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
"A Statement from Constitutional Law Scholars on Columbia"
by "Eugene Volokh, Michael C. Dorf, David Cole, and 15 other scholars."
Ninth Circuit Reverses Probation Sentence for Transgender Hacker
"Paige Thompson committed the second largest data breach in United States history at the time, causing tens of millions of dollars in damage and emotional and reputational harm to numerous individuals and entities."
Pardons and Autopen Signatures: A 2024 Appellate Decision Says Pardons Don't Have to Be Signed (or Even Written) at All
[UPDATE: I note a contrary argument in an update at the end of this post.]
A Mother's Complaint
"Something always seemed off and not quite right with the way my children's grades and GPA were displayed .... [M]y children [were] overlooked for school awards, academic scholarships and grant opportunities that they otherwise would have been eligible for, the opportunity to be valedictorian, salutatorian ...."
Anti-DEI Executive Orders Can Go Forward, for Now, Says Federal Appeals Court
A district judge had "found the provisions likely unconstitutional and issued a nationwide injunction" against them; the Fourth Circuit just stayed that injunction, pending full consideration of the issue on appeal.
Utah Court Strikes Down Injunction Banning Speech "Annoy[ing] or Caus[ing] Distress" to Neighbor Running a Mental Health Residential Treatment Center,
but upholds limits on speech to plaintiff (or her visitors).
Indiana Defendants Get "Benefit of Hindsight When It Reveals Their Conduct Was Necessary in Self-Defense," …
"even though that necessity wasn't fully apparent in the moment."
Professor Can Continue with First Amendment Claim Over Denial of Raise for Including Expurgated Slurs on Exam
The Seventh Circuit so held yesterday; the case also involved other controversial statements besides the expurgated slur.
Nevada Math Prof Alleges Discipline for "Voic[ing] Concerns About … the Math Department … Lower[ing] Its Curriculum Standards"
The Ninth Circuit allows his First Amendment claim against his community college to go forward.
"The Court Shouldn't Bruen-ize the Free Exercise Clause"
Some thoughts from Michael McConnell, Douglas Laycock, Stephanie Barclay, and Mark Storslee.
Alleged Rape Victim Can't Litigate Against Sean Combs (P. Diddy) Pseudonymously …
though she had been temporarily allowed to do so at first.
May Government Refuse to Hire Notre Dame Students, Because Notre Dame Teaches and Promotes Anti-Abortion Ideology?
No? Then how can government refuse to hire Georgetown alumni, so long as Georgetown "teach[es] and promote[s] DEI"?
Anti-American Speech and Spray-Painting "Allah, Muhammad" in Storage Locker Can Be Evidence of Motive …
in prosecution for bomb hoax at church; but spray-painting "the stupid Jew" in the storage locker isn't relevant enough, and thus isn't admissible. (Both the painted items were in defendant's native Kurdish.)
Tort Law vs. Privacy: Ride-Share Services May Have Duty to Prevent Anonymous Riders
So the Missouri Court of Appeals concludes, in allowing a negligence/design defect case to proceed against Lyft, based on a driver's having been murdered by riders who "fraudulently and anonymously request[ed]" a ride.
D.C. U.S. Attorney Drops Probe Over Sen. Schumer's 2020 Statements About Gorsuch and Kavanaugh
That's the correct decision, though I don't think there should even have been a question about it.
Punitive Damages Award in Mann v. Steyn Reduced from $1M to $5K,
largely because the compensatory damages were just $1.
Can Publicizing a Person's "Address and Physical Appearance" in Connection with True Allegations of Misconduct Be Actionable?
A federal magistrate judge flags the issue, though doesn't purport to resolve it.
