Eugene Volokh is the Thomas M. Siebel Senior Fellow at the Hoover Institution at Stanford, and the Gary T. Schwartz Distinguished Professor of Law Emeritus and Distinguished Research Professor at UCLA School of Law. Naturally, his posts here (like the opinions of the other bloggers) are his own, and not endorsed by any institution.
Eugene Volokh
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Judge Reverses Earlier Decision: Ex-Employee Can't Sue Planned Parenthood for Race Discrimination as a "Jane Doe"
[UPDATE 11/17/2015 10:21 am: Sorry, post title originally accidentally omitted the "as a 'Jane Doe'" (which of course is what this decision is about, see below); I've revised the title to include it. My apologies!]
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A Nice Little Rant on Oldies-not-Goodies from Georgia Supreme Court Justice Joseph Lumpkin (1853)
"[T]hat Court and that country is behind the age that stands still while all around is in motion."
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Reminder: AI Might Have Hallucinated Quotations Even if You've Confirmed the Citations
"Lead counsel reviewed the cited cases in LexisNexis and confirmed that they were actual decisions relevant to the legal issues in this matter. However, the quotations included in the initial draft of the Memorandum were not independently verified against the official opinions word-for-word."
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Auto-post still buggy, but it's being worked on; hope to have daily open threads working well shortly.
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Something is amiss with our new daily auto-post feature, so I'm manually posting the thread today.
Hoover Fellow Program: Up-to-5-Year Paid In-Residence Position for Aspiring Academics (Including Aspiring Legal Academics)
The deadline (Nov. 18) is approaching, so I thought I'd repost this.
Social Media Speech "Recklessly" Jeopardizing Classmates' Sense of "Safety" by "Condon[ing]" "Forcible Family Separation by Immigration Authorities" May Be Punishable
So argues a concurring opinion in today's Second Circuit decision in Leroy v. Livingston Manor Central School Dist., also speaking about speech that "callously cheer[s] on or condone[s]" "police brutality, ... religiously-motivated attacks on their houses of worship, sexual or gender-based violence, or any other type of targeted state or private violence."
School's "Interest in Teaching Racial Sensitivity Is Not Sufficient" to Justify Punishing Student's "Free Expression Off-Campus"
So holds the Second Circuit: "Tying a student speaker's constitutional right to free expression solely to the reaction that speech garners from upset or angry listeners cannot be squared with [First Amendment] principles."