Volokh Conspiracy
Legal analysis and commentary blog covering constitutional law, free speech, and legal policy.
Articles from Volokh Conspiracy
Global Executions Reach 44-Year High, Amnesty Cites Iran and Saudi Surge
Amnesty International reports a 44-year high in global executions for 2025, driven by spikes in Iran and Saudi Arabia. Legal professionals face renewed scrutiny of capital punishment trends.
Debate Grows Over Enforceable Rights for Murder Victims in Court
A new law review argues for representatives to assert rights for murder victims, fueling debate over expanding victim advocacy and criminal justice reform across U.S. courts.
Court Rebuke Highlights Risks of Relying on AI like Claude for Legal Briefs
A recent court opinion criticized a lawyer for using Claude AI to draft a brief containing factual errors, spotlighting legal and ethical risks in AI adoption.
Divergent Suppression Rulings Spotlight Federal-State Contrasts in Mangione Case
Analysis of why state and federal courts reached different outcomes on suppression motions in the Mangione case, highlighting key divergences in criminal procedure.
Supreme Court Lets Lower Courts Resist Dobbs, Bruen, and SFFA Rulings
Lower courts are pushing back on Supreme Court decisions—Dobbs, Bruen, SFFA—while justices increasingly decline to enforce their own precedents, affecting litigation strategy.
NC Man Pleads Guilty to Doxxing Supreme Court Justice Online
Kyle Andrews Edwards pleaded guilty to doxxing a U.S. Supreme Court Justice with intent to threaten or incite violence, spotlighting security concerns for the federal judiciary.
Supreme Court Keeps Mifepristone Access Until May 14, 2026 During Appeal
The Supreme Court extended nationwide access to abortion pill mifepristone until May 14, 2026, maintaining current prescribing rules while legal challenges proceed.
Lawyer Fined $5K for AI-Fueled Mis-Citations in My Pillow Libel Case
A federal court has fined an attorney $5,000 for repeated mis-citations involving AI-generated content in the high-profile Coomer v. Lindell election-related libel suit.
Federal Judge Sanctions Lawyer for Citing AI-Generated Hallucinations
A federal court sanctioned an attorney for filing legal briefs with AI-generated hallucinations, setting a precedent on AI risks and attorney responsibility in legal practice.
Appeals Court Reinstates FDA Restrictions on Abortion Pill Access
A federal appeals court reinstated FDA rules requiring in-person dispensing of mifepristone, blocking telehealth prescriptions and mail delivery for abortion medication nationwide.
Jury Awards $800K Over 'Israeli Spy' Claims in Hunter Biden Laptop Story
A U.S. federal jury awarded $800,000 to Yaacov Apelbaum and XRVision after defamatory 'Israeli spy' allegations tied to Hunter Biden. Here’s why it matters for in-house legal teams.
D.C. Circuit Revives Pentagon Journalist Escort Rule During Appeal
A D.C. Circuit panel reinstates the Pentagon’s journalist escort policy amid appeal, raising stakes for legal counsel managing media access and compliance.
Roundup Preemption Fight Takes New Turn After Loper Bright Ruling
A novel legal approach emerges in the Roundup litigation as courts grapple with federal preemption following the Supreme Court's decision ending Chevron deference.
Manhattan Judge Denies Comedy Club's Bid to Block Allegation Posts
A Manhattan judge denied an injunction to stop social media claims of assault and discrimination at Rodney's Comedy Club, reinforcing strong First Amendment protections.
Maine Governor Vetoes Bill on Automatic Criminal Record Sealing
Governor Janet Mills vetoed L.D. 1911, halting Maine’s proposed automatic sealing of some criminal records and underscoring policy and legal concerns that matter for reform advocates.
AI-Generated Legal Scholarship Poses Authorship and Reliability Challenges
As AI tools enter legal scholarship, questions over authorship, reliability, and copyright protection are raising ethical and practical concerns for academics and publishers.
UCLA Law Protest Disrupts DHS Counsel Talk, Spotlights Campus Speech Policies
A protest disrupted the DHS General Counsel event at UCLA Law, raising urgent legal and compliance questions about managing campus free speech and controversial speakers.
Sullivan & Cromwell Apologizes for AI Hallucinations in Court Filing
Sullivan & Cromwell's court filing with AI-generated false citations spotlights rising risks and ethical concerns as more law firms adopt generative AI tools for legal work.
Elizabeth Prelogar Argues SCOTUS Case Without Signing Briefs
Elizabeth Prelogar, ex-Solicitor General, made a rare Supreme Court appearance to argue T.M. v. University of Maryland Medical System Corp. without signing any briefs.
Lawyers Remain Liable for AI-Assisted Work, Experts Warn
Legal experts stress that attorneys must maintain competence and oversight when using AI tools like ChatGPT, as malpractice and ethical risks persist.