When it's an "antique firearm," apparently. Eugene Volokh links to a story (above) in which this fact is relevant. He notes: 18 U.S.C. §§ 921-922, which ban felons from possessing firearms, define[s] "firearm" to exclude any "antique firearm," which is to say "any firearm ... manufactured in or before 1898." I mentioned a few weeks ago a case in ( Read more... )

There is something utterly hilarious about an 88-year old Supreme Court Justice making the argument that "the F-word, in some formulations, can be very funny." Four years ago, the FCC decided to start cracking down on offensive language on broadcast television. Broadcasters sued to prevent them doing so, and the Supreme Court heard oral arguments ( Read more... )

I think it was last year or the year before that there was a big to-do about Florida passing a "stand your ground" law: in the majority of states, if you were not the aggressor, you can use deadly force to repel an assailant, even if you could safely have retreated. It's an issue that is more hotly contested than one might expect, and in a ( Read more... )

I have always opposed a drinking age of 21. It's stupid that at 18, one can own property, vote, serve in the military, and enter into binding contracts, but one cannot have a glass of wine in one's own home. It is absolutely a good idea for the drinking age to be the same across all states: kids driving across state lines to get alcohol is a Bad ( Read more... )

Turns out, that's not always the case. In most states, it is a crime for a person convicted of a felony to possess a firearm, and I've yet to hear a rational argument that this sort of law is a violation of the Second Amendment right to bear arms. The recent Supreme Court case, D.C. v. Heller, affirmed that the Second Amendment does indeed confer ( Read more... )

Today is the first day of the Bar Exam for most of the country, including California. Above the Law informs us that a 5.8 earthquake hit California today, more or less next door to the testing center. The California bar is hard enough without having to take it while the room is shaking!

Via Overlawyered, it seems CSPI is taking on Anheuser-Busch and Miller, which are engaged in the "reprehensible practice ... [of] spiking malt beverages with stimulants flavoring them in a way that attracts young drinkers." My favorite bit:

These companies are intentionally flavoring these drinks to make them attractive to very young drinkers. ( Read more... )

Unfortunately, the Ted Stevens Olympic and Amateur Sports Act of 1998 gave the U.S. Olympic Committee exclusive commercial control of the word "Olympic." There's an exception for businesses located on the Olympic Peninsula, but only in Washington west of the Cascade mountains. So now the USOC is trying to bully the Olympic Cellars Winery into ( Read more... )

Via Quizlaw, Dahlia Lithwick reviews yesterday's oral arguments in the lethal injection case. Needless to say, Justice Scalia was unimpressed with the argument that no one should feel pain while being executed (see above). The other major problem with this case is that it hinges on the drugs being administered improperly:
[T]he first drug in the ( Read more... )

Because if he is, he's making a great start of it. First, about a week ago, I hear he's interviewed author Patrick Rothfuss on the topic. Now, also via Ilya Somin, he's posted an interview with George R.R. Martin on the same topic. I haven't read it yet, but since the last one was a bit on the long side, and this is an author many of my friends ( Read more... )