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
"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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"The Quality of Counsel's Filings Further Deteriorated"
"AI presents opportunities for efficiency gains to be sure, but the costs to clients and public faith in attorneys is steep where ethical duties and judgment are cast aside and a litigation put on autopilot."
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Mr. Wonderful v. BitBoy Crypto: Shark Tank's Kevin O'Leary Awarded $2.8M in Defamation Suit
Defendant has apparently "informed his psychiatrist ... that he believes he is dead and in a waiting room for Hell."
Journal of Free Speech Law: "Cancel Culture and the Constitution: Three Reasons Why We Should Embrace Free Speech," by Judge James Ho
Based on a Constitution Day Lecture delivered at Wofford College last September 11.
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Libel Suit by "King of Vape" Against N.Y. Post, Over Allegations of Misconduct and Anti-Israel Actions, Thrown Out but May Be Refiled
A district court concluded plaintiff had adequately alleged (it's all just allegations at this point) that the article included false and defamatory statements, but hadn't adequately alleged the statements were knowingly or recklessly false, and hadn't adequately alleged damages.
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Federal Court Recognizes Constitutional Right to Abortion to Prevent Serious Harm to Woman's Health
The court also draws an interesting analogy to self-defense rights.
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Allegedly Tortious Disclosure of Candidate's Sexual Assault Allegations in Judicial Campaign
"Defendant Cline also showed former Defendant Joshua Woolsey [whose wife was then running for judge against plaintiff] an unredacted copy of the [sexual assault police report filed by the plaintiff] ... after Joshua Woolsey made a public records request for all records pertaining to Plaintiff."
Plaza Can Be Temporarily Closed for Construction, Without Violating First Amendment
The National Park Service had announced "a temporary closure of Columbus Circle" in D.C. for "the renovation of the fountain, cleaning of the statues, plaza and turf renovations to the park site."
Defendant's Giving E-Mail Address as Prosecutor's Name + "suxcox696969@gmail.com" Isn't Contempt of Court
Readers, these are trained pro se litigants; do not try this at home (especially since other courts might disagree).
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"Any Business in America Would Rather Not Have Their Internal Documents out in the Public"
"But that does not mean that litigants have a right to hide them from the public once they are implicated in court proceedings."
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Fourth Circuit Rejects Facial Challenge to Two Trump Anti-DEI Executive Orders
"What plaintiffs are really asking us to do is read subtext into the Provision's text."
Lawyer's Repeated Filings with AI Hallucinations Lead to Default Judgment Against Client
Presumably the client's potential remedy now would be a malpractice lawsuit against the lawyer.
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