Volokhy Goodness

There are several good posts at the Volokh Conspiracy today.

I particularly enjoyed Jacob Levy’s post about the Pledge of Allegiance issue. There have also been some citations of good accounts of the oral arguments at the Supreme Court; the targets are here and here. I was pleased to read that Newdow seems to have done a fine job arguing his case himself before the Court.

I also liked David Bernstein’s post, and Juan Non-Volokh’s followup post, defending the libertarian position regarding antitrust laws and other laws intended to remedy market failures.

I think that the practical case against antitrust laws is strong. But I also think that the moral case against them is strong. It seems to me that voluntary activity should not be punished or restricted, in general, even if those restrictions would lead to improvements for other people. I might agree to exceptions to this rule under rare, emergency, situations; but I think it’s a mistake to institutionalize this sort of power in the hands of people who aren’t me.

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