(David Bernstein)
To follow up on Ilya’s post below, it’sworth noting that the post-World War II politician of national significance probably most beloved by libertarianish types (libertarianism was not a self-conscious movement until recently) was Sen. Robert Taft of Ohio. Taft, of course, lost the Republican presidential nomination to Eisenhower in 1952. The conservatives [...]
(Eugene Volokh)
So holds In re G.G. (Cal. Ct. App. June 29, 2010), by a 2–1 vote. (The court order said that “Father to be in individual counseling to address issues with a male therapist regarding father‘s racist and sexist views,” but the appellate opinion seems to treat the counseling as focused solely on the [...]
(Eugene Volokh)
So holds Morgan v. Swanson, decided today by the Fifth Circuit — just the latest in a long line of cases striking down such discrimination against religious speech by students. (A school may limit religious speech within its own curriculum, including speech by students who are participating in school-conducted events; but this case [...]
(Ilya Somin)
Like Ann Althouse, I am having trouble finding online transcripts of the Kagan nomination hearings. Last year, during the Sotomayor hearings, I found them fairly easily at various news organization websites. Not so this year. All I’ve been able to find are transcripts of a few of the opening statements.
Perhaps some of our intrepid [...]
(Kenneth Anderson)
H/T Instapundit and Frank Warner. So sayeth Barbie in Toy Story 3, and speaking on behalf of toys:
“Authority should derive from the consent of the governed, not from the threat of force!”
(Kenneth Anderson)
From the AP account of the Kagan confirmation hearing of the now presumably de rigueur question of candidates … foreign law and interpretation of the US constitution.
Supreme Court nominee Elena Kagan says foreign law could be useful “for getting good ideas” when interpreting the Constitution but that justices should not feel bound by it … international law can [...]
(Eugene Volokh)
Yesterday, the Supreme Court sent Maloney v. Rice — the challenge to New York’s nunchaku ban — back to the Second Circuit. The Second Circuit had initially rejected the challenge on the grounds that the Second Amendment was inapplicable to states. Now it will probably have to decide whether nunchaku count as [...]
(Jonathan H. Adler)
The Washington Post has posted my comments on today’s hearings in their online “Topic A” feature. Comments from others are sure to follow. Among other things, I note that Elena Kagan has effectively avoided giving substantive answers that could disclose her views on any legal issue, old or new. She wouldn’t name any [...]
(Eugene Volokh)
The post is The Strange Practice of Indicting in the Conjunctive, cited on p. 28 n.10 of yesterday’s United States v. Coughlin. Congratulations, Orin!
(David Kopel)
“The Influence of the State and Federal Governments Compared,” from the New York Packet, by James Madison. My essay thereon is here, at Constituting America’s series on The Federalist.
Bottom line: even taking into account the many changes over the last two and quarter centuries, Madison was generally right.