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
Public Housing Complexes May Not Ban Gun Possession by Tenants
So holds the Tennessee Court of Appeals.
Yale Law School, Judge Ho, Neutrals, and Secondary Boycotts
Even when there's good reason to criticize universities, we should keep the students out of our battles.
"Face to Face": Dave Stewart's, Boris Grebenshchikov's, Serhii Babkin's, and Stevie Nicks's Ukraine War Song
Stewart (of the Eurythmics), Grebenshchikov (a Russian singer-songwriter, and one of “the ‘founding fathers’ of Russian rock music”), and Babkin (a Ukrainian singer-songwriter) put out a trilingual song, with harmonies by Stevie Nicks (Fleetwood Mac).
Obvious Gripe Site Isn't "False Personation"
“We conclude no reasonable person would believe Plummer created a website describing himself as vexatious, incompetent, or dishonest.”
No Implicit Requirement of Sharia Mediation or Arbitration
"Movants ... argue[] that Plaintiff's complaint fails to state a claim because the 'loan documents reflect the parties' agreement that Sharia law would govern their contractual relationship' and that '[p]ursuant to age old Islamic principles, parties are to pursue the alternative dispute resolution processes of mediation or arbitration before seeking adjudication of their quarrels.'"
Sometimes the Conspiracy Theorists Might Have Something of a Point: The Konnech Controversy
"District Attorney investigators found that in contradiction to the contract, information was stored on servers in the People's Republic of China."
Court Rejects Avas Flowers' Libel Claims
"The allegedly defamatory nature of this statement is the implication that Plaintiff holds itself out as a local business when it is not. But truth is an affirmative defense to defamation under Delaware law, and the ... Declaration [submitted by Avas] does not deny that Plaintiff maintains call centers abroad in locations such as Mexico or Asia."
Libel Lawsuit by Blackwater Founder Erik Prince Against The Intercept Rejected
A federal court held that Prince was a public figure, and hadn't offered enough plausible allegations that the defendants knew the statements were false or likely false (the so-called "actual malice" showing).
District Court in Title IX Sexual Assault Case Rejects One-Sided Pseudonymity
"Plaintiff has sought to avail herself of the protections of anonymity (without prior Court order), all the while single-handedly precluding the Named Defendant from the ability to avail himself of similar protections."
Writing About People Who Don't Want to Be Written About
How, if at all, should we try to be nice in an inherently not-nice occupation?
Court Refuses to Order Me to Remove References to Frequent Litigant from Law Review Article
My argument: "Petitioner Jane Doe—a frequent unsuccessful litigant—is asking this Court to impose unconstitutional prior restraint to prevent a law professor from writing about important, publicly available cases about pseudonymity."
The Grey's Anatomy Writer Hoax
"For years, a Grey’s Anatomy writer told her personal traumas in online essays, and wove those details into the show’s plot—until a surprising email to Shondaland accused her of making it all up."
The Yaliest of All Torts: Wrongful Interference with Clerkship Opportunities
The Yale Law School DinnerPartyGate lawsuit (Stubbs v. Gerken) can go forward on an interference with prospective business relationships claim, based in large part on the law school's alleged interference with plaintiffs' clerkship opportunities, though the other claims are dismissed.
Professor's Prior Restraint Lawsuit Against Collin College Can Go Forward
The professor, Joseph Michael Phillips, had spoken about Confederate memorials, race relations, a shooting, and masks.
"One of the Side Effects of COVID-19 Is Litigation"; and in Litigation, as in Medicine, Delay Can Be Deadly
An appeal a day late (even if not a dollar short). [UPDATE: But there may be a lifesaving treatment!]
The University of Idaho General Counsel's Letter on Abortion
Justice Scalia, to the rescue.
The University of Idaho General Counsel's Letter on Contraceptives
I think the letter's analysis as to contraceptives is inconsistent with the statutes, and with a binding Supreme Court precedent.
Muslim Male Inmate Entitled to Religious Exemption from Strip Searches by Female-to-Male Transgender Guard
"[A] prisoner's right to be free from highly invasive intrusions on bodily privacy by prison employees of the opposite sex—whether on religious or privacy grounds—does not change based on a guard's transgender status."
