expire until 2032.

Above the Law
Aug 24, 2026 from Above the Law

The Abrego Garcia Appeal Is A Trojan Horse — See Also

The DOJ Is Using One Vindictive Prosecution To Help Kill The Doctrine Altogether: Funny timing, given how the vindictive prosecutions are piling up. Milbank Plants Its Flag In Chicago... Now About ...

Above the Law
Aug 24, 2026 from Above the Law

Nine Wins Out Of Ten At The Supreme Court, Before Heading To The Federal Judiciary

Few advocates ever posted a record like hers. Fewer became judges. The post Nine Wins Out Of Ten At The Supreme Court, Before Heading To The Federal Judiciary appeared first on Above the Law.

Above the Law
Aug 24, 2026 from Above the Law

AI Contracts Are Quietly Becoming The Best Product Documentation

Increasingly, the clearest answers aren't found in marketing materials or product manuals. The post AI Contracts Are Quietly Becoming The Best Product Documentation appeared first on Above the Law.

Above the Law
Aug 24, 2026 from Above the Law

Is Trump Only The Worst President — Or Is He The Worst American — Ever?

We have a winner! The post Is Trump Only The Worst President — Or Is He The Worst American — Ever? appeared first on Above the Law.

Above the Law
Aug 24, 2026 from Above the Law

Biglaw’s Three-Day Office Week Is Going Out Of Style

More firms are turning up the pressure on attorneys to show their faces. The post Biglaw’s Three-Day Office Week Is Going Out Of Style appeared first on Above the Law.

Above the Law
Aug 24, 2026 from Above the Law

Judges Can’t Handcuff And Threaten Children For Falling Asleep On Field Trips, Court Rules

Judicial opinions that you didn't know still needed to be written. The post Judges Can’t Handcuff And Threaten Children For Falling Asleep On Field Trips, Court Rules appeared first on Above the Law.

Above the Law
Aug 24, 2026 from Above the Law

Milbank Is Opening A Chicago Office — And Bringing Its Pay Scale With It

Nothing motivates a stalled salary match like the scale-setter recruiting on your home turf. The post Milbank Is Opening A Chicago Office — And Bringing Its Pay Scale With It appeared first on Abov...

Above the Law
Aug 24, 2026 from Above the Law

Former Acting U.S. Attorney Found Dead Inside Federal Building

He dedicated his career to public service. Our deepest condolences to his friends and family. The post Former Acting U.S. Attorney Found Dead Inside Federal Building appeared first on Above the Law.

Above the Law
Aug 24, 2026 from Above the Law

Luigi’s Double Jeopardy Gamble And The DOJ’s Complicity

Also, Yale Law School grads have a side chat to discuss their infamous classmates. The post Luigi’s Double Jeopardy Gamble And The DOJ’s Complicity appeared first on Above the Law.

Above the Law
Aug 24, 2026 from Above the Law

The Insourcing Revolution Is Here. And It’s Bigger Than Anyone Expected.

[Sponsored] In-house teams have more agency than they’ve had in a decade. Axiom’s 2027 budget study shows the work arriving faster than the budget to hold it. The post The Insourcing Revolution Is ...

The Volokh Conspiracy
Aug 24, 2026 from The Volokh Conspiracy

AI Hallucinations in State Farm Insurance Outside Lawyers' Filings

From L.A. Times (Rebecca Ellis) Wednesday: As part of an insurance dispute over a fire-damaged Carson home, attorneys for State… The post AI Hallucinations in State Farm Insurance Outside Lawyers' ...

Above the Law
Aug 24, 2026 from Above the Law

Agentic AI And The QWERTY Problem

AI is getting better. Human brains aren't. The post Agentic AI And The QWERTY Problem appeared first on Above the Law.

Above the Law
Aug 24, 2026 from Above the Law

An Administration Drowning In Vindictive Prosecution Motions Would Like To Abolish The Category

The Abrego Garcia appeal isn't just about Abrego Garcia. The post An Administration Drowning In Vindictive Prosecution Motions Would Like To Abolish The Category appeared first on Above the Law.

The Volokh Conspiracy
Aug 24, 2026 from The Volokh Conspiracy

"Signs of AI Authorship in Federal Appellate Opinions"

"Dozens of published circuit opinions show signs of AI writing. If courts are using AI, that's promising—and worth getting right."

Above the Law
Aug 24, 2026 from Above the Law

This Week In Epic News: FTC Probe, AI Agents & More

Epic faced an FTC antitrust probe this past week, but that didn't stop the EHR giant from unveiling a wave of new AI tools at its annual conference. The post This Week In Epic News: FTC Probe, AI A...

The Volokh Conspiracy
Aug 24, 2026 from The Volokh Conspiracy

Jacob Mchangama on Frederick Douglass's Views on Free Speech During the Civil War

An extremely interesting post (Mchangama, as many of you know, is a historian of free speech, among other things): [I]t's… The post Jacob Mchangama on Frederick Douglass's Views on Free Speech Duri...

Above the Law
Aug 24, 2026 from Above the Law

Morning Docket: 08.24.26

* John Roberts lets Trump continue spending millions and destroying national monuments without oversight. [NPR] * Courts continue ping-pong game about college athletic eligibility. [ESPN] * Second ...

The Volokh Conspiracy
Aug 24, 2026 from The Volokh Conspiracy

Would Muslim Prayer Room at Public High School Violate Establishment Clause?

Yes, Judge John Milton Younge (E.D. Pa.) suggested Friday in Hiester v. School District of Philadelphia: The crux of Plaintiffs'… The post Would Muslim Prayer Room at Public High School Violate Est...

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