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8 Aug 2022, 3:00 am by Jeff Welty
City of New Orleans, 415 U.S. 130 (1974), the Court considered a case in which a woman whose son had just been arrested allegedly called an officer (in the Court’s abbreviation) a “god damn m. f. police. [read post]
5 Aug 2022, 6:30 am by Guest Blogger
It is foolhardy to deny the continued relevance of W. [read post]
5 Aug 2022, 5:01 am by Eugene Volokh
This year, I'm returning to the subject, trying to analyze the strongest arguments for and against such statutes. [read post]
2 Aug 2022, 6:30 am by Guest Blogger
For that matter, Justices Breyer, Kagan, and Sotomayor, as well as Justice Brown Jackson (while a federal judge), use those canons with increasing frequency in statutory interpretation cases as well.[17]Recognizing that fact, Justice Elena Kagan and a leading nontextualist scholar of statutory interpretation, Professor William Eskridge, have quipped, “[w]e’re all textualists now” (well, before walking that statement back in dissent to this past Term’s… [read post]
25 Jul 2022, 5:54 pm by Eugene Volokh
The trial court held that Freborg's statement was true, but the court of appeals concluded that a reasonable jury could conclude that it was false: [W]hile Johnson admitted to having sexual contact with Freborg, his admission did not address whether the act was consensual. [read post]
20 Jul 2022, 12:00 pm by Benjamin Wittes
” Weissmann goes on: [W]hat the [congressional] hearings have revealed is evidence of a plot orchestrated by Mr. [read post]
19 Jul 2022, 5:01 am by Eugene Volokh
[I'm working on a draft article called When Are Lies Constitutionally Protected? [read post]
28 Jun 2022, 5:32 am by Eugene Volokh
[I lost my motion opposing pseudonymity in the District of New Hampshire, though I'm appealing to the First Circuit.] [read post]