Tag Archive: Volokh Conspiracy


Self-Defense Is A Constitutional Right

 

 

 

 

 

 

” So holds State v. Hull (Wash. Ct. App. Dec. 18, 2014) (nonprecedential), in an interesting and pretty detailed opinion.

  Generally speaking, courts rarely have to decide whether there is a constitutional right to self-defense, since all states generally recognize a statutory or common-law right to use force against another person in self-defense. And while there are constraints on this right — e.g., you can’t use deadly force against a relatively minor attack, some states bar deadly force when there is a completely safe avenue of retreat available, and so on — a constitutional right to self-defense is unlikely to be absolute. Traditionally accepted limitations on self-defense are likely to be seen as limiting any such constitutional right as well.

  But sometimes self-defense law contains substantial gaps (perhaps unintended by the legislature). One such gap is that many state penal codes — including, apparently, in Washington — expressly provide for self-defense only against people and not against animals. And in State v. Hullthe prosecution actually argued that “Self-defense is a defense to the use of force against a person, not an animal,” so Hull “was not entitled to a self-defense instruction.” “The language of the Washington Pattern Instruction 17.02,” the prosecution argued, “is … clearly limited to lawful ‘force upon or toward the person of another.’ Simply put, a dog is not a ‘person’ as contemplated by either the statute or the pattern instruction,” so when someone is tried for injuring a dog, the jury isn’t supposed to consider whether he acted in self-defense.

  That can’t be right, and the Washington Court of Appeals said it wasn’t right. Indeed, the court said, there is a constitutional right to self-defense, for three related reasons (reason 1 got the votes of all three judges, and reason 3 and possibly reason 2 got only two votes): “

 

Eugene Volokh has more

 

 

 

 

 

 

 

 

 

A Conspiracy Against Obamacare

 

 

 

 

” Last week, A Conspiracy Against Obamacare: The Volokh Conspiracy and the Health Care Case was released, of which I am proud to be the editor. The book compiles the discussions and debates about the Affordable Care Act that occurred on the legal blog the Volokh Conspiracy, supplemented with new material. The posts are stitched together into a narrative structure. As a result, you can see the constitutional arguments against the Affordable Care Act develop in real time, from before the law was passed all the way to the Supreme Court.”

 

   The contributing author’s roster in a virtual who’s who of the libertarian legal movement and as such this book is destined to become a classic in the history of the fight against Statism.

” The contributors are Randy E. BarnettJonathan H. AdlerDavid E. BernsteinOrin S. Kerr,David B. Kopel, and Ilya Somin, most of whom are closely associated with Cato in one way or another.”

Buy it … Read it .

  With all eyes on SCOTUS today we’ve deliberately remained silent . Not without opinion , but out of deference to the multitude of bloggers with legal backgrounds that can offer the public their expertise .

    We are from the business world and as such can offer only common sense and a historical kind of sense as to our understanding of the Constitution , the Founders and their ideas of liberty .

  That being said , our initial reaction to the Roberts Court’s finding was a feeling of being sold down the river . We are sorry to say that this post at Volokh Conspiracy merely serves to amplify the feeling that Roberts caved to media/political pressure .

   Tax , Commerce , who cares what you call it ? A Mandate is a Mandate . Where does that fact that the citizens can be forced to BUY something fit into the concept of individual liberty ?

” Scalia’s dissent, at least on first quick perusal, reads like it was originally written as a majority opinion “

  Here I sit , having posted briefly on the ” significance ” of World Worker’s Day , aka May Day , and I really missed the most important reason to highlight it . Through another earlier post I had become temporarily fixated on Presidential character as presented by their own words . Taking a break from quotation hunting , I ventured into my collection of reads and low and behold was shown the way . So today’s posts featuring the character of  some of our great leaders will suffer from a slight delay in favor of the more timely subject of the character of a form of government much admired by our friends across the aisle . Yes indeed , I refer to the great Socialist experiment that May Day has come to celebrate . 

   Through the wisdom of the Volokh Conspiracy I now recognize where the proper emphasis of today’s editorializing should lie . Stay Tuned