Monthly Archives: April 2014

some facts about guns, episode 11

In February, the Ninth Circuit issued a decision with enormous consequences for gun law in California. Peruta v. Cnty of San Diego involved California’s concealed-carry law, which in San Diego County was effectively a ban: California law delegates to each … Continue reading

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a little more on the intersection of race and resistance

On Tuesday I wrote in partial defense of Cliven Bundy, at least inasmuch as I agreed with him that it’s strange how much of the open land in the west is controlled by the federal government. I also wrote that … Continue reading

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“Do you want to see my weapons?”: Cliven Bundy and ancestral lands

You’ve probably heard something, by now, about Cliven Bundy, the Nevada cattle rancher who refuses to acknowledge BLM jurisdiction over the federal public lands on which he grazes his cattle and who claims an ancestral connection to the land that … Continue reading

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page-one rewrite

Josh Blackman points out some problems with Justice Stevens’ totally unsat proposed amendment to the Second Amendment: Stevens’s amendment to the Second Amendment doesn’t even make sense. A well regulated Militia, being necessary to the security of a free State, … Continue reading

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is Uber destined to become a monopoly?

Matt Stoller has an interesting piece up arguing that Uber is likely to replace the “open cab market” — i.e., cabs driving around looking for cash customers — and wondering whether that’s a good thing. He makes two important points. … Continue reading

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a partial retraction re: Judge Jurden

It looks like I was partly wrong a few weeks ago when I commented on the story of a rich white defendant who received only probation for raping a 3-year-old. The judge in the case was originally reported as being … Continue reading

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zombie federalism: the complex history of national race policy

My colleague Michael Smith and Volokh Conspirator Will Baude have a small blog feud going about whether the nation should take a federalist or centralized approach to a zombie apocalypse, if one should arise. Michael’s basic point is that a … Continue reading

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on McCutcheon and originalism, departing from some lines by Lawrence Lessig

Writing in The Daily Beast: At the core of the disaster that is the Supreme Court’s McCutcheon v. FEC decision lies a mistake. A strategic mistake, made by the government. In this mistake, we can see all that’s wrong with … Continue reading

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a brief word about CJ Roberts’ use of rhetoric in McCutcheon

The Supreme Court issued a decision today in McCutcheon v. Federal Election Comm’n, striking down limits on how much an individual donor can give to the candidates of his choice. Available here. I leave it to others to debate the … Continue reading

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the rich-white-wuss-child-perv discount, and why it’s a sign of a bigger problem

Some judges just want to watch the world burn: A Superior Court judge who sentenced a wealthy du Pont heir to probation for raping his 3-year-old daughter noted in her order that he “will not fare well” in prison and … Continue reading

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