When it comes to bans on same-sex marriage, for Justice Anthony Kennedy, animus is a “doctrinal silver bullet” — the fact that there was no animus involved in the enactment of many of them may be problematic at the high court. [New York...Show More Summary
In its recent decision in the case of Drew v. Work, 2014 Pa.Super. 137 (Pa. Super. June 30, 2014 Shogan, J., Olson, J., and Wecht,J.)(Op. by Olson, J.), the Pennsylvania Superior Court provided one of its latest decisions on the application of the sudden emergency doctrine in a motor vehicle accident case. Show More Summary
Yesterday I posted on the battle over Tariff 8, the Copyright Board of Canada's new tariff for digital music streaming services that the media has suggested could open the door to popular foreign services migrating to Canada. Despite...Show More Summary
The AM Roundup: Law Blog rounds up the morning's news.
Apparently Amazon's efforts earlier this month to make it abundantly clear that it's fight with Hachette is about helping, not harming authors still didn't quite make it through to authors who seem to reflexively hate Amazon (often for reasons that don't make much sense). Show More Summary
With the FOIA process increasingly being routed through courtrooms, it's refreshing to see a court stand up and tell public officials to stop trying to find ways to be less transparent. The DC circuit court recently issued a ruling that shuts down a potential opacity loophole for public officials: the use of personal email accounts. Show More Summary
“Some of the least-qualified graduates of the University of Texas School of Law in recent years have high-level connections in the Legislature, which may explain how they got into the prestigious law school in the first place.” [JonShow More Summary
It's well-known that monopolies can lead to price-gouging, which produces effects like this: I still have no idea how people can get away with charging several thousand dollars for a milligram of recombinant protein. That's an amount that you can see with the naked eye, if your eyesight is really good, but even then, you can see it only just barely. Show More Summary
The tests “disproportionately screened out female applicants, resulting in a disparate impact against those applicants.” Officers who are highly fit have more options in a situation where force is required — subduing a suspect without resort to a gun, for example. Show More Summary
Federally run consumer complaint database at CPSC has been unfair and unreliable mess, so naturally CFPB wants one of its own [Kevin Funnell] Los Angeles, Miami, Providence, and Cook County among municipalities piling on lenders with...Show More Summary
James Boyle and Jennifer Jenkins of the Center of the Study of the Public Domain at Duke Law School have recognized what many people have: the academic publishing world is insane. Textbook pricing is generally insane, in part because...Show More Summary
How much does it suck to be taking the bar exam this time around?
Richard Griffin, the NLRB's General Counsel, has decided to pursue unfair labor practice charges against both McDonald's and several of its franchise owners. The ULPs allege retaliation--such as firings and other punishments--because of employees' labor activities. But the headline issue...
The former Lakers star is demanding Julien's Auction House return 152 pieces of memorabilia. read more
It's so easy to get frustrated waiting in an airplane, even though everything is amazing. At the same time, it's vindicating to see reports that airlines actually do have some of the least comfortable seating, literally by design. Here are just a few links on the future of airline seating that may or may not surprise you. Show More Summary
Look, I think airport-security concerns are way overblown, I generally support the right to bear arms, and I'm also a big fan of brain scientists. But that does not mean I think it's okay for a brain scientist to wave... Related...Show More Summary
I will appear for a few minutes tonight (Thursday) on the John Stossel show to talk about some ridiculous laws. The show was taped last week and is on tonight at 9 pm Eastern (and various other times depending on... Related Stories A Week of Weird-Law Posts at The Volokh Conspiracy Guest-Blogging at The Volokh Conspiracy The Guano Islands Act and So Forth
On August 6, 2014, the Sixth Circuit will hear oral arguments in five consolidated cases addressing same-sex marriage bans in every state in the circuit -- Kentucky, Tennessee, Michigan and Ohio.Though the Tenth Circuit (in cases involving Utah and Oklahoma) and Fourth Circuit (in a case involving Virginia) have already......
Residents of Massachusetts might remember that in October 2011, a surprise "nor'easter" swept across New England, downing power lines, closing roads, and -- most importantly -- depriving cable customers of "Sopranos" reruns. A scant month later, four plaintiffs filed a suit in state court against Charter Communications, their cable......
Aereo was an online service that rebroadcast over-the-air network programming over the Internet. That didn't work out so well for them, especially once they reached the U.S. Supreme Court. But buried in that SCOTUS opinion was a nugget of hope: a DVR service. The Court explicitly noted that it was......