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. He is also the co-host of the Free Speech Unmuted podcast.
Eugene Volokh
Latest from Eugene Volokh
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"Gaslighting" Isn't "Abuse" for Child Custody Law Purposes
So holds an Oregon appellate court.
Foreign Law in American Courts
United Arab Emirates Law and Maine Courts
An interesting illustration of how American courts handle (correctly, I think) foreign marriages.
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"[Anti-Harassment] Injunctions Are Not a Remedy for Interpersonal Conflict"
So reasons a Florida appellate court, though other courts in other states seem to take a different view.
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Free Speech Unmuted: "Defamacast" and More: How American Defamation Law Works
Jane and I lay out the structure of American defamation law, using the recent lawsuits brought by FBI Director Kash Patel as a launching point. Special bonus: Almost no discussion of New York Times v. Sullivan (an important case but one that listeners have doubtless heard much about elsewhere).
"Making Negative Statements" About People to Their Employers = Criminal Harassment
"[S]tatements made to third parties can be 'directed at' the victim," and thus criminal harassment if they're repeated and likely to cause serious annoyance or distress, "when they are designed to provoke an adverse consequence against the victim."
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D.C. Circuit Lets Pentagon Require That Journalists Be Escorted While in Pentagon
The panel (by a 2-1 vote) stayed a district court order that, among other things, blocked the newly established escort requirement.
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Judge Reaffirms: EEOC May Subpoena Penn's Records as to "Jewish-Related Organizations" (and Others) in Investigation of Anti-Semitic Harassment at Penn
But the judge suspends his decision pending appeal, so that the appellate court has "time to consider and decide the merits of this case, absent unnecessary procedural deadlines."
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Judge Finds Epstein-Related Plaintiff Lies, Spoliation, and Lawyer Misconduct in Rape Lawsuit Against Investor Leon Black
The judge sanctions the plaintiff and the lawyer, but allows the case to go forward.
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California Law Generally Requiring Federal Law Enforcement Officers to Display ID Violates Supremacy Clause
So the Ninth Circuit held yesterday.
No Libel in "Murder for Hire Conspiracy Case Results in Conviction" Headline,
even though (as the full article explained) the conviction was for attempt to commit stalking, not for conspiracy to commit murder.
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Injunction Against Publicly Identifying Pseudonymous Litigants Is Content-Based Prior Restraint,
and thus presumptively a First Amendment violation (though here the presumption was rebutted by national security interests).
Fourth Circuit Upholds Injunction Against Disclosing Names of Perceived Afghan Collaborators
The order came in a peculiar context—a civil lawsuit over the custody of a child born in Afghanistan—but its logic extends further.
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FBI Director Kash Patel Loses Defamation Lawsuit Over Morning Joe Statements
The wild things are in the nightclubs.
