The Volokh Conspiracy: Washington Post editorial calls for universities to ‘make crystal clear that racist … speech [is] off-limits’

Is the proposed ‘border adjustment’ tax unconstitutional?

Tax law professor Erik Jensen has serious questions about Ted Olson’s argument that it is.

By Jonathan H. Adler • Read more »

Comparing Australian and American federal jurisprudence

Despite important similarities between the Australian and U.S. constitutions, the influence of differences in politics, history, and context is evident in judicial interpretation. Australia’s High Court, for example, has rejected Baker v. Carr “one person, one vote reasoning” and has no entanglement doctrine in its religious establishment jurisprudence.

By Nicholas Aroney and John Kincaid • Read more »

How a former Sony chairman erased an article based on his Sony hack e-mails

“Sony’s former chairman [Michael Lynton] has in recent weeks taken advantage of the troubles that have befallen Gawker in the wake of Hulk Hogan’s stunning $140 million judgment to have an unflattering story about his family quietly wiped from the site’s archives.”

By Eugene Volokh • Read more »