Articles & Essays

Newspaper Articles and Commentary

  • Striking Language from the Trump Administration's Complaint in United States v. John Bolton, Volokh Conspiracy ()
  • Coronavirus Recovery Act Exempts the Fed From the Government in the Sunshine Act. Woohoo! (Really), Volokh Conspiracy ()
  • Come for the Judicial Opinion, Stay for the "Additional Views", Volokh Conspiracy ()
  • Judge Sentelle Smacks Down the Trump Administration, Volokh Conspiracy ()
  • Forced to Choose? Picking a Playoff Opponent, Volokh Conspiracy ()
  • @RealDonaldTrump and Twitter: Public Forums and Private Architecture, Volokh Conspiracy ()
  • What Is the ‘Do No Harm’ Position on the First Amendment in Cyberspace?, Volokh Conspiracy ()
  • Choosing Which Cable Channels to Provide Is Speech, but Offering Internet Access Is Not, Volokh Conspiracy ()
  • President Trump's Executive Order on Regulatory Costs Imperils the Rest of His Regulatory Agenda, Washington Post ()
  • D.C. Circuit Buries Supreme Court Precedent, Washington Post ()
  • Providing Internet Access Isn't Speech, Washington Post ()
  • Yes, Donald Trump Can Announce Whom He Would Appoint, Washington Post ()
  • The Opinions Justice Scalia Joined will Start Being Treated Worse, Even if He is Replaced by a Like-Minded Justice, Washington Post ()
  • Why Would a Trial Judge Make His Bias so Clear?, Washington Post ()
  • What Does Congress Mean by "Methodology"?, Washington Post ()
  • Q: "Do You Know of Any Case in Which We Have Halted a Proposed Rulemaking?" A: "I Do Not, Your Honor.", Washington Post ()
  • FCC Net Neutrality Order -- Quick Turnaround for an Agency, Slow for Internet Time, Washington Post ()
  • What was the Coalition to Defend Affirmative Action Thinking?, Washington Post ()
  • If an Algorithm Generated this Post, is it First Amendment Speech?, Washington Post ()
  • On Net Neutrality, the FCC Says it has Heard Enough From the Courts, For Now, Washington Post ()
  • Calling FCC Authority a "Loophole" Assumes the Conclusion, Washington Post ()
Stuart M. Benjamin portrait