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The Latest Breaking News from Doe

Presumption Against Sealed Motions to Seal

From Doe v. City of N.Y., decided Wednesday by Judge Laura Taylor Swain (S.D.N.Y.): Courts within this Circuit have tended to treat a motion to seal as a judicial document that is entitled to a strong presumption of public access. McGill v. Univ. of Rochester, No. 10-CV-6697, 2013 WL 5951930,…

Reason

Ninth Circuit Reverses "Provisional" Sealing of Appellate Brief in Interesting Free Speech Case

Appellate briefs need to be treated as public documents, and (I argued) shouldn't be "provisionally" sealed for months or years without findings that such sealing (or, more often, redaction) is genuinely necessary.

Reason

No Pseudonymity in Doctor's Disability Law Case

From Judge Dan Polster's opinion today in Koe v. Univ. Hospitals Health Sys., Inc. (N.D. Ohio): Plaintiff states that he was a resident physician in the Case Western Reserve University/University Hospitals Cleveland Medical Center residency program beginning in June 2019. He also states that he is a qualified individual with…

Reason

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Court Rejects Avas Flowers' Libel Claims

"The allegedly defamatory nature of this statement is the implication that Plaintiff holds itself out as a local business when it is not. But truth is an affirmative defense to defamation under Delaware law, and the ... Declaration [submitted by Avas] does not deny that Plaintiff maintains call centers abroad…

Reason

Wait, What About Roe?—Pseudonymity and Facial Challenges to Government Action

I've blogged a lot recently about limits on pseudonymous litigation, and readers will have gathered that I think such litigation should generally not be allowed. But "generally" isn't "always" (much more on that here), nor do I think that it should be always. (I explained in my post about Doe…

Reason

Writing About People Who Don't Want to Be Written About

How, if at all, should we try to be nice in an inherently not-nice occupation?

Reason

Court Refuses to Order Me to Remove References to Frequent Litigant from Law Review Article

My argument: "Petitioner Jane Doe—a frequent unsuccessful litigant—is asking this Court to impose unconstitutional prior restraint to prevent a law professor from writing about important, publicly available cases about pseudonymity."

Reason

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No Pseudonymous Libel Litigation, Holds Kentucky Court of Appeals in a Covington Boys Case

From Doe v. Flores, decided Friday by the Kentucky Court of Appeals (Judge Donna Dixon, joined by Chief Judge Denise Clayton and Judge Sara Walter Combs): John Does 1-10 … were minor students of Covington Catholic High School. On January 18, 2019, Does traveled with their classmates to Washington, D.C.,…

Reason

No Sealing of Files in Eviction Proceedings

From Barfield v. Doe, decided today by the Florida Court of Appeal, in an opinion by Judge Jeffrey Kuntz, joined by Judges Martha Warner & Edward Artau: The litigants in the eviction proceeding sought to shield an entire court file from public disclosure. They argued a landlord filed an eviction…

Reason

Draft Motion to Get Access to an Interesting (but Sealed) Appellant's Brief in a First Amendment Case

Should an appellate court provisionally seal a brief until the case is heard on the merits? Or should it try to make a redacted version promptly available?

Reason

'Mato Anomalies' preview: Compelling Persona noir vibes in neo-futuristic Shanghai

Investigate mysterious happenings in 'Mato Anomalies' as Detective Doe, who gets caught up with a dude who can jump into pocket dimensions.

Inverse

Protecting People from Their Own Religious Communities: Judicial Evaluation of a Religious Community's Qualities

This new article of mine will be coming out next year in the Journal of Law and Religion, and I thought I'd serialize it here; there's still plenty of time for editing, so I'd love to hear people's feedback. Here's Part III (Part II is more doctrinal, so I'm skipping…

Reason

Protecting People from Their Own Religious Communities: Subpoenas, Political Disclosures, Public Records

Reason

Protecting People from Their Own Religious Communities: Pseudonymity of Litigants

Reason

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Reason

No Pseudonymity in Disability Discrimination Lawsuit Over State Bar Character & Fitness Inquiry

"[H]arm to one's reputation or injury to one's standing in the community does not warrant a deviation from the strong presumption of public access[.]"

Reason

Let's talk about 8 U.S.C. § 1252(f)(1) and Justice Barrett's concurrence in Biden v. Texas

As (yet another) Texas v. U.S. slides from the shadow docket to the rocket docket

Reason

Title IX, First Amendment, Religious Universities, and Alleged Blackmail

In yesterday's decision in Doe v. Dordt Univ., Judge C.J. Williams (N.D. Iowa) allowed much of Doe's unfair-Title-IX-discipline claim to go forward; the decision is long, but here's an excerpt to give the flavor of the dispute: First, a reasonable jury could find that the undisputed evidence shows an articulable…

Tribune News Service

District court rules many Minnesota abortion restrictions unconstitutional

MINNEAPOLIS — A district court judge has ruled many Minnesota laws restricting abortion access violate the state Constitution, a significant victory for abortion rights groups just weeks after the fall of Roe v. Wade.

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Reason

Wisc. S. Ct. (4-3): Plaintiffs Challenging School Transgender Policy Can't Conceal Identities from Defendants' Counsel

From Doe 1 v. Madison Metro. School Dist., decided Thursday by the Wisconsin Supreme Court, in an opinion by Justice Brian Hagedorn joined by Justices Ann Walsh Bradley, Rebecca Frank Dallet, and Jill Karofsky: This case involves a constitutional challenge by parents to a school district policy. The substantive issues,…

Tribune News Service

Judge orders Texas not to investigate two more families with transgender children

AUSTIN, Texas — A Texas judge on Friday issued an injunction prohibiting the Texas Department of Family and Protective Services from pursuing child abuse investigations into two more families with transgender children.

Reason

The 3-3-3 Court on the Merits Docket and the Shadow Docket

On June 18, 2021, I wrote, "We don't have a 6-3 Conservative Court. We have a 3-3-3 Court." I'm not sure if I was the first person to coin the phrase 3-3-3 Court, but I was one of the first. And I elaborated on this theme in a Newsweek column,…

Reason

6th-Grade Lesson About Hammurabi with "How Will You Punish This Slave?" Question Not Illegal "Harassment"

From Judge James Peterson's decision Friday in Ervins v. Sun Prairie Area School Dist. (W.D. Wis.): February 1 was the first day of Black History Month, so Black history was part of the curriculum at the time [at a Sun Prairie middle school]. Sixth graders were also beginning a unit…

Pioneer Press

What does overturning Roe mean for Minnesota? Nothing, but …

MINNEAPOLIS — Abortions remain a legally protected right in Minnesota — but it just became a politically hotter issue for this fall’s elections.

Reason

Anonymity and Pro-Abortion-Rights Initiatives and Referenda

What kind of a showing of possible "harassment" or "reprisals" must backers of such ballot measures make to keep petition signatures (and financial contributions) from becoming public records?

Reason

No Pseudonymity in Challenge to Federal Vaccination Mandate

From Judge John Badalamenti (M.D. Fla.) today in Doe v. Austin: Plaintiffs in this case are thirty-nine individuals who are currently employed by federal executive agencies or federal contractors and have chosen to not receive a COVID-19 vaccination. Pursuant to Executive Orders 14042 and 14043 (the "Vaccination Mandates"), Plaintiffs are…

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