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
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.
"The Neglected Value of Effective Government," by Prof. Rick Pildes (NYU)
"How law and policy have undermined the ability of government to deliver both large-scale policies and a range of public goods."
The First Amendment and Refusals to Deal
Here's a draft of my article, on the constitutionality of anti-BDS laws and other related matters, forthcoming in a symposium at The University of the Pacific Law Review.
Challenge to Georgia BDS Law Loses on Qualified Immunity Grounds
The Eleventh Circuit therefore avoids deciding whether such laws are constitutional.
No Absolute Privilege for Accuser's Allegations in College Disciplinary Proceedings; #TheyLied Libel Lawsuit
alleging the accuser lied in the proceedings can thus go forward, holds the Connecticut Supreme Court.
Right to Privacy Challenge to L.A. City Employee COVID Vaccine Mandate Can Go Forward,
though the city may yet prevail later in the case, if it can show enough facts justifying the mandate.
Court Erred in Dismissing Challenge to L.A. City Employee COVID Vaccine Mandate
So the California Court of Appeal has held, concluding that there is enough of a factual dispute (under California's plaintiff-friendly pleading standards) for the case to go forward.
Ban on "Mentioning Child/Parental Alienation" and "Anything About" Ex, "Including But Not Limited to" …
"that which may be immediately or remotely interpreted as demeaning or belittling to him" struck down as unconstitutionally vague.
Schools Have No Constitutional Obligation to Try to Keep Students from Having Sex in the Parking Lot
"[T]he Does cannot wield the constitutional right to parent as a sword to require the district to adopt policies that help them to direct and control their son's choices," and likewise as to the right to free exercise of religion.
