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
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Mother's Telling Children She Thinks Thor Actor Chris Hemworth Is Their "Spiritual Father" Didn't Preclude Award of Custody to Her
"There was also evidence presented regarding Liza's alleged delusional thinking and hallucinations. Eli testified that Liza told him Kenneth was his physical father, but actor Chris Hemsworth was his spiritual father. Eli also testified that for years Liza had talked about having another daughter someday, whom she would name Phoebe, and Hemsworth would be the father. Brigham testified that Liza told him she believed Hemsworth was the children's father." Plus unschooling, unbathing, and more.
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Felon's Living with Family Members Who He Knows Own Guns Doesn't Itself Show "Possession" Under State Ban on Felons Possessing Guns
So concludes the Louisiana Supreme Court, though my sense is that other courts may well have decided this differently.
Penn State Basketball Player vs. Head Coach Defamation Lawsuit Can Go Forward (but Not as to the Disrespectful "Bro")
"[The coach's alleged statement] can reasonably be inferred as ... defamatory ... about Clary—that Clary himself was greedy and only interested in money and, as a result, abandoned [his] team and refused to play for Penn State."
Court Refuses to Block Medical Journal's Retraction of COVID Vaccine Study That Had ~150K Views
The court concluded that a retraction likely wouldn't breach any publication contract, and that under the circumstances a temporary restraining order would be especially unjustified given the publisher's First Amendment rights.
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No Injunction Against Prosecution for Taking Photo of Transgender Politician Washing Hands in Women's Restroom
So holds a Fifth Circuit panel, over a dissent. Note that part of the majority's rationale is that the photo would only violate the statute if the prosecution can show that defendant intended to invade privacy in a way "highly offensive to a reasonable person of ordinary sensibilities."
Iffy Claim That Arbitrator "Outsourc[ed] His Adjudicative Role to Artificial Intelligence" Dismissed for Procedural Reasons
The claim is "iffy" partly because part of the plaintiff's argument is that ... ChatGPT said the award was likely AI-generated.
Journal of Free Speech Law: "Incitement, Enthusiasm, and the Dangers of Negligent Protest," by John Inazu
From the "Gitlow v. New York at 100" symposium, held this year at the Arizona State University Sandra Day O'Connor College of Law.
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Washington Post: "Trump's Attack on DEI May Hurt College Men, Particularly White Men"
Yet the facts in the article would equally have supported the headline, "Elite Private Colleges Apparently Hurt College-Bound Women, Trump May Stop That."
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Plaintiff Can Add Claims to Case Alleging Carnegie Mellon Prof Said Time on Jewish-Related Project "Would Have Been Better Spent" Exploring "What Jews Do to Make Themselves Such a Hated Group"
One claim is that CMU's Chief Diversity Officer illegally recorded meeting with student and the accused professor—and then apparently "asserted her Fifth Amendment rights when ... asked her if she did so or if she had a pattern or practice of recording student meetings, without their consent, in the scope of her duties."
Seventh Circuit Rejects Claim That Eviction for Flying Palestinian Flag Violated Discrimination Law
The apartment building owner told plaintiff "to take the flag down pursuant to a policy that the building would stay 'neutral' amidst the Israel-Palestine conflict."
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Lawyer Hijinks in Laura Loomer's and Bill Maher's Deposition
The magistrate judge is not amused.
