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
No Gag Order in Lawsuit Against Church Alleging Child Sexual Abuse Coverup
The court rejects the argument that publicity about the lawsuit might taint jury pool, and "has imposed a deep emotional burden upon [church's] current members, imposes a possibility of some clients of the church's weekly meal, food pantry, counseling programs, or other services withdrawing their participation [and] imposes a possibility of loss of donors."
Stanford Law School Constitutional Law Center Research Fellowship
An excellent opportunity for would-be legal academics; applications are due September 15.
Baltimore Might Be Liable for Riot Damage to Businesses
A federal court so holds, applying Maryland's Riot Act, and quoting the Mayor's famous line that the City "gave those who wished to destroy space to do that."
Private Prosecutions
Some states still allow ordinary citizens (and not just the usual criminal prosecutors) to initiate a prosecution of someone they accuse of a crime.
Heckler's Veto at SUNY Binghamton May Have Violated First Amendment
The university shut down a speech by noted economist Arthur Laffer because of organized heckling by “progressives.”
Does City's Saying It "Will Not Provide Any Support or Resources" to Controversial Political Event on Private Property Implicitly Threaten Withdrawal of Police Protection?
No, say two Tenth Circuit judges in a case involving the VDARE Foundation; yes, says a dissenting judge.
If VP Becomes Acting President When President Is Temporarily Disabled, What Happens to VP's Tiebreaker Vote?
Looks like it goes away, for however long the VP acts as President.
Anonymity of Libel Helps Justify Punitive Damages
"[M]ost revealing of actual knowledge of falsity is the vehicle chosen by Riccio to spread the falsehoods—the anonymous letter."
"Respondent [Lawyer] Impersonated Others, Falsely Accused a Coworker of Poor Job Performance,
and falsely accused the coworker's husband of workplace sexual harassment."
Federal Government Lawyer Suing for Employment Discrimination Can't Sue Pseudonymously,
despite the argument that, “because she ‘defends federal agencies against employment discrimination claims,’ she may ‘make legal arguments that differ from the ones she has made and makes as an AUSA,’” so “proceeding under pseudonym will allow her ‘to make such arguments without the concern that opposing counsel will be able to identify her and/or her filings that take or may take a different legal position.’”
Louisiana Medical School's Vaccination Rules Temporarily Blocked
But the decision turns heavily on Louisiana law, and on the nature of this particular set of rules.
Thursday Open Thread
What's on your mind?
Trademark Confusion Lawsuit Over "ASU: No More Social Distancing. No More Masks. It Is Time to Party!" Posts
ASU loses, even though the defendant “stopped participating in this action after his answer was stricken” “for litigation misconduct”: “[A]a reasonably prudent consumer would not be deceived or confused into believing that ASU was the ‘source or origin’ of the posts and messages emanating from the ‘asu_covid.parties.’”
Challenge to Zoning Restrictions on Shooting Clubs Can Continue
So holds the Third Circuit, applying intermediate scrutiny to a limit on center-fire rifle shooting and to a requirement that clubs be nonprofit.
One America Network's Libel Lawsuit Against Rachel Maddow Rejected by Ninth Circuit
Maddow had said OAN "really literally is paid Russian propaganda," in reaction to a Daily Beast story that an OAN employee had also been freelancing for Sputnik News.
The Vaccine Chief Dog Muzzle Hoax?
Six words I never thought I'd write together.
Two Hawaii Gun Regulations Struck Down
The laws require that “individuals purchase a handgun ... within 10 days of obtaining a permit to acquire” (Hawaii law requires such a permit) and that “individuals physically bring their firearm to the police department for in-person inspection and registration within five days of acquiring it.”
