From Smosh — very funny. Thanks to Opposing Views for the pointer.
Author Archive | Eugene Volokh
First You Let Men Marry Other Men, Next Thing You Know They Start Marrying Lawsuits
If only English were more like a programming language — and if only readers were more like computers — we could just use parentheses to keep subtitles like this from being jarring: Attorneys for the man suing James Cameron say they have discovered that the woman presiding over the case’s husband has worked with 20th […]
Court Enforces Religious Arbitration Agreement, Over Objection of Plaintiff
By Eugene Volokh on October 15, 2013 3:05 pm in Foreign and Religious Law in American Courts, Religion and the Law
In Spivey v. Teen Challenge Inc. (Fla. Ct. App. Oct. 11, 2013), Pamela Spivey’s son, Nicklaus Ellison, then age 19, “enrolled in a year-long program at Teen Challenge’s substance abuse facility,” which “assist[s] young men in overcoming addiction through the application of biblical principles.” Ellison fell off the wagon several times, and eventually died from […]
Live With a Foreigner Who Doesn’t Have a Green Card? You Must Keep Your Guns Locked Up
That’s what the newly enacted Cal. Penal Code § 25135, just signed by Gov. Brown, would do (on pain of criminal punishment) [note UPDATE below]: A person who is 18 years of age or older, and who is the owner, lessee, renter, or other legal occupant of a residence, who owns a firearm and who […]
Hitting 12-Year-Old Child with Wooden Spoon Need Not Be “Child Abuse,” Even If It Leaves Bruises
So holds the California Court of Appeal in Gonzalez v. Santa Clara County Dep’t of Social Servs. (Cal. Ct. App. Oct. 8, 2013). The court does not holds that such behavior can never be child abuse, but it concludes that the Department of Social Services and the court below didn’t sufficiently consider the possibility that […]
DeTocqueville v. Blackstone
Two fun quotes: [From Alexis deTocqueville, Democracy in America:] Nothing could be more obscure and out of reach of the common man than a law founded on precedent…. A French lawyer is just a man of learning, but an English or an American one is somewhat like the Egyptian priests, being, as they were, the […]
May Employer Fire Employee Based on Employee’s Reasonable On-the-Job Self-Defense?
Generally speaking, private employers may terminate their relationship with employees for any reason, or no reason at all — that’s the “employment at will” principle. There are two main legal constraints on this. The first is contractual, for instance some sort of union contract or tenure contract. The second is statutory, such as bans on […]
Einstein, “the Swiss Physicist”
So he is labeled by an L.A. Times story today. That seems odd to me. Einstein did do most of his most famous work while in Switzerland, and, according to Wikipedia, maintained his Swiss citizenship until his death. But he spent fewer than 20 years of life in Switzerland, and my sense is that he […]
“Justice Kennedy on … Blogging,” and on Orin
From the Wall Street Journal Law Blog: Q: Chief Justice John Roberts, among others, has criticized law reviews for publishing articles on obscure subjects that offer little assistance to the bar and bench. I understand you agree — but have found a substitute. A: Professors are back in the act with the blogs. Orin Kerr, […]
“Jew” — Ethnicity or Religion?
The Religious Kidnapping-for-Hire Ring thread has brought up the old dispute about what the term “Jew” refers to. One commenter wrote, “Jew” has been a racial (as opposed to a religious) descriptor for, let’s say, at least the last century, and there’s not much to be done about it now. “Jews” as a category includes […]
Texas Lawyers Interested in Being Pro Bono Local Counsel for a Fun Media Law Case?
The UCLA First Amendment Amicus Brief Clinic that I’m teaching will be filing a brief in a fun Texas media law case, and we need pro bono local counsel, for help with filing and for review for compliance with Texas formatting details. (We’ll pay any filing and printing fees.) Might any of you folks be […]
Class Action Litigation
People who follow class action litigation are doubtless familiar with the “smelly washer” cases (see also here and here). The Sixth Circuit and the Seventh Circuit (per Judge Posner) allowed consumer class actions based on alleged washing machine design defects to go forward, the Supreme Court reversed and remanded the cases for reconsideration in light […]
Prosecution of Religious Kidnapping-for-Hire Ring
From the Criminal Complaint in United States v. Epstein (D.N.J. filed Oct. 7, 2013): I. According to Jewish law, in order to effect a divorce, a husband must provide his wife with a document known as a “get.” Although a divorce may only be initiated by the husband issuing a get, the wife has the […]
Google Analytics Frequency & Recency Report Question
Anyone out there who understands Google Analytics Frequency & Recency reports? I’m trying to figure out what ours means, and I’m just not getting some things about it; though I have read pages that purport to explain it, some things still don’t make sense. Please e-mail me at volokh at law.ucla.edu if you’d be willing […]
Clark Neily’s Book on Judicial Engagement
Clark Neily of the Institute for Justice guest-blogged here about “judicial engagement” last year, so I thought I’d note his new book, Terms of Engagement: How Our Courts Should Enforce the Constitution’s Promise of Limited Government. Here’s the Amazon summary (paragraph breaks added): Government at every level is too big, too powerful, and too intrusive. […]