“How ‘Amexit’ sent shockwaves through the financial markets”

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Here are the latest reports from The Washington Posts ‘Volokh Conspiracy’.

“How ‘Amexit’ sent shockwaves through the financial markets”
A very amusing (but, I assume, historically accurate) chart from the Economist. Thanks to Mark Liberman (Language Log) for the pointer.

Password-sharing case divides Ninth Circuit in Nosal II
The Ninth Circuit has handed down United States v. Nosal (“Nosal II“), a case on the scope of the Computer Fraud and Abuse Act that I blogged about here and here. The court held 2-1 that former employees of a company who had their company accounts revoked violated the CFAA when they subsequently used the […]

Short Circuit: A roundup of recent federal court decisions
(Here is the latest edition of the Institute for Justice’s weekly Short Circuit newsletter, written by John Ross.) If the government violates your rights, there must be a remedy. So what remedy is available to a citizen detained without reasonable suspicion? None at all for one recent Supreme Court petitioner, notes Evan Bernick of the […]

Comey’s unusual public recommendation in the Clinton email investigation
FBI Director James Comey announced the results of the FBI’s investigation into Hillary Clinton’s handling of classified email on a private server when she was secretary of state. The FBI found evidence of “extreme” carelessness in handling classified materials but found no intent to violate any laws on classified information. Most importantly, the FBI is […]

Private email accounts are not exempt from FOIA
Today, in Competitive Enterprise Institute v. Office of Science & Technology Policy, the U.S. Court of Appeals for the D.C. Circuit held that private email accounts are not categorically exempt from the Freedom of Information Act. Specifically, the court concluded that documents that would otherwise be considered government records for FOIA purposes if within the government’s control […]

How political ignorance bolsters racial, ethnic, and xenophobic prejudice
In a just-published History News Network article, I explain how political ignorance plays a major role in promoting racial and ethnic prejudice and xenophobia. The elementary school trope that prejudice is caused by ignorance is an oversimplification. But it has a lot more truth to it than you might think: Many of us were told […]

Man arrested for Facebook picture that shows him burning an American flag
Steven Nelson (U.S. News & World Report) has the story. Here is the police department press release: On the morning of 7/4/16, the Urbana police department began receiving calls concerning a Facebook post that portrayed Bryton Mellott, a citizen of Urbana, burning an American flag. The images and narrative in the post caused some to […]

Fact-checking PolitiFact’s fact-check of Trump’s ‘crime is rising’ claim
On June 7, Donald Trump gave a speech in which he said (emphasis added): Hard to imagine what’s happened to our country. America is being taken apart piece by piece . . . just rapidly auctioned off to the highest bidder. We’re broke. We’re broke. [Our debt is] $19 trillion, going quickly to $21 trillion. […]

Upcoming speaking engagements on “Democracy and Political Ignorance”
Over the next few months, I will be doing a number of speaking engagements about the just-published second edition of my book Democracy and Political Ignorance: Why Smaller Government is Smarter, in addition to ones I have previously done at the Cato Institute (video here) and various universities in the US, Australia, and New Zealand. […]

4th of July thoughts on the Declaration of Independence, slavery, and T. Jefferson
While we’re celebrating, as well we should, the remarkable words of the Declaration of Independence and the ideas that stand behind them, I can’t resist adding one additional point that often goes unremarked in connection with the Declaration.  As co-blogger Randy Barnett points out here, not only did Jefferson crib much of the great two-paragraph […]

What the Declaration of Independence Really Claimed
[The thesis of Our Republican Constitution: Securing the Liberty and Sovereignty of the We the People is based on the political theory articulated in the Declaration of Independence. As we celebrate Independence Day, as I did last year, I thought I would post a couple excerpts from Chapter 2, in which I discuss the Declaration. This […]

The Drafting of the Declaration of Independence
[The thesis of Our Republican Constitution: Securing the Liberty and Sovereignty of the We the People is based on the political theory articulated in the Declaration of Independence As we celebrate Independence Day, as I did last year, I thought I would post a couple excerpts from Chapter 2, in which I discuss the Declaration. […]

Origins of the Declaration of Independence: Samuel Rutherford’s ‘Lex, Rex’
Is the head of the government subject to the law, or above the law? This was the central question of the political crisis that caused the English Civil War in the 17th century, against the absolutist claims of King Charles I. The answer to this question is one of the foundations of the Declaration of Independence. […]

Algernon Sidney: A father of the Declaration of Independence
According to John Adams, the third great stage of English intellectual confrontation with tyranny took place in the years around the Glorious Revolution of 1688. Then, the important writers included John Locke and Algernon Sidney. John Adams, “A Defence of the Constitutions of the United States of America,” vol. 3 (Philadelphia: 1797), Page 211. Thomas […]

Why secessionist nationalists want to stay in the European Union
In several European countries, nationalist secession movements simultaneously seek independence from their countries’ governments, but also want to remain part of the European Union. British political commentator Theodore Dalrymple argues that this combination of attitudes is a “glaring contradiction”: All the current nationalist parties of small nations in Europe—the Scots, the Welsh, the Basque, the […]

Does the Brexit vote prove that democracies should not use referenda?
Some critics of Britain’s vote for Brexit argue that it proves that democracies should not rely on referenda to make important decisions. Relatively knowledgeable elected officials may be better positioned to make such complex choices than generally ignorant voters. Examples of this sort of reaction to Brexit include recent articles by Jason Brennan (a leading […]

Recommended reading: G. Edward White, ‘Law in American History, Volume II, from Reconstruction through the 1920s’
G. Edward White, eminent legal historian at the University of Virginia, has written a wonderful book covering American legal history from the post-Civil War period through the 1920s. The whole book is great, but to me the standout chapter is the very first one, in which White reviews the Supreme Court’s understanding of the 14th […]

HHS wins one Obamacare case and loses another
Friday, the U.S. Court of Appeals for the D.C. Circuit released two opinions in Patient Protection and Affordable Care Act (PPACA) cases.  In one case, the federal government prevailed. In the other, it did not. Both opinions were unanimous and (in my opinion) likely correct. The two cases are also further confirmation that Obamacare litigation is […]

Cathy Young on feminism and men
From Cathy Young, “Feminists treat men badly. It’s bad for feminism.“: Feminist male-bashing has come to sound like a cliche — a misogynist caricature. Feminism, its loudest proponents vow, is about fighting for equality. The man-hating label is either a smear or a misunderstanding. Yet a lot of feminist rhetoric today does cross the line […]

FBI seeking to prevent disclosure of information about Orlando shooting
In the wake of the horrific attack on the Pulse nightclub, the Justice Department initially released a redacted transcript of one of the shooter’s 911 calls. Although that decision was quickly reversed, the Justice Department is still seeking to prevent the disclosure of information related to the shooter’s contacts with local law enforcement during the […]

Challenge to Maryland law banning speech that intentionally seriously distresses minors
My student Elizabeth Arias and I — with the invaluable help of local counsel Michael F. Smith (who has also helped us with Michigan cases) — have just filed a friend-of-the-court brief in one of the latest cases in the Aaron Walker/Brett Kimberlin saga. This brief supports Aaron Walker’s challenge to Maryland Criminal Law § […]

Jacob Levy’s libertarian critique of Brexit
The debate over Brexit has divided libertarians and otherfree market advocates in both the US and the UK. Those who view Brexit with skepticism (myself included), emphasize its potential negative effects on free trade and migration. But libertarian defenders of Brexit understandably emphasize the European Union’s many dubious economic regulations. A Britain freed from the […]

Alexander Hamilton, the truth, and freedom of the press
Alexander Hamilton is much in people’s minds these days. But here’s one thing few people know about him: Though he isn’t usually seen as a libertarian, Hamilton played a historic and immensely influential role in American free press law, just months before his fatal duel. Libel law. Today, we think of libel as defamatory falsehood: […]

Idaho federal prosecutor issues follow-up statement about Twin Falls child sexual assault controversy
1. As I mentioned Sunday, Idaho U.S. Attorney Wendy J. Olson — the chief federal prosecutor in Idaho — released a statement prompted by the Twin Falls child sexual assault controversy. On June 2, a 5-year-old girl was allegedly sexually assaulted at a Twin Falls, Idaho, apartment building by three boys ages 7, 10 and 14. […]

Et vir
The Supreme Court just granted review in the Wonder the Goldendoodle case (credit to Amy Howe for pointing out Wonder’s participation), and the name of the case listed on the court docket — “FRY, STACY, ET VIR V. NAPOLEON COMMUNITY SCH., ET AL.” — reminds me of this legalese question: What does “et vir” mean […]

The New York Times’s worshipful 1935 obituary for Justice Oliver Wendell Holmes
Yesterday, I criticized Judge Richard Posner’s harsh criticism of what I thought was an anodyne tribute to the late Justice Antonin Scalia by Justice Elena Kagan (FYI, the post has been updated). This reminded me that way back in 1935, the New York Times didn’t exactly hold back in the opening paragraphs of its obituary for […]

Supreme Court voids Texas abortion regulations as “undue burden” on abortion providers (Updated)
This morning, in what may be the most significant abortion-related decision of the past twenty-five years, a divided Supreme Court struck down a Texas law regulating abortion providers. The law at issue, H.B. 2, required physicians performing abortions to have admitting privileges at a relatively nearby hospital and required abortion-providing facilities to meet the “minimum standards . […]

“Forbes” interview about my book “Democracy and Political Ignorance”
Jared Meyer recently interviewed me in Forbes, about the just-published new edition of my book Democracy and Political Ignorance: Why Smaller Government is Smarter. The interview is here.

Judge Posner’s bizarre swipe at the late Justice Scalia
Seventh Circuit Judge Richard Posner, who sparred with the late Justice Antonin Scalia on various jurisprudential issues while the latter was alive, writes the following: I worry that law professors are too respectful of the Supreme Court, in part perhaps because they don’t want to spoil the chances of their students to obtain Supreme Court […]

N.Y. Senate passes bill banning funding for university student groups that “encourage” “hate speech”
Earlier this month, the New York Senate passed a bill (S8017), co-sponsored by state senators Jack Martins and Todd Kaminsky, that would require New York public college and universities to adopt rules that any student group … that receives funding from the [university] that directly or indirectly promotes, encourages, or permits discrimination, intolerance, hate speech […]

Star Wars, science fiction and the Constitution – my review of Cass Sunstein’s “The World According to Star Wars”
The Jotwell website recently posted my review of Cass Sunstein’s fascinating new book The World According to Star Wars. It focuses on Sunstein’s analysis of the portrayal of constitutional and political issues in the Star Wars universe. Here is an excerpt: Cass Sunstein is one of America’s leading legal scholars. Both his work generally and […]

When Justices Thomas and Sotomayor dissent together
Voisine v. United States was among the final three decisions handed down this morning by the Supreme Court. In Voisine, the court concluded 6-2 that a reckless domestic assault qualifies as a “misdemeanor crime of domestic violence” under §922(g)(9), which prohibits firearm possession by those convicted of violent crimes. The most interesting thing about Voisine is the lineup. Justice Elena […]

Byzantine art and history
Congratulations to my dear friend Sharon Gerstel, an art history professor at University of California at Los Angeles, on her Runciman Award, which she just got for her book, “Rural Lives and Landscapes in Late Byzantium.” The Runciman Award is given each year by the Anglo-Hellenic league for an English-language book dealing with Greek history […]

Unanimous Supreme Court throws out former Governor Bob McDonnell’s conviction
In the final opinion of the term, the Supreme Court threw out the corruption conviction of former Virginia governor Robert McDonnell. According to the Court, in an opinion by Chief Justice Roberts, the trial court had adopted an overly expansive interpretation of the relevant statutory provisions, and the definition of what constitutes an “official act,” […]

Short Circuit: A roundup of recent federal court decisions
(Here is the latest edition of the Institute for Justice’s weekly Short Circuit newsletter, written by John Ross.) What to make of a recent Ninth Circuit gun-rights decision in which the majority reaches back to the 13th century (and finds that laws against carrying concealed weapons in public have been nearly universally upheld)? Evan Bernick […]

“ ‘Citizens of the World’? Nice Thought, But … ”
I’m no expert on European Union matters, but Megan McArdle’s column on Brexit strikes me as much worth reading. There’s a lot of appeal to the internationalist idea that building superstates will tamp down on war. But there’s a reason that the 19th century architects of superstates (now known simply as “states”) spent so much time […]

Brexit, “Regrexit,” and the impact of political ignorance

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