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The Volokh Conspiracy
Pleasant Grove City v. Summum: The Supreme Court handed down Pleasant Grove City v. Summum today, a free speech case about the installation of a monument in a public park. I don't follow First Amendment caselaw very closely, but I thought Justice Alito's majority opinion was unusually good: ...
The Volokh Conspiracy
volokh.com — Rush Limbaugh's Living Constitution: From his speech to the Conservative Political Action Conference: We want every American... to be the best he or she chooses to be. We recognize that we are all individuals. We love and revere our founding documents, ... (more) The Volokh Conspiracy
The Volokh Conspiracy
volokh.com — Florida City Authorizes Use of City Funds to Sue for Libel of Government Officials: From the Deltona... (Florida) City Commission After Action Agenda (Feb. 16, 2009) : After discussion, the Commission voted 4 to 3 (Commissioner Denizac, Commissioner ... (more) The Volokh Conspiracy
The Volokh Conspiracy
volokh.com — California Supreme Court hears Prop 8 challenge tomorrow: The oral argument will be three hours long, from... 9 a.m. to 12 p.m. You can watch it at this site . If in the state you can also watch the oral argument on the California Channel, a cable ... (more) The Volokh Conspiracy
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The Imperial Presidency And The Office Of Legal Counsel
RedState: Conservative News and Community — ... I missed this when it first got posted but Eric Posner has a very informative post on the origins of the acquiescence shown by the Office of Legal Counsel to the Office of the Presidency when it came to national security and the prosecution of war. The OLC’s stance on these issues was pretty well established in the Clinton Administration. When you read the following excerpt, keep in mind that a whole host of Clinton appointees have come back or are coming back to the Justice Department now that Barack Obama is President: ...

The Imperial Presidency And The Office Of Legal Counsel
A Chequer-Board of Nights and Days — I missed this when it first got posted but Eric Posner has a very informative post on the origins of the acquiescence shown by the Office of Legal Counsel to the Office of the Presidency when it came to national security and the prosecution of war. The OLC's stance on these issues was pretty well established in the Clinton Administration. When you read the following excerpt, keep in mind that a whole host of Clinton appointees have come back or are coming back to the Justice Department now that Barack Obama is President: The Clinton OLC put into place all the elements of the ...

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The Volokh Conspiracy
volokh.com 3/6/2009 — PLOL, or The Slow Death of the Law Review As We Know It: [I don't think anyone has already posted on this, but apologies if I'm wrong; this seems like the sort of thing VCers would be all over/DavidP] The directors of many of the leading law libraries ...
The Volokh Conspiracy
volokh.com 1/16/2009 — Some Comments on the FISA Court of Review Decision: I was on a plane most of the day, delaying my promised blogging on the new FISA Court of Review case on foreign intelligence surveillance. Here are a few thoughts after reading the opinion. 1. First, ...
The Volokh Conspiracy
volokh.com 2/17/2009 — Should Libertarians Go Red or Blue? I have been enjoying the recent dialogue over so-called liberaltarianism (links are in Ilya's post). I don't have that much to add except perhaps this: In a two party system, such as ours, each party is a coalition ...
The Volokh Conspiracy
volokh.com 3/27/2009 — Religion and Government Ethics: For comprehensive discussion of the First Bank of the United States, a leading authority is Mark R. Killenbeck, M’Culloch v. Maryland: Securing a Nation (2006) (Killenbeck has the spelling correct). The book is reviewed ...
The Volokh Conspiracy
volokh.com 3/9/2009 — Potential Court of Appeals Nominees: The New York Times has a story that floats names of possible Court of Appeals nominees that the White House is apparently considering: To fill a seat that traditionally goes to someone from Maryland, officials said ...
The Volokh Conspiracy
volokh.com 3/19/2009 — Still Need That Word: Almost five years ago, I wrote a post arguing that the English language needs a new word. From July 17, 2004: The English language needs a word for when advocates on both sides of an ongoing debate switch rhetorical positions, ...
The Volokh Conspiracy
volokh.com 2/26/2009 — Applying the Fourth Amendment to the Internet: A General Approach: For several years, I have been pondering the very difficult question of how the Fourth Amendment should apply to the Internet. In particular, I've been trying to come up with a set of ...
The Volokh Conspiracy
volokh.com 3/18/2009 — Happy St. Patrick's Day! Enjoy this version of " A Nation Once Again ," voted the world's most popular song by BBC listeners. This great and timeless song fills me with joy about nations such as Ireland, Israel, and the United States, which have won ...
The Volokh Conspiracy
volokh.com 1/13/2009 — Praise for the New York Times: Over my years of blogging, I've been highly critical of the N.Y. Times's coverage of a variety matters, not least its coverage of the 2006 Lebanon War (e.g.) . I think it's therefore only sporting to acknowledge that I ...
The Volokh Conspiracy
volokh.com 3/30/2009 — Open Source and Free Software: Just for the record, in a response to my earlier posting about free software and copyright law , Richard Stallman sent me the following: I am disappointed that you describe my work as "open source", because I disagree ...