Journal Article

If Pseudonyms, Then What Kind?

Volokh, Eugene

2023

Overview

Traditional pseudonyms, such as John and Jane Doe, Richard Roe, Paul and Pauline Poe (or even Francis Foe, Walter Woe, or Xerxes Xoe3), XYZ Co., Anonymous, or the archaic Noakes or Stiles.4 Unsurprisingly, there are other names that are used in other Anglophone legal systems, for instance \"Ashok Kumar\" for unnamed defendants in Indian copyright litigation, and that are likely to make their way into American courts one day5 2. To give just one example, there are six Doe v. Trustees of Indiana University cases just from 2020 to 2022 that have yielded opinions available on Westlaw, all in the same field (higher education law).22 These seem likely to be joined by new cases each year, and they will remain potentially citable for decades to come. \"26 Indeed, even pure initials can be identifying, when coupled with other indications, such as the small school that the party is attending.27 Famous pseudonyms can be distracting, and can also bring political spin that might subtly influence the judge or jury, as with Hester Prynne (the name of the heroine in The Scarlet Letter,28 who was publicly shamed for adultery, used in a challenge to a sex offender registration law). PROCEDURE If I'm right, then it may make sense for courts to adopt something like the following rule - whether for an entire court system, as a local rule, or as a chambers practice:

• Publisher: Duke Law Center for Judicial Studies
• Subject: Federal court decisions / Hurston, Zora Neale (1891-1960) / Names / Sex offenders / Stein, Gertrude (1874-1946) / Women