Trend Results : Eugene Volokh

Blog Post Results (1-20 of 1923)


“My inference is that the ABA wants to … limit lawyers’ expression of viewpoints that it disapproves of.”

Eugene Volokh on troubling implications for speech of the American Bar Association’s new adoption of rules declaring it a professional responsibility violation for lawyers to express bias in various ways, including in the course of “law-related social activities.” More: ABA Journal, Ron Rotunda/WSJ, Stephen Bainbridge. Show More Summary

The ABA sets forth a de facto speech code for lawyers

(Paul Mirengoff) The American Bar Association has long been a leftist outfit. So it’s not surprising to see its leftism manifested in a new provision in the ABA Model Rules of Professional Conduct — rules that, as Eugene Volokh says, have been adopted by many states as binding on lawyers practicing there. Show More Summary

Investigating the Meaning of the Gadsden Flag

A government agency’s report from a couple of months ago is just now being spread around the web, thanks to law professor Eugene Volokh’s column about it in the Washington Post. The Volokh article is headlined “Wearing ‘Don’t Tread on...Show More Summary

Gadsden flag kerfuffle

The other day, Eugene Volokh wrote in the pages of the Washington Post about the Equal Employment Opportunity Commission’s investigation into a complaint that a black Federal worker filed about a cap that a colleague wore to his federal job which had the Gadsden flag displayed on it. The complainant charges that he’s offended by […]

EUGENE VOLOKH: DePaul’s Double Thug Problem. “The first problem: DePaul seems to think that speake…

EUGENE VOLOKH: DePaul’s Double Thug Problem. “The first problem: DePaul seems to think that speakers and audiences on its campus are in peril from thugs. The second, and more serious, problem: DePaul is responding by giving in to the (presumed) thugs.

Federal EEOC: Wearing Don't Tread on Me Symbol Could be Punishable As a Racial Harassmen

My friends, you have nothing to fear from a Hillary presidency. Eugene Volokh makes this point clear: this is not a case about what dress codes employers may force upon their workers; they have broad discretion in this area. This...

CA Revenge Porn Case Criminalizes Disclosure of Private Facts

There's a disturbing trend playing itself out in California courtrooms according to Eugene Volokh. The trend potentially criminalizes disclosure of private facts, even if the content disclosed isn't actually revenge porn. Court applications of the Cal. Pen. Code sec. 530(a) should chill the public. Since when did the disclosure of......

How California's Identity Fraud Law Has Been Interpreted To Criminalize Defamation, Publicity Rights Violations And More

4 weeks agoIndustries / Law : Techdirt

Eugene Volokh has a somewhat terrifying look at how very broad interpretations of California's identity fraud law, California Penal Code § 530.5(a) has been so broadly interpreted by the courts that it, in effect, creates a crime out of things that were normally considered, at best, civil offenses. Show More Summary

Idaho U.S. Attorney: Spreading false information may violate federal law

(Paul Mirengoff) Eugene Volokh reports on an alarming statement issued by Wendy J. Olson in her capacity as U.S. Attorney for the District of Idaho. Olson stated that “the spread of false information or inflammatory or threatening statements...Show More Summary

Trump vs. Judge Curiel: the non-case for recusal, cont’d

3 months agoIndustries / Law : Overlawyered

Sunday’s post quoted Eugene Volokh to the effect that on current evidence there is no case, not even close, for Judge Gonzalo Curiel to recuse himself in the Trump University litigation. Now Ken White at Popehat has a short explainer of the issues, noting, inter alia, that Trump can’t “earn” recusal by stepping up his […] Trump vs. Show More Summary

NYC HITS PEAK GENDER IDIOCY: Eugene Volokh reports that in NYC, the Human Rights Commission advises…

NYC HITS PEAK GENDER IDIOCY: Eugene Volokh reports that in NYC, the Human Rights Commission advises that you can be fined if you don’t refer to someone by the name and crackpot pronoun (“ze,” “hir”) that they prefer. Could you imagine being a business owner in NYC […]

Campus climate roundup

4 months agoIndustries / Law : Overlawyered

Department of Justice: we’re going to use that Dear Colleague Title IX letter as a basis for prosecution, and colleges are going to need to crack down on speech if they want to stay in compliance [Eugene Volokh, Scott Greenfield, and...Show More Summary

"State court partly blocks Seattle trash recycling/composting requirements, because of risk of unconstitutional searches."

Eugene Volokh notes the case of Bonesteel v. City of Seattle. Now you, learned reader, are doubtless wondering, “But what about California v. Greenwood, in which the U.S. Supreme Court held that Fourth Amendment protections don’t generally apply to garbage?” And of course you’re right to so wonder; Greenwood concluded that....Ha ha. Show More Summary

When does an argument against vegetarianism become harassment akin to racial harassment — based on someone's belonging to a particular group?

Eugene Volokh calls attention to the case of a 6th-grader who was punished — 5 lunch-hour detentions — for telling a fellow student "it’s not good to not eat meat" and that "he should eat meat because he’d be smarter and have biggerShow More Summary

Trump Has Lost 3 Out of 4 GOP-Only Votes

Eugene Volokh, Washington Post: [S]o far the primary calendar has been heavily tilted toward open primaries. But there have been four closed elections: the Iowa caucus, the Nevada caucus, and Super Tuesday's Oklahoma primary and Alaska caucus. Show More Summary

Justice Alito dissents from the Supreme Court's declining to take a case in which it seems that North Carolina, in violation of the Free Exercise Clause, discriminated against a Jewish prisoner.

Eugene Volokh has some details:Ben-Levi is serving a life sentence for a 1980 rape; at some point, he changed his name to Israel Ben-Levi, and either converted to Judaism or rediscovered Judaism; he now wants to engage in group Torah study with two other inmates. Show More Summary

Crime and punishment roundup

6 months agoIndustries / Law : Overlawyered

Unfounded prosecution of Texas Gov. Rick Perry dropped [Austin American-Statesman, Eugene Volokh, earlier] Mens rea: “The American Civil Liberties Union has discovered yet another civil liberty it isn’t interested in defending” [Robby...Show More Summary

EUGENE VOLOKH: Ban under-25-year-olds from owning guns? Not so fast. Nowadays, I basically assume …

EUGENE VOLOKH: Ban under-25-year-olds from owning guns? Not so fast. Nowadays, I basically assume that every “gun safety” proposal is just a lying liar’s attempt at salami-slicing the basic right away. And I’m seldom, if ever, wrong...

December 30 roundup

8 months agoIndustries / Law : Overlawyered

Federal Circuit court of appeals says government can’t deny trademark as “disparaging” just because it frowns on its expressive content, implications are favorable for Washington Redskins in their legal case [Eugene Volokh, Paul Alan...Show More Summary

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