"The Law of Pseudonymous Litigation" Now Officially Published

It's Eugene Volokh, The Law of Pseudonymous Litigation, 73 Hastings L.J. 1353 (2022); I hope it's a useful resource for judges, lawyers, professors, students, and even pro se litigants.

I've tried to make it both analytical (setting forth in detail the key policy arguments and the key internal doctrinal structures) and descriptive (citing decisions from courts, especially but not only federal courts, all over the country). It's not particularly normative: I don't offer a bottom line as to when pseudonymity should be allowed and when it shouldn't be. But in my experience, the analytical and descriptive often tends to be more practically useful than the normative, plus I really am torn about the normative in many ways here.

Comments

[DaivdBehar]

The lawyer profession cannot protect witnesses, plaintiffs, other litigants from damaging retaliation. They have to hide. Then you have a fake defendants in defamation. He causes no damage. The people who use the information against the plaintiff are totally immunized by the failed lawyer profession. Litigation privilege is an illusion.

This is another utter failure of the toxic lawyer profession. You stink, and you are in denial about it. You are the stupidest people in the country. Among lawyers, judges are the stupidest. Among judges, Supreme Court Justices are the stupidest. We are being governed by the utterly stupidest of the stupidest. A kid learning to eat with a spoon in Life Skills Class has more common sense, and would be a superior Supreme Court Justice.

[LoneWolfRadio]

That your town features school instruction on how to use a spoon kind of clarifies a lot of things about your comment.

[DaivdBehar]

It is a task for a 3 year old. That is the age when most people become moral. They also learn the meaning of all vs. none vs. some, mentioned in Article I Section 1. The Ivy indoctrinated lawyer dumbass on the Supreme Court remains clueless about these abilities.

[John F. Carr]

First you publish the descriptive Restatement of the Law (pseudonymous litigation). When the hook is set you start adding normative statements in the next edition.