Open Thread

🔮 The Volokh Conspiracy Mostly law professors | Sometimes contrarian | Often libertarian | Always independent New from Reason: a look into what Javier Milei has accomplished and what it will take to make the most of Argentina’s window for real change.

🔮 The Volokh Conspiracy Mostly law professors | Sometimes contrarian | Often libertarian | Always independent New from Reason: a look into what Javier Milei has accomplished and what it will take to make the most of Argentina’s window for real change.

🔮 The original TRO—the one actually issued on July 20, 2025—named as plaintiffs eleven individuals and organizations who had never been party to the case; named as defendants two officials who were not actually sued; claimed, without evidence, that three post-secondary institutions had already cancelled DEI initiatives or programming because of the act; further declared, again without evidence, that staff at another school had been told not to discuss certain topics, including "historical interpretations involving systemic racism"; misquoted H.B. 1193 as applying to "race or sex stereotyping," "race or sex scapegoating," "critical race theory," and "institutional bias," despite none of these terms' appearing in the act's text; and referenced purported declarations of four individuals who do not appear in the record at all and may not even exist….

🔮 Critics fear that the Department of Justice's antitrust division will overlook mergers when it is convenient for the administration.

🔮 Body armor may be used more today than Defendants' understanding of its use in 1791.

🔮 Readers might want to know: How often do civilians use guns to help stop shooters who pose ongoing threats to multiple people?

🔮 The reality is that our en banc court is often unable or unwilling to fix things at odds with Supreme Court precedent.

🔮 Mostly law professors | Sometimes contrarian | Often libertarian | Always independent From a press release last month, just posted on Westlaw: N.C. Detective Agency, a Durham-based security company, will pay $65,231 in compensatory damages and back pay, and take other corrective actions to voluntarily resolve a religious discrimination investigation by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today.

🔮 During a discussion in 2016 concerning whether Sabatini would endorse Knouse's application for an upcoming fellowship at Whitehead, Sabatini expressed concern that Knouse took herself too seriously and asked Knouse whether she ever had "fun," "fuck[ed] around," or had sex.

🔮 Some colorful lawyer wisdom (see, e.g., Dunn v. U.S.(5th Cir. 1962)); I found versions of this in newspapers going back to 1931, though it may have been a familiar phrase even then.