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
Trial Court Must Hear Challenge to "Islamic Pre-Nuptial Agreement" Before Referring Matter to Arbitration
Though the agreement provided for arbitration, under Texas family law challenges to the validity of a family law arbitration agreement can't wait until after the arbitration takes place.
"In Sum, the Problem With [the Same-Sex Marriage Cases] Is That They Recognize Only Two-Person Relationships"
A New York trial court judge concludes that polyamorous relationships are entitled to the sort of legal protection given to two-person relationships.
Packingham Jr.: Louisiana Court Upholds Ban on Certain Sex Offenders Using Many Social Media Sites
The relative narrowness of the law, the court concludes, distinguishes the law from the one struck down in Packingham v. North Carolina.
Court Strikes Down Ban on Gun Acquisition by People Under Felony Indictment
An indictment for a crime, the court stresses, is very different from a conviction of the crime.
Nicki Minaj v. "Nosey Heaux" Libel Lawsuit
"On information and belief, and as discovery will likely reveal, Green has been acting as a proxy for another performer who, mistakenly believing that she and Plaintiff are stars of equal stature, has repeatedly used other social media intermediaries in a hopeless effort to advance her career at Plaintiff’s expense."
Draft Motion to Get Access to an Interesting (but Sealed) Appellant's Brief in a First Amendment Case
Should an appellate court provisionally seal a brief until the case is heard on the merits? Or should it try to make a redacted version promptly available?
"Mr. Huff Alleges That the Officers Did Not Identify Themselves at Any Time Prior to The Shooting …
and that Officer Ord fired his weapon at the same time as he shouted, 'Hands up!'"
"Americans Own Over 415 Million Firearms,"
"consisting of approximately 171 million handguns, 146 million rifles, and 98 million shotguns." There are also estimates of AR-15 ownership and ownership of magazines that hold over 10 rounds (which some state laws classify as "large-capacity").
Ohio Supreme Court Justice Expresses Doubt About Appellate Decisions About History in Second Amendment Cases
But wouldn't the arguments in the dissent equally cast doubt on all historical analysis in constitutional cases, or even statutory or common-law cases?
Ex-Alien Judge Speaks Out in Favor of Using the Statutory Term "Alien" Rather Than "Noncitizen"
"This word is not a pejorative nor an insult. I certainly did not consider it an insult to be referred to as an alien in my deportation proceedings."
Libel Lawsuit Over Tweet by Prominent Novelist Don Winslow Can Go Forward
Winslow had accused a doctor working on contract with an immigration detention center of "perform[ing] illegal hysterectomies on women at the direction of Trump and [DHS]."
Donald Trump v. Hillary Clinton Opinion
The court agrees with the defense position that "[w]hatever the utilities of [the Amended Complaint] as a fundraising tool, a press release, or a list of political grievances, it has no merit as a lawsuit."
