Volokh Conspiracy
Legal analysis and commentary blog covering constitutional law, free speech, and legal policy.
Articles from Volokh Conspiracy
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.
Supreme Court Weighs Review of Section 230 in Twitter CSAM Case
A Supreme Court cert petition challenges Section 230 immunity for Twitter’s handling of child sexual abuse materials, with briefing completed and broad legal impacts at stake.
Roberts' Supreme Court Style: Power in the Majority, Unity in Uncertainty
A new profile highlights Chief Justice John Roberts' approach to leadership, unity, and key opinions, offering legal pros insight into Supreme Court strategy and pending case outlook.
Supreme Court Leak Reveals 2016 Clean Power Plan Deliberations
A new leak of Supreme Court memos exposes justices' concerns over the 2016 Clean Power Plan stay, raising questions on Court confidentiality and regulatory precedent.
Federal Judge: Trump Admin Violated First Amendment in ICE App Removals
A federal judge ruled the Trump administration infringed First Amendment protections by pressuring tech giants to remove ICE-tracking digital platforms, impacting free speech rights.
Roberts Led Supreme Court’s Fast-Track Halt of Clean Power Plan
Leaked memos show Chief Justice Roberts pushed the Supreme Court to swiftly block the EPA's Clean Power Plan via the shadow docket, reshaping emergency regulatory review.
Court Sanctions Pro Se Litigant $5K for Using AI-Generated Fake Citations
A federal judge fined a self-represented party $5,000 for repeatedly submitting filings with AI-fabricated legal citations, signaling new risks for AI use in the courtroom.
California Judge Blocks ChatGPT User Over Stalking Allegations
A California court ordered OpenAI to suspend a user’s ChatGPT access after stalking claims, raising new legal questions for AI companies about user misuse and moderation.
DC Court Denies Anonymity in Case Against Iranian Guard Corps
A DC federal court denied a plaintiff's request for anonymized litigation against Iran's Revolutionary Guard, stressing public interest in open proceedings. Opinion issued April 13, 2026.
Court Considers Blocking ChatGPT User After Harassment Lawsuit Targets OpenAI
A California court may force OpenAI to restrict ChatGPT use after harassment claims, spotlighting legal obligations around AI safety and company liability.
Fifth Circuit Tosses 158-Year Federal Ban on Home Distilleries
The Fifth Circuit invalidated a 158-year-old federal ban on home alcohol distilling, citing limits on Congress’ taxation powers—a decision with broader regulatory implications.
U.S. Seeks Rehearing on D.C. Gun Magazine Law's Constitutionality
The U.S. government urges a rehearing on D.C.'s gun magazine ban, challenging its constitutionality under Second Amendment rights.