Ilya Somin
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Ilya Somin (born 1973) is a law
professor Professor (commonly abbreviated as Prof.) is an Academy, academic rank at university, universities and other post-secondary education and research institutions in most countries. Literally, ''professor'' derives from Latin as a "person who pr ...
at
George Mason University George Mason University (George Mason, Mason, or GMU) is a public research university in Fairfax County, Virginia with an independent City of Fairfax, Virginia postal address in the Washington, D.C. Metropolitan Area. The university was origin ...
, an adjunct scholar at the
Cato Institute The Cato Institute is an American libertarian think tank headquartered in Washington, D.C. It was founded in 1977 by Ed Crane, Murray Rothbard, and Charles Koch, chairman of the board and chief executive officer of Koch Industries.Koch Indust ...
, a blogger for the
Volokh Conspiracy The Volokh Conspiracy ( ) is a blog co-founded in 2002 by law professor Eugene Volokh, covering legal and political issues from an ideological orientation it describes as "generally Libertarianism in the United States, libertarian, Conservatism i ...
, and a former co-editor of the ''
Supreme Court Economic Review The ''Supreme Court Economic Review'' is an academic journal published by the University of Chicago Press. The journal applies economic and legal scholarship to the work of the United States Supreme Court The Supreme Court of the United S ...
'' (2006–2013). His research focuses on constitutional law, property law, migration rights, and the study of popular political participation and its implications for constitutional democracy. He is the author of ''Free to Move: Foot Voting, Migration, and Political Freedom'' (Oxford University Press, 2020), '' Democracy and Political Ignorance: Why Smaller Government Is Smarter'', ''The Grasping Hand: "Kelo v. City of New London" and the Limits of Eminent Domain'' and ''A Conspiracy Against Obamacare: The Volokh Conspiracy and the Health Care Case'' (co-authored with other ''
Volokh Conspiracy The Volokh Conspiracy ( ) is a blog co-founded in 2002 by law professor Eugene Volokh, covering legal and political issues from an ideological orientation it describes as "generally Libertarianism in the United States, libertarian, Conservatism i ...
'' bloggers). A revised and expanded second edition of ''Democracy and Political Ignorance'' came out in June 2016. He is also the author of two books about property rights and eminent domain: ''The Grasping Hand: "Kelo v. City of New London" and the Limits of Eminent Domain'' (University of Chicago Press, revised edition, 2016), a book on the topic of
eminent domain Eminent domain (United States, Philippines), land acquisition (India, Malaysia, Singapore), compulsory purchase/acquisition (Australia, New Zealand, Ireland, United Kingdom), resumption (Hong Kong, Uganda), resumption/compulsory acquisition (Austr ...
, takings and the US Supreme Court's controversial decision in ''
Kelo v. City of New London ''Kelo v. City of New London'', 545 U.S. 469 (2005), was a landmark decision by the Supreme Court of the United States in which the Court held, 5–4, that the use of eminent domain to transfer land from one private owner to another private own ...
'', and ''Eminent Domain: A Comparative Perspective'' (Cambridge University Press, 2017), co-edited with Hojun Lee and Iljoong Kim.


Personal life

Somin was born in the
USSR The Soviet Union,. officially the Union of Soviet Socialist Republics. (USSR),. was a transcontinental country that spanned much of Eurasia from 1922 to 1991. A flagship communist state, it was nominally a federal union of fifteen nationa ...
in 1973. At age five, he emigrated along with his family to the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
. In a personal memoir, Somin recounted both the material poverty in the USSR (that he experienced firsthand) and the ideological indoctrination (that he learned about from family members, and saw glimpses of as a child). Somin received his B.A. in political science and history from
Amherst College Amherst College ( ) is a private liberal arts college in Amherst, Massachusetts. Founded in 1821 as an attempt to relocate Williams College by its then-president Zephaniah Swift Moore, Amherst is the third oldest institution of higher educatio ...
, M.A. in political science from
Harvard University Harvard University is a private Ivy League research university in Cambridge, Massachusetts. Founded in 1636 as Harvard College and named for its first benefactor, the Puritan clergyman John Harvard, it is the oldest institution of higher le ...
and J.D. from
Yale Law School Yale Law School (Yale Law or YLS) is the law school of Yale University, a Private university, private research university in New Haven, Connecticut. It was established in 1824 and has been ranked as the best law school in the United States by ''U ...
.


Views


Political ignorance

Like other
public choice Public choice, or public choice theory, is "the use of economic tools to deal with traditional problems of political science".Gordon Tullock, The New Palgrave: A Dictionary of Economics,
987 Year 987 ( CMLXXXVII) was a common year starting on Saturday (link will display the full calendar) of the Julian calendar. Events By place Byzantine Empire * February 7 – Bardas Phokas (the Younger) and Bardas Skleros, two membe ...
2008, "public choice," ''The New Palgrave Dictionar ...
theorists, Somin argues that
rational ignorance Rational ignorance is refraining from acquiring knowledge when the supposed cost of educating oneself on an issue exceeds the expected potential benefit that the knowledge would provide. Ignorance about an issue is said to be "rational" when the ...
is a major problem for the successful functioning of
democracy Democracy (From grc, δημοκρατία, dēmokratía, ''dēmos'' 'people' and ''kratos'' 'rule') is a form of government in which the people have the authority to deliberate and decide legislation (" direct democracy"), or to choose gov ...
. He has argued for this position in a number of published articles, and has in particular been critical of the ideal of
deliberative democracy Deliberative democracy or discursive democracy is a form of democracy in which deliberation is central to decision-making. It adopts elements of both consensus decision-making and majority rule. Deliberative democracy differs from traditional ...
. Somin notes that
rational irrationality The concept known as rational irrationality was popularized by economist Bryan Caplan in 2001 to reconcile the widespread existence of irrational behavior (particularly in the realms of religion and politics) with the assumption of rationality ma ...
, as described by
Bryan Caplan Bryan Douglas Caplan (born April 8, 1971) is an American economist and author. Caplan is a professor of economics at George Mason University, research fellow at the Mercatus Center, adjunct scholar at the Cato Institute, and former contributor ...
in ''
The Myth of the Rational Voter ''The Myth of the Rational Voter: Why Democracies Choose Bad Policies'' is a 2007 book by the economist Bryan Caplan, in which the author challenges the idea that voters are reasonable people whom society can trust to make laws. Rather, Caplan co ...
'', is a problem. Somin departs from traditional public choice theorists by carving out an important place for rational irrationality, while at the same time disagreeing with Caplan's assertion that rational ignorance alone would not be a problem. Somin's book '' Democracy and Political Ignorance: Why Smaller Government is Smarter'' elaborates on this thesis. He also defended the theory in the lead essay of ''
Cato Unbound The Cato Institute is an American libertarian think tank headquartered in Washington, D.C. It was founded in 1977 by Ed Crane, Murray Rothbard, and Charles Koch, chairman of the board and chief executive officer of Koch Industries.Koch Indust ...
'' in October 2013. Other participants in the exchange included
Heather Gerken Heather Kristin Gerken (born ) is an American legal scholar who serves as the Dean and Sol & Lillian Goldman Professor of Law at Yale Law School, where she teaches election law and runs the San Francisco Affirmative Litigation Project. Biography ...
, Jeffrey Friedman, and
Sean Trende Sean, also spelled Seán or Séan in Irish English, is a male given name of Irish origin. It comes from the Irish versions of the Biblical Hebrew name ''Yohanan'' (), Seán (anglicized as ''Shaun/ Shawn/ Shon'') and Séan (Ulster variant; anglici ...
. Gerken's response essay used the fox versus hedgehog distinction, arguing that Somin's ideal voter was a fox, whereas David Schleicher's work stressed that voters tended to be hedgehogs and use their party affiliation as an informational shortcut. Political commentator
George Will George Frederick Will (born May 4, 1941) is an American libertarian-conservative political commentator and author. He writes regular columns for ''The Washington Post'' and provides commentary for NBC News and MSNBC.Hadas Gold, Gold, Hadas (May ...
reviewed the book favorably in a ''
Washington Post ''The Washington Post'' (also known as the ''Post'' and, informally, ''WaPo'') is an American daily newspaper published in Washington, D.C. It is the most widely circulated newspaper within the Washington metropolitan area and has a large nati ...
'' op-ed. Somin's work on political ignorance stretches back some 15 years before the publication of ''Democracy and Political Ignorance.'' He published a much-cited article on political ignorance in the interdisciplinary journal ''Critical Review'' in 1998. In 2004, he wrote a policy analysis for the
Cato Institute The Cato Institute is an American libertarian think tank headquartered in Washington, D.C. It was founded in 1977 by Ed Crane, Murray Rothbard, and Charles Koch, chairman of the board and chief executive officer of Koch Industries.Koch Indust ...
titled "When Ignorance Isn't Bliss: How Political Ignorance Threatens Democracy" that laid out the case he would elaborate in his book. In 2010, he wrote a critique of
deliberative democracy Deliberative democracy or discursive democracy is a form of democracy in which deliberation is central to decision-making. It adopts elements of both consensus decision-making and majority rule. Deliberative democracy differs from traditional ...
based on his research on political ignorance. Somin's work on political ignorance has been covered by media around the world, including Washington Post columnist George Will and the ''
Chicago Tribune The ''Chicago Tribune'' is a daily newspaper based in Chicago, Illinois, United States, owned by Tribune Publishing. Founded in 1847, and formerly self-styled as the "World's Greatest Newspaper" (a slogan for which WGN radio and television ar ...
''.


Originalism

Somin is a proponent of
originalism In the context of United States law, originalism is a theory of constitutional interpretation that asserts that all statements in the Constitution must be interpreted based on the original understanding "at the time it was adopted". This conce ...
: he argues that judges should interpret the Constitution according to its original public meaning. Somin has written an article about the relationship and tension between constitutional originalism and political ignorance. He has also blogged about the history of originalism, the relation between originalism and discrimination, the relation between originalism and affirmative action, and other topics related to originalism.


Property rights

Somin has been critical of
eminent domain Eminent domain (United States, Philippines), land acquisition (India, Malaysia, Singapore), compulsory purchase/acquisition (Australia, New Zealand, Ireland, United Kingdom), resumption (Hong Kong, Uganda), resumption/compulsory acquisition (Austr ...
laws that permit governments to take over land by force. He was critical of the court decision in ''
Kelo v. City of New London ''Kelo v. City of New London'', 545 U.S. 469 (2005), was a landmark decision by the Supreme Court of the United States in which the Court held, 5–4, that the use of eminent domain to transfer land from one private owner to another private own ...
'' and has defended eminent domain reforms undertaken by US states in the wake of the incident, while arguing that such reforms may not go far enough in protecting private
property right The right to property, or the right to own property (cf. ownership) is often classified as a human right for natural persons regarding their possessions. A general recognition of a right to private property is found more rarely and is typically h ...
s. Somin has argued that
Detroit Detroit ( , ; , ) is the largest city in the U.S. state of Michigan. It is also the largest U.S. city on the United States–Canada border, and the seat of government of Wayne County. The City of Detroit had a population of 639,111 at th ...
's abuse of eminent domain "deter edinvestment by undermining confidence in the security of property rights." Somin's book on the topic of property rights and eminent domain, titled ''The Grasping Hand: "Kelo v. City of New London" and the Limits of Eminent Domain'' was published by the
University of Chicago Press The University of Chicago Press is the largest and one of the oldest university presses in the United States. It is operated by the University of Chicago and publishes a wide variety of academic titles, including ''The Chicago Manual of Style'', ...
and released on June 15, 2015. Many commentators consider it the leading work on the controversial Kelo case, and "public use" restrictions on takings. The book was described as the definitive analysis and critique of Kelo by leading legal scholars Richard Epstein and James Krier, and also endorsed by attorneys for both sides in the case.


Author

Ilya Somin's latest book is ''Free to Move: Foot Voting, Migration, and Political Freedom'' (Oxford University Press, 2020). It argues for expanding opportunities for people to "vote with their feet" both domestically and through international migration. Somin is the author of '' Democracy and Political Ignorance: Why Smaller Government Is Smarter'', published by
Stanford University Press Stanford University Press (SUP) is the publishing house of Stanford University. It is one of the oldest academic presses in the United States and the first university press to be established on the West Coast. It was among the presses officially ...
) in 2013. A revised second edition was published in 2016. In the book, Somin expands on his
public choice Public choice, or public choice theory, is "the use of economic tools to deal with traditional problems of political science".Gordon Tullock, The New Palgrave: A Dictionary of Economics,
987 Year 987 ( CMLXXXVII) was a common year starting on Saturday (link will display the full calendar) of the Julian calendar. Events By place Byzantine Empire * February 7 – Bardas Phokas (the Younger) and Bardas Skleros, two membe ...
2008, "public choice," ''The New Palgrave Dictionar ...
-style case for limited government. Somin's book ''The Grasping Hand: "Kelo v. City of New London" and the Limits of Eminent Domain'' expands on his work on
eminent domain Eminent domain (United States, Philippines), land acquisition (India, Malaysia, Singapore), compulsory purchase/acquisition (Australia, New Zealand, Ireland, United Kingdom), resumption (Hong Kong, Uganda), resumption/compulsory acquisition (Austr ...
and property rights, and was published in June 2015 by the
University of Chicago Press The University of Chicago Press is the largest and one of the oldest university presses in the United States. It is operated by the University of Chicago and publishes a wide variety of academic titles, including ''The Chicago Manual of Style'', ...
. Somin is the co-author, along with other ''
Volokh Conspiracy The Volokh Conspiracy ( ) is a blog co-founded in 2002 by law professor Eugene Volokh, covering legal and political issues from an ideological orientation it describes as "generally Libertarianism in the United States, libertarian, Conservatism i ...
'' bloggers, of the book ''A Conspiracy Against Obamacare: The Volokh Conspiracy and the Health Care Case''. Somin's co-authors include
Randy Barnett Randy Evan Barnett (born February 5, 1952) is an American legal scholar. He serves as the Patrick Hotung Professor of Constitutional Law at Georgetown University, where he teaches constitutional law and contracts, and is the director of the Georg ...
,
Jonathan Adler Jonathan Adler (born August 11, 1966 in Bridgeton New Jersey) is an American potter, interior decorator, and author. Adler launched his first ceramic collection in 1993 at Barneys New York. Five years later he expanded into home furnishings, ...
, David Bernstein,
Orin Kerr Orin Samuel Kerr (born June 2, 1971) is an American legal scholar and professor of law at the UC Berkeley School of Law."Faculty , UC Berkeley School of Law"Orin Kerr faculty profile/ref> He is known as a scholar in the subjects of computer crim ...
, and
David Kopel David B. Kopel (born January 7, 1960) is an American author, attorney, gun rights advocate, and contributing editor to several publications. As of August 2021, he is research director of the Independence Institute, associate policy analyst at ...
. Trevor Burrus is the editor. He is also co-editor of ''Eminent Domain in Comparative Perspective'', published by Cambridge University Press in 2017. Contributing to the anthology ''Our American Story'' (2019), Somin addressed the possibility of a shared American narrative and built on his prior themes surrounding "foot voting" through immigration, both internally between subnational jurisdictions as well as immigration from other countries.


Congressional testimony

Somin has testified to the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
Congress twice: once on the subject of
drone warfare Drone warfare is a form of aerial warfare using unmanned combat aerial vehicles (UCAV) or weaponized commercial unmanned aerial vehicles (UAV). The United States, United Kingdom, Israel, China, South Korea, Iran, Italy, France, India, Pakista ...
and once on the subject of
Sonia Sotomayor Sonia Maria Sotomayor (, ; born June 25, 1954) is an American lawyer and jurist who serves as an associate justice of the Supreme Court of the United States. She was nominated by President Barack Obama on May 26, 2009, and has served since ...
's record on
property right The right to property, or the right to own property (cf. ownership) is often classified as a human right for natural persons regarding their possessions. A general recognition of a right to private property is found more rarely and is typically h ...
s, in connection with her nomination as a justice for the
Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
.


Media

Somin has participated many times in the ''
New York Times ''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid d ...
'' Room for Debate Forum. Somin's articles have been published by a number of mainstream news and opinion outlets in the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
including the ''Washington Post'', ''Wall Street Journal'', ''USA Today'', CNN, ''
National Review ''National Review'' is an American conservative editorial magazine, focusing on news and commentary pieces on political, social, and cultural affairs. The magazine was founded by the author William F. Buckley Jr. in 1955. Its editor-in-chief i ...
'', ''
Forbes ''Forbes'' () is an American business magazine owned by Integrated Whale Media Investments and the Forbes family. Published eight times a year, it features articles on finance, industry, investing, and marketing topics. ''Forbes'' also re ...
'', ''
Los Angeles Times The ''Los Angeles Times'' (abbreviated as ''LA Times'') is a daily newspaper that started publishing in Los Angeles in 1881. Based in the LA-adjacent suburb of El Segundo since 2018, it is the sixth-largest newspaper by circulation in the Un ...
'', and others. Somin's blog posts at ''Volokh Conspiracy'' have been cited in many mainstream news outlets. Somin's blog post about the
Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
decision in '' Fisher v. University of Texas'' was cited by a number of news outlets. Blog posts by Ilya Somin about the Supreme Court's decisions related to
gay marriage Same-sex marriage, also known as gay marriage, is the marriage of two people of the same sex or gender. marriage between same-sex couples is legally performed and recognized in 33 countries, with the most recent being Mexico, constituting ...
(specifically, decisions about the
Defense of Marriage Act The Defense of Marriage Act (DOMA) was a United States federal law passed by the 104th United States Congress and signed into law by President Bill Clinton. It banned federal recognition of same-sex marriage by limiting the definition of marr ...
and
California Proposition 8 Proposition 8, known informally as Prop 8, was a California ballot proposition and a state constitutional amendment intended to ban same-sex marriage; it passed in the November 2008 California state elections and was later overturned in court ...
made in June 2013) were also widely cited.


References


External links

* * {{DEFAULTSORT:Somin, Ilya 1973 births Living people Amherst College alumni Cato Institute people Soviet emigrants to the United States George Mason University School of Law faculty Harvard University alumni Yale Law School alumni