Volokh Conspiracy
Legal analysis and commentary blog covering constitutional law, free speech, and legal policy.
Articles from Volokh Conspiracy
Analysis: Trump’s Section 301 Tariffs Face Legal and Trade Challenges
New analysis challenges the legality and policy of Trump administration’s Section 301 tariffs, raising constitutional and trade law concerns.
Third Circuit Invalidates New Jersey’s Semiauto Rifle, Magazine Bans
On July 17, 2026, the Third Circuit struck down New Jersey's bans on semiautomatic rifles and high-capacity magazines, challenging state firearm laws.
Judge: Copying Expert Reports in Multiple Cases May Violate Copyright
A July 2026 ruling confirms law firms must secure rights before reusing expert reports filed publicly to avoid copyright issues.
Fired U.S. Attorney Sues to Overturn Morrison v. Olson Protections
Roger Rogoff, dismissed after 54 minutes as U.S. Attorney, sues Trump administration challenging Morrison v. Olson precedent on federal prosecutor protections.
Second Circuit Revives Prenatal Acetaminophen Claims, Limits Expert Exclusions
The Second Circuit's 2026 ruling reinstates failure-to-warn claims in prenatal Tylenol exposure cases, shaping expert testimony standards in product liability.
Hawaii Supreme Court's 'Aloha Spirit' Clashes with Second Amendment
Hawaii Supreme Court invoked the 'Aloha Spirit' to limit gun rights, but the U.S. Supreme Court ruled it violates the Second Amendment.
Trump Threatens Tariffs on Canada Over Wildfires, Raising Trade Concerns
Trump threatens tariffs on Canada citing wildfire impact, but legal experts say such action likely violates USMCA and WTO rules, escalating trade tensions.
Judge Blocks South Dakota Ban on Abortion Information Ads
A federal judge halts South Dakota's law banning abortion pill ad info, safeguarding First Amendment rights amid state abortion restrictions.
Judge Criticizes DOJ Lawyer for AI-Hallucinated Fake Case Citation
Judge Hala Jarbou faulted DOJ counsel for citing a non-existent case likely generated by AI in immigration litigation.
Federal Court Upholds Trans-Inclusive Bathroom Policy in Illinois School
A federal court dismissed constitutional challenges to a transgender bathroom policy in an Illinois school, affirming rights protections.
Illinois Court Sends Political Defamation Case to Jury Over Actual Malice
Illinois appellate court allows a defamation case between political rivals to proceed to jury on actual malice, shaping standards for political speech cases.
California court says lawyers must verify AI-generated briefs themselves
California Court of Appeal rules attorneys—not paralegals—are responsible for checking AI-generated legal briefs for accuracy and ethics.
Florida Lawyer Sabatini Slammed for AI Hallucinations in Court Briefs
Florida attorney Anthony F. Sabatini criticized for submitting legal briefs with AI-generated fake citations, highlighting risks of unverified AI use in law.
Illinois Court: Emotional Distress Means More Than $1 in Defamation Cases
Illinois appellate court rules nominal damages insufficient when emotional distress evidence exists in defamation per se cases, refining legal standards for damages.
Federal Judge Upholds Salvation Army’s Methadone Ban in Rehab Centers
A federal judge ruled the Salvation Army can lawfully prohibit methadone in its rehab centers, highlighting First Amendment protections for faith-based organizations.
D.C. Circuit Denies Stay to Restore Trump’s Name at Kennedy Center
Appeals court rejects Kennedy Center’s bid to pause removal of Trump’s name, enforcing earlier ruling amid legal dispute.
Eleventh Circuit Strikes Down Florida's 'Stop W.O.K.E. Act' Speech Limits
Eleventh Circuit rules Florida's 2022 Stop W.O.K.E. Act unconstitutional for restricting university professors' speech on race and gender.
Bakersfield College Settles DEI Enforcement Dispute with Professor
Bakersfield College settles with Professor Daymon Johnson, halting DEI enforcement and paying $150K in legal fees, setting a legal precedent in California.
Judge Allows Trump’s $15B Libel Suit vs. NY Times, Penguin to Proceed in Florida
U.S. District Judge rules Trump’s $15 billion defamation case against NY Times and Penguin Random House will proceed in Florida, shaping venue strategies in major libel cases.
Georgia Appeals Court Dismisses Libel Suit Over ICE Hysterectomy Broadcast
Georgia appeals court rejects Dr. Amin's defamation claim against Sinclair over ICE detainee hysterectomy report, highlighting media ID requirements.