The Volokh Conspiracy
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Interesting Litigation Pseudonyms
In writing my article on pseudonymous litigation, I've noticed that some pseudonyms aren't mainstays such as Doe or Roe, or deliberately common names such as John Smith, but instead are either puns or references to famous (and perhaps topically connected) works. Three in particular come to mind:
- Hester Prynne v. Settle, 848 F. App'x 93 (9th Cir. 2021), where plaintiff was challenging sex offender registry laws (hence the allusion to The Scarlet Letter).
- Carol, Marie & Joseph Danvers v. Loudoun County School Bd., No. 1:21-cv-01028-RDA-JFA4 (E.D. Va. Sept. 13, 2021), a sexual assault case in which the high school student plaintiff's pseudonym is the name of Ms. Marvel/Captain Marvel (and the parents' pseudonyms match Ms. Marvel's parents).
- Femedeer v. Haun, 227 F.3d 1244, 1246 (10th Cir. 2000), where plaintiff was challenging a sex offender notification law. My guess is that Femedeer is a pun on Doe (a deer, a feme deer).
Are there other examples that belong on the list? (I appreciate that the facts of #2 are fairly grim, and I was surprised to see a seemingly frivolous pseudonym in that case, but I assume that this was something that the plaintiff saw as meaningful and positive.)
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Jonas Grumby would be a great pseudonym for maritime law.
All due respect, Professor Volokh. It is your website and all. But the pseudonymous/anonymous litigation topic is not nearly interesting enough to occupy the amount of space you've devoted to it here.
It's better than more Blackman giggling at his own presumed cleverness.
More interesting than your comment.
More informed than your comment.
I learn far more from new topics than old ones.
The Conspirators post on what they find interesting. There is no consequence to you if you don't read any post or series of posts.
I am curious to see what else EV writes about pseudonymous litigation, so I hope he continues these posts until his article is complete.
I agree, it is an interesting topic.
This won't be on the test, so you can just skip reading it.
but it was interesting enough that you felt compelled to comment.
Defendents could avoid scrutiny by anonymizers akin to the way people signed off to Dear Abby such as: 'a Cleveland Baseball Team' or 'the Best Ex-president Ever!'
Sadly (or happily??), "The Simpsons" has forever embiggened that phrase for me.
https://www.youtube.com/watch?v=wcQiYSzwN3c
See, and raise.
No Ben Dover or Seymour Butz?
Fill in your own Gay Marriage joke here.
In Anonymous v Delaware (2000) and Majors v Abell (2003) I had plaintiffs captioned as "Anonymous" in cases about anonymity. Both judges were pretty hostile about it.
If they need a couple more plaintiffs in Carol, Marie & Joseph Danvers v. Loudoun County School Bd. they can always add Linda Lee Danvers and Kara Danvers.
What would you have the plaintiff/victims do, Eugene Volokh? Fully disclose all of their personal information so that nosy lawyers like you can dig up all their details and make them public on your blog in the name of the "public good", while re-victimizing the victims all over again? Do you have any sympathy or civility?
It is totally fair and right that plaintiffs can litigate anonymously especially for heinous crimes like cyberstalking or cyberharassment. If the bully/defendant thinks this is unfair then maybe he shouldn't have stalked or hurt others online to begin with. The ability for plaintiffs to litigate anonymously while calling out the perpetrator/defendant should be a good incentive for potential perpetrators to just not commit crimes / harassment in the first place.
Come on, is it that hard for mentally ill psychos to not commit a crime?
Or to not comment here?
American Free Speech applied to internet behavior needs a new interpretation. Because as of now, stalking or harassing behavior online that harms other people is seen as a "right" for the perpetrator. In most other countries, the perpetrator can get jail time, but in the silly USA, behavior that stalks, abuses, eggs other into suicide as long as it takes place online is seen as a "precious" right. That's sickening, and Eugene Volokh's work contributes to this sick and unfair playing field for victims.
Septuagenarian v. Septuagenarian, 126 Misc. 2d 699 (N.Y. Family Court 1984) (allowing part of an elderly nursing home resident's income to be used for the support of his spouse rather than to reimburse the government for care expenses).