Posts filtered by tags: Ilya Somin[x]


 

"Lo and behold, the great philosopher’s number was listed right there, next to those of mere mortals. But who should be the one to call Rawls?"

"No one volunteered for this daunting task. So Anjan nominated me. 'You should talk to him,' he said, 'because you guys have a lot in common.' The idea that a world-famous political philosopher would have anything in common with an obscure high school sophomore struck me as ridiculous. Still, a part of me was flattered by Anjan’s suggestion that I should be the one to call Rawls. So I let him persuade me. With trembling fingers, I dialed Rawls’ number, half-hoping that he wouldn’t be home. It tu...
Tags: Law, Gambling, Time, New Orleans, Philosophy, Jack, Conversations, Rawls, John Rawls, Ilya Somin, Association of American Law Schools, Sunstein, Ann Althouse, Anjan, Solum, Larry Solum


Biden's Judicial Reform Commission is unlikely to recommend Court-packing.

According to Ilya Somin (at Reason).  But it would be wrong to think that the court-packing issue will simply go away. Over the last few years, the once-unthinkable proposal has clearly become part of mainstream political discourse on the political left. Thanks in part to the bad-faith behavior of Republicans (where the party first claimed it was wrong to vote on a Supreme Court nominee in an election year in 2016, and then took the completely opposite stance when it became convenient in 2020) t...
Tags: Supreme Court, Law, Biden, Overton Window, Ilya Somin, Ann Althouse, Biden and the judiciary, Court-packing, Judicial Reform Commission


Symposium: A better way to limit Congress’ subpoena power

Ilya Somin is a law professor at George Mason University, and author of “Free to Move: Foot Voting, Migration, and Political Freedom.” Some parts of this post have been adapted from a previous piece on the Volokh Conspiracy blog, hosted by Reason. Today’s Supreme Court decision in Trump v. Mazars establishes a vague and unwieldy four-part test for determining when congressional committees can subpoena documents from the president. The court understandably and rightly rejected both the president’...
Tags: Featured, Supreme Court, Law, Congress, United States, House, House Of Representatives, Ncaa, Clinton, Trump, Thomas, New Deal, John Roberts, Murphy, George Mason University, Roberts


Thursday round-up

Court-watchers are focusing on Espinoza v. Montana Department of Revenue, in which the court held on Tuesday that Montana’s exclusion of religious schools from a state-funded scholarship program for private schools violates the First Amendment. At Reason’s Volokh Conspiracy blog, Ilya Somin finds it “unfortunate” that the decision was “a close 5-4 ruling, split along ideological lines with the five conservative justices in the majority, and the four liberals all dissenting,” because “[s]triking ...
Tags: Texas, Supreme Court, Law, California, Planned Parenthood, Washington Post, Montana, United States, ACS, Louisiana, Jackson, ACA, Economist, Round-up, Lech, National Review


Free to Move: An Interview with Ilya Somin, Part Two

This is part two of a two-part interview with Ilya Somin (George Mason Law School) about his new book, Free to Move: Foot Voting, Migration, and Political Freedom (Oxford University Press, 2020). Part One appears here. JB:How might you apply the thesis of your book to the internet? I have argued that we need many different kinds of social media companies with many different kinds of content moderation rules in order to protect freedom of expression. But the central objection to what I've calle...
Tags: Facebook, New York, Instagram, Microsoft, United States, Un, Branding, Hirschman, JB, David Runciman, Ilya Somin, Ilya Somin George Mason Law, Political Freedom Oxford University Press, Albert O Hirschman


Free to Move: An Interview with Ilya Somin, Part One

I recently spoke with Ilya Somin (George Mason Law School) about his new book, Free to Move: Foot Voting, Migration, and Political Freedom (Oxford University Press, 2020).This is part one of a two-part interview. Part Two will appear tomorrow. JB: Your book argues for the freedom of migration both within countries and across borders. You argue that foot voting can create many beneficial effects, and that it also promotes political freedom. Among the key moves in your book are the twin concept...
Tags: South Korea, Texas, North Korea, Mexico, Virginia, Russia, US, United States, Switzerland, Denmark, Venezuela, Branding, American Medical Association, Larry Bartels, JB, John Locke


Secession, Foot Voting, and Self-Determination

For the Symposium on Timothy William Waters's Boxing Pandora: Rethinking Borders, States, and Secession in a Democratic World (Yale University Press, 2020) and F. H. Buckley's American Secession: The Looming Threat of a National Breakup (Encounter Books, 2020).Ilya Somin The conventional wisdom on secession is that it is rarely justified and should only be used as a last resort for escaping severe oppression, as a means of “decolonization,” or perhaps to give autonomy to some   ethnic group th...
Tags: Texas, California, China, Russia, US, America, Austin, Pandora, United States, Houston, Branding, Guest Blogger, Buckley, George Mason University, Ilya Somin, Frank Buckley


Friday round-up

Yesterday the court issued a unanimous decision in trademark case Lucky Brand Dungarees v. Marcel Fashions Group, holding that because Marcel is raising claims it did not raise in a previous suit between the parties, Lucky Brand is not precluded from raising new defenses. Megan La Belle analyzes the opinion for this blog. For (subscription required), Brent Kendall and Jess Bravin cover Wednesday’s arguments in Chiafalo v. Washington and Colorado Department of State v. Baca, which ask whether t...
Tags: Google, New York, Texas, Supreme Court, Law, California, Washington, America, Bloomberg, New York Times, Ruth Bader Ginsburg, Trump, Round-up, Lucky Brand, Sonia Sotomayor, Josh Blackman


Schools roundup

Presumptive ban on homeschooling? A bad idea for so many reasons, especially when the presumption should be of liberty [Erin O’Donnell, Harvard Magazine; Kerry McDonald, Cato] Harvard Law School is hosting a June conference on homeschooling and the law dominated by advocates of placing new legal restrictions on the practice [Corey DeAngelis] A recent HLS grad who was homeschooled weighs in [Alex J. Harris] Equity versus achievement: U.S. Department of Education urges schools working remotely t...
Tags: Sixth Circuit, Supreme Court, Law, Uncategorized, San Francisco, Copyright, Atlantic, New York Times, Schools, School Lunch, Erin, Mike Masnick, Harvard Law School, Arlington VA, HLS, U S Department of Education


Sincere apologies for destroying your house

As police battle a Colorado criminal on the loose, the home of innocent bystanders is destroyed. City of Greenwood Village to owners: rough luck, we know, but we don’t owe you anything for that loss. Or might the Supreme Court want to view that as a taking for which fair compensation is owed under the Fifth Amendment? Ilya Shapiro, Trevor Burrus, and Michael Collins on the Cato Institute’s certiorari amicus brief in Lech v. Jackson; Ilya Somin (yes, the oft-confused Ilyas were both involved). ...
Tags: Supreme Court, Law, Colorado, Uncategorized, Jackson, Lech, Cato Institute, Michael Collins, Greenwood Village, Ilya Somin, Eminent Domain, Property Rights, Ilyas, Ilya Shapiro Trevor Burrus


Election "fetishism"

"Elections are the fossil fuel of politics."  This incendiary sentence comes form a fascinating book, Against Elections, by David van Reybrouck.  What he is attacking is what might be termed a certain kind of "fetishism" that views our standard reliance on certain forms of election as the one true way of selecting leaders in a "representative democracy.'  To be sure, Reybrouck can be read in part as a critic of "representative democracy" in favor of more direct democracy, as seen in America in s...
Tags: California, US, America, Gop, Maine, Wisconsin, Donald Trump, Branding, Gallup, Fishkin, Ilya Somin, Sandy Levinson, David Van Reybrouck, Jim Fishkin, US Supreme Court There


Constitutional law roundup

I join Caleb Brown at the Cato Daily Podcast to talk about federalism and the lead role of the states in applying pandemic-related police power. See also Chris Edwards, Cato; First John Tamny disagreed with my observation in the WSJ that the Constitution allows states, not the federal government, the power to make lockdown decisions during epidemic outbreaks. Now Roger Pilon weighs in and settles it [Real Clear Markets] “Contagion and the Right to Travel” [Anthony Michael Kreis, Harvard Law ...
Tags: Law, Uncategorized, Indiana, Illinois, Constitutional Law, WSJ, Josh Blackman, Cato Institute, Michael Collins, Pennsylvania Supreme Court, Indiana Supreme Court, CALEB BROWN, Roger Pilon, Ilya Somin, on TV and radio, Cato Daily Podcast


Is compensation owed for business closures?

When the government orders everyday businesses to close as a way of combating the spread of a pandemic, does the Takings Clause require compensation? If not, what about rough justice? [Ilya Somin] Tags: COVID-19 virus, eminent domain
Tags: Law, Uncategorized, Ilya Somin, Eminent Domain, COVID-19 virus


Supreme Court roundup

Court grants review of two cases, likely to be among the term’s more important for business, to clarify the limits of state court personal jurisdiction when none of defendants’ actions relevant to the dispute took place in the state [Jim Beck on Ford Motor Co. v. Bandemer (Minnesota) and Ford Motor Co. v. Montana Eighth Judicial District Court] From Peace Cross to Espinoza: where religious exercise and the Establishment Clause are headed in the Roberts Court [Federalist Society conference pane...
Tags: Sixth Circuit, Supreme Court, Law, Uncategorized, Fourth Amendment, Trump, Religious Liberty, Arbitration, Ford Motor Co, Michael Collins, U S, Roberts Court, Adam Feldman, Ninth Circuit, CALEB BROWN, Espinoza


Oregon steps back from single-family zoning

Catching up on a story from last summer we somehow never linked: Oregon has become the first state to do away with single-family zoning in larger cities. Building single-family homes will remain perfectly legal, but localities with populations above 10,000 would have to allow property owners to build duplexes as well, while those with populations above 25,000 will also have to permit triplexes, fourplexes and “cottage clusters.” [Elliot Njus, The Oregonian, Christian Britschgi/Reason, Ilya Somin...
Tags: Law, Oregon, Uncategorized, Land Use And Zoning, Ilya Somin


Proposal: small claims courts for police misconduct

A proposal from my Cato Institute colleague Clark Neily: small claims courts for low-level police misconduct. Ilya Somin praises it as among the few constitutional law ideas “that are simultaneously good, original, and potentially useful in the real world.” [Volokh Conspiracy] More: Howard Wasserman (similar ideas), Scott Greenfield and some other thoughts on small claims. Tags: constitutional law, judicial system, police
Tags: Law, Police, Uncategorized, Constitutional Law, Cato Institute, Ilya Somin, Scott Greenfield, Howard Wasserman, Clark Neily, Judicial System


December 18 roundup

Examples ranging from eminent domain and free speech to racial and religious discrimination contradict Attorney General’s suggestion that it’s unusual for modern courts to scrutinize motives behind government action [Milad Emam, Institute for Justice; Ilya Somin] Article deems it “unusual” that lawyer trying to get money out of Facebook on lurid sex-trafficking theories is a personal-injury specialist who’s pursued car-crash and insurance claims. Doesn’t take much to surprise the New York Tim...
Tags: Facebook, Guns, Law, Uncategorized, New York Times, Baltimore, Ilya Somin, Eric Turkewitz, Chasing Clients, Timothy Geigner TechDirt, Alex Tabarrok, United Fruit Company, Trade Dress, Jack Nicas, Justin Fenton Baltimore Sun, Milad Emam Institute for Justice


This Week Has Been A Long Year — See Also

TRUMP LOSES AGAIN IN COURT: But the dissent tells you how the Republicans plan to save him. WHITE HOUSE COUNSEL SLAMMED BY FORMER CLASSMATES: This usually only happens to Jones Day lawyers, but Pat Cipollone comes from Chicago Law by way of Kirkland. HERE'S SOME MORE DUNKING ON CIPOLLONE: Noted liberal cuck... Ilya Somin, can't even defend the guy. GET WHILE THE GETTING IS GOOD: Biglaw firm founder retires amid misconduct investigation. IN SPORTS NEWS: I do wonder if China will let us play b...
Tags: Law, White House, China, Chicago, Kirkland, Ilya Somin, See Also, Pat Cipollone


Environment roundup

In Knick v. Township of Scott, the Supreme Court overturned a precedent that made it hard for property owners to get justice in takings cases. Ilya Somin analyzes the outcome in the new Cato Supreme Court Review [more, earlier] But who will build the roads? “U.S. Should Adopt the Nordic Approach to Private Roads” [ ] One of the defining regulatory controversies of the past two years has been over the effort to reverse the Obama administration’s 2015 Waters of the United States (WOTUS) rule ...
Tags: Law, Obama, Africa, Environment, Uncategorized, United States, Endangered Species, UCSF, CALEB BROWN, Adler, Knick, Ilya Somin, Eminent Domain, Catherine Semcer, Peter Van Doren, Roads And Streets


Great Advice for 1Ls (& 2L & 3Ls)

Via Flicker. Some rights reserved. Prof. Ilya Somin of George Mason (not, certs, one of my ideological bedfellows), has some really good advice for law students. I trust he will forgive me if I do something I almost never do and quote almost all of it: 1. Think carefully about what kind of law you want to practice. Law is a profession with relatively high income and social status. Yet studies repeatedly show that many lawyers are deeply unhappy, a higher percentage than in most other profession...
Tags: Law, George Mason, Ilya Somin


Higher education roundup

Harvard lawprof Ronald Sullivan Jr. driven from post as faculty dean of a residential house at the university after student protests of his representation of Harvey Weinstein [Jeannie Suk Gersen, New Yorker; Dianna Bell, WBUR; and for a different perspective Tyler Cowen] Stuart Taylor, Jr. has some questions about Harvard’s investigation, on charges of sexual misconduct, of noted economist Roland G. Fryer Jr. [Real Clear Investigations] 30 protesters rush the stage, ending Harvard President La...
Tags: Maryland, Law, Uncategorized, Sports, Harvard, Yale, Harvey Weinstein, Tyler Cowen, Yale Law School, Sex Discrimination, Ilya Somin, Colleges and Universities, Keith Whittington, Stuart Taylor Jr, Racial Preferences, Robby Soave Reason


May 22 roundup

My comment on the House-passed H.R. 5: “Proposed Equality Act would 1) massively expand federal liability in areas unrelated to sex, gender, or orientation; 2) turn 1000s of routine customer gripes into federal public-accommodations cases; 3) squeeze conscience exemptions hard. All are good reasons to oppose.” More: Scott Shackford, Elizabeth Nolan Brown, Hans Bader, and earlier here and here; America is not in a constitutional crisis: “Politicians have become incentivized to declare constit...
Tags: Photography, Texas, Maryland, Law, Uncategorized, Alabama, America, Transgender, House, Vox, Constitutional Law, Sexual Orientation, Timothy Geigner, Cato Institute, Jonathan Adler, Ilya Somin


Environment roundup

EPA confirms the view of its peer agencies around the world: glyphosate weed killer, found in Roundup, is not a carcinogen [Tom Polansek, Reuters, earlier, more] Mayor Bulldozer? Critical look at Pete Buttigieg’s push to tear down hundreds of vacant dilapidated South Bend homes and fine the owners [Henry Gomez, BuzzFeed; see also Chris Sikich, Indianapolis Star] “Why Trump should call off the EPA’s latest assault on NYC” [Nicole Gelinas, New York Post; $3 billion to revamp and cover over a ...
Tags: Supreme Court, Law, NYC, Environment, Uncategorized, Pennsylvania, United States, New Jersey, Epa, Cambridge University, Environmental Protection Agency, Trump, Jonathan Adler, Yonkers, Eric Boehm, Ilya Somin


Non Sequiturs: 04.28.19

* Adam Feldman poses -- and answers -- an interesting question: are particular justices more or less partial to certain lawyers' or law firms' positions? [Empirical SCOTUS] * Speaking of the federal judiciary, Carrie Severino offers this helpful scorecard of President Donald Trump's track record on judicial appointments -- which underscores, as she notes, the importance of the 2020 elections. [Bench Memos / National Review] * And speaking of President Trump, Joshua Matz and Laurence Tribe have...
Tags: Supreme Court, Law, Scotus, Copyright, Fair Use, Donald Trump, Copyright Law, Fourth Circuit, Institute for Justice, Adam Feldman, Laurence Tribe, Westlaw, Brammer, Bryan Cave, Ilya Somin, Non-Sequiturs


“The Terrible Toll of the Kidney Shortage”

“Many Americans die every year because they need kidney transplants, in large part due to federal laws banning organ sales. …an average of over 30,000 Americans have died each year, because the ban prevented them from getting transplants in time.” [Ilya Somin; Frank McCormick, Philip J. Held, and Glenn M. Chertow, Journal of the American Society of Nephrology] More: Michael Huemer (“I don’t know what ‘commodification’ is or why anyone should care about it. But it would have to be incredibly terr...
Tags: Law, Medical, Uncategorized, Glenn, Michael Huemer, Ilya Somin, Frank McCormick Philip J Held, Emily Largent Petrie Flom Bill, Ike Brannon Cato Regulation


Non Sequiturs: 04.07.19

* Where does Justice Brett Kavanaugh fit along the ideological spectrum at the Supreme Court? Adam Feldman evaluates the evidence thus far. [Empirical SCOTUS] * Speaking of SCOTUS, Frank Pasquale takes Neal Devins and Lawrence Baum's new book, The Company They Keep: How Partisan Divisions Came to the Supreme Court (affiliate link), as a jumping-off point for exploring the political polarization of SCOTUS. [Balkinization] * Texas v. Azar, the Obamacare case now pending before the Fifth Circuit,...
Tags: Texas, Technology, Supreme Court, Law, Scotus, Obamacare, America, David Bernstein, Legal Technology, Wolters Kluwer, Cohen, Pennsylvania Supreme Court, Fifth Circuit, Adam Feldman, Jonathan Adler, Grady


Adding seats to the Supreme Court

Several Democratic candidates for President say they’re interested in adding seats to the U.S. Supreme Court, while others decline to rule out the idea. As historians point out, the number of seats on the Court did fluctuate over part of American history, with four changes between 1807 and 1869. On the other hand, points out Dan McLaughlin, “Directly related to that, we had a Civil War triggered in good part by the Supreme Court’s Dred Scott decision. Let’s not do that again.” [@baseballcrank Tw...
Tags: Supreme Court, Law, Court, Uncategorized, Scott, U S Supreme Court, Dan McLaughlin, Ilya Somin


Timbs v. Indiana: state forfeiture can violate Excessive Fines Clause

A unanimous Supreme Court ruling in Timbs v. Indiana confirms that state governments, like their federal counterpart, may not impose excessive fines. The ruling also holds that “at least some state civil asset forfeitures” violate the Excessive Fines Clause. “As a result, the ruling could help curb abusive asset forfeitures, which enable law enforcement agencies to seize property that they suspect might have been used in a crime – including in many cases where the owner has never been convicted ...
Tags: Supreme Court, Law, Uncategorized, Indiana, Constitutional Law, ABA Journal, Josh Blackman, Clarence Thomas, Gorsuch, Ilya Somin, Forfeiture, Ilya Shapiro, Neil Gorsuch, Timbs


February 20 roundup

Get me Civics, and make it an emergency: West Virginia legislature “moves to withhold judicial retirement benefits until state supreme court overturns a ruling” [Gavel to Gavel] Do threats to publish intimate pictures of Jeff Bezos fall under provisions of criminal blackmail law? [Eugene Volokh] Manuel Reyes, head of the Puerto Rico Food Marketing, Industry and Distribution Chamber, argues that policy shifts have heightened the costs of the Jones Act [Cato Daily Podcast with Caleb Brown, ea...
Tags: Taxes, Law, Uncategorized, West Virginia, Judges, Jeff Bezos, Oklahoma, CALEB BROWN, Eugene Volokh, Ilya Somin, Ilya Shapiro, Taxis And Ridesharing, Voter Fraud, Gavel, Ryan Bourne, Manuel Reyes