Showing posts with label Volokh Conspiracy. Show all posts
Showing posts with label Volokh Conspiracy. Show all posts

Monday, December 18, 2017

Wednesday, May 6, 2015

Garland, Texas Shooting and Cultural Cowardice

Garland Would Be Murderers Elton Simpson and Nadir Soofi

Instapundit: Eugene Volokh: How Elton Simpson got acquitted previously on terrorist related charge.



Instapundit: AoSHQ is right (why so many talking heads dismiss Pam Geller)

Friday, November 7, 2014

Obamacare and the Supreme Court: What will John Roberts do with this case?


I am not so sure I agree with all of Allahpundit's analysis. While I do not have a huge amount of faith of the Chief Justice being the swing vote to gut Obamacare, I would not dismiss it out of hand. Given John Robert's opinion on the last Supreme Court Obamacare challenge, I could see the possibility of him applying a strict construction standard* and going the other way on this case (and Jonathan Alder at Volokh sees the possibility of the Court reaffirming the principal that IRS lacks the authority to authorize such tax credits where Congress failed to do so). Here's for hoping, anyway.  

Update:
Instapundit: Don't chicken out Chief Justice!
Instapundit: Don't wimp out either!

*in reading and applying a statute as it is written.  

Saturday, February 15, 2014

E.J. Dionne gets schooled over Friedrich Hayek and The Road To Serfdom



Koko the Sign Language Using Gorilla
E.J. Dionne, Jr.





















Instapundit and The Other McCain both have this story by Todd Zywicki at the Volokh Conspiracy (not hosted by the Dionne's own paper the Washington Post) on how E.J. Dionne got schooled (by his own comments) writing about Friedrich Hayek’s Road to Serfdom. It is pretty apparent that Dionne never read the Road to Serfdom and is completely ignorant of what that book is about.

Instapundit's post prompted this comment by me:

Richard McEnroe at TOM had this gem of a comment about Dionne...

Thursday, April 25, 2013

Confusion over "Miranda Rights" and Dzhokhar Tsarnaev's interrogation and subsequent clamming up...

Ace, relying on Orin Kerr over at Volokh Conspiracy, does a great job explaining the wide spread confusion regarding Miranda and what it means.  So some magistrate judge (and for those of you who don't know that is the federal equivalent of a State Court commissioner or junior judge) decided to read Miranda "rights" to Dzhokhar and he stopped talking.


Will it make a big difference in Dzhokhar Tsarnaev's murder trial?  Probably not.  I do not think investigators ever intended to use his admissions of doing it against him (they have proof of his involvement).  The goal of this was to find out who else was involved in this bombing: so as to prevent future bombings.  And to make sure all culpable people involved in these murders and mayhem are rounded up and prosecuted.  And this decision by this magistrate might have a big impact on that.

Update:
Who made the decision to send in the Magistrate Judge?
Breitbart is also asking questions...

Saturday, June 30, 2012

A suggestion for our GOP Congress to do immediately on Obamacare...

Daniel Bernstein makes this suggestion at Volokh Conspiracy:
If I were a Republican Congressman I’d schedule a new vote in the House on the individual mandate, but replace the “penalty language” with language specifically acknowledging that the “penalty” is actually a tax. If the Democrats vote “aye,” they’ve acknowledged breaking the Obama pledge not to raise taxes on the middle class. If the Democrats–specifically those who already voted for the mandate–vote “nay”, what becomes of the tax argument in future litigation?

h/t The Anchoress 

I respectfully disagree with the Anchoress' position on the Roberts' ruling (I do not like the ruling).  I am also not sure of what "future litigation" there will be. The Supreme Court has ruled.  I doubt any votes will change.  But politically it makes sense to put Democrats in a tough position.

From Smitty at TOM:  Ott finds humor in the decision...