About our move to the Post, for those who missed the memo
If you haven’t seen our announcement post, you can read it here. (It was posted with a perhaps too-cute title, so some people might have missed it.)
Wandering Dago Inc.
The Wandering Dago food truck wants to park and sell food at various events on New York State property. The state says no, because the name is offensive. Does that violate the First Amendment? That’s the issue in Wandering Dago Inc. v. N.Y. State Office of General Services (Jan. 15, 2014), though it remains an […]
The RSS feed should be working
You can access it, as before, at http://feeds.feedburner.com/volokh/mainfeed; please let me know if you have trouble with it. Also, please let me know if you’re using some other URL, so we can see if we can forward that.
How “the case that could topple Obamacare” began
The limitations in the PPACA's text were noticed years ago.
Precedent and other threats to originalism
So long as originalists insist on interpreting the Constitution clause-by-clause, originalism may actually move us further from the Constitution's original design.
The third grade and third-party doctrine
Randy Barnett argues that NSA’s metadata program is bad because the government will use the information to target people for their political views and to embrace mission creep. His solution is to leave the metadata in the hands of the phone company. But really, what good would that do? Suppose that, as Randy fears, Congress […]
Precedent is not a threat to originalism
What should originalists do about precedent? Eric Posner is wrong to think it's a problem.
When can the police pull over a car based on an anonymous tip?
Earlier today, the Supreme Court held oral argument in Navarette v. California, a Fourth Amendment case on when the police can lawfully pull over a car based on an anonymous tip of wrongdoing. I want to offer a few thoughts on the argument, and in particular to try to explain one potential source of confusion. […]
How political ignorance and irrationality increase the popularity of conspiracy theories
Belief in conspiracy theory is often driven by public ignorance and irrationality. Both lead us to prefer crude, but emotionally satisfying explanations for government's failures over more complex ones.
The origins of originalism
Originalism may be a relatively new academic theory, but it has deep roots in the American legal tradition.
