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23 Jan 2020, 3:32 pm by Josh Blackman
I am grateful to my co-bloggers Jon Adler and Ilya Somin for offering substantive responses to my post. [read post]
22 Jan 2020, 7:05 am by Ilya Somin
[The article explains why the Supreme Court was justified in overruling longstanding precedent in this important recent constitutional property rights case.] [read post]
20 Jan 2020, 9:07 pm by Ilya Somin
[Why slippery slope concerns are a bad argument against impeaching and removing Trump for abuse of power.] [read post]
19 Jan 2020, 1:36 pm by Ilya Somin
[In the second of two posts on Tyler Cowen's idea, I assess whether state capacity libertarianism is the right path for libertarians to follow.] [read post]
17 Jan 2020, 7:40 am by Ilya Somin
In Free to Move, Ilya Somin explains how broadening opportunities for foot voting can greatly enhance political liberty for millions of people around the world. [read post]
16 Jan 2020, 3:05 am by Walter Olson
Ilya Somin praises it as among the few constitutional law ideas “that are simultaneously good, original, and potentially useful in the real world. [read post]
13 Jan 2020, 4:54 am by SHG
As Ilya Somin notes, that’s a matter of local concern. [read post]
12 Jan 2020, 12:41 pm by Ilya Somin
[A New York Times study describes how both red and blue states use public education to indoctrinate students in their preferred ideologies. [read post]
25 Dec 2019, 2:04 pm by Ilya Somin
[Many jurisdictions are alleviating housing shortgages by cutting back on zoning. [read post]
25 Dec 2019, 2:02 pm by Josh Blackman
Co-blogger Ilya Somin opined on a similar law from Virginia, in which secular wedding officiants must be state residents. [read post]
24 Dec 2019, 4:33 am by SHG
There’s the problem of qualified immunity, as Ilya Somin notes in his “friendly amendments” to Clark’s scheme, which has to go, but should have to go in all cases even though that remains a battle to be won. [read post]
23 Dec 2019, 5:17 pm by Ilya Somin
[Clark Neily's excellent proposal for addressing small, but troubling politice violations of constitutional rights.] [read post]
19 Dec 2019, 6:06 am by Howard Bashman
” Also at “The Volokh Conspiracy,” Ilya Somin has a post titled “Fifth Circuit Sends Obamacare Severability Issue Back to Square One — But not Quite; The appellate court remanded the most important issue in the case back to the district court; But its instructions will make it difficult for the trial judge to again rule that the entire Affordable Care Act must fall with the individual mandate. [read post]
18 Dec 2019, 5:55 pm by Ilya Somin
[The appellate court remanded the most important issue in the case back to the district court. [read post]
18 Dec 2019, 12:15 pm by Robert Thomas (
Here are some of the stories and analysis about yesterday's ruling by the Court of Federal Claims holding the federal government liable for a taking for the flooding following Hurricane Harvey in the Houston area: Lawprof Ilya Somin (always insightful, always useful) (Volokh) - Court Rules Federal Government Flooding of Homes During Hurricane Harvey is a Taking  Kiah Collier (Texas Tribune) - In win for Harvey victims, federal judge finds government liable for reservoir… [read post]