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 Court Denies the Government's Attempt to Muzzle the Court"
"Unsealing the May 6 Order is essential for the public to see the government's overreach in searching cellphones without probable cause and [is essential for] publishing precedent as courts unpack future such requests."
"Trust That Had Been Earned Over Generations Has Been Lost in Weeks"
"High deference is out; trust, but verify is in."
Interesting Unsealing Decision in the Abrego Garcia Deportation Challenge
I haven't been closely following the many filings in the case, but I'm very glad the court is enforcing a fairly broad right of public access here.
S. Ct. Rejects Wisconsin Unemployment Tax Exemption's Different Treatment of Proselytizing and Non-Proselytizing Religions
The government generally may not "distinguish[] among religions based on theological differences in their provision of services."
S. Ct. Unanimously Rejects Mexico's Lawsuit Against Smith & Wesson
"A manufacturer of goods is not an accomplice to every unaffiliated retailer whom it fails to make follow the law."
Standard for Proving Title VII Violation Same for Majority Plaintiffs as for Minority Plaintiffs
The Court rejected some federal circuits' rules that a majority-group plaintiff must "present[] evidence of 'background circumstances' suggesting that the [defendant] was the rare employer who discriminates against members of a majority group."
Texas Harassment Conviction for Sending 34 Messages Over 15 Weeks to Ex-Therapist Violates First Amendment
So Texas's high court for criminal matters held yesterday.
4th Cir.: Civil Service Reform Act May Have "Been So Undermined" That District Courts Should Take Over Federal Employee Lawsuits
"Because Congress intended for the Civil Service Reform Act to strip district courts of jurisdiction only if federal employees were otherwise able to receive adequate and independent review of their claims, we vacate and remand to the district court to consider whether the text, structure, and purpose of the Civil Service Reform Act has been so undermined that the jurisdiction stripping scheme no longer controls"
Does the Smoot-Hawley Act Justify the Trump Tariffs? Probably Yes, Says Jed Rubenfeld
Probably yes, says Jed Rubenfeld; no, says Philip Zelikow.
Federal Court in New York Might Be the Hardest Court to Get Pseudonymity as a Sexual Assault Plaintiff,
which is to say the court that is the most in favor of public access to court records in such cases.
Washington Post Article Stresses the Library of Congress's Name, but Largely Ignores Judicial Precedent …
that treats the Library of Congress as an Executive Branch department as to Presidential removal of the Librarian.
Claim Over Penn's Alleged Knowing Toleration of Anti-Semitic Behavior Dismissed,
though the court found the plaintiffs had standing to bring the claim, and gave them one last chance to amend their complaint to plausibly allege enough to allow the case to go forward.
Plaintiff's Idaho Murder Libel Claim Continues to Beat Defendant's "Psychic Intuition"
More in Prof. Rebecca Scofield's defamation lawsuit against alleged psychic Ashley Guillard, based on Guillard's accusation that Scofield was involved in the Nov. 2022 murder of four University of Idaho students.
Arkansas S. Ct. Vacates Gag Order on Man Accused of Murdering His Teenage Daughter's Alleged Sex Abuser
The order also covered the man's family and public officials, as well as the lawyers in the case.
Chief Judge Steven Colloton Opines That Boycotts of Columbia Might Pose Ethical Problems
But he declines to conclude that another judge, against whom a complaint was lodged over participation in such a boycott, violated the rules.
Women-Only Naked Spa Lacks First Amendment Right to Exclude Transgender Patrons with Penises
So the Ninth Circuit held today, by a 2-1 vote. I tentatively think the majority got it right as a matter of First Amendment law and statutory interpretation, though I think such statutes ought to be written to include some privacy exceptions as to gender identity and not just sex.
