August 12, 2022 11:29 am

Court: “A Retweet Is Not Necessarily an Endorsement”

This comes in a false light lawsuit by the family of former National Security Advisor Gen. Michael Flynn, whom CNN had labeled “QAnon followers.”

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August 12, 2022 10:15 am

The ‘Motherfucker’ Who Enraged Beto O’Rourke Laughed at His Claims About the Rifles He Wants To Confiscate

The Texas gubernatorial candidate’s interpretation reflects his assumption that opponents of “assault weapon” bans don’t care about murdered schoolchildren.

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August 12, 2022 10:01 am

Total Eclipse of the Court: Buckert v. Volokh Going up to Fifth Circuit

There’s a case just docketed in the Fifth Circuit, under the name Buckert v. Volokh, and, no, the second party isn’t Maria Volokh—it’s me. Thankfully, I’m not actually the defendant, but rather the intervenor and appellee: The case below is Buckert v. Traynor; I moved to intervene and unseal, and prevailed; and now plaintiff is appealing that…

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August 12, 2022 10:00 am

How a Massachusetts Power Plant Illustrates America’s Fraught Shift to Green Energy

Brayton Point was a coal-fired plant that tried to clean up its act. Protesters and politicians demanded its closure. A new offshore wind project won’t be sufficient to replace it.

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August 12, 2022 9:35 am

Will Bitcoin Demonetize Gold?

Monetary Metals CEO Keith Weiner defends the future of gold against bitcoin podcaster Pierre Rochard.

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August 12, 2022 6:40 am

Armed Man Killed After Trying to Enter Cincinnati FBI Building May Have Been Angry About Mar-a-Lago Raid

Plus: Elon Musk isn’t the free speech warrior some think he is, #MeToo may have harmed women’s productivity, and more…

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August 12, 2022 6:30 am

Past and Present

“All law is a compromise between past and present, between tradition and convenience. Hence pure analysis, since it deals with the present only, can never fully explain any legal system.” — James Bryce, Studies in History and Jurisprudence, vol. 2, at 616 (1901).


August 12, 2022 5:35 am

Stand With Ukraine Flip-Flops

For a high school extracurricular project, my son Sam, with the help of his brother Ben, put together these Stand With Ukraine Flip-Flops, which he’s selling at Sam is into zoos (he’s a volunteer Avian Specialist Docent at the L.A. Zoo), so all proceeds will be donated to benefit Ukrainian zoos, which have apparently…

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August 12, 2022 5:01 am

Crafting Exceptions to Laws That Limit Private-Employer-Imposed Speech Restrictions (2) + Conclusion

As I mentioned last week, ten years ago I wrote a descriptive and analytical law review article called Private Employees’ Speech and Political Activity: Statutory Protection Against Employer Retaliation, which aimed to catalog these often-little-known statutes. This year, I’m returning to the subject, trying to analyze the strongest arguments for and against such statutes. The article…

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August 12, 2022 4:00 am

Mandatory National Service Is a Morally Bankrupt Idea

Frederick Douglass compared compelled labor to slavery. That objection still stands.

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August 12, 2022 4:00 am

Today in Supreme Court History: August 12, 1795

8/12/1795: Chief Justice John Rutledge takes judicial oath.  

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