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 Threatening to Kill Jews Generally—with No Person or Institution Specifically Named—Punishable?
Not under California law, a court says. (Federal law and the law in other states may be different.)
Court Rejects Title VI Lawsuit Over Alleged Anti-Semitism at Haverford College
"As a result of Plaintiffs' scattered pleading, any serious allegations of actionable discrimination are buried as needles within a haystack of distraction."
Ohio Court Strikes Down Categorical Prohibition on Gun Possession by People Under Indictment
A few months ago, the Sixth Circuit upheld the federal categorical prohibition on gun acquisition and transportation by people under indictment.
Federal Court Declines to Issue Harassment Restraining Order Related to Crypto Litigation
An interesting window into how courts sometimes think about such requests; this decision turned heavily on the fact that plaintiff had already gotten a state court harassment restraining order against the defendant.
Punishing Revenge Porn as (Federal) Criminal Libel
It doesn't always work, but it worked on the facts of this case.
Former Democratic Socialist Houston Judge Franklin Bynum Reprimanded by Texas Judicial Disciplinary Board, for …
what the board finds to be willful violations of the law, bias against domestic violence victims, and, among other things, having "selfie while wearing a 'Defund Police' t-shirt ... on his Twitter feed."
Aggregate Two-Party House of Representatives Vote Was 51.36% Republican, Yielding 50.57% of House Seats
The 51.36% fraction is of the voters who voted either Democrat or Republican.
Federal Court Decides on How Lockerbie Crash Victims' Relatives Can View Accused Terrorist's Criminal Trial Remotely
The court "grant[s] victims access to non-evidentiary pretrial proceedings from their homes and offices by Zoom and telephone, as well as access to livestreamed video and audio feeds of evidentiary and trial proceedings in courthouses across the United States and other secure, monitored locations around the world."
"He Admitted Receiving the Password" for the Laptop, but "It Took Him Over an Hour to Log In"
Defamation litigation ensues.
Shareholder Derivative Lawsuit Against Fox Officers and Directors Over Fox $787M Libel Settlement Can Go Forward
"[T]he complaint alleges facts sufficient to raise a reasonable doubt that at least three other directors lack independence from Murdoch."
Bringing Shame on the Family Name
"The articles, from the York Daily Record and FOX43 websites, detailed an incident in which Father was 'found sleeping half-naked in his car at a Rutter's store' and offered an investigating officer $50 instead of his license. The articles indicate that Father was charged with DUI, indecent exposure, open lewdness, and other related charges."
No Sealing of Transgender Prisoner's Case
The prisoner had argued that other inmates were accessing the case documents, and as a result were urging other inmates to beat, rape, and kill the prisoner, apparently because of information in the court file related to the crime of which the prisoner had been convicted.
Did Defendant and His Girlfriend Marry Just so She Could Refuse to Testify Against Him?
Yes, says the court, partly because of evidence that the defendant really didn't like her any more.
Plaintiff Suing Sean Combs / P. Diddy and Shawn Carter / Jay-Z Can Proceed Pseudonymously
This further adds to the split among Manhattan federal judges as to pseudonymity in the various Doe v. Combs cases.
Court Orders Unsealing of Part of Declaration by Giuliani's Ex-Lawyers in Georgia Election Workers' Defamation Case
"To permit Defendant to claim that he had instructed his lawyers to comply with all court orders including those requiring electronic production and that it was Prior Counsel who were responsible for the misdeeds that have plagued this case, while sitting on declarations in the court file that belie those claims, would permit him to make a 'mockery' of the court and its proceedings. "
Court Dismisses Defamation Suit Filed by Jussie Smollett's Hoax Attackers
The Osundairo brothers sued Smollett's lawyer for suggesting that they might have put on white makeup for the hoax.
Trump Media & Technology Group Loses Lawsuit Against Washington Post Over Story About Trump Social Deal
The statements were true or at least substantially true, the court concludes, plus Trump Media failed to adequately allege knowing or reckless falsehood on the Post's part.
Court Blocks Arkansas Law That Limits "Harmful to Minors" Books in Public Libraries and Bookstores, and Also
limits "inappropriate" books in libraries.
"Not Only Is [the Race Discrimination Plaintiff] a Perpetual Claimant, He Is a Holdup Artist"
A judge sanctions a self-represented litigant who threatened to contact defendant's donors as a means of trying to pressure defendant into settling.