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
Is Rejecting Someone Because of His "Jewish Blood" Race Discrimination Under Title VII? National Origin Discrimination?
A surprisingly unsettled question.
Prof. May Be Ordered to Refer to Transgender Student Using the Student's Preferred Title and Pronoun …
... or refer to all students without a title (e.g., by first name or by last name) and not use third-person pronouns to refer to them.
Corporations and the First Amendment: Free Speech Rules (Episode 6)
Episode 6 of Free Speech Rules, from UCLA law professor Eugene Volokh
He Went for a Big Gulp; "He Ended up Shooting 2 Robbers, Killing 1"
"'There’s definitely an emotional cost to this,' he said. 'But I didn’t get the choice of leaving. I didn’t know what they were going to do.'"
"Harm to Reputation Is Insufficient to Overcome the Strong Presumption in Favor of Public Access …"
"... , especially where, as here, the party who filed the suit alleges harm from the public availability of the record."
"A Narrative Summary Describing How the … Taxpayer … Shares California's Values with Regard to Women's Reproductive Rights"
That's what a California bill (passed 76-0 by Assembly and 6-0 and 5-2 by Senate committees) would ask film tax credit seekers to provide in their tax credit application.
No Sealing of Business Details "Directly Relevant to the Heart of [a Civil] Case"
"If the Court sealed the disputed materials, it would essentially conceal the very mechanism that REA used to perpetuate the scheme, leaving the public with little more than the judgment itself to establish the existence of the scheme."
OK for Restaurant to Eject City Councilman Whose Political Positions "Had Financially Harmed" the Restaurant
California public accommodations law has been read as banning discrimination based on "political affiliation," but the court concluded that this didn't apply to discrimination based on "political views" more broadly (or based on votes as an elected official).
One-Year Sentence for Forgery of Court Order, Aimed at Getting Patch.com Article Altered or Deindexed
... though the defendant's other crimes likely affected the sentence.
Indian Government Attempts to Remove Material from Western Sites
That material: Photoshopped pictures of PM Narendra Modi "embracing his right-hand man Rajnath Singh on an idyllic beach."
Lawyer Loses Bid To Redact Opinion Labeling Him a "Copyright Troll"
But at least he wasn't labeled a "copyright orc" ....
Videographers' Free Exercise Clause Objections to Having to Create Same-Sex Wedding Videos
The mysterious "hybrid rights" doctrine comes up again—but might not matter.
Threatening with a Gun vs. Shooting at Someone
There are different legal standards for the two actions, the Michigan Court of Appeals correctly concludes (in the Siwatu-Salama Ra case).
How I Was a Criminal Defendant in a N.J. Harassment Case
"Eugene Volokh told the police he refuses to leave me alone."
States May Not Cancel Votes of "Faithless" Presidential Electors
So a Tenth Circuit panel held yesterday.
OK to Oppose Sealing of Court Documents Without Local Counsel
... if you're asserting your own rights of access (which all of us have) to court records.
Crime Victim Kills Attacker -- Are the Other Attackers Guilty of Murder?
Yes, in many states, under the "proximate cause" theory of "felony murder."
"Right to Be Forgotten" as to Court Opinions Rejected …
... by a federal district court decision yesterday, in a case brought by a pro se litigant in New Jersey.
Lawsuit Against Rappers for Attack by Their Employees in Sneaker Store
The defendants are "Stunna 4 Vegas" and "Dababy"-run company Billion Dollar Baby Entertainment, LLC.
Calling Informants "Snitches" May Be a Federal Felony
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.
Florida Senate Member Gets Restraining Order Against Critic
Fortunately, the Florida Court of Appeal has just reversed.
Restraining Order Issued to Ban Unwanted Contact with Mayor by City Commission Candidate
... vacated by the Michigan Court of Appeals.
Libel Lawsuit Dismissed Under "Fugitive Disentitlement" Doctrine
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.
Can Excluding Someone from a Town Be a Proper Remedy in a Libel/Harassment Case?
Yes, said the New Hampshire Supreme Court; is that right?
Texas Appellate Court Strikes Down Electronic Harassment Statute
The ban on online speech intended to and reasonably likely to (among other things) "annoy," the court says, is unconstitutionally vague and overbroad.
Olivia Newton-John's Grandfather Was Nobel-Winning Physicist Max Born
I had not known that!
Iranian Custody Decree Given Effect by a Colorado Court
Under Colorado law, the decree stripped a juvenile court of the jurisdiction over an attempt to terminate the parents' parental rights.
Court Rejects Claim for "Negligent Destruction of Employment Opportunity"
"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."
A Warning to Law Students and Young Lawyers
You don't want to explain to your clients why a court would say something like this in its opinion.
A Tip for People Who Seek to Seal Court Filings
Avoid motions "for Leave to File Under Seal Any and All Documents and Depositions Cited in Support of Any Motion, Response, Reply, or Appendix Filed by the Plaintiff/Counter-Defendant."
Court Overturns Fordham's Decision Not to Recognize Students for Justice in Palestine Chapter
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.
Sarah Palin's Libel Case Against New York Times Can Go Forward
So holds a Second Circuit panel this morning.
Everyone Has a Right to Call Politicians "Idiots" …
... no matter the politician's race, sex, or religion, and no matter whether the speaker owns a gun store.
Is Money Speech? Free Speech Rules (Episode 5)
Episode 5 of Free Speech Rules, from UCLA law professor Eugene Volokh
