Authorities Cited: United States Code 33 U.S.C. § 901 33 U.S.C. § 908(f) 33 U.S.C. § 908(f)(2) 33 U.S.C. § 913(a) 33 U.S.C. § 913(d) 33 U.S.C. § 920(a) 33 U.S.C. § 921(b)(3) 33 U.S.C. § 921(c) 33 U.S.C. § 944 Circuit Courts 436 F.2d 274 605 F.2d 583 666 F.2d 399 688 F.2d 862, 865 782 F.2d 513, 517 865 F.2d 727, 732 893 F.2d 294, 296 150 F.3d 288 202 F.3d 656 330 F.3d 162, 166 364 F.3d 501, 503 372 F.3d 193, 202

Blogged: Appellate Law & Practice CA1: pro-Western Algerian has to go back Appellate Law & Practice CA1: Selya lectures on how to write clearly Appellate Law & Practice CA1: AEDPA leads to another prosecutorial misconduct green light Appellate Law & Practice CA1: unpublished opinion pretending to discuss Fed. R. Crim. P. 41(g) statute of limitations Appellate Law & Practice Which comment requires recusal ? Appellate Law & Practice Poor people subject to 24-hour curfew Appellate Law & Practice CA1: Brazilian not oppressed by ANY government Appellate Law & Practice CA1: super-waiver of § 3582(a) issue at sentencing Appellate Law & Practice More on scienter Appellate Law & Practice CA1: government has all the power under 3E1.1(b) Appellate Law & Practice CA1: law of the case and preliminary injunctions Appellate Law & Practice CA1: unpreserved errors Appellate Law & Practice CA1: OSHA was right – they could have turned off the power lines Appellate Law & Practice I just got a “hot hope injection.” Appellate Law & Practice CA1: Indonesian Christian not oppressed Appellate Law & Practice CA1: a further remand for time-served and parsimony issues Appellate Law & Practice CA1: specific intent required in ERISA retaliation claim Appellate Law & Practice Programming note Appellate Law & Practice Strange news from Maine Appellate Law & Practice CA1: Romanian ex-flyboy not that oppressed Appellate Law & Practice CA1: qualified immunity in joint-decision-making Appellate Law & Practice CA1: what is enough of a risk under the PSLRA to show scienter Appellate Law & Practice Another issue not on appeal Appellate Law & Practice Blog becomes TV show Appellate Law & Practice Greeting from China Appellate Law & Practice Kozinski puts breaks via mandamus on US Attorney screwups Appellate Law & Practice CA1: no administrative tolling in 1983 actions Appellate Law & Practice CA1: First says that Pho withstands Kimbrough, regardless of text Appellate Law & Practice More pictures of Happy Execution Bus Appellate Law & Practice Chitty on Criminal Law now on Google Books Appellate Law & Practice CA1: individualized loss determinations, Booker, and ID theft Appellate Law & Practice CA1: the DMCA the Section 553 of the CCPA and circumventing pay-per-view Appellate Law & Practice Who will be first to liveblog an execution Appellate Law & Practice CA7: Posner discusses “substantial step,” the “psychology of intent” and intent to have sex with an internet minor Appellate Law & Practice China v. USA regarding dogs Appellate Law & Practice Welcome Insurance Coverage Law in Massachusetts Appellate Law & Practice CA1: unions v. erectors Appellate Law & Practice Communism "explained" Appellate Law & Practice CA1: A pretty normal habeas denial Appellate Law & Practice When turning stuff over to the government isn’t a waiver Appellate Law & Practice CA1: EAJA fees available for slow naturalization petition Appellate Law & Practice CA1: Selya destroys the writs of corum nobis and audita querela and saves the government from its negligence Appellate Law & Practice In praise of the bar exam Appellate Law & Practice University of North Dakota shows why it can't be taken seriously Appellate Law & Practice CA1: does everyone get Brady wrong? Appellate Law & Practice CA1: Uganda and late filing Appellate Law & Practice CA1: Haiti getting better Appellate Law & Practice CA1: no plea withdrawal How Appealing Programming note How Appealing "Supreme Court justice defends self at hearing" How Appealing Available online from law.com How Appealing "Cozen O'Connor dealt blow in 9/11 lawsuit" How Appealing Fifth Circuit denies habeas relief to Texas death row inmate who claims that jurors improperly considered passages from the Bible during the sentencing phase of their deliberations How Appealing The Associated Press is reporting How Appealing "Judge bans general from Guantanamo trial role" How Appealing "In Extremely Rare Occurence Court Moves to Rehear Case of Canadian Rendition Victim Maher Arar; Court Acted Sua Sponte, Deciding to Revisit June Decision Against Arar Before Being Asked" How Appealing "Court: Saudi Arabia not liable in Sept. 11 attacks." How Appealing "State top court to review medical pot limit" How Appealing "Justice at Justice: Attorney General Mukasey has the only appropriate response to politicized hirings." How Appealing "Court backs Houston smog plan; Panel rejects claim EPA rules are too lenient" How Appealing "Miami fights to shutter house where online porn is filmed; Miami's yearlong quest to close down a house used by an adult website has prompted a federal court battle -- while the site continues to operate" How Appealing Carol Rosenberg of The Miami Herald is reporting How Appealing "The ABA Plots a Judicial Coup: The lawyers want to run their own 'merit selection.'" How Appealing "Ruling Is a Victory for Supporters of Free Software" How Appealing "Fix to Patent Judge Appointment Procedure" How Appealing "Georgia plea for water goes to Supreme Court; State seeks to reverse an appeals court decision in February that nullified the Army Corps' OK of increased withdrawals from Lake Lanier" How Appealing "Jury deciding battle over school system's flag ban; Anderson teen sued after attire led to suspension" How Appealing "Court urged to ignore Manchin brief in DuPont smelter appeal" How Appealing "Ex-inmate helps make Bush nominee 'controversial'" How Appealing "Battle over gun rights -- Round 2: Handgun bans under fire after high court's ruling; Oak Park, Ill., fights back." How Appealing "Adviser to Guantanamo trials faces more criticism" How Appealing "Advisor Says Obama Would Consider Changes To Judicial Nominations Process" How Appealing "In Defense of Looseness: The Supreme Court and gun control." How Appealing "Fincher asserts that the district court erred by not allowing the jury to determine whether his possession of firearms was reasonably related to a well regulated militia and therefore protected by the Second Amendment." How Appealing "We consider here the ability of a copyright holder to dedicate certain work to free public use and yet enforce an 'open source' copyright license to control the future distribution and modification of that work." How Appealing "Plaintiffs' Lawyers Fight Restrictions On Product-Liability Suits" How Appealing "Appeals court reverses Steinbeck copyrights ruling" How Appealing "Mukasey won't pursue charges in Justice Department hiring scandal; The abuses that took place under Alberto R. Gonzales violated civil service rules but were not crimes, the attorney general says" How Appealing "Plame loses appeal of suit against Cheney over leak" How Appealing "Search and Replace: Congress needs to set the rules for how border agents can delve into travelers' laptops." How Appealing "'Rogues' and Humpty Dumpty Judges" How Appealing "Files Show Governor Intervened With Court" How Appealing "War court resumes, readies Canadian's trial" How Appealing "Halverson ousted; Miley top vote-getter; Incumbents Walsh, Mosley advance" How Appealing "Devices for Lawyers: Democrats versus Justices Breyer, Souter and Stevens." How Appealing "Women Battling Infertility Find a Friend in the Court" How Appealing "What Goes Around Comes Around for State Supreme Court Candidate" How Appealing "Should State Attorneys General Use Private Law Firms to Pursue Civil Suits? An Appeal to the California Supreme Court Raises This Hot-Button Issue." How Appealing "Judge says UC can deny class credit to Christian school students" How Appealing "Justice at Gitmo: Releasing Salim Ahmed Hamdan, the former driver for Osama bin Laden, after he has served his time is the right thing; It's also smart policy." How Appealing "'Unabomber' Objects to Cabin's Use in Newseum Display" How Appealing "Juror's challenge raises legal issue" How Appealing "To rule and rescue" How Appealing "Attorney general sees systemic partisanship in Justice hiring" How Appealing "South Dakota Vote Draws Attention" How Appealing "No decision on Exxon Valdez interest payments" How Appealing "Under what circumstances may a plaintiff file a complaint using a pseudonym?" How Appealing "US court won't resurrect lawsuit in CIA leak case" How Appealing "In U.S., Expert Witnesses Are Partisan" How Appealing "James takes a step to appeal conviction; But his filing says he'll represent himself" How Appealing "Gay marriage ruling secures chief justice's legacy" How Appealing "Federal Judge Wants Fewer Capital Cases" How Appealing "If the Government Plans to Hold Salim Hamdan Indefinitely, Despite His Sixty-Six Month Sentence, What Was the Point of Putting Him on Trial?" How Appealing "F.B.I.'s Use of Phone Records Shows Need to Protect the Press, Senators Say" How Appealing "In Guantanamo, Locals Adapt to Life With an Unwelcome Neighbor" How Appealing "The Economics of Gay Marriage" How Appealing "Tiffany appeals eBay counterfeiting decision" How Appealing "A profile in power: U.S. Judge Amy St. Eve; Rezko judge is a big punch in small package." How Appealing "In this appeal, we are asked to determine the unusual question whether dogs are 'livestock.'" How Appealing "We are called on to decide whether attorney misconduct towards clients, involving violations of rules of professional conduct binding on the attorney, requires forfeiture of the attorneys' fees paid to them" How Appealing On this past Saturday's broadcast of C-SPAN's "America and the Courts" How Appealing "Juror: Hamdan Didn't Seem Like Al-Qaida Warrior." How Appealing "Supreme Court grabbed more power in recent term" How Appealing "Driver's trial gave courtroom firsts; The first terrorist convicted at trial by military commission was also the first man acquitted of a war crime" How Appealing "Santeria priest won't let religious freedom be sacrificed; Ernesto Pichardo, co-founder of the first incorporated Santeria church in the nation, files a lawsuit stemming from a police raid during a worship ritual in 2007" How Appealing "Social Initiatives on State Ballots Could Draw Attention to Presidential Race" How Appealing In commentary available online from FindLaw How Appealing "Expert Panel Debates What Presidential Candidates Should be Saying About Judicial Selection" How Appealing "Hamdan Jury Felt Evidence Didn't Back U.S. Claim; Sentence Wasn't Verdict on Tribunals, Juror Explains" How Appealing "War Crimes System Is Still on Trial" How Appealing "Reduce partisan fight over judges, lawyers urge" How Appealing The ABA Journal's blog covers the ABA Annual Meeting How Appealing "Former Nichols judge critical of DA" How Appealing "Homeschooling OK, appeals court says" How Appealing "Detainee May Not Go Free After Sentence; U.S. Still Might Hold Hamdan as 'Combatant'" How Appealing "Birth Control Fears Addressed; HHS Chief Says Draft Rule Is Not Redefining Abortion" How Appealing "Prosecutors Clear Hatfill in Anthrax Case" How Appealing "With Fewer Terror Trials, Manhattan Court Quiets Down" How Appealing "The Supreme Court Can't Ignore the Facts: Their decision on child rape must be reconsidered." How Appealing "What the President Should Look for in a Judicial Nominee" How Appealing Posner versus Easterbrook on litigation challenging the size of mutual fund advisory fees How Appealing "Ninth Court sides with Snowbowl in San Francisco Peaks dispute" How Appealing Protecting the right of wheelchair-bound NASCAR race attendees to see the most exciting parts of those races How Appealing "For 'Maverick' Federal Judges, Life Tenure Is Largely Unfettered License" How Appealing "Texas's Disdain: In carrying out two executions, the state endangers Americans detained abroad." How Appealing "Bolten, Miers Ask Judge to Delay Order; Aides Continue to Contest Subpoenas" How Appealing "Ford Told FBI of Skeptics on Warren Commission" How Appealing Pittsburgh-area woman receives no prison time following guilty plea to federal criminal charges of transmitting written obscenities in fictional stories posted to the internet How Appealing "Reneging on a right: By banning same-sex marriages, Prop. 8 would create second-class citizens." How Appealing "Bin Laden driver sentenced to 66 months in prison; In a surprise decision, a U.S. military jury sentenced Osama bin Laden's driver to 5 ½ years in prison, knowing that with time served he could be free by New Year's Eve" How Appealing "Hamdan case sets stage for bigger trials at Guantanamo; The partial conviction may give the tribunal system a credibility boost and help the White House reach its goal: trial by year's end for accused Sept. 11 plotter Khalid Shaikh Mohammed." How Appealing "Tactic Used After It Was Banned; Detainees at Guantanamo Were Moved Often, Documents Say" How Appealing "Study Finds Settling Is Better Than Going to Trial" How Appealing "What Next for D.C.'s Gun Laws: Congress should intervene to protect the Second Amendment." How Appealing "Millions of Women Who Had Abortions Don't Know It" How Appealing In commentary available online from FindLaw How Appealing "Wife of slain judge to get $5.2 million; Fulton payment 'closes another chapter' for Barnes, who lost her husband in '05 courthouse killings" How Appealing "In Review of High Court Term, Justice Kennedy Still the Man in the Middle" How Appealing "Court says employers can't limit a departing worker's job future" How Appealing "Court clears way for another immigrant's execution" How Appealing "Gitmo jury gives bin Laden driver light sentence" How Appealing "Court Rejects Attempt to Amend Indictments After Plea Entry" How Appealing The Associated Press is reporting How Appealing "Kamehameha Schools again being sued over admissions bias; Meanwhile, school sues previous plaintiffs over disclosure of settlement" How Appealing "Senate Standstill to Let Obama or McCain Tip Balance on Courts" How Appealing "Three charged in bombing of downtown federal court house" How Appealing Under the U.S. Supreme Court's ruling in Georgia v. Randolph, when a wife consents to a police search of the marital home but the husband objects, can the police validly rely on the wife's consent to search after the husband is arrested and taken to jail? How Appealing "Ninth Circuit Court Retreats to Idaho: Legal insiders point everywhere but at themselves during a sun-filled non-examination." How Appealing "3 states to consider affirmative action ban" How Appealing "Bin Laden driver convicted at Guantanamo of aiding terror; Salim Ahmed Hamdan is found guilty of providing material support for Al Qaeda; But he is acquitted of more serious conspiracy charges" How Appealing "Military jury convicts bin Laden's driver" How Appealing "Abu Ghraib contractor CACI loses defamation suit; Court affirms dismissal of Abu Ghraib contractor CACI's lawsuit against talk radio network" How Appealing "Medellin executed for rape, murder of Houston teens" How Appealing "No verdict in Day 2 of Guantanamo deliberations" How Appealing "E-Mail Hacking Case Could Redefine Online Privacy" How Appealing "Our Class-Action System Is Unconstitutional: Judges have no right to award money to nonplaintiffs." How Appealing Available online from National Public Radio How Appealing Fourth Circuit affirms entry of summary judgment in favor of Air America Radio on defamation case involving the notorious U.S.-run Abu Ghraib prison in Iraq How Appealing "Trial could bring US closer to closing Guantanamo" How Appealing "No reprieve for Mexican-born killer in Texas" How Appealing "Jurors deliberating in 1st Gitmo trial" How Appealing Freedom From Religion Foundation lacks taxpayer standing to challenge the Department of Veterans Affairs' integration of pastoral care into the medical care that it provides to veterans and its use of chaplains for that purpose How Appealing "Court Rejects Temple's Sexual Harassment Policy" How Appealing "Death-row inmate Medellin doesn't get a reprieve from Texas pardons board" Decision of the Day Restarting this Blog Decision of the Day Loblaw Has Left the Building Decision of the Day Another Reason To Say No To Drugs Decision of the Day Posner Gets A Big One Right Decision of the Day Finally, Some Questions about the Wisdom of RLUIPA Decision of the Day Seventh Upholds Student’s Right to Wear “Be Happy, Not Gay” T-Shirt Decision of the Day Seventh Chastises Ninth for Encouraging Mickey Mouse Law Suits Decision of the Day Second Lets Whitman Off the Hook for Post-9/11 Liability Decision of the Day Crossing the Border? Leave Your Laptop at Home Decision of the Day Fifth Circuit Divides Over How To Handle Sentencing Error California Appellate Report Pelton-Shepherd Industries v. Delta Packaging Products (Cal. Ct. App. - Aug. 19, 2008) California Appellate Report Oltman v. Holland America (9th Cir. - Aug. 19, 2008) California Appellate Report U.S. v. Jaeger (9th Cir. - Aug. 18, 2008) California Appellate Report U.S. v. Park (9th Cir. - Aug. 11, 2008) California Appellate Report Lockerby v. Sierra (9th Cir. - Aug. 7, 2008) California Appellate Report People v. Nelms (Cal. Ct. App. - Aug. 14, 2008) California Appellate Report People v. Muniga and People v. Wallace (Cal. Supreme Ct. - Aug. 14, 2008) California Appellate Report Christian Research Inst. v. Alnor (Cal. Ct. App. - Aug. 13, 2008) California Appellate Report Winfred D. v. Michelin North America (Cal. Ct. App. - Aug. 8, 2008) California Appellate Report D'Lil v. Best Western Encina Lodge (9th Cir. - Aug. 12, 2008) California Appellate Report In Re James C. (Cal. Ct. App. - Aug. 11, 2008) California Appellate Report People v. Hovarter (Cal. Supreme Ct. - Aug. 11, 2008) California Appellate Report Cachil Dehe Band v. State of California (9th Cir - Aug. 8, 2008) California Appellate Report Jonathan L. v. Superior Court (Cal. Ct. App. - Aug. 8, 2008) California Appellate Report People v. Becerra (Cal. Ct. App. - Aug. 7, 2008) California Appellate Report GEC Capital Corp. v. Future Media Productions (9th Cir. - Aug. 7, 2008) California Appellate Report McMillan v. Shadow Ridge at Oak Park (Cal. Ct. App. - Aug. 4, 2008) California Appellate Report Garcia-Aguilar v. United States District Court (9th Cir. - Aug. 6, 2008) California Appellate Report U.S. v. Flores-Villar (9th Cir. - Aug. 6, 2008) California Appellate Report People v. Manning (Cal. Ct. App. - July 31, 2008) California Appellate Report People v. Diaz (Cal. Ct. App. - July 30, 2008) California Appellate Report Twardowski v. American Airlines (9th Cir. - July 30, 2008) California Appellate Report Ramirez v. Nelson (Cal. Supreme Ct. - Aug. 4, 2008) California Appellate Report People v. Sutton (Cal. Ct. App. - July 30, 2008) California Appellate Report People v. Phomphakdy (Cal. Ct. App. - July 31, 2008) California Appellate Report In Re Matthew A. (Cal. Ct. App. - July 28, 2008) California Appellate Report People v. Windus (Cal. Ct. App. - July 30, 2008) California Appellate Report County of San Diego v. San Diego NORML (Cal. Ct. App. - July 31, 2008) California Appellate Report In Re Marriage of Bardzik (Cal. Ct. App. - July 25, 2008) California Appellate Report Dougherty v. Haag (Cal. Ct. App. - July 28, 2008) California Appellate Report People v. Osorio (Cal. Ct. App. - July 30, 2008) California Appellate Report People v. Gonzales (Cal. Ct. App. - July 30, 2008) California Appellate Report Klein v. United States (9th Cir. - July 30, 2008) California Appellate Report City of Hollister v. Monterey Ins. Co. (Cal. Ct. App. - 29, 2008) California Appellate Report Bandana Trading Co. v. Quality Infusion Care (Cal. Ct. App. - July 21, 2008) California Appellate Report Moore v. Czerniak (9th Cir. - July 28, 2008) California Appellate Report People v. Cruz (Cal. Supreme Ct. - July 24, 2008) California Appellate Report People v. Evans (Cal. Supreme Ct. - July 24, 2008) California Appellate Report Lopez v. Imperial County Sheriff's Dept. (Cal. Ct. App. - July 22, 2008) California Appellate Report In Re P.C. (Cal. Ct. App. - June 23, 2008) California Appellate Report People v. Monjaras (Cal. Ct. App. - July 21, 2008) California Appellate Report Los Angeles County Prof. Peace Officers' Ass'n v. County of Los Angeles (Cal. Ct. App. - July 22, 2008) California Appellate Report Bonanno v. Connolly (Cal. Ct. App. - July 22, 2008) California Appellate Report Garcia v. Paramount Citrus Ass'n (Cal. Ct. App. - July 21, 2008) Volokh Conspiracy Gender and Law Reviews: Volokh Conspiracy Breaking News: Volokh Conspiracy Online debate about SSM: Volokh Conspiracy In Defense of Price Gouging: Volokh Conspiracy The Upside of Falling Home Prices: Volokh Conspiracy "Spying Employers Raise Legal Hackles": Volokh Conspiracy Gasoline "Price-Gouging": Volokh Conspiracy Pendulum: Volokh Conspiracy "Do We Need a New Fourth Amendment?": Volokh Conspiracy Another EPA Air Rule Goes Down: Volokh Conspiracy Hirabayashi Hoax: Volokh Conspiracy Rethinking the Drinking Age: Volokh Conspiracy A Record Congress? Volokh Conspiracy AALS Responds to Boycott: Volokh Conspiracy Irony Alert: Volokh Conspiracy McCain Campaign Attacks Key VC Demographic: Volokh Conspiracy California Assembly Passes Law To Protect Children, Against Virtually Nothing: Volokh Conspiracy American Ignorance About British Politics: Volokh Conspiracy "Drink the Kool-Aid; Join the Cult": Volokh Conspiracy How to Read a Legal Opinion: Volokh Conspiracy Interesting Quote from Judge Silverman of the Ninth Circuit, Volokh Conspiracy Former Prisoners of War Never, Ever Cheat?: Volokh Conspiracy Political Ignorance in Britain: Volokh Conspiracy Charles Isaac Volokh, Volokh Conspiracy McCain on Water: Bad Politics & Bad Policy: Volokh Conspiracy Sunday Song Lyric: Volokh Conspiracy Interesting Interview with Cuban Dissident Armando Valladares: Volokh Conspiracy For Those Following the DC-Area Housing Market: Volokh Conspiracy Supply and Demand Are Just Like That, I Guess: Volokh Conspiracy Apropos Unusual Names, and the "Jewess" Thread: Volokh Conspiracy Judge Nullifies Juror Nullification: Volokh Conspiracy 12.5 Square Miles of Solar Panels: Volokh Conspiracy Are We All Still Environmentalists? Volokh Conspiracy Jewess: Volokh Conspiracy Worst Phishing Email I've Received, from "Rolland Holland": Volokh Conspiracy "Indigenous Nudity": Volokh Conspiracy A Reason to Resist Getting a Legal Education: Volokh Conspiracy Tortious vs. Tortuous: Volokh Conspiracy Running Deer? Call Me Sitting Shiva: Volokh Conspiracy Forensic Science Reform: Volokh Conspiracy CardHub and the Market for Information in the Credit Card Market: Volokh Conspiracy Maher Arar En Banc: Volokh Conspiracy "Emotinal Safety" / "Emotional Harassment" on University Campuses: Volokh Conspiracy How Much Is Your Blog Worth? Volokh Conspiracy A Pretty Comprehensive List of Post-Heller Second Amendment Opinions, With Excerpts and Commentary: Volokh Conspiracy The Second Amendment and People Convicted of Domestic Violence Misdemeanors: Volokh Conspiracy Atkins and Double Jeopardy: Volokh Conspiracy Vanishing Bill of Rights Coffee Mug: Volokh Conspiracy Illegal Aliens and Other Constitutional Provisions: Volokh Conspiracy The Second Amendment and Non-Citizens: Volokh Conspiracy Second Amendment Doesn't Protect Illegal Aliens: Volokh Conspiracy Perceptions of the Terrorist Threat and the Anthrax Attacks: Volokh Conspiracy Follow-Up on College Dating: Volokh Conspiracy Recent Scientific Evidence News: Volokh Conspiracy Post-Heller Federal Appellate Decision on the Second Amendment: Volokh Conspiracy It Doesn't Have To Be That Complicated: Volokh Conspiracy Posner, Heller, and the Original Meaning of the 2d Amendment.-- Volokh Conspiracy Posner on Heller: Is it All Politics? Volokh Conspiracy "That's Not Blight. It's New Jersey": Volokh Conspiracy Communist China Not A Huge Fan of Freedom, Human Rights: Volokh Conspiracy Anti-Drilling "Snake Oil": Volokh Conspiracy EPA's Chooses Ethanol Over Sound Environmental Policy: Volokh Conspiracy Tentative Thoughts on The Russia-Georgia Cease-Fire Agreement: Volokh Conspiracy Online Appointment Sign-Up Site: Volokh Conspiracy Southern States' Official 1861 Statements of Reasons for Secession Emphasized Slavery: Volokh Conspiracy Slavery as the Motive for Southern Secession in 1861: Volokh Conspiracy Justice Kennedy, Heller, and the Future of the Second Amendment: Volokh Conspiracy Another Thinly Reasoned District Court Response to D.C. v. Heller: Volokh Conspiracy Are Dogs "Livestock"? Volokh Conspiracy Strict Liability, Constitutional Rights, Guns, Speech, Abortion, and Underage Sex: Volokh Conspiracy Court Citing the Second Amendment In Way That Helps Gun Owner: Volokh Conspiracy On the Other Hand, Volokh Conspiracy Supply and Demand Dynamics of College Dating: Volokh Conspiracy Mistake of Fact About Whether You're a Felon = Defense to Felon-in-Possession Statute (with Second Amendment in a Supporting Role): Volokh Conspiracy Temporary Restraining Order Against Crime-Facilitating Speech About Security Vulnerabilities: Volokh Conspiracy Two Excellent Books on Secession: Volokh Conspiracy South Ossetia and the Morality of Secession: Volokh Conspiracy Zbigniew Brzezinski on Russia and Georgia: Volokh Conspiracy Col. Davis on Hamdan Verdict: Volokh Conspiracy Sunday Song Lyric: Volokh Conspiracy Favre: Volokh Conspiracy CNN Website Gives Edwards Affair Higher Billing than the Russia-Georgia Fighting: Volokh Conspiracy Fighting Between Russia and Georgia: Volokh Conspiracy Very Interesting Religious Accommodation Case from the En Banc Ninth Circuit: Volokh Conspiracy Edwards now suggests that he was "99% honest" when he lied. Volokh Conspiracy Can Federal Judges Police Themselves? Volokh Conspiracy New Jersey Appellate Court Invalidates "Blight" Condemnation: Volokh Conspiracy Home Schooling Legal in California: Volokh Conspiracy Mama Mia Movie-- Highly Recommended: Volokh Conspiracy "Local Idiot to Post Comment on Internet": Volokh Conspiracy Military Jury Gives Hamdan Time Served Plus Five Months: Volokh Conspiracy Nuremberg or Nothing for Bush Administration Officials?: Volokh Conspiracy Bizarre Case of Two Gazan Students: Volokh Conspiracy Religious Accommodations: Volokh Conspiracy "Tyson Plant Drops Labor Day for Muslim Holiday": Volokh Conspiracy Lysander Spooner Quote of the Day: Volokh Conspiracy Verdict in Hamdan Case: Volokh Conspiracy Medellin Opinions on the Stay Application: Volokh Conspiracy Too Overweight to Execute: Volokh Conspiracy "We Play Heavy Metal Because Our Lives Are Heavy Metal." Volokh Conspiracy Questionable donations to McCain.-- Volokh Conspiracy An Open Letter to Carl Monk: Volokh Conspiracy Courthouse Confessions: Volokh Conspiracy The AALS Boycott: Volokh Conspiracy The AALS and Political Boycotts: Volokh Conspiracy Boycott of AALS Meeting in San Diego: Volokh Conspiracy Symbolic Political Expression, in 1700s England: Volokh Conspiracy Another Post-Heller Second Amendment Decision: Volokh Conspiracy Jack Goldsmith on the Press and Executive Branch Secrecy: Volokh Conspiracy Goldsmith on Lichtblau: Volokh Conspiracy Another Court Decision Striking Down a Campus Speech Code, Volokh Conspiracy Colorado Will Not Contest the Tenth Circuit Decision on Exclusion of "Pervasively Sectarian" Universities from Scholarship Programs: Volokh Conspiracy A Different Perspective on Unusual Names: Volokh Conspiracy Back to the Dixie Chicks (and Anita Bryant and Many Others): Volokh Conspiracy "Antiscience" Violence at UC Santa Cruz: Volokh Conspiracy Alexander Solzhenitsyn, RIP: Volokh Conspiracy McLean's Article on the Campaign to Create an International Law Norm Banning "Defamation of Religion": Volokh Conspiracy New study says gay couples really do want marriage: Volokh Conspiracy The Patry Copyright Blog Closes: Volokh Conspiracy Stanley Kurtz on "Obama's Lost Years."-- Volokh Conspiracy Global Warming and Natural Disasters: Volokh Conspiracy California (and others) to Sue EPA Over GHGs (Again): Volokh Conspiracy EPA Libraries Reopening: Volokh Conspiracy Sunday Song Lyric: Volokh Conspiracy Obama "Will Not Run for Anything in 2008": Volokh Conspiracy Of Umpires and Judges: Volokh Conspiracy Sitemeter is Fixed--[Well, Not Completely]-- Volokh Conspiracy PLF Challenges Polar Bear Listing: Volokh Conspiracy Roberts on the Umpire Analogy.¯¯¯ Volokh Conspiracy Justice Jackson and the Umpire Analogy: Volokh Conspiracy Me on Penn and Teller: Volokh Conspiracy Banana split: Volokh Conspiracy Judge Jerry E. Smith and the Origins of the Judge-Umpire Analogy: Volokh Conspiracy Dildoes Going to the Supreme Court? Volokh Conspiracy The Political Ignorance of Swing Voters: Volokh Conspiracy Internet Explorer Problems Accessing Blogs.-- Volokh Conspiracy The Truman Show Delusion, Volokh Conspiracy More on the Obama / Maariv Note Matter -- How Could Haaretz Have Gotten This Wrong? Volokh Conspiracy Environmentally-Friendly Energy Policy: Volokh Conspiracy Proposed Changes for the U.S. News Rankings, Volokh Conspiracy Wal-Mart Warns of Unionization if Democrats Win.-- Volokh Conspiracy Perverse Incentives and the ESA: Volokh Conspiracy If Navy Privileges Catholic Chaplains, Can Protestants Sue? Volokh Conspiracy The Original Understanding and the Constitution in Civil Lawsuits: Volokh Conspiracy Based on a True Story: Volokh Conspiracy What If the Untenured Volokh Conspirators Were a Law Faculty? Volokh Conspiracy The Kippah Poll: Volokh Conspiracy Some of the AutoAdmit Pseudonymous Commenters Outed: Volokh Conspiracy From the Talula Does the Hula from Hawaii Decision: Volokh Conspiracy Establishment Clause Violation at Georgia Tech: Volokh Conspiracy Georgia Tech Faulted for "Lack of Candor" by Federal Judge, Volokh Conspiracy Fair Use, Freedom of Criticism, and (in this Instance) the Council on American-Islamic Relations Win; Michael Savage Loses: Volokh Conspiracy Evidence Now Clear That Barack Obama Was Not Widely Vetted for a Tenured Offer at Chicago.-- Volokh Conspiracy The Winner of the Name Change Derby? Volokh Conspiracy "Confraternity of Catholic Clergy" Calls for Punishment of Blasphemy in the U.S.: Wait a Second! False Claims appeal is untimely Wait a Second! 2d Circuit rejects 9/11 case against Saudi officials Wait a Second! Court of Appeals upholds psychotherapist privilege in garden variety damages claims Wait a Second! When can you sue under a pseudonym? Wait a Second! Premature appeal in Bridgeport racial discrimination case Wait a Second! Bellevue is on the hook for FLSA damages Wait a Second! Second Circuit takes back favorable habeas ruling Wait a Second! Remote Storage DVR system does not violate the Copyright laws Wait a Second! Does the First Amendment allow you to call someone a "fascist"? Wait a Second! No liberty interest in using a public facility Wait a Second! Supreme Court to review NY law shielding corrections officers from suit Wait a Second! Supreme Court rulings are retroactive Wait a Second! What is a case worth? The Appellate Division tells us. Wait a Second! Election of remedies clause in union contract does not violate Title VII Wait a Second! $600k in compensatory damages for disability discrimination Wait a Second! Some negative performance reviews are "adverse employment actions" Wait a Second! Circuit upholds disability discrimination verdict Wait a Second! Circuit rejects Syrian rendition/torture claim Wait a Second! Age discrimination can violate Section 1983 Wait a Second! A discrimination complaint can take on a life of its own Wait a Second! New hearing ordered for Section 8 benefits Wait a Second! The public debate over en banc review of firefighters' employment case continues Wait a Second! Rare public debate among 2d Circuit judges in Title VII en banc denial Wait a Second! "Class of one" claims not appropriate for public workers Wait a Second! Ripeness knocks out NYCLU's free speech suit Wait a Second! Yoko Ono loses copyright suit over "Imagine" Wait a Second! It's never too late to hold that a statute is illegal Wait a Second! Circuit allows punishment for student's obnoxious blog post Wait a Second! Retaliation = discrimination Wait a Second! Supreme Court: Section 1981 prohibits retaliation Wait a Second! D.C. Circuit: Paper money discriminates against the blind Wait a Second! Ninth Circuit: "Don't Ask Don't Tell" may be unconstitutional