Eugene Volokh

Religion

Some Backstory on the Louisville Free Exercise Clause / Drive-in Church Services Case

Did Louisville actually purport to ban drive-in church services, or was it just asking people to voluntarily refrain? And what notice did the City have about the temporary restraining order request?

Eugene Volokh |The Volokh Conspiracy | 4.13.2020 5:46 PM

Crime

Belgium's Coronavirus Death Rate Surpasses Italy's

In the meantime, neighboring Netherlands, which a few weeks ago had a similar rate to Belgium's, now has half of Belgium's.

Eugene Volokh |The Volokh Conspiracy | 4.13.2020 10:43 AM

Crime

Should Congress Preempt Coronavirus Liability for Businesses That Reopen?

Even after the shutdown orders are lifted, businesses may fear liability if they reopen and someone supposedly gets sick as a result—when Congress concludes reopening is safe, should it block such liability?

Eugene Volokh |The Volokh Conspiracy | 4.13.2020 9:45 AM

Free Speech

Litigant Can't Seal Case to "Improve Her Chances of Employment"

A federal magistrate holds that the right of access to court records precludes such sealing.

Eugene Volokh |The Volokh Conspiracy | 4.13.2020 8:02 AM

Crime

"Public Officials Have an Ongoing Duty to Adhere to the Law"

"This duty doesn't evaporate in a crisis—in fact, a crisis may heighten the duty."

Eugene Volokh |The Volokh Conspiracy | 4.12.2020 1:25 PM

Religion

Churches, Shutdown Orders, and Religious Freedom Restoration Acts (in Kansas and Elsewhere)

If people are allowed to go to bars, restaurants, libraries, schools, and factories (with suitable social distancing), should they also be allowed to go to church?

Eugene Volokh |The Volokh Conspiracy | 4.12.2020 8:50 AM

Crime

Houyhnhnms in Chancery

Eugene Volokh |The Volokh Conspiracy | 4.12.2020 8:34 AM

Religion

Justice Department Tweet Warns Against Restrictions That "Single Out Religious Orgs"

Eugene Volokh |The Volokh Conspiracy | 4.12.2020 12:54 AM

Separation of Powers

Kansas Supreme Court Invalidates Legislature's Scheme for Supervising Governor's Executive Powers

The scheme, created by a concurrent resolution, is inconsistent with the Kansas Emergency Management Act. A legislative council's decision to overrule the Governor's church shutdown order has thus been invalidated, and the church shutdown is back in effect.

Eugene Volokh |The Volokh Conspiracy | 4.12.2020 12:23 AM

Crime

What Is BiH?

Eugene Volokh |The Volokh Conspiracy | 4.11.2020 4:51 PM

Religion

"On Holy Thursday, an American Mayor Criminalized the Communal Celebration of Easter"

A federal judge blocks the Louisville ban on drive-in church services.

Eugene Volokh |The Volokh Conspiracy | 4.11.2020 4:17 PM

Volokh Conspiracy

Huge Legislature-Governor Conflict in Kansas, Over Emergency Powers (Stemming from Religious Freedom Dispute)

A "drafting snafu" with the Legislature's concurring resolution, which endorsed the Governor's initial emergency order, is casting many things in doubt.

Eugene Volokh |The Volokh Conspiracy | 4.11.2020 3:51 PM

Volokh Conspiracy

N.Y. Court Invalidates Conviction Under Anti-Crime-Hoax Law

The case was a hate crime hoax perpetrated by a SUNY Albany student.

Eugene Volokh |The Volokh Conspiracy | 4.11.2020 8:03 AM

Volokh Conspiracy

Fifth Circuit Reinstates Texas's Epidemic-Related Abortion Restrictions, EXCEPT …

"any patient who, based on the treating physician's medical judgment, would be past the legal limit for an abortion in Texas ... on April 22, 2020" (the date until which the Texas restrictions suspend abortions) remains able to get an abortion, despite the restrictions.

Eugene Volokh |The Volokh Conspiracy | 4.10.2020 5:43 PM

Volokh Conspiracy

"Settling in for the Long Haul," a Maine Correspondent of Mine Reports

"This sign went up this morning at the exit from the Portland bus/train terminal, where Amtrak still runs."

Eugene Volokh |The Volokh Conspiracy | 4.10.2020 3:56 PM

Volokh Conspiracy

Mississippi City Bans Drive-in Church Services

That violates the Mississippi Religious Freedom Restoration Act, and probably the freedom of assembly and association.

Eugene Volokh |The Volokh Conspiracy | 4.10.2020 3:15 PM

Volokh Conspiracy

Fed. Court: Texas May Not Ban Medication Abortions, or Delay Abortions Past Viability,

even as part of a general restriction on "not immediately necessary" surgeries and procedures, aimed at preserving medical personal protective equipment during the epidemic.

Eugene Volokh |The Volokh Conspiracy | 4.10.2020 2:20 AM

Volokh Conspiracy

"Disease Surveillance and the Fourth Amendment"

An interesting and detailed analysis by Prof. Alan Rozenshtein at Lawfare.

Eugene Volokh |The Volokh Conspiracy | 4.9.2020 10:54 AM

Volokh Conspiracy

Fifth Circuit Reinstates Texas Ban That Banned "Non-Essential" Medical Procedures, Including Most Abortions

But the ban might still be blocked as to women who are far enough along in their pregnancies that delaying an abortion would make it illegal.

Eugene Volokh |The Volokh Conspiracy | 4.8.2020 3:36 PM

Volokh Conspiracy

"Have a Taste of Wuhan! Let These Mouth-Watering Specialties in Wuhan Satisfy Your Stomach"

Eugene Volokh |The Volokh Conspiracy | 4.8.2020 2:01 PM

Volokh Conspiracy

Four Law Professors Walk Into a Zoom Bar: Law and the Epidemic

Michael, Will, Orin, and I, on constitutional law, contract law, insurance law, and more.

Eugene Volokh |The Volokh Conspiracy | 4.7.2020 9:44 PM

Volokh Conspiracy

Zoombombing and the Law

A lot depends on what you mean by "Zoombombing."

Eugene Volokh |The Volokh Conspiracy | 4.7.2020 4:20 PM

Volokh Conspiracy

FCC Rejects Petition to Censor Broadcasts of President Trump's Coronavirus Press Conferences (and Other Speech)

"The Commission does not ... act as a self-appointed, free-roving arbiter of truth in journalism. plus an interesting discussion of the FCC's hoax rules.

Eugene Volokh |The Volokh Conspiracy | 4.7.2020 2:26 PM

Volokh Conspiracy

Hardball Litigation Among Neighbors, or Obstruction of Justice?

Not such "a winner" after all.

Eugene Volokh |The Volokh Conspiracy | 4.7.2020 8:02 AM

Volokh Conspiracy

District Court OK's Closing Gun Shops as "Non-Essential"

... but only by wrongly downplaying, I think, the degree to which the law interferes with Second Amendment rights.

Eugene Volokh |The Volokh Conspiracy | 4.6.2020 10:18 PM

Volokh Conspiracy

Sixth Circuit Declines to Reinstate Ohio Limit on "Non-Essential" Abortions

On appeal, Ohio interpreted the limit (part of a temporary ban on all "non-essential" surgeries and procedures) as not banning abortions when "any delay will jeopardize the woman's right to obtain an abortion," but only as delaying earlier-term abortions that can be delayed—but it apparently hadn't made that argument in the trial court.

Eugene Volokh |The Volokh Conspiracy | 4.6.2020 7:23 PM

Volokh Conspiracy

Courts Have Jurisdiction Over Torts Physically Committed in the State, Even Long Ago

Eugene Volokh |The Volokh Conspiracy | 4.6.2020 5:35 PM

Volokh Conspiracy

Candidate for Wisconsin S. Ct. (Judge Jill Karofsky) Seeks Preliminary Injunction Against Allegedly Libelous Campaign Ads

Today, Judge Judge Timothy M. Witkowiak refused to issue the injunction, partly on prior restraint grounds. The election is scheduled for tomorrow.

Eugene Volokh |The Volokh Conspiracy | 4.6.2020 3:14 PM

Volokh Conspiracy

Juvenile Court Files May Be Sealed, But Juvenile Case Can Still Be Talked About

and the media can still ask school officials about them—"if the statute is broadly applied in an attempt to bar the Media Defendants' right to question sources, then the statutory language assuredly violates the First Amendment."

Eugene Volokh |The Volokh Conspiracy | 4.6.2020 8:01 AM

Volokh Conspiracy

Liberty of Movement and Assembly

when everyone is potentially lethal to others, without any individual choice on anyone's part.

Eugene Volokh |The Volokh Conspiracy | 4.4.2020 5:39 PM

Volokh Conspiracy

Restrictions on Interstate (and Intrastate) Travel in an Epidemic

are generally constitutional (whether they forbid travel to a particular place, or require travelers to be temporarily quarantined).

Eugene Volokh |The Volokh Conspiracy | 4.4.2020 4:11 PM

Volokh Conspiracy

Lawsuit Against Fox for Its Coronavirus Coverage

is apparently based on constitutionally protected expressions of opinion.

Eugene Volokh |The Volokh Conspiracy | 4.3.2020 9:06 PM

Volokh Conspiracy

"Ordered to Self-Quarantine with Ankle Monitor Due to Coronavirus"

Eugene Volokh |The Volokh Conspiracy | 4.3.2020 1:35 PM

Volokh Conspiracy

Johnny Depp's Libel Claim Against Ex-Wife Amber Heard Can Proceed

Heard's Washington Post op-ed didn't mention Depp, but the judge concludes that in context it would be seen as implying factual assertions about him.

Eugene Volokh |The Volokh Conspiracy | 4.3.2020 1:15 PM

Volokh Conspiracy

Dressing / Lighting / Makeup for Videoconferencing

Eugene Volokh |The Volokh Conspiracy | 4.3.2020 12:26 PM

Volokh Conspiracy

Surf Thugs Lawsuit Can Proceed

"The Lunada Bay Boys are alleged to be a group of young and middle-aged men, local to Palos Verdes Estates, who consider themselves to be the self-appointed guardians of Lunada Bay. One of their tenets is to keep outsiders away from the surf location through threats and violence."

Eugene Volokh |The Volokh Conspiracy | 4.3.2020 11:08 AM

Volokh Conspiracy

Court Upholds Mandatory Newborn Health Screening Program,

rejecting Fourth Amendment and substantive due process arguments against it.

Eugene Volokh |The Volokh Conspiracy | 4.3.2020 11:01 AM

Volokh Conspiracy

Badass Ukrainians on a Portuguese-Flagged Canadian-Operated German Cruiseship Sink (?) Venezuelan Attack Boat

I vouch for absolutely none of this.

Eugene Volokh |The Volokh Conspiracy | 4.3.2020 1:41 AM

Volokh Conspiracy

"COVID19 Exposes the Shallowness of Our Privacy Theories"

A post by Prof. Jane Bambauer (Arizona) forthcoming at Truth on the Market, which she graciously let me reblog.

Eugene Volokh |The Volokh Conspiracy | 4.2.2020 3:51 PM

Volokh Conspiracy

Now That's a Post Title for You: "OUT: The Moon Is a Harsh Mistress. IN: The Moon Is a Grateful Urinal."

Eugene Volokh |The Volokh Conspiracy | 4.1.2020 4:29 PM

Volokh Conspiracy

L.A. Sheriff Changes Course, Lets Gun Shops Open

The Sheriff's position cites the Department of Homeland Security advisory (though it's not strictly binding on him); gun stores will still have to follow the social distancing requirements applicable to other stores that remain open.

Eugene Volokh |The Volokh Conspiracy | 4.1.2020 4:05 PM

Volokh Conspiracy

912 U.S. Coronavirus Deaths Reported Tuesday

Up from 558 yesterday, which was itself a record.

Eugene Volokh |The Volokh Conspiracy | 4.1.2020 1:42 AM

Volokh Conspiracy

Just Finished Our Zoom Conversation, and It Was Such a Pleasure!

Eugene Volokh |The Volokh Conspiracy | 4.1.2020 12:03 AM

Volokh Conspiracy

Zoom Conversation Tonight, 8 pm Pacific, with Michael, Will, Orin, and Me—Come Watch and Ask Questions

See the URL below, as promised in my mark-your-calendars post Sunday.

Eugene Volokh |The Volokh Conspiracy | 3.31.2020 10:50 PM

Volokh Conspiracy

Mere Violations of Consumer Site Terms of Service Aren't Crimes

So says a federal district court, citing three articles by our own Orin Kerr.

Eugene Volokh |The Volokh Conspiracy | 3.31.2020 9:14 PM

Volokh Conspiracy

Fifth Circuit Temporarily Stays Order Blocking Texas Coronavirus-Related Abortion Restrictions,

calls for complete briefing by Friday.

Eugene Volokh |The Volokh Conspiracy | 3.31.2020 2:01 PM

Volokh Conspiracy

Wake Forest Dean Apologizes for Constitutional Law Professor's Quoting the Word "Nigger" from a Leading Supreme Court Case

A word that appears >10,000 times in court cases, in a wide range of fields -- yet some insist that law professors not be allowed to quote it.

Eugene Volokh |The Volokh Conspiracy | 3.31.2020 12:40 PM

Volokh Conspiracy

Texas Federal Court Blocks Restrictions on "Non-Essential" Abortion Procedures, Texas Asks Fifth Circuit to Reverse

Eugene Volokh |The Volokh Conspiracy | 3.31.2020 12:33 AM