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
Latest from Eugene Volokh
N.Y. Rationing COVID Drugs Based on Race
Sick non-Hispanic whites can only get oral antivirals if they have a medical condition or unspecified "other factors that increase their risk for severe illness"; sick "[n]on-white[s]" and "Hispanic[s]" don't face such a requirement.
Thursday Open Thread
What's on your mind?
Should Prominent Surgeon Be Able to Pseudonymously Sue University of Michigan for Allegedly Improper Suspension?
If so, should that be because his "stellar reputation is a critical component to ensuring the public's trust for him to operate on their children for complex procedures"?
No Sealing of School Basketball Team Sexual Assault Case,
but the minors involved (including the accused students) will be pseudonymized.
Crime to Sexually Proposition, Knowing It's Likely to Annoy, Offend, or Alarm
That's the law in Delaware, it turns out.
No Security Clearance for Employee Who Had Admitted to Downloading Child Pornography
Also, "He also reported that in 2012, he had thought about amassing enough classified information to give to Russia or the Ukraine in exchange for a harem of little girls."
No Sealing or Pseudonymity for Sexual Assault Defendant
"[I]f the purported falsity of the complaint's allegations were sufficient to seal an entire case, then the law would recognize a presumption to seal instead of a presumption of openness."
No "Social Worker Exception" from the Fourth Amendment for Home Searches by Child Protection Officials
"[T]he Fourth Amendment applies equally whether the government official is a police officer conducting a criminal investigation or a caseworker conducting a civil child welfare investigation."
"Alexa Tells 10-Year-Old Girl to Touch Live Plug with Penny"
Alexa apparently found the recommendation on the Web.
May Missouri Shooting Range Discriminate Against Muslims?
That's the issue raised by a newly filed federal lawsuit.
Merely Retweeting Link to Old Article Doesn't Restart Statute of Limitations
So holds the court in a libel lawsuit brought by Jerry Falwell, Jr.'s former personal trainer.
Lawyer's Letter to School Seeking Money for Long-Past Alleged Sexual Abuse by Ex-Teacher May Be Libelous,
notwithstanding the “litigation privilege,” if the statute of limitations has long passed and there is therefore no reasonable prospect of meritorious litigation.
Divorced Parents' Tension About COVID Protections, and Possible Violation of Stipulated Agreement, May Lead to Shift from Joint Decisionmaking on Vaccination
The parties agreed in April 2020, "The parties shall comply with all New York State and New York City issued guidelines related to COVID-19 and social distancing for the duration of the crisis ...."
Thursday Open Thread
What's on your mind?
Texas AG: Accreditation Council for Graduate Medical Education (ACGME) Abortion Training Requirements Are Inconsistent with Federal Law
“The ACGME ... states that a [training] program without a ‘specific family planning curriculum that includes direct procedural training in abortions ... unless it is requested by and developed for a resident desiring training’ ... [is] non-compliant with its accreditation requirements.”
"No One Knows What the Jury Will Make of the Parties' Social-Media Slings and Arrows"
Advice from a judge to the litigants in a libel case.
Dismissed Professor vs. Student Libel Lawsuit Leads to Sanctions Requests, Denied All Around
"The statements include that Hubbard ... has been 'advocating for pederasty (pedophilia) for as long as he has taught at the University of Texas.'"
N.C. Supreme Court Holds "True Threats" Exception Requires Purpose to Threaten,
and remands for retrial as to whether such a purpose would be shown.
"Breaking an Addiction To False Certainty Is as Hard as Breaking Any Other Addiction"
"But the first step is admitting you have a problem."
Racist Insults to Third Parties, Reported Second-Hand, Not Sufficient Provocation to Downgrade Murder to Manslaughter
An interesting illustration from a recent California Court of Appeal decision.
Plaintiffs from Conservative Religious Groups Have More Right to Proceed Pseudonymously in Sex Assault Lawsuits
Four courts have recently said yes, in cases brought by conservative Muslims and Christians.
A Rare Denial of Judicial Immunity
“[T]he allegations, as pled, ... are that the judge acted without jurisdiction and outside his judicial role when personally taking the children to jail, then subsequently ordering them picked up in Louisana, when there were no judicial proceedings pending that would allow for this judicial sanction.”
Number of People Moving To and From California
"At the end of September 2021, entrances to California were 38% lower than at the end of March 2020. Exits, following a dip early in the pandemic, have rebounded and are now 12% higher than pre-COVID levels—on pace with pre-pandemic trends."
Dominion Voting Libel Suit Against Fox News Can Go Forward
"Dominion's well-pleaded allegations, however, support the reasonable inference that Fox's reporting was not accurate or dispassionate."
Thursday Open Thread
What's on your mind?
"I Despise White People" Lawsuit Against OSU Can Go Forward
A white administrator is claiming she was fired based on her race, and based on her complaints that her department chair said "I despise white people" and various other things.
Gen. Michael Flynn's Brother v. CNN Lawsuit Over Allegations of Being a "QAnon Follower"
can go forward as to the "false light" claim, but not as to the libel claim (at least unless the plaintiff can amend his Complaint to adequately allege specific economic losses).
