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
Nebraska Court Upholds Order That Father Not Take Son to Sweat Lodge
The court is silent on whether it would be OK to take him to Houston in July.
First Amendment Likely Protects Even Unlicensed Engineers' Right to Provide Expert Opinion in Government Proceedings
(Note that the court dealt with a professional licensing board's threat of punishment for such engineers; it doesn't deal with the separate question whether a government body may refuse to accept testimony from an unlicensed expert.)
Tweet Accusing Man of Rape Led to Gag Order Against the Accuser
The trial judge concluded the Tweet was “harassment by defamation.”
New Yorker Article Seems to Misdescribe S. Ct.'s Decision on School Library Book Removal
The article claims that a prohibition on viewpoint-based removals of school library books is "settled law" announced by a "majority opinion." But that's not so.
Adam Unikowsky: "Is the Supreme Court Seriously Going to Disqualify Trump? (Redux)"
"The chances are still low, but improving."
Abortion-Funding/-Supporting Groups' Challenges to Texas Abortion Laws Can Proceed for Now
The district court just dismissed certain procedural objections to them, though it wasn't asked to consider the substantive arguments.
Nirvana Nevermind Cover Baby's Child Pornography Lawsuit Isn't Barred by Statute of Limitations,
the Ninth Circuit rules, though expressly noting that "The question whether the Nevermind album cover meets the definition of child pornography is not at issue in this appeal."
#TheyLied Libel Lawsuit Over Allegations of Sexual Harassment Can Proceed,
recommends a Magistrate Judge, in a case brought over defendant student organization chair's claims that plaintiff had engaged in "sever[e], consisten[t], and widespread" misbehavior.
Libel Suit Terminated Because of Plaintiff's Discovery Misconduct
The flip side of what happened with defendant-side discovery misconduct in the Rudy Giuliani and Alex Jones cases, though with much smaller stakes.
COVID Lockdown Violation Conviction Reversed, Based on N.J. Policy Exempting "Political Activities"
Defendant was "walking along the highway holding up signs to passing motorists stating 'PHUCK,' '#THIN BLUE,' and 'Slow Down Police Ahead.'"
If Colleges Ban "Advocacy of Genocide," What Would That Mean for Speech Supporting Israeli Actions in Gaza?
Most 18-to-24-year-old registered voters, a recent poll reports, view Israel's actions as "genocide."
Harvard/Harris Poll: Huge Majorities of 18-to-24-Year-Olds Believe Jews, Whites "Are Oppressors"
The survey was of 2,034 registered voters
Court Allows Sealing of Video of Police Shooting of 11-Year-Old Aderrien Murry
The boy's name has been publicly reported (apparently with his parents' permission), but the court nonetheless concludes that releasing the video would violate his privacy. (The grand jury has just declined to indict the police officer.)
Seemingly Hallucinated Cases, in Michael Cohen Post-Conviction Motion
It's the twelfth case I've seen this year in which something like this apparently happened.
Publishers' Claims Over Alleged Harassment Campaign by eBay Can Go Forward
"A group of eBay employees devised and engaged in a campaign of harassment, stalking, and threats to stop the Steiners from reporting about eBay" in their ECommerceBytes trade publication.
OK for Law School to Consider Whether "Students Possess the Mental and Emotional Stability to Join the Bar"
"[T]he wide-ranging conspiracy Doe posits, one that tormented an ordinary law student for months on end using actors, poison, and a weapon that can send electricity wirelessly through brick walls, is too far beyond the pale of human experience to credit without supporting evidence, of which Doe has provided none."
Nate Silver on "Why Liberalism and Leftism Are Increasingly at Odds"
"The progressive coalition is splitting over Israel and identity politics."
Prof. Andrew Koppelman, "Universities Must Quit with the BS"
"The job of academia is the discovery of truth. Universities should not be in the bullshit business."
Texas's Ban on TikTok Use by Government Employees on Government Computers Upheld
The ban also extends to private devices that are used to access state networks.