The Volokh Conspiracy Explained

The Volokh Conspiracy
Type:Legal blog
Language:English
Author:Eugene Volokh
Parent:Reason magazine
Registration:None

The Volokh Conspiracy [1] [2] is a legal blog co-founded in 2002 by law professor Eugene Volokh, covering legal and political issues from an ideological orientation it describes as "generally libertarian, conservative, centrist, or some mixture of these."[3] It is one of the most widely read and cited legal blogs in the United States. The blog is written by legal scholars and provides discussion on complex court decisions.

In January 2014, The Volokh Conspiracy migrated to The Washington Post,[4] with Volokh retaining full editorial control over its content.[5] After June 2014, the blog was behind a paywall.[4] In 2017, the blog moved to Reason. Volokh cited his principal reason for the move was to “be freely available to the broadest range of readers” and to have more editorial independence.[6] [7]

Background

The Volokh Conspiracy was founded in April 2002 by Eugene Volokh, a First Amendment expert and Soviet Jewish refugee. After being offered a guest-blogging gig on InstaPundit, Volokh decided to start his own blog in order to quickly disseminate his views in real time to a popular audience. Volokh, a professional computer programmer, built the site himself and invited his brother, Sasha, then a graduate student, to join him. The blog was initially called The Volokh Brothers and then changed to The Volokh Conspiracy, in reference to Hillary Clinton's claim of a "vast right-wing conspiracy."[8] Volokh recruited other contributors through a "closely guarded selection process."[9]

The blog is written by legal scholars[10] and provides discussion on complex court decisions.[11]

Affordable Care Act

The Volokh Conspiracy, among other blogs, played an important role in influencing the view of Americans against the Patient Protection and Affordable Care Act (ACA).[12] Many of The Volokh Conspiracy's postings were picked up by journalists and integrated into traditional media outlets. Subsequently, The Volokh Conspiracy impacted the questioning and opinions of judges and Supreme Court justices.[13] Law professor Andrew Koppelman wrote that the blog was the "most important incubator" for constitutional challenges to the ACA.[14]

According to legal scholar Dick Howard, The Volokh Conspiracy "provided a forum for conservative legal scholars to develop arguments against the individual mandate, helping to break down the perception of expert consensus on the constitutional issues in play."[15] [16] Additionally, authors of the blog were influential behind the National Federation of Independent Businesses v. Sebelius case where they were invited to submit an amicus brief which would be later referenced by Justice Antonin Scalia at oral argument. The blog was the originator of the "broccoli horrible" argument against the ACA.[17] [18]

Some contributors of the blog—including Randy Barnett, Jonathan Adler, David Bernstein, Orin Kerr, David Kopel, and Ilya Somin—wrote about their experiences challenging the ACA in a book titled A Conspiracy Against Obamacare: The Volokh Conspiracy and the Affordable Care Act (2014). The book details the precursor to the challenges and provides the text of the actual blogs that helped influence legal battles against the ACA. In the foreword of the book, former Solicitor General Paul Clement, the lead attorney who contested the ACA, compared The Volokh Conspiracy to the Federalist Papers and wrote: "[I]f ever a legal blog and a constitutional moment were meant for each other, it was the Volokh Conspiracy and the challenge to the Affordable Care Act."[19] [20]

Reception

The Volokh Conspiracy is one of the most widely read[21] [22] and cited[23] [24] legal blogs in the United States. It receives over 30,000 daily views.[25] The blog's readership consists of scholars and policymakers across the ideological spectrum. The Volokh Conspiracy blog appeared in ABA Journals "Blawg 100 Hall of Fame".[26]

Yale constitutional law professor Jack Balkin, founder of the liberal legal blog Balkinization, stated that The Volokh Conspiracy "discusses law and public policy at a very sophisticated level...It’s an example of how blogging transcends existing categories and expectations."[27] Legal scholar Cass Sunstein wrote that the blog often provides "illuminating criticism" of the Supreme Court and found it filled with "civility, intelligence, and overall high quality," despite occasional group polarization.[28] Lawyer Tom Goldstein, who co-founded SCOTUSblog, asserts that The Volokh Conspiracy "remains the single best place to go for interesting, thought-provoking, high-level thinking on the law."[29]

Adam Liptak, Supreme Court correspondent for the New York Times, wrote that the Volokh Conspiracy "is the most influential law blog with a point of view." Andy Guess of Inside Higher Ed wrote that the blog "probably has more influence in the field – and more direct impact – than most law reviews."

Law professor and blogger Glenn Reynolds lists The Volokh Conspiracy as his favorite legal blog.[30] Justice Elena Kagan is said to be a regular reader of the blog. Fact-checkers like PolitiFact and FactCheck.org have repeatedly cited The Volokh Conspiracy for legal analysis.[31]

Contributors

Over twenty law professors from across the country contribute to The Volokh Conspiracy.[32] Notable contributors, past and present, include:

Articles are often posted by guest law professors who are not among the listed Conspirators.

Further reading

External links

Notes and References

  1. Web site: Pronouncing 'Volokh'. The Volokh Conspiracy. May 27, 2009. July 20, 2016. August 15, 2016. https://web.archive.org/web/20160815032321/http://volokh.com/posts/1243463422.shtml. live.
  2. Web site: I'm finally attacked by name on the floor of the Senate. The Volokh Conspiracy. The Washington Post. Sasha Volokh. July 20, 2016. July 20, 2016. [S]he pauses for a second or two in her notes, carefully considering how to pronounce my last name before settling on [ˈvoʊlɒk] (rhymes with 'bow lock') – I don't object to that pronunciation, even though we use [ˈvɑːlək] (rhymes with 'frolic') and the Russian pronunciation is [ˈvoləx]. July 21, 2016. https://web.archive.org/web/20160721111248/https://www.washingtonpost.com/news/volokh-conspiracy/wp/2016/07/20/im-finally-attacked-by-name-on-the-floor-of-the-senate/. live.
  3. Web site: The Volokh Conspiracy: About. Volokh Conspiracy. September 23, 2014. September 25, 2014. https://web.archive.org/web/20140925202732/http://www.washingtonpost.com/news/volokh-conspiracy/about/. live.
  4. Web site: Mui, Sarah. January 24, 2014. Volokh Conspiracy blog now subject to Washington Post's paywall Can lawyers use dynamic pricing?. January 28, 2014. ABA Journal. November 11, 2020. https://web.archive.org/web/20201111232524/https://www.abajournal.com/news/article/around_the_blawgosphere_volokh_dynamic_pricing_ponzi_schemes_snow_on_cars/. live.
  5. Web site: Eugene Volokh. In Brazil, you can always find the Amazon – in America, the Amazon finds you. washingtonpost.com. January 21, 2014. December 26, 2016. January 19, 2021. https://web.archive.org/web/20210119071303/https://www.washingtonpost.com/news/volokh-conspiracy/wp/2014/01/21/in-brazil-you-can-always-find-the-amazon-in-america-the-amazon-finds-you-2/. live.
  6. Web site: McKenzie. Lindsay. January 18, 2018. How academic blog 'Monkey Cage' became part of the mainstream media. 2022-02-23. Inside Higher Ed. en. February 23, 2022. https://web.archive.org/web/20220223090224/https://www.insidehighered.com/news/2018/01/18/how-academic-blog-monkey-cage-became-part-mainstream-media. live.
  7. Web site: Volokh . Eugene . Our Move to (Paywall-free!) Reason from The Washington Post . December 13, 2017 . The Volokh Conspiracy . December 14, 2017 . https://archive.today/20171213141527/https://reason.com/volokh/2017/12/13/weve-moved-to-reason . December 13, 2017 . live . mdy-all .
  8. News: Rosenberg . Yair . Yair Rosenberg . April 2, 2014 . The Volokh Conspiracy Is Out To Get You . . February 3, 2017 . February 3, 2017 . https://web.archive.org/web/20170203163906/http://www.tabletmag.com/jewish-news-and-politics/168389/the-volokh-conspiracy . live .
  9. Web site: Paul. Pamela. Pamela Paul. 2011-04-15. Big Blog on Campus. 2022-02-19. The New York Times. en-US. February 19, 2022. https://web.archive.org/web/20220219100234/https://www.nytimes.com/2011/04/17/education/edlife/edl-17blog-t.html. live.
  10. Andy Guess, "Blogs and Wikis and 3D, Oh My!", Inside Higher Ed, May 9, 2008.
  11. Book: Gardner, Howard . From Voice to Influence: Understanding Citizenship in a Digital Age . . 2015 . 978-0-226-26243-7 . Light . Jennifer S. . Jennifer S. Light . 249 . en . Reclaiming Disinterestedness For The Digital Era . Howard Gardner . Allen . Danielle . Danielle Allen . https://books.google.com/books?id=ljitCQAAQBAJ&dq=RECLAIMING+DISINTERESTEDNESS+FOR+THE+DIGITAL+ERA&pg=PA232 . March 1, 2022 . January 16, 2023 . https://web.archive.org/web/20230116110234/https://www.google.com/books/edition/From_Voice_to_Influence/ljitCQAAQBAJ?hl=en&gbpv=0 . live .
  12. Web site: Teicholz. Adam. March 28, 2012. Did Bloggers Kill the Health Care Mandate?. December 26, 2016. The Atlantic. March 14, 2021. https://web.archive.org/web/20210314181418/https://www.theatlantic.com/national/archive/2012/03/did-bloggers-kill-the-health-care-mandate/255182/. live.
  13. Feaster . Mark J. . Fall 2016 . Blogging and the political case: the practice and ethics of using social media to shape public opinion in anticipation of high-profile litigation . Georgetown Journal of Legal Ethics . . 29 . 4 . . March 11, 2022 . January 16, 2023 . https://web.archive.org/web/20230116110232/https://galeapps.gale.com/apps/auth?userGroupName=wikipedia&da=true&origURL=https%3A%2F%2Fgo.gale.com%2Fps%2Fretrieve.do%3FtabID%3DT002%26resultListType%3DRESULT_LIST%26searchResultsType%3DSingleTab%26hitCount%3D2%26searchType%3DBasicSearchForm%26currentPosition%3D1%26docId%3DGALE%257CA483930272%26docType%3DArticle%26sort%3DRelevance%26contentSegment%3DZONE-Exclude-FT%26prodId%3DAONE%26pageNum%3D1%26contentSet%3DGALE%257CA483930272%26searchId%3DR2%26userGroupName%3Dwikipedia%26inPS%3Dtrue&prodId=AONE . live .
  14. Book: Koppelman, Andrew. The Tough Luck Constitution and the Assault on Health Care Reform. 2013. Oxford University Press. 978-0-19-997004-9. en. Andrew Koppelman. February 22, 2022. January 16, 2023. https://web.archive.org/web/20230116110229/https://books.google.com/books?id=q5Og0OHrgr8C. live.
  15. Fisher. Jeffrey. Jeff L. Fisher. Larsen. Allison. 2019-12-01. Virtual Briefing at the Supreme Court. Cornell Law Review. 105. 1. 85–136. 0010-8847. February 24, 2022. February 24, 2022. https://web.archive.org/web/20220224111636/https://scholarship.law.cornell.edu/clr/vol105/iss1/3/. live.
  16. Howard. A. E. Dick. A.E. Dick Howard. 2015. The Changing Face of The Supreme Court. Virginia Law Review. 101. 2. 231–316. 24363226. 0042-6601. February 24, 2022. February 24, 2022. https://web.archive.org/web/20220224111632/https://www.jstor.org/stable/24363226. live.
  17. News: Frankel. Alison. 2019-05-30. Supreme Court scholars' new paper sparks debate over influence of blogs, podcasts. en. Reuters. 2022-02-25. February 25, 2022. https://web.archive.org/web/20220225095236/https://www.reuters.com/article/us-otc-briefing-idUSKCN1T02IO. live.
  18. Web site: Levy . Marin K. . 2019-09-04 . Confronting Online Advocacy . 2022-03-01 . . . en-US . 2330-1295 . March 1, 2022 . https://web.archive.org/web/20220301073344/https://courtslaw.jotwell.com/confronting-online-advocacy/ . live .
  19. Web site: Collins. Ronald. Ronald K. L. Collins. 2014-01-30. Book profile: A Conspiracy Against Obamacare – The book based on the blog. 2022-02-23. SCOTUSblog. en-US. February 23, 2022. https://web.archive.org/web/20220223095300/https://www.scotusblog.com/2014/01/book-profile-a-conspiracy-against-obamacare-the-book-based-on-the-blog/. live.
  20. Collins. Ronald K.L.. Ronald K. L. Collins. Edwards. Harry T.. Harry T. Edwards. 2016. On Legal Scholarship: Questions for Judge Harry T. Edwards. Journal of Legal Education. AALS. 65. 3. 637–660. 26177048. 0022-2208. February 23, 2022. February 23, 2022. https://web.archive.org/web/20220223095300/https://www.jstor.org/stable/26177048. live.
  21. Web site: Lerner. Preston. 2015-04-01. Eugene Volokh's Global Influence. 2022-02-19. Los Angeles Magazine. en-US. March 8, 2021. https://web.archive.org/web/20210308054739/https://www.lamag.com/citythinkblog/right-side-law-eugene-volokhs-global-influence/. live.
  22. Book: Lubet, Steven. The Importance of Being Honest: How Lying, Secrecy, and Hypocrisy Collide with Truth in Law. 2008. NYU Press. 978-0-8147-5221-0. 181. en. Steven Lubet. February 22, 2022. January 16, 2023. https://web.archive.org/web/20230116110229/https://books.google.com/books?id=IwYUCgAAQBAJ. live.
  23. Web site: Weiss. Debra Cassens. August 29, 2012. Blogging Law Profs Can Disrupt the Rankings and Increase SSRN Downloads, Analysis Suggests. 2022-02-19. ABA Journal. en. February 19, 2022. https://web.archive.org/web/20220219100244/https://www.abajournal.com/news/article/blogging_law_profs_can_disrupt_the_rankings_and_increase_ssrn_downloads. live.
  24. Book: Hewitt, Hugh. Blog: Understanding the Information Reformation That's Changing Your World. 2006. Thomas Nelson. 978-1-4185-1334-4. 178. en. Hugh Hewitt. February 22, 2022. September 17, 2011. https://web.archive.org/web/20110917150315/http://books.google.com/books?id=lfveI4ppj0sC. live.
  25. Book: Solove, Daniel J. . The Future of Reputation: Gossip, Rumor, and Privacy on the Internet . 2007 . . 978-0-300-13819-1 . 93 . en . Daniel J. Solove . March 11, 2022 . January 16, 2023 . https://web.archive.org/web/20230116110230/https://books.google.com/books?id=42nJLWB0ztYC&q=%22Volokh%22&pg=PA93 . live .
  26. Web site: December 1, 2012 . Introducing Our Inaugural Blawg 100 Hall of Fame . 2022-03-21 . . en . March 21, 2022 . https://web.archive.org/web/20220321081108/https://www.abajournal.com/magazine/article/introducing_our_inaugural_blawg_100_hall_of_fame . live .
  27. Web site: Winter 2007 . Balkin Talks Blogs . Yale Law Report . . 44–45 . February 22, 2022 . February 22, 2022 . https://web.archive.org/web/20220222082448/https://ylr.law.yale.edu/pdfs/v54-1/Win07_Balkin.pdf . live .
  28. Book: Sunstein, Cass R. . Infotopia: How Many Minds Produce Knowledge . 2006 . . 978-0-19-804079-8 . 187 . en . Cass Sunstein . February 22, 2022 . January 16, 2023 . https://web.archive.org/web/20230116110230/https://books.google.com/books?id=y39oAgAAQBAJ . live .
  29. Web site: Goldstein . Tom . Tom Goldstein . 2012-05-06 . Happy 10th . 2022-03-05 . . en-US . March 5, 2022 . https://web.archive.org/web/20220305022355/https://www.scotusblog.com/2012/05/happy-10th/ . live .
  30. Web site: Yester. Katherine. October 21, 2009. Expert Sitings: Glenn Reynolds. 2022-02-19. Foreign Policy. en-US. February 19, 2022. https://web.archive.org/web/20220219101645/https://foreignpolicy.com/2009/10/21/expert-sitings-glenn-reynolds/. live.
  31. Book: Graves, Lucas. Deciding What's True: The Rise of Political Fact-Checking in American Journalism. 2016. Columbia University Press. 978-0-231-54222-7. 132. en. February 22, 2022. January 16, 2023. https://web.archive.org/web/20230116110232/https://books.google.com/books?id=VcGlDAAAQBAJ. live.
  32. Craddock . Brian A. . 2009 . 2009: A Blawg Odyssey: Exploring How the Legal Community Is Using Blogs and How Blogs are Changing the Legal Community . . English . 60 . 4 . May 28, 2022 . December 8, 2021 . https://web.archive.org/web/20211208041955/https://ursa.mercer.edu/handle/10898/9195 . live .
  33. Web site: Stewart Baker, Author at Reason.com . . live . https://web.archive.org/web/20240517123834/https://reason.com/people/stewart-baker/ . 2024-05-17 .

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