Eugene Volokh (; born Yevhen Volodymyrovych Volokh (); February 29, 1968)
is an American
legal scholar
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the a ...
known for his scholarship in
American constitutional law and
libertarianism
Libertarianism (from ; or from ) is a political philosophy that holds freedom, personal sovereignty, and liberty as primary values. Many libertarians believe that the concept of freedom is in accord with the Non-Aggression Principle, according t ...
as well as his prominent legal blog, ''
The Volokh Conspiracy''. Volokh is regarded as an expert on the
First Amendment
First most commonly refers to:
* First, the ordinal form of the number 1
First or 1st may also refer to:
Acronyms
* Faint Images of the Radio Sky at Twenty-Centimeters, an astronomical survey carried out by the Very Large Array
* Far Infrared a ...
, and the
Second Amendment.
He is currently the Thomas M. Siebel Senior Fellow at the
Hoover Institution
The Hoover Institution (officially The Hoover Institution on War, Revolution, and Peace and formerly The Hoover Institute and Library on War, Revolution, and Peace) is an American public policy think tank which promotes personal and economic ...
at
Stanford University
Leland Stanford Junior University, commonly referred to as Stanford University, is a Private university, private research university in Stanford, California, United States. It was founded in 1885 by railroad magnate Leland Stanford (the eighth ...
, the Gary T. Schwartz Professor of Law Emeritus at the
University of California, Los Angeles
The University of California, Los Angeles (UCLA) is a public university, public Land-grant university, land-grant research university in Los Angeles, California, United States. Its academic roots were established in 1881 as a normal school the ...
, and an affiliate at the law firm
Schaerr Jaffe.
Early life and education
Volokh was born in the
Soviet Union
The Union of Soviet Socialist Republics. (USSR), commonly known as the Soviet Union, was a List of former transcontinental countries#Since 1700, transcontinental country that spanned much of Eurasia from 1922 until Dissolution of the Soviet ...
to a
Jewish
Jews (, , ), or the Jewish people, are an ethnoreligious group and nation, originating from the Israelites of History of ancient Israel and Judah, ancient Israel and Judah. They also traditionally adhere to Judaism. Jewish ethnicity, rel ...
family residing in
Kyiv, Ukraine
Kyiv, also Kiev, is the capital and most populous List of cities in Ukraine, city of Ukraine. Located in the north-central part of the country, it straddles both sides of the Dnieper, Dnieper River. As of 1 January 2022, its population was 2, ...
.
He emigrated with his family to the United States at the age of seven.
Volokh exhibited extraordinary mathematical abilities from an early age. At the age of 9, he was attending university-level mathematics and calculus courses after he was found studying
differential equations on his own.
[Nancy Graham, "Professor's Gift Is Nurturing Gifted, Steering Them to UCLA"]
''Los Angeles Times'', October 18, 1986. When only 10 years 1 month old, he earned a 780 out of a possible 800 on the math portion of what is now called the
SAT-I.
[Julian C. Stanley and Camilla P. Benbow, "Smpy's First Decade: Ten Years of Posing Problems and Solving Them"]
, The Journal of Special Education, Vol 17 Iss 1 1983. (Study of Mathematically Precocious Youth (SMPY))
At the age of 12, he began working as a
computer programmer
A programmer, computer programmer or coder is an author of computer source code someone with skill in computer programming.
The professional titles ''software developer'' and ''software engineer'' are used for jobs that require a progr ...
and was enrolled as a
sophomore
In the United States, a sophomore ( or ) is a person in the second year at an educational institution; usually at a secondary school or at the college and university level, but also in other forms of Post-secondary school, post-secondary educatio ...
at
UCLA
The University of California, Los Angeles (UCLA) is a public land-grant research university in Los Angeles, California, United States. Its academic roots were established in 1881 as a normal school then known as the southern branch of the C ...
. He attended the
Hampshire College Summer Studies in Mathematics. As a junior at UCLA, he earned $480 a week as a programmer for
20th Century Fox
20th Century Studios, Inc., formerly 20th Century Fox, is an American film studio, film production and Film distributor, distribution company owned by the Walt Disney Studios (division), Walt Disney Studios, the film studios division of the ...
.
During this period, Volokh's achievements were featured in an episode of ''OMNI: The New Frontier'', a television series hosted by
Peter Ustinov
Sir Peter Alexander Ustinov (16 April 192128 March 2004) was a British actor, director and writer. An internationally known raconteur, he was a fixture on television talk shows and lecture circuits for much of his career. Ustinov received #Awa ...
. He graduated from UCLA at age 15 with a
Bachelor of Science
A Bachelor of Science (BS, BSc, B.S., B.Sc., SB, or ScB; from the Latin ') is a bachelor's degree that is awarded for programs that generally last three to five years.
The first university to admit a student to the degree of Bachelor of Scienc ...
degree in mathematics and
computer science
Computer science is the study of computation, information, and automation. Computer science spans Theoretical computer science, theoretical disciplines (such as algorithms, theory of computation, and information theory) to Applied science, ...
.
Volokh later attended the
UCLA Law School, where he was a managing editor of the ''
UCLA Law Review
The ''UCLA Law Review'' is a bimonthly law review established in 1953 and published by students of the UCLA School of Law, where it also sponsors an annual symposium.
Originally, UCLA Law proposed in 1950 that either Berkeley and UCLA should p ...
''. He graduated in 1992 with a
Juris Doctor
A Juris Doctor, Doctor of Jurisprudence, or Doctor of Law (JD) is a graduate-entry professional degree that primarily prepares individuals to practice law. In the United States and the Philippines, it is the only qualifying law degree. Other j ...
.
Career
After law school, Volokh
clerked for Judge
Alex Kozinski
Alex Kozinski (; born July 23, 1950) is a Romanian-American jurist and lawyer who was a judge on the U.S. Court of Appeals for the Ninth Circuit from 1985 to 2017. He was a prominent and influential judge, and many of his law clerks went on to ...
of the
U.S. Court of Appeals for the Ninth Circuit, then for Justice
Sandra Day O'Connor
Sandra Day O'Connor (March 26, 1930 – December 1, 2023) was an American attorney, politician, and jurist who served as an associate justice of the Supreme Court of the United States from 1981 to 2006. Nominated by President Ronald Reagan, O' ...
of the
U.S. Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on question ...
.
Upon completing his Supreme Court clerkship in 1994, UCLA hired Volokh as a professor of law. As of 2018, he also held the position of Gary T. Schwartz Professor of Law,
and was an academic affiliate at the law firm
Mayer Brown
Mayer Brown is a global white-shoe law firm, founded in Chicago, Illinois, United States. It has offices in 27 cities throughout the Americas, Asia, Europe, and the Middle East, with its largest offices being in Chicago, Washington, D.C., New ...
.
As of 2023, he was an affiliate of trial and
appellate
In law, an appeal is the process in which Legal case, cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of cla ...
law firm
Schaerr Jaffe.
In 2024, Volokh retired from UCLA, becoming a Professor of Law Emeritus, and moved to the Hoover Institution at Stanford, where he is the Thomas M. Siebel Senior Fellow.
Politics
Volokh is commonly described as politically conservative or libertarian. In 2012, one commentator described Volokh's politics as "soft libertarian", and Volokh as an "unpredictable libertarian-leaning" writer. He has been a longtime member of the
Federalist Society
The Federalist Society for Law and Public Policy Studies (FedSoc) is an American Conservatism in the United States, conservative and Libertarianism in the United States, libertarian legal organization that advocates for a Textualism, textualist an ...
since he first joined in the 1980s.
In the
2008 presidential election, Volokh supported former Tennessee Senator
Fred Thompson
Freddie Dalton Thompson (August 19, 1942 – November 1, 2015) was an American politician, attorney, lobbyist, columnist, actor, and radio personality. A member of the Republican Party (United States), Republican Party, he served as a Unite ...
, saying Thompson had good instincts on legal issues and that he preferred Thompson's positions on the
First Amendment
First most commonly refers to:
* First, the ordinal form of the number 1
First or 1st may also refer to:
Acronyms
* Faint Images of the Radio Sky at Twenty-Centimeters, an astronomical survey carried out by the Very Large Array
* Far Infrared a ...
and political speech to
John McCain
John Sidney McCain III (August 29, 1936 – August 25, 2018) was an American statesman and United States Navy, naval officer who represented the Arizona, state of Arizona in United States Congress, Congress for over 35 years, first as ...
's sponsorship of
campaign finance reform. Volokh also liked Thompson's position in favor of
individual gun ownership.
[ Bazelon, Emily (November 26, 2007]
On the advice of counsel
, Slate.com; accessed February 27, 2018. He noted that Thompson "takes federalism seriously, and he seems to have a fairly deep-seated sense that there is a real difference between state and federal power."
[
Volokh is a supporter of ]same-sex marriage
Same-sex marriage, also known as gay marriage, is the marriage of two people of the same legal Legal sex and gender, sex. marriage between same-sex couples is legally performed and recognized in 38 countries, with a total population of 1.5 ...
.
Writing
Volokh's article about "The Commonplace Second Amendment" (1998), was cited by Supreme Court
In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...
Justice Antonin Scalia
Antonin Gregory Scalia (March 11, 1936 – February 13, 2016) was an American jurist who served as an associate justice of the Supreme Court of the United States from 1986 until his death in 2016. He was described as the intellectual an ...
's majority opinion in the landmark Second Amendment case of '' District of Columbia v. Heller'', and he has been quoted in the media on gun laws. His article, "Might Federal Preemption of Speech-Protective State Laws Violate the First Amendment?" (2021) was cited by Justice Clarence Thomas
Clarence Thomas (born June 23, 1948) is an American lawyer and jurist who has served since 1991 as an associate justice of the Supreme Court of the United States. President George H. W. Bush nominated him to succeed Thurgood Marshall. Afte ...
in a concurring opinion for ''Knight First Amendment Institute v. Trump
''Knight First Amendment Institute v. Trump'', 928 F.3d 226 (2nd Cir. 2019), was a Second Circuit Court of Appeals case on the use of social media as a Forum (legal), public forum. The plaintiffs, Philip N. Cohen, Eugene Gu, Holly Figueroa O'Rei ...
'' (2021), with Thomas arguing that Section 230 of the Communications Decency Act might be unconstitutional and that Twitter should be regulated as a common carrier.
Volokh advocates free speech
Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recognise ...
on campus, religious freedom
Freedom of religion or religious liberty, also known as freedom of religion or belief (FoRB), is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice ...
, and other First Amendment
First most commonly refers to:
* First, the ordinal form of the number 1
First or 1st may also refer to:
Acronyms
* Faint Images of the Radio Sky at Twenty-Centimeters, an astronomical survey carried out by the Very Large Array
* Far Infrared a ...
issues, and has been widely quoted as an expert. He opposes affirmative action
Affirmative action (also sometimes called reservations, alternative access, positive discrimination or positive action in various countries' laws and policies) refers to a set of policies and practices within a government or organization seeking ...
, having worked as a legal advisor to California's Proposition 209 campaign. Volokh is a critic of what he sees as the overly broad operation of American workplace harassment laws, including those relating to sexual harassment
Sexual harassment is a type of harassment based on the sex or gender of a victim. It can involve offensive sexist or sexual behavior, verbal or physical actions, up to bribery, coercion, and assault. Harassment may be explicit or implicit, wit ...
.
On his weblog, Volokh addresses a wide variety of issues, with a focus on politics and law.
Volokh's non-academic work has been published in ''The Wall Street Journal
''The Wall Street Journal'' (''WSJ''), also referred to simply as the ''Journal,'' is an American newspaper based in New York City. The newspaper provides extensive coverage of news, especially business and finance. It operates on a subscriptio ...
'', ''Los Angeles Times
The ''Los Angeles Times'' is an American Newspaper#Daily, daily newspaper that began publishing in Los Angeles, California, in 1881. Based in the Greater Los Angeles city of El Segundo, California, El Segundo since 2018, it is the List of new ...
'', ''The New York Times
''The New York Times'' (''NYT'') is an American daily newspaper based in New York City. ''The New York Times'' covers domestic, national, and international news, and publishes opinion pieces, investigative reports, and reviews. As one of ...
'', ''Slate
Slate is a fine-grained, foliated, homogeneous, metamorphic rock derived from an original shale-type sedimentary rock composed of clay or volcanic ash through low-grade, regional metamorphism. It is the finest-grained foliated metamorphic ro ...
'', and other publications. He was a contributing blogger at ''The Huffington Post
''HuffPost'' (''The Huffington Post'' until 2017, itself often abbreviated as ''HPo'') is an American progressive news website, with localized and international editions. The site offers news, satire, blogs, and original content, and covers p ...
'' from 2005-2012.
Family
Volokh's brother, Alexander "Sasha" Volokh, is a law professor at Emory University. Like Eugene, Alexander also clerked for Judge Alex Kozinski of the Ninth Circuit and Justice Sandra Day O'Connor on the U.S. Supreme Court, although Alexander clerked for Justice Alito as well.
Selected works
Books
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Articles
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See also
* List of law clerks of the Supreme Court of the United States (Seat 8)
References
External links
The Volokh Conspiracy website
Volokh's webpage at UCLA
*
{{DEFAULTSORT:Volokh, Eugene
1968 births
Living people
20th-century American Jews
20th-century American male writers
20th-century American non-fiction writers
21st-century American Jews
21st-century American male writers
21st-century American non-fiction writers
American legal scholars
American legal writers
American libertarians
American male bloggers
American bloggers
American male non-fiction writers
Copyright scholars
First Amendment scholars
HuffPost writers and columnists
Jewish American non-fiction writers
Jewish bloggers
Law clerks of the Supreme Court of the United States
Lawyers from Los Angeles
Legal educators
People from Greater Los Angeles
Soviet emigrants to the United States
Soviet Jews
UCLA School of Law alumni
UCLA School of Law faculty
University of California, Los Angeles alumni