Eugene Volokh

It seems the GPT harassed Jonathan Turley.

I don't think they know what those words mean.

At a certain point, you have to wonder why he's willing to keep charging up this hill.

Is it possible that law schools aren't serious when they talk about promoting discussion?

Eugene Volokh explicitly does NOT apologize for all the offensive stuff he does. And that's because he's oblivious.

How hard is it to just not say the n-word?

* I share Allahpundit’s take on the retirement buzz around Justice Clarence Thomas (recently discussed by Jeffrey Toobin, but also in the air at last November’s Federalist Society conference): it’s certainly possible, and if it happens, Judge Amy Coney Barrett and Judge Amul Thapar are the two top picks. [Hot Air]

* And Judge Barrett is protecting her prospects for Supreme Court confirmation: she just joined the opinion of a fellow shortlister, Judge Diane Sykes, that dutifully applies Hill v. Colorado, the shaky but not-overruled Supreme Court precedent about free-speech rights outside abortion clinics. [Bench Memos / National Review]

* Speaking of SCOTUS, which amici boast the best track recorders in filing certiorari-stage amicus briefs in business cases? Adam Feldman crunches the numbers — and the dominance of the U.S. Chamber of Commerce should come as no surprise. [Empirical SCOTUS]

* And speaking of the Chamber, it also seems to be making progress on its goal of forcing more disclosure of litigation-funding arrangements, with the reintroduction of the Litigation Funding Transparency Act (LFTA). [Institute for Legal Reform]

* Litigation funders don’t reflexively oppose any and all disclosure requirements; Michael German of Vannin Capital, for example, argues for a sensible and limited disclosure regime. [New York Law Journal]

* If you’re looking for an interesting new podcast (besides Wondery’s exploration of the Dan Markel case), consider Bound by Oath from the Institute for Justice (Eugene Volokh is a fan). [Institute for Justice]

* Should Roger Stone be gagged? Joel Cohen weighs the pros and cons. [The Hill]

* Are you a lawyer who enjoys poker? Mark your calendar for February 23! [Attorney Poker Tour]

* A happy 200th birthday to Cravath, which celebrates its bicentennial in 2019 (and which has launched a sharp-looking, historically rich microsite for the occasion). [Cravath/200]

* According to Dayvon Love, “the policy response from mainstream political institutions and the Democratic Leadership in Maryland to the issue of gun violence and homicide in the Black community is mired in racism.” [Leaders of a Beautiful Struggle]

* The current Term of the Supreme Court doesn’t boast many blockbusters — but some cases are more interesting than others, as Adam Feldman points out. [Empirical SCOTUS]

* Illegal aliens, guns, and strict liability, oh my! Eugene Volokh breaks down Rehaif v. United States, which SCOTUS just agreed to hear. [Volokh Conspiracy / Reason]

* The Supreme Court has taken an increased interest in intellectual property in recent years — and if it wants to tackle issues of copyright infringement in the digital age, Capitol Records v. ReDigi could be a good vehicle. [All Rights Reserved]

* Speaking of supreme courts, Florida’s is likely to shift rightward, as Ed Whelan explains. [Bench Memos / National Review]

* If you’re getting lots of questions from friends and family about the constitutional law of shutdowns, check out this helpful explainer from Zachary Price. [Take Care]

* And if you have thoughts on what legal publishers got right and wrong in 2018, Jean O’Grady would like to hear from you. [Dewey B Strategic]

* Walter Dellinger and Marty Lederman offer their analysis of the Office of Legal Counsel memo, written by Assistant Attorney General Steve Engel, on the appointment of Matthew Whitaker as Acting Attorney General. [Just Security]

* WWRMD: What Would Robert Mueller Do, in the event that he’s fired by Matt Whitaker? His options would be limited, according to Joel Cohen and Jennifer Rodgers. [The Hill]

* As for who will become the next Senate-confirmed Attorney General, here are some possibilities — including Glenn Reynolds’s picks. [Instapundit]

* Victoria Baranetsky, general counsel at the Center for Investigative Reporting, argues that the Jim Acosta case is about protecting press rights as well as due process. [Take Care]

* Facebook friends aren’t “real” friends — at least according to this interesting new opinion from the Florida Supreme Court, highlighted by Eugene Volokh. [Reason / Volokh Conspiracy]

* Managing partners don’t get no respect at law firms — and Bruce MacEwen thinks that’s a problem. [Adam Smith Esq.]

* Even though it has been out for just a few months, Westlaw Edge already has 1,500 subscribers — and if you’re thinking about getting it, tune in to this (sponsored) webinar to learn more. [Dewey B Strategic]

* Yesterday I spoke at the Federalist Society National Lawyers Convention on a panel about technology, social media, and legal ethics, featuring Judge Don Willett (5th Cir.), Chief Judge Stephen Dillard (Ga. Ct. App.), Josh Blackman, and John Browning. Check it out!

* Should you go to law school? Our very own Kathryn Rubino lays out the pros and cons. [Policydb8] * You don't have to practice law; here's the story of how I went from practicing lawyer to founder of Above the Law, which I recently shared with Goli Kalkhoran. [Lessons From A Quitter] * UVA Law graduate Johnathan Perkins -- whose 3L controversy, covered in these pages (and elsewhere), turned out to be very different from initial reports -- has recommendations for improving the school's Honor System, especially when it comes to dealing with racial bias. [Cavalier Daily] * Eugene Volokh and David Post offering conflicting perspectives on Brett Kavanaugh and judicial temperament. [Reason / Volokh Conspiracy; Reason / Volokh Conspiracy] * The current Term of the U.S. Supreme Court might be short on blockbusters -- but it's not without interesting themes, according to Adam Feldman. [Empirical SCOTUS] * Emily Gold Waldman explores the intersection of diversity requirements, inclusion riders, and Title VII. [PrawfsBlawg] * Jean O'Grady looks at the latest offering from Intelligize. [Dewey B Strategic] * Funding continues to flow into the world of legal tech -- and the latest beneficiary is Lexoo, the U.K.-based, lawyer-matching online marketplace. [Artificial Lawyer]

* Jane Genova explores the implications of Jones Day’s representation of the embattled Cardinal Donald Wuerl, former bishop of Pittsburgh. [Law and More]

* Why did President Trump (or his personal lawyers) allow White House Counsel Don McGahn to speak so freely to special counsel Robert Mueller? Here are some thoughts from veteran litigator Joel Cohen. [The Hill]

* As I recently discussed with Judge Jeffrey Sutton, Chevron-style deference to administrative agencies is being reconsidered in a number of states — and you can add Ohio to that list, as Eugene Volokh notes. [Volokh Conspiracy / Reason]

* Charles Glasser calls out the Washington Post for its selective invocation of the value of transparency. [Daily Caller]

* If you’re an ambitious law student or lawyer, then you need to watch your words on social media, as this report from Patrick Gregory makes clear. [Big Law Business]

* The justices will consider more than 1,000 certiorari petitions at the “long conference” on September 24 — and Adam Feldman identifies some of the standouts. [Empirical SCOTUS]

* Speaking of SCOTUS, if you’ll be in or near New Haven this coming Wednesday, please join me and Linda Greenhouse for a wide-ranging discussion of President Trump’s transformation of the federal judiciary. [Yale Federalist Society]

* The World Bank launches the world’s first BONDI, or “blockchain operated new debt instrument,” with an assist from King & Wood Mallesons. [Artificial Lawyer]

* Charles Glasser proposes replacing “Trump Derangement Syndrome” with “Trump Obsession Syndrome” — which might be more accurate, but isn’t nearly as fun. [Daily Caller]

* Speaking of anti-Trump sentiment, here’s an interesting new ranking — from Adam Bonica, Adam Chilton, Kyle Rozema, and Maya Sen — showing just how liberal certain law schools are. [TaxProf Blog]

* Trying to date in law school? You’re looking for love in all the wrong places, according to 3L Korey Johnson. [Black Girl Does Grad School]

* Speaking of law school, here’s Kat Griffin’s roundup of the best blogs for women law students (with a shoutout to ATL; thanks, Kat!). [Corporette]

* An “Abolish ICE” t-shirt might not be very fashionable — but it is constitutionally protected speech, as Eugene Volokh explains. [Volokh Conspiracy / Reason]

* Joel Cohen wonders: should more states ban secret recording of conversations — and could the odious Omarosa be the catalyst for such change? [The Hill]

* Neha Sampat discusses the problem of “imposter syndrome” — and what we can all do to address it. [Attorney At Work]

* “Sex pigs halt traffic after laser attack on Pokémon teens.” Yeah, you know you wanna click…. [Instapundit]

* Where does your law firm fall along the AI adoption spectrum? Jean O’Grady lays out the stages. [Dewey B Strategic]

* Joel Cohen tackles a tricky issue: how far should a lawyer go when defending a controversial client — e.g., Bill Cosby — in the court of public opinion? [Law and Crime]

* How much does being a conservative or libertarian hurt you when applying for a position as a law professor? James C. Phillips attempts to quantify the “rank gap.” [SSRN]

* Some thoughts on the case involving 3D-printer gunmaking instructions, from Eugene Volokh — who, not surprisingly, has a take that’s a bit more nuanced than Elie Mystal’s. [Volokh Conspiracy / Reason]

* Happy blogiversary to Artificial Lawyer — a great resource for anyone interested in the intersection of AI and the law. [Artificial Lawyer]

* C. Boyden Gray, a former White House Counsel, offers a clear and persuasive explanation of why seeing all the documents that Brett Kavanaugh sent or received during his time as White House Staff Secretary isn’t going to aid in evaluation of his SCOTUS nomination. [The Hill]

* From leading Supreme Court lawyer Lisa Blatt: “I’m a Liberal Feminist Lawyer. Here’s Why Democrats Should Support Judge Kavanaugh.” [Politico]

* And here’s more support for the SCOTUS nominee, from Kathryn Cherry, a former Kavanaugh clerk (and an African-American woman — one of Judge Kavanaugh’s many female or minority clerks).

https://www.youtube.com/watch?v=PBjEJPdAOPo&feature=youtu.be

* After issuing a TRO to a block a political ad attacking his own allies and campaign donors — “almost certainly an unconstitutional prior restraint,” in the words of First Amendment guru Eugene Volokh — Judge Doug Martin of Arkansas (finally) recuses himself. [Daily Caller]

* Jim Comey’s bestselling book (affiliate link) could cause complications for Robert Mueller and his investigation, according to Joel Cohen. [Law and Crime]

* Which state solicitors general appear most frequently before the Supreme Court? Not surprisingly, Scott Keller of Texas leads the pack, but check out Adam Feldman’s list for other notable names. [Empirical SCOTUS]

* Jean O’Grady shares my admiration for the late Tom Wolfe — and even corresponded with the acclaimed author. [Dewey B Strategic]

* Too few people are willing to take ownership of change — and this is a big problem, as Greg Lambert explains. [3 Geeks and a Law Blog]

* John Fund asks: has the American Law Institute (ALI) strayed from its mission of describing the law and into advocating changes in the law instead? [National Review]

* What is “Old Tweet Syndrome,” and is there a cure for it? Charles Glasser makes a diagnosis. [Daily Caller]

* Adam J. White wonders: Does the Solicitor General’s request for more time to file its reply to Sierra Pacific’s cert petition in the “Moonlight Fire” case suggest that the Justice Department might confess error? [Weekly Standard]

* If you’ll be in Chicago on June 8, please consider coming to the twelfth annual dinner of the Richard Linn Inn of Court, where I’ll be speaking — hope to see you there! [Richard Linn American Inn of Court]

* Joel Cohen makes the case for appointing a special master to review the attorney-client privilege claims in the case of Michael Cohen (no relation). [Law and Crime]

* A fun profile of Judge Kimba M. Wood (S.D.N.Y.), who’s presiding over the Cohen case — and who “doesn’t need to eat the whole barrel to know it’s not a pickle.” [Politico]

* Circuit judges can play it safe, in the hopes of making it to the Supreme Court someday, or they can be bold (which might help their SCOTUS chances, or might hurt them); Judge James Ho is going for the second approach. [U.S. Court of Appeals for the Fifth Circuit]

* Professor Eugene Volokh: “What is this, Mean Girls: Supreme Court Edition?” [Volokh Conspiracy / Reason]

* Still on SCOTUS, which leading appellate lawyers (according to Chambers & Partners) have the most active practices before the high court? [Empirical SCOTUS]

* What’s the best new legal-information product out there, and what’s the best new product feature or function? Survey says…. [Dewey B Strategic]

* Because having a law school named after him wasn’t enough, Philadelphia trial lawyer Thomas R. Kline is now honored by a giant marble statue. [Philly.com]

* The Wisconsin Supreme Court will decide an important case about academic freedom (and Above the Law gets cited in the amicus brief of the National Association of Scholars — see footnote 29). [Badger Pundit]

* Congratulations to former Miss America winner Deidre Downs Gunn and attorney and writer Abbott Jones on their recent nuptials! [People]

* And congratulations to the recipients of 2018’s Best LGBT Lawyers Under 40 Awards! [LGBT Bar]

* Audacious: former Mercer Law student Stephen McDaniel, who took apart the body of Lauren Giddings after brutally murdering her, seeks habeas corpus. [WGXA]

* “Did #MeToo really bring a reckoning to the legal industry?” A discussion featuring Katherine Ku, Dahlia Lithwick, Leah Litman, Ian Samuel, and me. [Vice]

* Speaking of #MeToo and the legal profession, look for more disturbing stories like this one to emerge in the weeks ahead. [Medium]

* Best friends: which amici in the Supreme Court have the strongest track records in major cases? [Empirical SCOTUS]

* Speaking of SCOTUS, if you were a billionaire who dropped $32.5 million on beachfront property, you too would hire Paul Clement to seek certiorari in your takings case. [SFGate]

* As someone with a mild case of prosopagnosia (aka face-blindness), I totally agree with Eugene Volokh’s recommendations about nametags at conferences. [Volokh Conspiracy / Reason]

* Divorce lawyer and former Playboy model Corri Fetman, no stranger to our pages, is running for Cook County Circuit Court judge — and calling out her opponents for running body-shaming attack ads. [Chicago Reader]

* Here’s what the United States can — and can’t — learn from the small, happy, and fairly homogenous nation of Denmark (by Megan McArdle via Glenn Reynolds). [Instapundit]

* If you share my confusion about blockchain, here’s a recommendation: check out the new Integra Wallet, just released by legal-blockchain pioneer Integra Ledger. [Artificial Lawyer]

* Speaking of leveraging the power of blockchain, you simply must check out Casey Flaherty’s new Magic Money Machine™. [3 Geeks and a Law Blog]

* If you work a lot with expert witnesses, you might want to check out Courtroom Insight, for reasons explained by Jean O’Grady. [Dewey B Strategic]

* Congratulations to Professor Jennifer Levi, recipient of the ABA Stonewall Award for her pioneering work on transgender rights! [Western New England University]

* A question that has crossed the mind of every Biglaw corporate associate: “How much of lawyering is being a copy-and-paste monkey?” [3 Geeks and a Law Blog]

* Kenneth Jost notes out how Justices Ginsburg and Gorsuch like to butt heads — and scores the fight 2-0 in RBG’s favor. [Jost on Justice]

* And speaking of rumbles at One First Street, which pairs of justices have the most disagreements with each other, as reflected in majority and dissenting opinions? Adam Feldman has answers. [Empirical SCOTUS]

* Saira Rao, former Cleary Gottlieb associate and author of the clerkship novel Chambermaid (affiliate link), takes on a new challenge: running for Congress. [American Bazaar]

* Data privacy is the name of the game these days, and Thomson Reuters is ready; TR showed off its new, Watson-enabled Data Privacy Advisor at Legalweek here in New York. [Dewey B Strategic]

* Amidst all the hoopla and robot fights at Legalweek, it would be easy to overlook the latest news from Neota Logic — but you shouldn’t. [Artificial Lawyer]

* Should more states move away from requiring unanimous jury verdicts in criminal cases? Joel Cohen argues that 11 is not enough. [Law & Crime]

* Can a U.S. court punish someone for their speech, on the theory that he breached an agreement not to speak, while keeping the speech-restrictive agreement secret? Eugene Volokh thinks not (with good reason). [Volokh Conspiracy / Reason]

* Dewey see an end in sight for legal proceedings related to the collapse of the Biglaw giant? Former executive director Stephen DiCarmine was supposed to be in court today to face fraud claims from the Securities and Exchange Commission, but it looks like the parties might have a deal. [Law360]

* If you will be in New York City next weekend and are interested Asian-American leadership in the legal field, consider attending Columbia APALSA’s annual conference — where Kathy Hirata Chin will be honored for her efforts to promote diversity in the legal profession. [Columbia Law School APALSA]

* Not wasting any time: Judge Amul Thapar, recently confirmed to the Sixth Circuit, authors his first published opinion as a member of that court. [How Appealing]

* “Can private employers fire employees for going to a white supremacist rally?” It depends, as Eugene Volokh explains. [Volokh Conspiracy / Washington Post]

* Joel Cohen explores special counsel Robert Mueller’s decision to impanel a grand jury in D.C. [Huffington Post]

* Neha Sampat identifies three ways to hire resilient lawyers — and the benefits to diversity of focusing on resilience. [Law Practice Today]

* Adam Feldman looks at which lower-court judges see their dissents most often vindicated at the Supreme Court. [Empirical SCOTUS]

* Gerard Magliocca raises some interesting issues about possible ratification of the Equal Rights Amendment (ERA). [Concurring Opinions]

* Which justices dissent most frequently in constitutional cases? The top few probably won’t surprise you, but Adam Feldman has other interesting data too. [Empirical SCOTUS]

* A hefty — think 132 pages — ruling from the Tenth Circuit, overturning a Native American man’s murder conviction and death sentence, could have major implications. [How Appealing]

* Warm words from Eugene Volokh for his co-blogger Nick Rosenkranz, a possible Second Circuit nominee. [Volokh Conspiracy / Washington Post]

* Drew Rossow poses an interesting question: Could Your Roomba Soon Be Sucking Up Your Privacy Rights? [Huffington Post]

* Ann Althouse analysis on President Trump’s controversial “fire and fury” comments. [Althouse]

* “THE HORROR. THE HORROR. Newark Terrorized by Whole Foods.” [National Review via Instapundit]

* The allegations about Marc Kasowitz’s drinking problem might be salacious, but the issue of alcohol abuse by lawyers is serious. [Law.com]

* Fun for legal nerds everywhere: Chief Judge Diane Wood benchslaps parties for shoddy jurisdictional statements! [On the Case / Alison Frankel via How Appealing]

* And more fodder for #appellatetwitter types: Adam Feldman ranks the most-cited justices of the last Supreme Court Term. [Empirical SCOTUS]

* Chris Geidner wonders whether another shoe will drop concerning the emails of Donald Trump Jr. [BuzzFeed]

* The trial judge in this defamation case ought to read this analysis by Professor Eugene Volokh — or at least watch The Big Lebwoski (“For your information, the Supreme Court has roundly rejected prior restraint.”). [Volokh Conspiracy / Washington Post]

* Professor Paul Horwitz comes to the defense of the latest controversial comments by the artist formerly known as Judge Richard Posner. [PrawfsBlawg]