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
Latest from Eugene Volokh
Court Rejects Subpoena Request from Turkey Seeking Records on Gülen Movement Member, Allegedly for Turkish Financial Crime Prosecution
"[T]he sheer breadth of the discovery sought in Türkiye's Application, considered in light of the colorable allegations of political motivation presented in support of Turkyolu's motion, weighs heavily against the Application at this time."
TRO Against Alleged Defamation, and Also Banning "Harassing Conduct"
Plaintiff alleges Defendant engaged in "a coordinated online campaign making false statements," such as "accusing Plaintiff of design/invention theft, racism, ... and encouraging the public to report Plaintiff's online shopping platforms on sites like Etsy, Shopify, and TikTok as fraudulent and/or ... [as] selling counterfeit goods.'"
Russian Opera Singer Anna Netrebko's National Origin Discrimination Lawsuit Over Firing by N.Y. Metropolitan Opera Can Go Forward
So a federal judge held Tuesday, reversing its contrary decision from last year.
"If Doe Wishes to Use Judicial Proceedings" "to Seek Relief from … Defamat[ion],"
"he must do so under his true name and accept the risk that certain unflattering details may come to light over the course of the litigation."
"Plaintiff's Complaint Is Focused on Discrimination Related to Positionality Across Multiple Marginalized and Vulnerable Communities"
Not enough to get pseudonymity for plaintiff's employment discrimination claim, at least in S.D. Tex.
Religious Exemption Claim by Nonprofit Providing Supervised Illegal Drug Use Can Go Forward
The Third Circuit held that such organizations may raise religious exemption claims, though it declined to decide (at this stage of the litigation) whether the claim would prevail on the facts of this case.
Counsel, You've Suddenly Gone All Literary on Me
Plus, "He claims that, going forward, he will undertake certain 'remedial efforts,' including, inter alia, 'establish[ing] ... database reconciliation procedures involving resolution of discrepancies through direct consultation of archival legal resources and substitution of alternative, verifiable authorities where necessary.' Most lawyers simply call this 'conducting legal research.'"
Denying Funding to Planned Parenthood Groups Because Their "Affiliates" Perform Abortions Violates First Amendment
So a federal judge held yesterday, acknowledging that the government may refuse to fund abortions, but concluding that the exclusion of funding to affiliates unconstitutionally violates their rights of expressive association.
Settlement as to Alleged Suspension for Saying "Illegal Alien" in Class Discussion
High school student gets correction of school records, $20K, and public apology for "mischaracterization of racial bias."
#TheyLied Lawsuits Alleging False Title IX Complaints: Defamation and Malicious Prosecution
"Malicious prosecution," which covers the bringing of civil and administrative quasi-judicial complaints and not just criminal complaints, becomes especially relevant given a recent Colorado Supreme Court decision limiting defamation claims.
"Protecting Reputation Is Not Enough to Overcome Public Access" to Court Records
A lawyer tried to seal a copy of an earlier judge's order that had made certain claims about the lawyer.
"Plaintiff Simply Wants to Erase Any Evidence That He Initiated a Case," but "Plaintiff Cannot Unring a Bell"
"Furthermore, the Court is not in the business of scouring and removing data from GovInfo.gov, PACERMonitor, CaseText, and Justia" (which is what the Plaintiff had requested).
Court Considers Claim of Montgomery County (Md.) Teachers Transferred for Pro-Palestinian Speech Following Oct. 7, 2023
The speech included in-class display of "Free Palestine," e-mail signature saying "From the River to the Sea, Palestine will be free," and pro-Palestinian social media posts.
N.Y. Legal Aid Attorneys Union's Anti-Israel Resolution Didn't Violate Antidiscrimination Law
"Reading antidiscrimination laws to prohibit the voicing of views critical of a foreign state, or support thereof, would raise serious doubts about their constitutionality, which the Court must avoid."
