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
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Diversity (the Civil Procedure Kind) and Self-Identification
"Courts cannot accept a model where an entity has a public-facing identity which it then renounces based on its behind-the-scenes activity."
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From Prof. Jack Goldsmith (Harvard) on the Tariff Decision
"A massive defeat for the president and an extraordinary affirmation of the Supreme Court's power."
I Got 99 Delegations, but a Tariff Ain't One
Words from noted rapper I-Eepa,
"The Day Will Come When Those Disappointed by Today's Result" as to Tariffs …
"will appreciate the legislative process for the bulwark of liberty it is."
"No Recipe for a Republic"
"[C]ontinual and permanent accretion of power in the hands of one man," stemming from broad readings of Congressional delegation to the Executive.
"Our Founders Understood That Men Are Not Angels, and We Disregard That Insight at Our Peril When …"
"we allow the few (or the one) to aggrandize their power based on loose or uncertain authority."
Tomorrow Is National Legislator Integrity Day
Or so I've decided to call it, in honor of the 225th anniversary of the vote on renewing the Sedition Act of 1798.
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Teacher's First Amendment Claim Related to Sharing "What Is Privilege?" Post Can Go Forward
"Superintendent Hamlet testified that Defendants viewed the Privilege Post as a criticism of the Black Lives Matter ... movement. He did not think such criticism was valid and believed criticism of BLM was enough in itself to justify punishing a teacher."
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Security Clearance Denied for Past Child Porn Downloading; Hearing Officer Unmoved by Claims That Behavior Stemmed from Since-Resolved Gender Dysphoria
"Applicant believed she was pre-adolescent or during adolescence when she was downloading images of children on her computer in 2013 to 2014 even though she was chronologically about 30 years old."
Carnegie Mellon Must Provide Discovery About Relationship with Qatar, in Ex-Student's Lawsuit Alleging Anti-Semitism
The student was explaining the concept of an eruv, a feature of certain Jewish neighborhoods, in class to an architecture professor, who allegedly said the time the student had spent on project "would have been better spent if [Ms. Canaan] had instead explored 'what Jews do to make themselves such a hated group.'" …
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Defendant's Own AI Legal Research Isn't Protected by Attorney-Client Privilege
"Because Claude is not an attorney, that alone disposes of Heppner's claim of privilege."
No Pseudonymity for Man Suing Harvard Alleging Jews Aim "to Exterminate or Enslave All Non-Jews"
The plaintiff claims he was denied admission to Harvard Business School, apparently because he is a "non-veteran, non-queer, non-Jewish White male applicant[]."
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"One Would Expect … Attorneys Believe They Bring Some Level of Value to Their Clients Beyond That of a Machine"
A magistrate judge recommends a $10K sanction for a lawyer's repeated incorrect citations, and has some things to say about the pattern he has been seeing in his own court.
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