Eugene Volokh is the Gary T. Schwartz Professor of Law at the UCLA School of Law and co-founder of the Volokh Conspiracy blog, hosted at Reason.
Latest from Eugene Volokh
The mysterious "hybrid rights" doctrine comes up again—but might not matter.
"Eugene Volokh told the police he refuses to leave me alone."
So a Tenth Circuit panel held yesterday.
... if you're asserting your own rights of access (which all of us have) to court records.
"I feel like I am taking crazy pills."
Yes, in many states, under the "proximate cause" theory of "felony murder."
... by a federal district court decision yesterday, in a case brought by a pro se litigant in New Jersey.
The defendants are "Stunna 4 Vegas" and "Dababy"-run company Billion Dollar Baby Entertainment, LLC.
That's so regardless of whether the statement is seen as a true threat or incitement—and it applies to any "harmful" speech "inten[ded] to retaliate" against anyone giving law enforcement "any truthful information" related to a federal crime.
Fortunately, the Florida Court of Appeal has just reversed.
... vacated by the Michigan Court of Appeals.
The doctrine originated in criminal appeals by defendants who were fugitives, but it can also apply to civil cases -- here, where the federal court plaintiff has absconded with her and defendant's children in violation of a state court order.
Yes, said the New Hampshire Supreme Court; is that right?
The ban on online speech intended to and reasonably likely to (among other things) "annoy," the court says, is unconstitutionally vague and overbroad.
I had not known that!
Under Colorado law, the decree stripped a juvenile court of the jurisdiction over an attempt to terminate the parents' parental rights.
"The Court has found no case to support the proposition that an employer has a duty to fire an employee in a way that will not interfere with her future employment opportunities or to provide her with a letter of recommendation."
You don't want to explain to your clients why a court would say something like this in its opinion.
Though Fordham is a private university, under New York law private university decisions that violate the universities' own stated rules may be set aside by a court.
So holds a Second Circuit panel this morning.
... no matter the politician's race, sex, or religion, and no matter whether the speaker owns a gun store.
The Sixth Circuit suggests an important limit on the Supreme Court's Nieves precedent, though it doesn't decide the question.
The Sixth Circuit expresses concern that such bans may be unconstitutionally vague or overbroad.
The parodist was arrested for "unlawfully impair[ing] the department's functions," but was acquitted; the Sixth Circuit just let the parodist's lawsuit against the city proceed.
in a case brought by a fellow law professor.
"I'm trying to figure out how the same links that are in this contract that you were paid $7,500 to remove end up in a fake court order with the client's name?"
... rather than committing felony forgery.
Stephanie Gilliard argued "that offers of employment have been rescinded after Google searches of her name revealed the events of this case, namely her surreptitious recordings of her co-workers."
Sen. Cory Booker gives William Underwood as an example of a man "serving a life sentence ... for a nonviolent drug crime he committed in 1988." But "[t]he government's evidence at trial showed that from the 1970's until his arrest in late 1988, Underwood supervised and controlled an extensive and extremely violent narcotics trafficking operation involving a number of murders and conspiracies to murder ...."
A New Jersey appellate court said a co-worker relationship (if long-lasting and close enough) "would be adequate to fairly warrant the imposition of a duty to act." The New Jersey Supreme Court declined to opine on this, and instead concludes that such a duty wouldn't be triggered on the facts of this case.
Interesting tort analysis stemming from a supermarket ice cream aisle murder.
Banal law, but fun facts.