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 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."
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!'"
