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
"The Coddling of the American Mind" Movie
This is the film based on the bestselling book by FIRE's Greg Lukianoff and Prof. Jonathan Haidt (NYU).
School's Referring to Student by Student-Preferred Name and Pronouns Likely Doesn't Violate …
the parent's constitutional parental rights, including when the school conceals this from the parent.
Fourth Circuit on One-Sided Pseudonymity in Sexual Assault Cases
The decision allows such pseudonymity when the defendant has already been found (by default judgment) to have committed the assault, but Judge Wilkinson's concurrence argues that, absent this unusual factor, one-sided pseudonymity should be frowned on.
"Victimizing the Families of Opposing Counsel and Causing Well-Founded Concern for Their Well-Being … Is … a Profound Dishonor as a Lawyer"
"Lawyers in litigation may be expected to assume the risk of a certain amount of rough-and-tumble. Their families do not. In preying on the families of opposing counsel, Mr. Manookian crossed the Rubicon."
White University Administrator's Race Discrimination Case Can Go Forward
The administrator, at Texas A & M University Texarkana, alleges he was pushed out because of his race, and because he had declined to discipline a student who "had used the word 'Nigga' in [a classmate's] presence while on a trip to the mall."
Don't Pick Out That Corvette Yet: Prosecutor Loses Libel Lawsuit Against Newspaper
What does it mean, in context, to say that a prosecutor "assisted with the prosecution" of someone who has been exonerated?
ADA Doesn't Require Employer to Keep Customer-Facing Employee Whose Tourette's Leads Him to Use Slurs
The court reasoned that "excellent customer service is an essential function of [the employee's] specific delivery merchandiser position," and the employee couldn't provide it.
Prosecutor Claims Official Forfeited Office by Going Nomad, Prosecutes Official for Theft, for Cashing Paychecks
No dice, says the Indiana Supreme Court, in an interesting case discussing mistakes of law.
Posts About Child Abuse Investigator Weren't "Harassment" That Could Be Enjoined
Among other things, posts that "target the plaintiff's reputation and cause her emotional distress" aren't covered by the Massachusetts harassment prevention order statute.
If Lawyer Representing Himself Is "Unable to Keep His Personal Feelings out of His Pleadings and the Way He Litigates This Case,"
"he might want to consider hiring an attorney to represent him in this case."
"Seven Questions on Section 3: A Response to Professor Kurt Lash"
A reply to Prof. Kurt Lash's response to the brief by Profs. Akhil Amar & Vikram Amar.
Florida Limits on Ownership of Real Property by Chinese Citizens Are Preempted by Federal Law
So an Eleventh Circuit panel tentatively concludes, preliminarily enjoining the statute; one judge would hold that the limits violate the Equal Protection Clause.
Prof. Marty Lederman (Georgetown) on Trump v. Anderson: "Two Important Things All the Parties Get Wrong, …"
"and One Other Important Thing They Don’t Address."
