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
#TheyLied Lawsuits Alleging False Title IX Complaints: Defamation and Malicious Prosecution
"Malicious prosecution," which covers the bringing of civil and administrative quasi-judicial complaints and not just criminal complaints, becomes especially relevant given a recent Colorado Supreme Court decision limiting defamation claims.
"Protecting Reputation Is Not Enough to Overcome Public Access" to Court Records
A lawyer tried to seal a copy of an earlier judge's order that had made certain claims about the lawyer.
"Plaintiff Simply Wants to Erase Any Evidence That He Initiated a Case," but "Plaintiff Cannot Unring a Bell"
"Furthermore, the Court is not in the business of scouring and removing data from GovInfo.gov, PACERMonitor, CaseText, and Justia" (which is what the Plaintiff had requested).
Court Considers Claim of Montgomery County (Md.) Teachers Transferred for Pro-Palestinian Speech Following Oct. 7, 2023
The speech included in-class display of "Free Palestine," e-mail signature saying "From the River to the Sea, Palestine will be free," and pro-Palestinian social media posts.
N.Y. Legal Aid Attorneys Union's Anti-Israel Resolution Didn't Violate Antidiscrimination Law
"Reading antidiscrimination laws to prohibit the voicing of views critical of a foreign state, or support thereof, would raise serious doubts about their constitutionality, which the Court must avoid."
Publishing Private Phone Number May Be Tortious, Says Court in Case Brought by Shark Tank's Mr. Wonderful (Kevin O'Leary)
Defendant had 100K X followers, and as a result O'Leary "was flooded with unwanted communications."
Can American Citizens Lose Their Citizenship?
Yes, but only if they intend to relinquish it (or, if they are naturalized citizens and committed fraud during the naturalization process).
"The Alleged Misdeeds of Jewish Individuals, Elected Officials, Judges and Others in Myriad Circumstances,"
"including Plaintiff's divorce proceedings and criminal case."
Abortion, Colorado River, and Interpleader
The true superpower of the lawyer is to turn all questions into questions about procedure—often, about procedure about procedure.
#TheyLied Defamation Case Based on Allegations of False Accusations of Rape Can Go Forward
Anti-SLAPP motions generally can't be used to resolve he said/she said factual disputes in such matters.
Nothing New Under the Sun, Here as to Rules That Focus on a Defendant's Being Motivated by Ill Will
"[V]ery agreeable to the theorist, but utterly unfit for the practical purposes of society ...."
