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
"It Is Their Care in All the Ages to Take the Buffet and Cushion the Shock."
“It is their care that the gear engages; it is their care that the switches lock. / Raise ye the stone or cleave the wood to make a path more fair or flat; / Lo, it is black already with the blood some Son of Martha spilled for that.”
Unicorns, Coronavirus, and Emergencies
"The world is facing a real emergency. Plaintiff is not."
Owner of DERBY-PIE Trademark Can't Stop Kentucky Newspaper from Discussing Other Derby Pies
An important principle, which also applies to uses of trademarked terms in films, books, video games, and the like: "A party does not violate trademark law solely by using words another entity has trademarked."
"Mass Prayer Gathering … in Bangladesh to Read 'Healing Verses' Against Covid-19"
I'll say it again: "Trust in Allah, but tie your camel."
Police Disperse Large Outdoor Orthodox Jewish Prayer Group in Brooklyn
... for violating New York City ban on gatherings of 50 people or more.
Best Substitute for Yeast in Bread Machines?
The one persistent shortage I'm seeing in my part of L.A. is of baking yeast, and the online stores seem out, too.
Fourth Circuit Holds Video Oral Argument
Electronic argument about electronic cigarettes.
Comedian Ordered Not to Post Anything "That Would Suggest to Prospective Employers That They Should Not Hire … or Book" Her Comedian Ex
The California Court of Appeal reversed, in an interesting case about allegations of physical abuse—and claims that the allegations were themselves a form of "abuse."
"Demand for Guns Crashes Pennsylvania State Police Background Check System"
The flip side of the story: San Jose gun stores, apparently alongside many other stores, have been ordered closed as non-"essential" businesses.
Online Video Notaries?
They are allowed in some states, but only a small minority; should courts in other states authorize online notarization on an emergency basis?
Why I'm Not (Yet?) Much Worried About the Civil Liberties Restrictions Flowing from the Coronavirus Response
The restrictions are less dangerous precisely because they are so broad and onerous.
Federal Lawsuit Against Pro-Palestinian / Anti-Semitic Protesters Outside Synagogue
The plaintiffs are claiming, among other things, "group libel."
Italian Daily Death Rate Up 20% Because of Coronavirus, Lombardy Up About 80%
One way of getting a perspective on the magnitude of the problem, at least today, and in what seems to be the hardest-hit country.
Maine Island Forbids Entry (Including to Part-Time Residents and Property Owners)
Sadly for S.M. Stirling fans, it's not Nantucket (which hasn't been in the same state for 200 years in any event).
Hiding from the Bat Death at the Zoom Bar
Just had a very nice drinks-with-friends get-together via Zoom; six people, five in town and one out.
"It's Only Quarantine If It's in the Quarante Province of France."
"Otherwise it's just Sparkling Isolation."
Best Configuration for Hanging out with Friends by Video?
What would you recommend?
Religion, Law, and Coronavirus
An interesting site, run out of the University of Pisa, covering breaking developments in many countries with many articles in English.
Champaign (Ill.) Emergency Order Doesn't Ban Guns, But Does Authorize (Likely Unconstitutional) Emergency Gun Bans
The order activates a pre-existing ordinance, which authorizes a wide range of actions, including curfews, alcohol sales, gun sales, property seizures, and more.
Force Mineure and Contracts That Aren't Performed Because of Epidemics
I can't give a substantive legal analysis, but I dibs the label.
Court Rules Mostly for Catholic Nurse Who Objected to Newly Imposed Birth-Control and Abortion-Referral Duties
The Illinois Appellate Court's decision interprets the Illinois version of the RFRA, and the separate Illinois Health Care Right of Conscience Act (which bans all discrimination "because of [a] person's conscientious refusal to receive, obtain, accept, perform, assist, counsel, suggest, recommend, refer or participate in any way in any particular form of health care services contrary to his or her conscience").
The Most Important Coronavirus-and-the-Law Issues
... have to do, I think, with business insurance law (and in particular with the interpretation of business insurance contracts).
Now There's a Real Royal Family Dispute for You
English courts rule in child custody case against the Sheikh of Dubai, and in favor of his sixth wife Princess Haya, who is also the sister of the King of Jordan.
Sealing Court Filings Drawn from Discovery Requires More Than Just General Assertions of Confidentiality
A case decided Monday reaffirms this principle, especially in the Seventh Circuit.
Accusations of Trying to "Hit on Underage Girls" Aren't Defamatory Without Proof of Actual Damage,
at least under the Illinois "innocent construction" rule, under which "a nondefamatory interpretation must be adopted if it is reasonable"—"a reasonable reading of Lorenz's article is that although Wedgewood communicated with underage girls, he never meant to take things further."
