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
First Amendment Claim of Professor Fired Over Article Claiming Race-Based Genetic IQ Differences …
can go forward, rules a federal judge, denying Cleveland State University's motion to dismiss.
No Pseudonymity or Sealing in College Student's Race Discrimination Lawsuit
A federal court rejects plaintiff's arguments "that sealing ... is required because she is being 'slandered and libeled' and '[m]aking [her] information public would magnify the effects of [defendants'] wrongdoing' rather than right those wrongs."
School Board Members Use "Anti-Doxing" Law to Sue Critics for Publicizing the Members' Employers
An Oregon trial court allowed the case to go forward, but the Oregon Court of Appeals threw it out.
Tennessee Ban on Sexual-Identity-Related Medical Procedures for Minors Is Likely Constitutional,
a Sixth Circuit panel concludes (by a 2-1 vote) in staying an injunction against the law pending appeal.
Plaintiff's Being a Possibly Vexatious Litigant May Be Basis for Denying Pseudonymity,
even when plaintiff's lawsuit was connected to her having been allegedly sexually assaulted, which has often (but not always) been seen as a basis for allowing pseudonymity.
10th Cir. Narrowly Reads "Injury Litigated Against Would Be Incurred" Basis for Pseudonymous Litigation
The court concludes that this justification doesn't generally let plaintiffs sue pseudonymously in libel or disclosure of private facts that seek damages.
Alleged Panama Papers Leaker Allowed to Proceed Pseudonymously in Breach of Contract Lawsuit Against Germany
But the court insisted that the alleged leaker file identifying information under seal with the court, notwithstanding the alleged leaker's claim that the court computers could be hacked.
Have Smart, Nonobvious Things to Say in Law Review Article Form About Court's New First Amendment Decisions?
Submit them to the Journal of Free Speech Law; we'll tell you within 14 days whether we'll accept the submission, and then we can publish it very quickly, if you'd like.
Indiana Constitution Protects Long-Established Unenumerated Rights, Including Personal and Economic Rights
So the Indiana Supreme Court held yesterday, though it concluded that, as to abortion, this is limited to situations where the abortion is necessary to protect the woman's life or health.
The Lower Court "Found that [Defense Lawyer's] Comments Played on Stereotypes About the 'Angry Black Woman'"
"and the 'victimhood' of white women." "In support of its decision, the court ... pointed to defense counsel's description of Henderson as 'quite combative' on the witness stand and her description of Thompson as 'intimidated and emotional about the process.'"
If "Any Government Again Resorts to Racial or Ethnic Classifications to Ration Medical Treatment,"
"there would be a very strong case for prompt review by this Court."
S. Ct. Holds That Speech Creators (e.g., Web Designers) Can't Be Required to Create Content They Object to,
including when the requirement is imposed by antidiscrimination laws, for instance when such laws require web site designers who create opposite-sex wedding sites create same-sex wedding sites.
"The Family Court Erred in Finding [Lawyer] in Criminal Contempt …"
"at a hearing in which the judge’s impartiality and temperament were questioned.”
S. Ct. Unanimously Broadens (Somewhat) Employees' Rights to Religious Exemptions from Neutral Work Rules
The decision, which interprets Title VII's reasonable accommodation provision (enacted in 1972), applies to private employees as well as government employees.
S. Ct. Decides: "True Threats" Exception Requires Showing that Speaker Was "Reckless," i.e.,
"consciously disregarded a substantial risk that his communications would be viewed as threatening violence."
If You Grant a Mouse's Motion for a Cookie, It Might Take a Mile's Worth of Bites at the Apple
Also geese and ganders.
