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. He is also the co-host of the Free Speech Unmuted podcast.
Eugene Volokh
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Judge Reaffirms: EEOC May Subpoena Penn's Records as to "Jewish-Related Organizations" (and Others) in Investigation of Anti-Semitic Harassment at Penn
But the judge suspends his decision pending appeal, so that the appellate court has "time to consider and decide the merits of this case, absent unnecessary procedural deadlines."
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Judge Finds Epstein-Related Plaintiff Lies, Spoliation, and Lawyer Misconduct in Rape Lawsuit Against Investor Leon Black
The judge sanctions the plaintiff and the lawyer, but allows the case to go forward.
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California Law Generally Requiring Federal Law Enforcement Officers to Display ID Violates Supremacy Clause
So the Ninth Circuit held yesterday.
No Libel in "Murder for Hire Conspiracy Case Results in Conviction" Headline,
even though (as the full article explained) the conviction was for attempt to commit stalking, not for conspiracy to commit murder.
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Injunction Against Publicly Identifying Pseudonymous Litigants Is Content-Based Prior Restraint,
and thus presumptively a First Amendment violation (though here the presumption was rebutted by national security interests).
Fourth Circuit Upholds Injunction Against Disclosing Names of Perceived Afghan Collaborators
The order came in a peculiar context—a civil lawsuit over the custody of a child born in Afghanistan—but its logic extends further.
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FBI Director Kash Patel Loses Defamation Lawsuit Over Morning Joe Statements
The wild things are in the nightclubs.
AI Hallucinations in Filing by a Top Law Firm
Remember: It could happen at your firm, too.
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Megan Thee Stallion's Request for Anti-"Cyberstalking" Injunction Against Online Defamer Denied as Prior Restraint
"Plaintiff is allegedly the target of hurtful, angry, offensive, humiliating, racial, and gender-based hate made in online posts by Defendant's followers. As tempting as it might be to force some civility into the matter by staunching Defendant's speech against Plaintiff through an injunction, doing so would ignore the protections of the First Amendment."
"It Will Be Your Name and License on the Line, Not ChatGPT's"
A lawyer's duties "do not disappear solely because an attorney chooses to outsource his labor to AI."
"Once the [Rainbow Flag] Cat Is out of the Bag, the Ball Game Is Over"
No pseudonymity for teacher challenging removal of pride flags from classroom, because his identity had already been disclosed through public records requests.
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Call Him Judge Ho Ho Ho
A nice little Christmas present for the lawyers + "You should be spending time with family and friends over the holidays."
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Justice Ginsburg Cancer Treatment Leak Prosecution: Blame the Cat
"Russell insisted that he didn't know how his credentials had been used to run the 'Gins' and 'Ginston' searches. But he theorized that 'potentially his cat had run across the keyboard and typed in those letters.'"