Please read Yair Rosenberg’s article on the legal blog known as “The Volokh Conspiracy”

I urge consumers of this insignificant backwater law blog to read Yair Rosenberg,The Volokh Conspiracy Is Out To Get You—And Everyone in America [–] Run by a Soviet Jewish legal scholar, the blog took on the ACA and is now hosted by the ‘Washington Post,’ Tablet Magazine (April 3, 2014 12:00 AM).  In my estimation, the article conclusively shows why competently authored legal blogs can make contributions to the understanding and development of the law which equal or exceed that of older forms of legal scholarship like law reviews. Besides, the article is a captivating piece on a polymath, Professor Eugene Volokh, and the brilliant band with whom he conspires.




3 responses

  1. Dropped this one onto the WaPo under one of my pen names: “dickcheneysheart” Couldn’t resist borrowing RGK’s “monarchs” line.

    From the Tablet article:

    Having grown up in families that experienced firsthand the oppressive potential of untrammeled state power, these individuals naturally gravitated toward libertarianism, with its deep-rooted suspicion of government overreach. “Those of us who share that story share the same reason for why we became libertarian,” explained Sasha Volokh, now an associate professor at Emory Law School.

    Moi, aussi.

    For the life of me, I cannot discern a salient difference between the old Soviet Union–where the State, as monarch, wielded an absolute dictatorial power over individuals, and “equal justice under law” is reduced to a slogan–and the former United States of america, where black-robed agents of the State regard themselves as “monarchs” and “Platonic Guardians” and wield an absolute dictatorial power over individuals, and “equal justice under law” is relegated to a frieze above the Supreme Court building.

    Where law is uncertain, partial, or arbitrary; where justice is not impartially administered to all; where property is insecure, and the person is liable to insult and violence, without redress by law, the people are not free, whatever may be their form of government.

    —Justice Samuel Chase

    Untrammeled state power is everywhere. There is nowhere to run from it.

    We’ll see if The Kagan (who says she reads it) recognizes that she resembles that remark.

  2. [T]hough the blog was unabashedly of the right, its politics were—and are—not so much partisan as ideologically committed to a general philosophy of libertarianism, which emphasizes individual rights and a profound skepticism of state power.

    This about a man who emigrated from an oppressive province of the USSR and then had California-ism for contrast.


    Volokh Conspiracy is one of three or four blogs of this nature that this poor, dumb Texan reads more or less regularly. Sorry to see him move to the Post, though, but I hope it pans out the way he hopes.

    Eric Hines

  3. E,

    For me, I like the idea that legal blogging can have a greater impact on the lives of our citizens by virtue of the platform provided by the Post. That is exciting.

    All the best.


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