Eugene Volokh

Gary T. Schwartz Professor of Law

UCLA School of Law

405 Hilgard Ave.

Los Angeles, CA 90095

(310) 206-3926

volokh@law.ucla.edu

 

 

Eugene Volokh teaches free speech law, tort law, religious freedom law, church-state relations law, and a First Amendment amicus brief clinic at UCLA School of Law, where he has also often taught copyright law, criminal law, and a seminar on firearms regulation policy. Before coming to UCLA, he clerked for Justice Sandra Day O'Connor on the U.S. Supreme Court and for Judge Alex Kozinski on the U.S. Court of Appeals for the Ninth Circuit.

Volokh is the author of the textbooks The First Amendment and Related Statutes (5th ed. 2013), The Religion Clauses and Related Statutes (2005), and Academic Legal Writing (5th ed. 2013), as well as over 75 law review articles and over 80 op-eds, listed below.  He is a member of The American Law Institute, a member of the American Heritage Dictionary Usage Panel, and the founder and coauthor of The Volokh Conspiracy, a Weblog that gets about 60,000 pageviews per weekday.

Volokh is also an Academic Affiliate for the Mayer Brown LLP law firm; he generally consults on other lawyers' cases, but he has argued before the Seventh Circuit, the Ninth Circuit, the Indiana Supreme Court, the Nebraska Supreme Court, the Texas Court of Criminal Appeals, and has also filed briefs in the U.S. Supreme Court, in the Second, Fifth, Sixth, Eighth, Eleventh, and D.C. Circuits, and state appellate courts in California, Michigan, New Mexico, Texas, Washington, and Wisconsin.

Volokh worked for 12 years as a computer programmer. He graduated from UCLA with a B.S. in math-computer science at age 15, and has written many articles on computer software. Volokh was born in the USSR; his family emigrated to the U.S. when he was seven years old.

Areas of research interest

Cyberspace and the law — free speech, privacy, intellectual property.

Free speech.

Expressive association.

Gun control.

Constitutional and legal history.

Sexual/religious/racial harassment.

Law and medicine.

Information privacy.

Affirmative action, including the California Civil Rights Initiative (CCRI or Prop. 209).

Religious freedom and separation of church and state.

Copyright and intellectual property law.

Same-sex marriage.

Family law.

Restrictions on sexual behavior.

Constitutional law generally.

The Supreme Court.

Criminal justice.

Civil justice.

The Federalist Society.

Media criticism.

Writing.

Politics.

Humor/Puzzles.

Fiction.

Other.

Awards / Honors.

 

Cyberspace and the Law

First Amendment Protection for Search Engine Search Results, 8 J. L. Econ. & Pol. 883 (2012) (with Donald M. Falk) (white paper commissioned by Google).

The Future of Books Related to the Law?, 108 Michigan L. Rev. 823 (2010).

Crime-Facilitating Speech, 57 Stanford Law Review 1095 (2005) (shorter version, recommended).

Freedom of Speech and Information Privacy: The Troubling Implications of a Right to Stop Others from Speaking About You, 52 Stanford Law Review 1049 (2000).

Freedom of Speech, Cyberspace, Harassment Law, and the Clinton Administration, 63 Law and Contemporary Problems 299 (2000).

Freedom of Speech, Shielding Children, and Transcending Balancing, 1997 Supreme Court Review 141.

Freedom of Speech in Cyberspace from the Listener's Perspective, 1996 University of Chicago Legal Forum 377.

Cheap Speech and What It Will Do, 104 Yale Law Journal 1805 (1995), reprinted in First Amendment Law Handbook, 1996-97, p. 53 (Swanson ed.).

Scholarship, Blogging, and Trade-Offs: On Discovering, Disseminating, and Doing, 84 Wash. U. Law Review 1089 (2007).

Law Reviews, the Internet, and Preventing and Correcting Errors, 116 Yale L.J. Pocket Part 4, Sept. 6, 2006.

Written Testimony Regarding Freedom of Speech and Information Privacy, U.S. House of Representatives Subcommittee on Commerce, Trade, and Consumer Protection, Mar. 1, 2000.

How May Cyberspace Change American Politics?, 34 Loyola (Los Angeles) Law Review 1213 (2001)~.

Cheap Speech and What It Will Do (revised version of Yale Law Journal article), 1 The Communications Review 261 (1996).

A Reply to Brian Winston, Rob Kling, C. Edwin Baker, and Carolyn Marvin, 1 The Communications Review 337 (1996).

Computer Media for the Legal Profession, 94 Michigan Law Review 2058 (1996)~.

Technology and the Future of Law, 47 Stanford Law Review 1375 (1995) (book review of Ethan Katsh's Law in a Digital World)~.

Personalization and Privacy, Communications of the ACM (Association for Computing Machinery), August 2000, vol. 43, issue 8, at 84, reprinted in Competitive Enterprise Institute, The Future of Financial Privacy ch. 10 (2000).

Review coordinator, National Academy of Sciences Computer Science and Telecommunications Board Report, Youth, Pornography, and the Internet: Can We Provide Sound Choices in a Safe Environment (2002).

Cyberspace Law for Non-Lawyers, an electronic e-mail seminar with over 17,000 subscribers (with Larry Lessig and David Post).

Fresh Produce in the Marketplace of Ideas, New Orleans Times-Picayune, March 3, 2005.

Underfire: Dismissing Controversial Professor Would Set a Frightening Precedent, Rocky Mountain News, Feb. 5, 2005.

You Can Blog But You Can't Hide, N.Y. Times, Dec. 2, 2004, reprinted in L.A. Daily News, Dec. 3, 2004, p. N17, and Lanahan Readings in Media and Politics 159 (Lewis S. Ringel ed., 2009).

Porn Free, Wall Street Journal, June 30, 2004.

Obscenity Crackdown—What Will the Next Step Be?, Cato TechKnowledge, April 12, 2004.

The Future of Internet Speech, techcentralstation.com, Dec. 5, 2002.

Where Obscenity Meets Speech, techcentralstation.com, June 6, 2002.

Squeamish Librarians, reason.com, June 4, 2001.

Paper Books? They're So 20th Century, Wall Street Journal, May 30, 2000, p. A26.

Facts Debunk Internet Myth, Lima (Ohio) News, Aug. 27, 1997.

Speech and Spill-Over, Slate Magazine, July 18, 1996.

Chilled Prodigy, Reason Magazine, Aug. 1995, p. 49.

Free Speech

Freedom for the Press as an Industry, or for the Press as a Technology? -- From the Framing to Today, 160 University of Pennsylvania Law Review 459 (2012).

Private Employees' Speech and Political Activity: Statutory Protection Against Employer Retaliation, 16 Texas Review of Law & Politics 295 (2012).

The Trouble with the “Public Discourse” Test as a Limitation on Free Speech Rights, 97 Virginia Law Review 567 (2011).

In Defense of the Marketplace of Ideas / Search for Truth as a Theory of Free Speech Protection, 97 Virginia Law Review 595 (2011).

Tort Liability and the Original Meaning of the Freedom of Speech, Press, and Petition, 96 Iowa Law Review 249 (2010).

Symbolic Expression and the Original Meaning of the First Amendment, 97 Georgetown Law Journal 1057 (2009).

Freedom of Expressive Association and Government Subsidies, 58 Stanford Law Review 1919 (2006).

Parent-Child Speech and Child Custody Speech Restrictions, 81 NYU Law Review 631 (2006).

Deterring Speech: When Is It "McCarthyism"? When Is It Proper?, 93 California Law Review 1413 (2005).

Crime-Facilitating Speech, 57 Stanford Law Review 1095 (2005) (shorter PDF version, recommended).

Speech as Conduct: Generally Applicable Laws, Illegal Courses of Conduct, "Situation-Altering Utterances," and the Uncharted Zones, 90 Cornell Law Review 1277 (2005), reprinted in First Amendment Law Handbook 314 (Rodney A. Smolla ed. 2005-06).

Pragmatism vs. Ideology in Free Speech Cases, 99 Northwestern U. Law Review 33 (2004).

The Mechanisms of the Slippery Slope, 116 Harvard Law Review 1026 (2003) (HTML version) (shorter PDF version, recommended) (10-page version cowritten with Ward Farnsworth as chapter in Farnsworth's The Legal Analyst).

The First Amendment and Related Statutes: Law, Cases, Problems, and Policy Arguments (Foundation Press, 3d ed. 2007).

Testimony Regarding Freedom of Speech and Ratings Agencies, U.S. House of Representatives Subcommittee on Capital Markets, Insurance, and Government Sponsored Enterprises, May 15, 2009.

Written Testimony Regarding Freedom of Speech and Information Privacy, U.S. House of Representatives Subcommittee on Commerce, Trade, and Consumer Protection, Mar. 1, 2000.

Seven law review articles, several op-eds, one practitioner article, and one Web site on Free Speech and Workplace Harassment Law, listed below.

Five law review articles, several op-eds, and an online seminar on Free Speech and Cyberspace, listed above.

Amicus Curiae Brief: Boundaries of the First Amendment’ “False Statements of Fact” Exception, 6 Stanford Journal of Civil Rights and Civil Liberties 343 (2010).

 

Freedom of Speech and the Intentional Infliction of Emotional Distress Tort, 2010 Cardozo L. Rev. de novo 300.

Freedom of Speech and Intellectual Property: Some Thoughts After Eldred, 44 Liquormart, and Bartnicki, 40 Houston Law Review 697 (2003), reprinted in 3 The ICFAI Journal of International Business Law 47 (2004) (Hyderabad, India).

Freedom of Speech and the Right of Publicity, 40 Houston Law Review 903 (2003).

Why Buckley v. Valeo Is Basically Right, 34 Arizona State Law Journal 1095 (2003) (PDF version).

How the Justices Voted in Free Speech Cases, 1994-2000, 48 UCLA Law Review 1191 (2001).

Freedom of Speech and Speech About Political Candidates: The Unintended Consequences of Three Proposals, 24 Harvard Journal of Law & Public Policy 47 (2000).

Freedom of Speech and Injunctions in Intellectual Property Cases, 48 Duke Law Journal 147 (1998) (with Mark Lemley).

Freedom of Speech and Independent Judgment Review in Copyright Cases, 107 Yale Law Journal 2431 (1998) (with Brett McDonell).

Freedom of Speech, Permissible Tailoring and Transcending Strict Scrutiny, 144 University of Pennsylvania Law Review 2417 (1996).

Freedom of Speech and the Constitutional Tension Method, 3 University of Chicago Roundtable 223 (1996).

A Penumbra Too Far, 106 Harvard Law Review 1639 (1993) (with Judge Alex Kozinski).

Freedom of Speech and of the Press, in The Heritage Guide to the Constitution 311 (2005).

Intellectual Property Law and the First Amendment, Encyclopedia of the U.S. Constitution 1377 (Leonard Levy & Kenneth Karst eds. 2000).

Workplace Harassment and the First Amendment, I, Encyclopedia of the U.S. Constitution 2925 (Leonard Levy & Kenneth Karst eds. 2000) (debating Catharine A. MacKinnon).

No 'Heckler's Veto', N.Y. Times Room for Debate blog, Sept. 20, 2010.

On Free Association, the Court Makes the Right Call, N.Y. Daily News online, June 29, 2010.

How Corporate Money Will Reshape Politics, N.Y. Times Room for Debate blog , Jan. 21, 2010.

Flag Burning and Free Speech, Wall Street Journal, July 3, 2009.

A Gag Order on Parents?, Los Angeles Times, Feb. 6, 2007, at A17, reprinted in Atlanta Journal-Constitution, Feb. 9, 2007; St. Petersburg Times, Feb. 10, 2007; Newsday, Feb. 12, 2007, at A37; Newark Star-Ledger, Feb. 12, 2007, at 17; Korea Herald, Feb. 2007; The Peninsula (Qatar), Feb. 2007.

Burying Funeral Protests, National Review Online, March 23, 2006.

Forget Free Speech? (debate with Geoffrey Stone), Legal Affairs, March 21-25, 2005.

Porn Free, Wall Street Journal, June 30, 2004.

Sometimes, the Politically Correct Really Are Correct, GlennReynolds.com, Sept. 22, 2004.

Obscenity Crackdown—What Will the Next Step Be?, Cato TechKnowledge, April 12, 2004.

First Myths, National Review Online, Jan. 5, 2003.

Nike and the Free-Speech Knot, Wall Street Journal, June 30, 2003, p. A16.

Club Codes: The Slippery Slope Hits the Local Elks, National Review Online, June 25, 2003.

Does Pfc. Jessica Lynch Own the Movie Rights to Her Life?, Slate Magazine, Apr. 14, 2003.

Burning to Say Something, Wall Street Journal, Apr. 9, 2003, p. A12.

The Right to Oppose, National Review Online, Feb. 7, 2003.

The Future of Internet Speech, techcentralstation.com, Dec. 5, 2002.

Coding Campus, National Review Online, Nov. 21, 2002.

Shift Shows: Conservatives and Liberals Show Their New True Colors in Republican Party v. White, National Review Online, June 28, 2002.

The U.S. Constitution Says We All Have to Live With Being Offended (criticism of the proposed flag burning amendment), Los Angeles Times, July 18, 2001, reprinted in Milwaukee Journal & Sentinel, July 23, 2001, at 7A, Virginian Pilot, July 23, 2001, Ft. Lauderdale Sun-Sentinel, July 25, 2001, at 25A, and Moscow Times, July 25, 2001, at 7.

Regulating Reporters' Revelations, Los Angeles Daily Journal, June 11, 2001, at 6.

Free Speech Is Nothing to Fear, Wall Street Journal, Apr. 3, 2001, p. A24.

When the Justices are Unpredictable, New York Times, Oct. 30, 2000, p. A27.

Taxation Isn't Censorship, Wall Street Journal, Mar. 23, 2000, p. A22.

How Free Is Speech When the Government Pays?, Wall Street Journal, June 29, 1998, p. A18.

Expressive Association

Freedom of Expressive Association and Government Subsidies, 58 Stanford Law Review 1919 (2006).

Sexual/Religious/Racial Harassment

Freedom of Speech vs. Workplace Harassment Law, a comprehensive Web site for lawyers, academics, students, writers, and laypeople, containing updated and edited excerpts of various law review articles on free speech and workplace harassment law.

Speech as Conduct: Generally Applicable Laws, Illegal Courses of Conduct, "Situation-Altering Utterances," and the Uncharted Zones, 90 Cornell Law Review 1277 (2005).

Freedom of Speech, Religious Harassment Law, and Religious Accommodation Law, 33 Loyola University of Chicago Law Journal 57 (2001).

Freedom of Speech, Cyberspace, Harassment Law, and the Clinton Administration, 63 Law and Contemporary Problems 299 (2000) (PDF version).

What Speech Does "Hostile Work Environment" Harassment Law Restrict?, 85 Georgetown Law Journal 627 (1997), excerpted in Women's Freedom Network, Rethinking Sexual Harassment pp. 18-23 (Cathy Young ed. 1988) and Ethical Theory and Business (Tom L. Beauchamp & Norman E. Bowie eds. 2003).

Thinking Ahead About Freedom of Speech and "Hostile Work Environment" Harassment, 17 Berkeley Journal Employment & Labor Law 305 (1996).

Freedom of Speech and Appellate Review in Workplace Harassment Cases, 90 Northwestern University of Law Review 1009 (1996).

How Harassment Law Restricts Free Speech, 47 Rutgers Law Journal 561 (1995) (replying to Suzanne Sangree's response to my Freedom of Speech and Workplace Harassment).

Freedom of Speech and Workplace Harassment, 39 UCLA Law Review 1791 (1992), excerpted in Judi Greenberg, Dorothy Roberts & Martha Minow, Women and the Law Casebook pp. 287-95 (2nd ed. 1998), Women and Work pp. 33-45 (Greenberg, Roberts & Frug eds. Supp. 1997), Marcia Canavan, Woman’s Law pp. 397-405 (2000), and Paul E. Weizer, Sexual Harassment: Cases, Case Studies & Commentary 189-211 (2002).

Workplace Harassment and the First Amendment, I, Encyclopedia of the U.S. Constitution 2925 (Leonard Levy & Kenneth Karst eds. 2000) (debating Catherine A. McKinnon).

A Practitioner's Guide to the First Amendment Defense in Hostile Environment Harassment Cases, 12 California Labor & Employment Law Quarterly no. 3, p. 20 (1998) (with Ann Swarzburg Wexler).

A Hostile Environment for Free Speech, printed under various titles in Atlanta Journal-Constitution and Albany Times Union, Apr. 12, 2000, Las Vegas Review-Journal, Apr. 13, 2000, Montgomery Advertiser, Apr. 15, 2000, Charleston Gazette & Daily Mail, Apr. 16, 2000, Washington Times, May 11, 2000, and eight other newspapers.

Eenie, Meenie, Minie . . . Lawsuit, UCLA Today, Feb. 25, 2003.

Squeamish Librarians, reason.com, June 4, 2001.

Is Criticizing Affirmative Action Illegal in Chicago?, Jewish World Review, Aug. 30, 1999.

Was Wright Wrong? Who Knows?, Wall Street Journal, Apr. 3, 1998, p. A18.

Dialogue — Free Speech vs. Workplace Harassment, Slate Magazine, Sept. 17, 1997.

A National Speech Code from the EEOC, Washington Post, Aug. 22, 1997, p. A23; reprinted as Bureaucrats Trying to Halt Free Speech at Workplace Door, Rocky Mountain News (Denver), Aug. 31, 1997, p. 4B; and as A National Speech Code Courtesy of the EEOC, Chicago Tribune, Sept. 14, 1997, p. 21.

Rights Trampled in Workplace, Montgomery Advertiser, July 4, 1997; adapted into editorial in Daily Oklahoman, Aug. 6, 1997, p. 4.

Harassment Law Flirts With Speech Suppression, Wall Street Journal, June 28, 1995, p. A19.

If Everything Is Harassment, Then Nothing Is, Baltimore Sun, Jan. 12, 1995, p. 19A, also printed in the L.A. Daily News and the Deseret News.

The Dangerous Drift of "Harassment" in From Data to Public Policy: Affirmative Action, Sexual Harassment, Domestic Violence and Social Welfare, p. 43 (Rita Journal Simon ed. 1996).

Law and Medicine

Medical Self-Defense, Prohibited Experimental Therapies, and Payment for Organs, 120 Harvard Law Review 1813 (2007), featured in The 7th Annual Year In Ideas, N.Y. Times, Dec. 9, 2007 (under Right to Medical Self-Defense, The), and reprinted in Right of Private Defense: Expanding Horizons 96 (P. Satyanarayana Prasad ed., The Icfai University Press [Hyderabad, India] 2008).

Information Privacy

Written Testimony Regarding Freedom of Speech and Information Privacy, U.S. House of Representatives Subcommittee on Commerce, Trade, and Consumer Protection, Mar. 1, 2000.

Freedom of Speech and Information Privacy: The Troubling Implications of a Right to Stop Others from Speaking About You, 52 Stanford Law Review 1049 (2000).

Big Brother Is Watching -- Be Grateful!, Wall Street Journal, March 26, 2002, at A22, reprinted with some changes as The Benefits of Surveillance, The Responsive Community, Fall 2002, at 9.

Personalization and Privacy, Communications of the ACM (Association for Computing Machinery), August 2000, vol. 43, issue 8, at 84.

Affirmative Action and the California Civil Rights Initiative (Proposition 209)

Legal Advisor, Yes on Proposition 209 campaign.

Written Testimony Regarding the Constitutionality of Federal Transportation Contract Set-Asides, Senate Subcommittee on the Constitution, Federalism, and Property Rights, Oct. 1, 1997.

Oral Testimony Regarding A.B. 1700, proposed California law repealing various programs outlawed by Prop. 209, Apr. 21, 1998.

Racial and Ethnic Classifications in American Law, in Beyond the Color Line: New Perpsectives on Race and Ethnicity in America 309 (Abigail Thernstrom & Stephan Thernstrom eds. 2002).

Judging Clarence Thomas, msnbc.com (glennreynolds.com), June 27, 2003.

Racial Politics at the Supreme Court, Wall Street Journal, Oct. 12, 1998, p. A19, reprinted in Los Angeles Daily Journal, Oct. 28, 1998, and Harvard Law Record, Oct. 23, 1998.

Making Hay With Shifty Labels, Los Angeles Times, Apr. 9, 1998, p. B9, excerpted in Washington Times, Apr. 10, 1998, p. A6.

The California Civil Rights Initiative: An Interpretive Guide, 44 UCLA Law Review 1335 (1997).

Diversity, Race as Proxy, and Religion as Proxy, 43 UCLA Law Review 2059 (1996).

Two Wrongs Don't Make a Right, Jewish Journal (Los Angeles), Oct. 25-31, 1996, p. 12; also reprinted in the Jewish Voice (Sacramento), Nov. 1996, p. 9; and the Jewish Bulletin (San Francisco), Oct. 25, 1996, p. 23.

Women Need Not Fear the Civil Rights Initiative, Los Angeles Times, Jan. 24, 1996, p. B9 (with Sally Pipes).

Religious Freedom and Separation of Church and State

The First Amendment and Related Statutes: Law, Cases, Problems, and Policy Arguments (published by Foundation Press, 3d ed. 2007).

The Religion Clauses and Related Statutes: Law, Cases, Problems, and Policy Arguments (published by Foundation Press 2007).

Freedom of Speech, Religious Harassment Law, and Religious Accommodation Law, 33 Loyola University of Chicago Law Journal 57 (2001) (PDF version).

Intermediate Questions of Religious Exemptions — A Research Agenda With Test Suites, 21 Cardozo Law Review 595 (1999) (PDF version).

Equal Treatment Is Not Establishment, 13 Notre Dame Journal of Law, Ethics & Public Policy 341 (1999).

A Common-Law Model for Religious Exemptions, 46 UCLA Law Review 1465 (1999), excerpted in  The First Amendment: The Free Exercise of Religion Clause 232 (Thomas C. Berg ed. 2009).

Written Testimony Regarding Proposed Religious Land Use Statute (AB 600), California Assembly Committee on Local Government, Jan. 13, 2004.

Under the Veil: Religious Exemption and Muslims, National Review Online, June 22, 2007.

Oh Say, Can You Swear on a Koran?, National Review Online, Nov. 29, 2006.

This Old Church, Wall Street Journal, June 10, 2003.

Vouched For, The New Republic, July 6, 1998, p. 12; reprinted in the Sacramento Bee, July 5, 1998, p. F03 and in Marshall Journal Breger & David M. Gordis (eds.), Vouchers for School Choice: Challenge or Opportunity?-An American Jewish Reappraisal 121-25 (1998).

Vouchers Mean Equality, not Preference or Discrimination, N.J. Jewish News, Nov. 19, 1998.

Diversity, Race as Proxy, and Religion as Proxy, 43 UCLA Law Review 2059 (1996).

Equal Treatment: How Best to Separate Church and State, printed in the L.A. Daily News and the Fresno Bee, July 20, 1998; the Orange County Register, the Las Vegas Review Journal, the St. Petersburg Times, the Vancouver (Wash.) Columbian, and the Champaign (Ill.) News-Gazette, July 19, 1998; and Intellectual Capital, April/May 1998, p. 8.

Finally, Equality for Religious Schools, Cleveland Plain-Dealer, June 30, 1997, p. 9B.

Founder and list operator of the religionlaw@listserv.ucla.edu discussion list, an Internet electronic conference involving many of the top scholars on the law of government and religion.

Constitutional and Legal History

Symbolic Expression and the Original Meaning of the First Amendment, 97 Georgetown Law Journal 1057 (2009).

Thomas Cooper, Early American Public Intellectual, 4 NYU Journal of Law & Liberty 372 (2009).

Elizabeth Ryland Priestley, Early American Author on Free Speech, 4 NYU Journal of Law & Liberty 382 (2009).

“Necessary to the Security of a Free State,” 83 Notre Dame Law Review 1 (2007).

The Commonplace Second Amendment, 73 NYU Law Review 793 (1998).

The Amazing Vanishing Second Amendment, 73 NYU Law Review 831 (1998).

Copyright and Intellectual Property Law

Amicus Brief of Michael Crichton[, Larry David, Jeremiah Healy, Elmore Leonard, Harry Shearer, Ron Shelton, Scott Turow, Paul Weitz, and the Authors Guild, Inc.] in McFarlane v. Twist, 11 UCLA Entertainment Law Review 1 (2004).

Freedom of Speech and Intellectual Property: Some Thoughts After Eldred, 44 Liquormart, and Bartnicki, 40 Houston Law Review 697 (2003).

Freedom of Speech and the Right of Publicity, 40 Houston Law Review 903 (2003).

Written Testimony Regarding the Constitutionality of the GATT Copyright Act of 1994, H.R. 4894 and S. 2368, House Subcommittee on Intellectual Property and Judicial Administration and Senate Subcommittee on Patents, Copyrights and Trademarks, Aug. 12, 1994. [Available on LEXIS.]

Freedom of Speech and Injunctions in Intellectual Property Cases, 48 Duke Law Journal 147 (1998) (with Mark Lemley).

Freedom of Speech and Independent Judgment Review in Copyright Cases, 107 Yale Law Journal 2431 (1998) (with Brett McDonell).

Sovereign Immunity and Intellectual Property, 73 So. Cal. Law Review 1161 (2000).

Intellectual Property Law and the First Amendment, Encyclopedia of the U.S. Constitution 1377 (Leonard Levy & Kenneth Karst eds. 2000).

Does Pfc. Jessica Lynch Own the Movie Rights to Her Life?, Slate Magazine, Apr. 14, 2003.

Same-Sex Marriage

Same-Sex Marriage and Slippery Slopes, 33 Hofstra Law Review 1155 (2006).

Ted Olson's Supreme Court Adventure, N.Y. Times Room for Debate blog, Aug. 18, 2009.

Family Law

Parent-Child Speech and Child Custody Speech Restrictions, 81 NYU Law Review 631 (2006).

Same-Sex Marriage and Slippery Slopes, 33 Hofstra Law Review 1155 (2006).

A Gag Order on Parents?, Los Angeles Times, Feb. 6, 2007, at A17, reprinted in Atlanta Journal-Constitution, Feb. 9, 2007; St. Petersburg Times, Feb. 10, 2007; Newsday, Feb. 12, 2007, at A37; Newark Star-Ledger, Feb. 12, 2007, at 17; Korea Herald, Feb. 2007; The Peninsula (Qatar), Feb. 2007.

Restrictions on Sexual Behavior

The Lonely Optician, OpinionJournal.com (Federation), Jan. 24, 2007.

Constitutional Law Generally

Many law review articles and op-eds on the freedom of speech, mentioned above.

Two law review articles, some op-eds, and other work on equal protection, mentioned above.

Several law review articles and other work on religious freedom and church-state questions, mentioned above.

Three law review articles and other work on constitutional questions related to gun control, mentioned below.

Same-Sex Marriage and Slippery Slopes, 33 Hofstra Law Review 1155 (2006).

Crime Severity and Constitutional Line-Drawing, 90 Virginia Law Review 1957 (2004).

Congress Has Every Right to Judge the Judges, L.A. Times, Feb. 8, 2004.

The Fourth Amendment Meets the War on Terror, Slate Magazine, June 17, 2002.

Dialogue—Civil Liberties in Wartime, Slate Magazine, Sept. 17, 2001.

Sovereign Immunity and Intellectual Property, 73 So. Cal. Law Review 1161 (2000).

Can John Walker Be Stripped of His U.S. Citizenship?, Slate Magazine, Dec. 17, 2001.

A More Conservative Supreme Court May Overturn the 1982 Decision That Guarantees Education to Illegal Alien Children, L.A. Daily News, Nov. 20, 1994, viewpoint sec., p. 5.

Founder and list operator of the conlawprof@listserv.ucla.edu discussion list, an Internet electronic conference for constitutional law scholars.

The Supreme Court

Written Testimony on Judicial Nominations, U.S. Senate Judiciary Committee, Subcommittee on Administrative Oversight and the Courts, June 26, 2001, reprinted in 50 Drake Law Review 475 (2002).

How the Justices Voted in Free Speech Cases, 1994-2000, 48 UCLA Law Review 1191 (2001).

What Kagan Will Bring to the Court, N.Y. Times Room for Debate blog, May 10, 2010.

Doubting Thomas, OpinionJournal.com (Federation), Sept. 27, 2007.

Free Speech Libertarian: Judge Alito Has an Expansive View of the First Amendment, Wall Street Journal, Nov. 13, 2005.

Picking the Contenders, msnbc.com, June 1, 2001.

Racial Politics at the Supreme Court, Wall Street Journal, Oct. 12, 1998, p. A19, reprinted in Los Angeles Daily Journal, Oct. 28, 1998, and Harvard Law Record, Oct. 23, 1998.

When the Justices are Unpredictable, New York Times, Oct. 30, 2000, p. A27.

Gun Control

Older Minors, the Right to Keep and Bear (Almost Entirely) Nonlethal Arms, and the Right to Defend Life, 43 Arizona State Law Journal 447 (2011).

Nonlethal Self-Defense, (Almost Entirely) Nonlethal Weapons, and the Rights To Keep and Bear Arms and Defend Life, 62 Stanford Law Review 199 (2009).

The First and Second Amendments, 109 Columbia Law Review Sidebar 97 (2009).

Implementing the Right To Keep and Bear Arms for Self-Defense: An Analytical Framework and a Research Agenda, 56 UCLA Law Review 1443 (2009).

“Necessary to the Security of a Free State,” 83 Notre Dame Law Review 1 (2007).

The Mechanisms of the Slippery Slope, 116 Harvard Law Review 1026 (2003) (HTML version) (shorter PDF version, recommended).

The Commonplace Second Amendment, 73 NYU Law Review 793 (1998).

The Amazing Vanishing Second Amendment, 73 NYU Law Review 831 (1998).

State Constitutional Rights to Keep and Bear Arms, 11 Texas Rev. of Law & Politics 191 (2006).

The Second Amendment as a Teaching Tool in Constitutional Law Classes, 48 Journal Legal Educ. 591 (1998) (with Bob Cottrol, Sandy Levinson, Scot Powe, and Glenn Harlan Reynolds).

An End to Gun Bans, N.Y. Times Room for Debate blog, Mar. 2, 2010.

Domestic Disputes: Bad Social Science and Bad Legal Policy, National Review Online, June 17, 2003.

In Defense of the Slippery Slope, Legal Affairs, March/Apr. 2003, at 21 (with David Newman).

Who's Right on Second?, National Review Online, Dec. 6, 2002.

City Council Should Not Deny Non-Citizens Rights, Omaha World-Herald, Sept. 21, 2002.

Deciding Who Owns 'Right to Bear Arms', San Jose Mercury News, May 19, 2002.

The Radical Amendment, Wall Street Journal, May 10, 2002, p. A10, reprinted in abridged form in UCLA Today, May 21, 2002, at 7.

Loaded Guns Can Be Good for Kids, Cato Commentary, June 1, 1999, reprinted in conservativenews.com, May 27, 1999 (with David Kopel).

Testimony Regarding the Second Amendment before the Senate Subcommittee on the Constitution, Sept. 25, 1998, reprinted as A Right of the People, California Political Review, Nov./Dec. 1998, p. 23.

Guns and the Constitution, Wall Street Journal, Apr. 12, 1999, at A23, reprinted in Sacramento Bee, Apr. 28, 1999, at B7.

Sources on the Second Amendment and State Constitutional Rights to Keep and Bear Arms, a Web site.

State Constitutional Right to Keep and Bear Arms Provisions, reprinted in The Political Junkie Handbook 285 (Michael Crane ed. 2004); also available sorted by date.

Founder and list operator of the firearmsregprof@listserv.ucla.edu academic discussion list, which focuses on firearms regulation law.

Criminal Justice

Nonlethal Self-Defense, (Almost Entirely) Nonlethal Weapons, and the Rights To Keep and Bear Arms and Defend Life, 62 Stanford Law Review 199 (2009).

Crime-Facilitating Speech, 57 Stanford Law Review 1095 (2005) (shorter PDF version, recommended).

Crime Severity and Constitutional Line-Drawing, 90 Virginia Law Review 1957 (2004).

State Constitutional Rights of Self-Defense and Defense of Property, 11 Tex. Review of Law & Politics 399 (2007).

Victims’ Rights, States Rights, Orange Country Register, April 22, 2004.

Congress Has Every Right to Judge the Judges, L.A. Times, Feb. 8, 2004.

Crime and Punishment, msnbc.com (glennreynolds.com), July 3, 2003.

Forgive and Forget Sex Offenders? Not a Chance, L.A. Times, Mar. 7, 2003, at B15; Newsday, Mar. 18, 2003, at A36; Houston Chronicle, Mar. 17, 2003; Tulsa World, Mar. 16, 2003, at G3.

Capital Complications, National Review Online, Feb. 24, 2003.

The Fourth Amendment Meets the War on Terror, Slate Magazine, June 17, 2002.

Duties to Rescue and the Anticooperative Effects of Law, 88 Georgetown Law Journal 105 (1999), excerpted in Kate E. Bloch & Kevin C. McMunigal, Criminal Law: A Contemporary Approach: Cases, Statutes, and Problems 191-92 (2005).

There Are Some Things We Just Need to Know, Topeka Capital-Journal, Dec. 21, 1997, p. 5A.

Megan's Law: Society Is Entitled to Protect Itself from Predators, Lima (Ohio) News, July 19, 1997.

Civil Justice

Suing the Wrong Party, Wall Street Journal, Jan. 16, 1998.

The Federalist Society

Our Flaw? We're Just Not Liberals, Washington Post, June 3, 2001, at B3.

Media Criticism

Plagiarism and 'Atonement', Wall Street Journal, Dec. 12, 2006, at A18.

What's Wrong with Slate, and Three Ways To Fix It, Slate Magazine, June 19, 2006.

Writing

Academic Legal Writing: Law Review Articles, Student Notes, and Seminar Papers (Foundation Press, 4th ed. 2010) (Japanese translation published 2009).

 

Correcting Students’ Usage Errors Without Making Errors of Our Own, 58 Journal of Legal Educ. 534 (2009).

 

Test Suites: A Tool for Improving Student Articles, 52 Journal of Legal Educ. 440 (2002).

Writing a Student Article, 48 Journal of Legal Educ. 247 (1998), reprinted in part in Law School and Beyond: The IHS Guide to Careers in Legal Academia pp. 13-20, 30 (1999).

Eschew, Evade, and/or Eradicate Legalese, a list of clunky words and phrases and some possible replacements.

                        Politics

President Spock, OpinionJournal Federation, Oct. 10, 2007.

Humor/Puzzles

Lawsuit, Shmawsuit, 103 Yale Law Journal 463 (1993), reprinted in Annals of Improbable Research, p. 6 (Sept./Oct. 1996) (with Judge Alex Kozinski), and featured in David A. Kaplan, Shnook & Shnook, Newsweek, Dec. 13, 1993, at 73.

The Numbers of the Constitution, 13 Green Bag 2d 361 (2010).

The Trojan Doctrine: Trademarks and the Law of the Horse, 8 Texas Review of Law & Politics 259 (2004).

The Lost Maxims of Equity, 52 Journal of Legal Education 619 (2002).

Hum a Few Bar Exam, 2 Green Bag 2d 125 (1998).

Talula Does the Hula from Hawaii, Slate Magazine, July 30, 2008, reprinted in Philadelphia Daily News, July 31, 2008.

"Worse Than Internet Addiction", TechCentralStation.com, Apr. 10, 2002.

See also n Guilty Men, a law review article by Eugene Volokh's brother Alexander Volokh, 146 University of Pennsylvania Law Review 173 (1997).

Fiction

 The Love Charm, Legal Affairs, Sept./Oct. 2003, at 47.

Other

Testimony Before the Subcommittee on Courts and Competition Policy Hearing on Examining the State of Judicial Recusals After Caperton v. A.T. Massey Coal Co., Dec. 10, 2009.

 

Questions of Justice, N.Y. Times, Jan. 14, 2009.

 

Is Anti-Semitism Good for Jews?, OpinionJournal.com Federation, June 6, 2007.

 

Who Doesn’t Have a Nobel Prize Nomination?, L.A. Times, Dec. 4, 2005, p. M1; Chicago Tribune, Dec. 7, 2005, p. C27.

 

Liberals and Moral Relativism, msnbc.com (glennreynolds.com), September 20, 2004.

 

And the Survey Says . . ., msnbc.com (glennreynolds.com), June 27, 2003.

 

Cheney's Supposed Lie, National Review Online, June 30, 2003.

 

Unprecedented Logic: Why slippery-slope arguments against invading Iraq don’t hold water, Slate Magazine, Jan. 18, 2003.

 

Campus Military Perspective, National Review Online, Dec. 5, 2002.

Some Say Deterrence Is Enough . . . But Two Can Play at the Deterrence Game, National Review Online, Sept. 27, 2002.

Courage: America, the Great Unknown, National Review Online, July 3, 2002.

                        Awards / Honors

Honorary Award in the Field of Constitutional Law, Century City Bar Association, 2008.

Selected as one of the Top 100 Lawyers in California, L.A./S.F. Daily Journal, 2005.

Selected as one of the Top 20 Legal Thinkers in America in a highly unscientific poll conducted by Legal Affairs magazine, 2005.

Freedom of Information Award, Society of Professional Journalists, Los Angeles Chapter, 2003.

Paul Bator Award for Excellence in Teaching, Federalist Society for Law & Public Policy, 1999.