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Legal analysis, commentary, and the justice system

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The Volokh Conspiracy
Feb 25, 2026 from The Volokh Conspiracy

Constitutional Challenge to Texas Law on "Prurient" Drag Shows Sent Back to District Court

From Judge Kurt Engelhardt, joined by Judge Leslie Southwick  in today's Woodlands Pride, Inc. v. Paxton (Judge James Dennis, who… The post Constitutional Challenge to Texas Law on "Prurient" Drag ...

Above the Law
Feb 25, 2026 from Above the Law

Federal Judge Accused Of Driving ‘Super Drunk’ Crashes Into Judicial Misconduct Complaint

The filing zeroes in on transparency, accountability, and public trust. The post Federal Judge Accused Of Driving ‘Super Drunk’ Crashes Into Judicial Misconduct Complaint appeared first on Above th...

Above the Law
Feb 25, 2026 from Above the Law

FASORP Is Back To Protect Vulnerable White Men From Not Being Overrepresented Enough

They have no shame. The post FASORP Is Back To Protect Vulnerable White Men From Not Being Overrepresented Enough appeared first on Above the Law.

The Volokh Conspiracy
Feb 25, 2026 from The Volokh Conspiracy

Anti-"Queer" Speech Is Constitutionally Protected—but Not Parked in Multiple Spaces

From Judge Waverly Crenshaw (M.D. Tenn.) Monday in Wattenbarger v. City of Crossville (M.D. Tenn.): "Queers stay away from our… The post Anti-"Queer" Speech Is Constitutionally Protected—but Not Pa...

Above the Law
Feb 25, 2026 from Above the Law

Snowmageddon 2026: Bar Examiners Double Down On Being The Worst

Making sure the experience is as miserable as possible. The post Snowmageddon 2026: Bar Examiners Double Down On Being The Worst appeared first on Above the Law.

Above the Law
Feb 25, 2026 from Above the Law

It’s Not The Size Of The Firm, It’s How You Use It: Ninth Circuit Smacks Down Fee-Shaming Of Small Law

It's not the size of the firm, it's how you litigate. The post It’s Not The Size Of The Firm, It’s How You Use It: Ninth Circuit Smacks Down Fee-Shaming Of Small Law appeared first on Above the Law.

The Volokh Conspiracy
Feb 25, 2026 from The Volokh Conspiracy

"The New Global Tariffs Are Also Unlawful," by Philip Zelikow

A very interesting article by my Hoover Institution colleague Philip Zelikow, who is an emeritus history professor (mostly specializing in… The post "The New Global Tariffs Are Also Unlawful," by P...

The Volokh Conspiracy
Feb 25, 2026 from The Volokh Conspiracy

Anthropic, the Pentagon, and the Defense Production Act

Prof. Alan Rozenshtein (Minnesota) has a very interesting item on this today at Lawfare; I'm not an expert on the… The post Anthropic, the Pentagon, and the Defense Production Act appeared first on...

The Volokh Conspiracy
Feb 25, 2026 from The Volokh Conspiracy

From SOTU to SCOTUS

The Chief Justice granted my motion.

Above the Law
Feb 25, 2026 from Above the Law

Tariff Turmoil Is Turning Into A Biglaw Billing Bonanza

After the Supreme Court struck down Trump's signature tariffs, clients are flooding firms in search of refunds. The post Tariff Turmoil Is Turning Into A Biglaw Billing Bonanza appeared first on Ab...

Above the Law
Feb 25, 2026 from Above the Law

Supreme Court Airs Dirty Laundry

Things get testy down at the courthouse. The post Supreme Court Airs Dirty Laundry appeared first on Above the Law.

The Volokh Conspiracy
Feb 25, 2026 from The Volokh Conspiracy

X and XXX (but No XX): No Revenge Porn Liability for X Based on X User's Alleged Illegal Posting of Commercial Porn Depicting Plaintiff

From today's order by Chief Judge Reed O'Connor (N.D. Tex.) in Doe v. X Corp.: [The federal] Non-Consensual Intimate Image… The post X and XXX (but No XX): No Revenge Porn Liability for X Based on ...

Above the Law
Feb 25, 2026 from Above the Law

The Board Briefing Mistake Even The Best GCs Still Make

Boards don’t need more information about AI. They need clarity about what it means. The post The Board Briefing Mistake Even The Best GCs Still Make appeared first on Above the Law.

The Volokh Conspiracy
Feb 25, 2026 from The Volokh Conspiracy

No First Amendment Right to Film Others' Party in Public Park, Even to Try to Document Alleged Ordinance Violations

From Monday's decision by Judge Edward Chen in Barroca v. Hayward Area Recreation & Parks Dist. (N.D. Cal.): Plaintiff also… The post No First Amendment Right to Film Others' Party in Public Park, ...

Above the Law
Feb 25, 2026 from Above the Law

Join The Resist And Unsubscribe Movement, Cancel Your Streaming And AI Services, Punch Back At Trump’s Out-Of-Control ICE

Trump responds to only one thing: the market. The post Join The Resist And Unsubscribe Movement, Cancel Your Streaming And AI Services, Punch Back At Trump’s Out-Of-Control ICE appeared first on Ab...

Above the Law
Feb 25, 2026 from Above the Law

After The Tariffs Meltdown, Supreme Court Justices Try Jokes Instead

From sniping to snickering: Supreme Court lightens up at oral argument. The post After The Tariffs Meltdown, Supreme Court Justices Try Jokes Instead appeared first on Above the Law.

The Volokh Conspiracy
Feb 25, 2026 from The Volokh Conspiracy

Thoughts on the Potential Broader Significance of the Supreme Court's Tariff Decision

Only time will tell how great the impact of the ruling will really be. But, at this point, it seems like a very significant decision.

Above the Law
Feb 25, 2026 from Above the Law

DOJ, Ohio File Antitrust Suit Against OhioHealth Over Payer Contracts

The case highlights federal and state scrutiny of hospital consolidation and restrictive contracting practices — with potential implications for payers, patients and healthcare markets across the c...

Above the Law
Feb 25, 2026 from Above the Law

Morning Docket: 02.25.26

* Majority of Supreme Court justices skip out on Trump's State of the Union. [Daily Beast] * Isaac Hayes estate secures settlement in copyright dispute with Trump campaign over unauthorized use of ...

The Volokh Conspiracy
Feb 25, 2026 from The Volokh Conspiracy

Today in Supreme Court History: February 25, 1841

2/25/1841: Justice Phillip Barbour dies. The post Today in Supreme Court History: February 25, 1841 appeared first on Reason.com.

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