Why don’t we restore the Constitution so every election is not “make or break”?; Why you shouldn’t talk to the police; Did a federal judge accuse his colleagues of letting their ‘racist attitude’ control the outcome of a case?; District court overturns magistrate decision rejecting ‘seize first, search second’ procedure for email warrants; An open letter to Volokh Conspiracy readers who are Trump supporters; Supreme Court’s new First Amendment price advertising case — can law allow ‘cash discounts’ but forbid ‘credit card surcharges’?; Supreme Court will hear ‘Slants’ trademark case, which is directly relevant to the Redskins controversy; Probable cause and cellphone searches;
 
The Volokh Conspiracy
 
 
Why don’t we restore the Constitution so every election is not “make or break”?
Simulation shows how a Convention of the States would actually work
Why you shouldn’t talk to the police
Watch the video of James Duane and my talks at the Cato Institute about his new book.
Did a federal judge accuse his colleagues of letting their ‘racist attitude’ control the outcome of a case?
Commenting on a recent decision, a federal judge says he crafted his dissent so as to "dramatize the racist attitude of the majority."
District court overturns magistrate decision rejecting ‘seize first, search second’ procedure for email warrants
Another decision from the "magistrates' revolt" overturned, at least mostly. Plus, a bonus discussion of ex ante search restrictions on computer warrants.
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An open letter to Volokh Conspiracy readers who are Trump supporters
A couple of questions for you, things that baffle me in connection with your support for this candidate.
 
Supreme Court’s new First Amendment price advertising case — can law allow ‘cash discounts’ but forbid ‘credit card surcharges’?
Lower courts have split on the question -- Expressions Hair Design v. Schneiderman is the Court's opportunity to resolve it.
 
Supreme Court will hear ‘Slants’ trademark case, which is directly relevant to the Redskins controversy
A provision of federal trademark law excludes the registration of “scandalous, immoral, or disparaging marks.” This morning, the Supreme Court agreed to hear the 'Slants' case and decide whether this sort of limitation on what may be trademarked is constitutional.
 
Probable cause and cellphone searches
A 16-year-old confessed to committing a robbery with two other people. The police then seized his cellphone. But did the police have probable cause to believe there was evidence of crime on the phone? The court's ruling: No, they didn't.
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