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The Volokh Conspiracy
Sep 23, 2026 from The Volokh Conspiracy

New In Civitas: The Smithsonian Should Be Privatized

The Smithsonian Should Declare Its Independence from the Federal Government

The Volokh Conspiracy
Sep 23, 2026 from The Volokh Conspiracy

Chief Justice Rehnquist and Chief Justice Roberts Did Not See Eye-to-Eye About Dames & Moore v. Regan

In the South Texas Law Review, Rehnquist described his opinion in Dames & Moore as "similarly important" to Gibbons v. Ogden. His law clerk, and future Chief Justice, would disagree.

The Volokh Conspiracy
Sep 23, 2026 from The Volokh Conspiracy

My New Montreal Economic Institute Paper on "The Legal Battle Over Trump's Tariffs: Implications for Canada"

The paper provides an overview of the legal vulnerabilities of the Trump tariffs against Canadian goods, and what can be done to prevent a recurrence of his abuses.

The Volokh Conspiracy
Sep 23, 2026 from The Volokh Conspiracy

The Lightning Docket

The Circuit Justice, like Zeus on Mount Olympus, instantly strikes down wayward lower courts with a bolt of lightning.

The Volokh Conspiracy
Sep 23, 2026 from The Volokh Conspiracy

Privacy Lawsuit Over Prof's Book That Mentions Former TA's Childhood Sexual Abuse Can Go Forward

An "endarkened feminist approach to revolutionizing teacher consciousness" is alleged to be unprivacied as well.

The Volokh Conspiracy
Sep 23, 2026 from The Volokh Conspiracy

Court Upholds Nonrenewal of URI Lecturer Who Circulated Combative "Declaration of Diversity," Allegedly Intimidated Students

[1.] Some excerpts from Judge Steven McAuliffe (D.N.H.) Monday in the longish Fosu v. Univ. of R.I. Bd. of Trustees… The post Court Upholds Nonrenewal of URI Lecturer Who Circulated Combative "Decl...

The Volokh Conspiracy
Sep 23, 2026 from The Volokh Conspiracy

Today in Supreme Court History: September 23, 1971

9/23/1971: Justice John Marshall Harlan II resigns.   The post Today in Supreme Court History: September 23, 1971 appeared first on Reason Magazine.

The Volokh Conspiracy
Sep 23, 2026 from The Volokh Conspiracy

Open Thread

What’s on your mind?

The Volokh Conspiracy
Sep 23, 2026 from The Volokh Conspiracy

President Trump's Legal Argument in Support of Excluding CNN, MS NOW, and Politico from the White House

Here's an excerpt from the opposition to plaintiffs' temporary restraining order motion (for my view on why the plaintiffs should… The post President Trump's Legal Argument in Support of Excluding ...

The Volokh Conspiracy
Sep 23, 2026 from The Volokh Conspiracy

"White House Access Is a Privilege—Not a Right"

As I noted Friday, according to the D.C. Circuit (the federal appellate court with jurisdiction over D.C.), it's unconstitutional for… The post "White House Access Is a Privilege—Not a Right" appea...

The Jaxson
Sep 23, 2026 from The Jaxson

Sugar Hill: Images of a Lost Jacksonville Neighborhood

Historic photographs from the General Commission on Archives and History of The United Methodist Church offer a rare glimpse into Sugar Hill, once one of Jacksonville’s most prominent African Ameri...

The Volokh Conspiracy
Sep 22, 2026 from The Volokh Conspiracy

"Is Trump Media's Early-Access Feed Lawful?"

"Why a 50-millisecond jump on the president’s posts may implicate insider trading laws."

The Volokh Conspiracy
Sep 22, 2026 from The Volokh Conspiracy

$1.1M Libel Award to Drag Performer Who Had Been Accused of Exposing Himself Upheld

Idaho Supreme Court finds false caselaw quotations, after jury found false factual assertions.

Stranger Than Usual
Sep 22, 2026 from Stranger Than Usual

Lilith Wittmann zerforscht illegale Online-Casinos

Lilith Wittmann hat mal wieder zugeschlagen und die Strukturen hinter illegalen Onlinecasinos aufgedeckt.

The Volokh Conspiracy
Sep 22, 2026 from The Volokh Conspiracy

39% of Democratic Voters Think Restaurant Industry "Should Be Publicly Owned and Operated"

From a survey this month of Democratic voters by the Center for Strategic Politics, a self-described progressive organization. Interestingly, the… The post 39% of Democratic Voters Think Restaurant...

The Volokh Conspiracy
Sep 22, 2026 from The Volokh Conspiracy

D.C. Circuit Rejects Limits on Capitol Steps Demonstrations

Regulations limiting demonstrations on the Eastern Steps to those sponsored by members of Congress are unreasonable.

The Volokh Conspiracy
Sep 22, 2026 from The Volokh Conspiracy

Someone Trying to Vanish My Post About a No-Pseudonymity Decision

[1.] First, the backstory: In December, I posted an item about a decision by Judge Jeannette Vargas (S.D.N.Y.) in Finley… The post Someone Trying to Vanish My Post About a No-Pseudonymity Decision ...

Palladium
Sep 22, 2026 from Palladium

Wealth Taxes Could Kill Privately-Owned Companies

Ignoring the intangible value of private governance of firms not only makes wealth taxes confiscatory but erodes the very foundations and benefits of the freedom to create organizations. The post W...

The Volokh Conspiracy
Sep 22, 2026 from The Volokh Conspiracy

Lawsuit Against St. Louis Restaurant for Firing Manager for Post Related to Charlie Kirk Murder

Missouri law, like the law of some other states, limits even private employers from firing employees based on their political opinions.

The Volokh Conspiracy
Sep 22, 2026 from The Volokh Conspiracy

"Are the Government's Conversations with AI Accessible Under Public Records Laws and FOIA?"

A very interesting forthcoming article by noted media lawyer Steve Zansberg in the Fall 2026 issue of the Communications Lawyer;… The post "Are the Government's Conversations with AI Accessible Und...

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