Rep. Jackie Speier Explains Why Your Son’s Life Should Be Destroyed

There was an open question when Tyler Kingkade left his position as Huff Po’s staunchest neo-feminist ally to go to Buzzfeed whether he would persist in being the go-to apologist for sad tears and big lies. That question has now been answered. You go, girl.

College students punished for sexual assault would have their transcripts reflect their disciplinary history under a new bill proposed Thursday by Rep. Jackie Speier, a Democrat from California.

The Safe Transfer Act would require information about sexual assault charges to stay on a student’s transcript for five years after their disciplinary case settles. Colleges would also be required to disclose case results to officials at any other postsecondary institution that the accused student tried to attend. If a student was cleared, the case would be not added to their transcript.

The Scarlet Letter, that was once a joke in order to excuse the kangaroo college courts that didn’t need to be fair, to be competent, to provide due process because they didn’t really do anything according to pundits like Kingkade, is back. This time, a member of Congress wants to make it federal law so no neo-rapist gets away with it. Kingkade dutifully sells his wares, shilling for Jackie Speier, the Democratic representative of the 14th Congressional District of California, and the one-in four women who will cry rape in college. Continue reading

Reflections On Other People’s Years

Today is my old friend, Carolyn Elefant’s, fourteenth anniversary of her blog, My Shingle. Carolyn started as the voice of solo lawyers in the blawgosphere, unattached to a practice area or substantive law, but advocating for solo lawyers as legitimate professionals rather than inferior “bumbling and harried rubber-soled creature with a cheap briefcase bursting at the seams.”

Certainly I can’t deny that lots of great things have come out of blogging. Blogging has spawned wonderful, genuine friendships with other lawyers all over the country and given me a megaphone to voice my crazy views on the practice of law and our changing profession to a far broader audience than I could have ever accessed through the traditional legal trade press.

But then, fourteen years later little has really changed. Carolyn write sporadically these days, and even her anniversary post is caught up in the fake news fever of the moment, which too shall pass.  Continue reading

Israel To BDS: Complain All You Want, But Not Here

At Turley’s blog, he writes of Israeli Interior Minister, Aryeh Dery’s, decision not to allow entry to an advocate of the BDS movement.

For the first time, Israel has denied entry to a prominent traveler due to her part advocacy of the Boycott, Divestment and Sanctions (BDS) movement. African theologian and academic Isabel Phiri is an assistant general secretary with the World Council of Churches in Geneva. She was refused a visa at Israel’s Ben Gurion airport on Monday afternoon. 

Who?

Phiri was a professor of African theology, and head of the school of religion, philosophy and classics at the University of KwaZulu Natal in South Africa. The WCC represents churches, denominations and church fellowships in more than 110 countries with more than 500 million Christians. That includes a wide array of Anglican, Baptist, Lutheran, Methodist and Reformed churches, as well as many United and independent churches. The ministry noted the WCC engaged in pro-Palestinian activities, including observers to Palestinian areas.

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Judges Of A Lesser God

This was a surprise. Linda Greenhouse, despite her many years of writing about law and courts, her position as a lecturer at Yale Law School following her retirement as legal pundit at the New York Times, apparently had an epiphany. The person elected president not only gets to nominate justices of the Supreme Court, but lower court federal judges as well.

As is mandated by the current journalistic regime, she opens with an anecdote to set the appropriate emotional tone:

In a recent issue of Judicature, an academic journal for judges published by Duke University Law School, Timothy J. Corrigan, a federal district judge in Florida, reflected on “the most multifaceted, emotional, and challenging task a judge performs ” — sentencing convicted criminal defendants. Judge Corrigan wrote about the broad discretion that district judges exercise, describing experiences from his 14 years on the bench that were both heart-rending (tear-stained letters from young children begging mercy for their parents) and hair-raising (an assassination attempt). The article’s title, across the journal’s front cover, said it all: “Who Appointed Me God?”

Ironically, Judge Corrigan, sensitive soul that he was, was appointed by George W. Bush, the president most reviled by progressives even until the next Republican president. The president who gave us Sam Alito. Is Shrub suddenly looking good, or is there some other point to be made here? Continue reading

The American Bar Association, 1878-2016

The president of the American Bar Association, Linda Klein, whose slogan was “Defending Liberty Pursuing Justice,” has announced its demise.

The ABA hasn’t aged well. It’s been taken over by the fragile, the intellectually weak, the dishonest, who have subverted the organization to their fantasy of social justice at the expense of the Constitution.  And now. under the “leadership” of Klein, it has publicly announced that it will fight against the First Amendment to the Constitution, the defense of free speech, and forsaken any claim to defend liberty or support the rule of law. Continue reading

Will Dueling Guidance Sink The Transgender Agenda?

The argument would have been strident had Hillary Clinton won the election, with the ACLU contending that Title IX’s prohibition against sex discrimination clearly encompassed gender identity. But despite cert granted, and the Fourth Circuit’s deference ruling stayed, in Gloucester County School Board v. G.G., the fragility of bureaucratic law-making was revealed by Clinton’s loss. Will Trump’s Department of Education rescind Katherine Lhamon’s social engineering?

Harvard lawprof, Jeannie Suk, who has tried hard to be a rational voice for progressive causes, and suffered the denigration of those for whom anything short of blind adherence to the orthodoxy is an outrage, explains the problem and the pivot in the transgender position.

President Obama’s mantra for the past year has been that Congress is broken, so the executive will act. And now, as the stage is set for the new executive, it is dawning on Democrats that living by that sword may mean dying by it. A President can unilaterally revoke prior Presidents’ unilateral actions, and we may soon see just that, in response to Obama’s moves on immigration, climate change, and gun control.

Among the myriad areas subject to upheaval is the President’s administration of Title IX, the 1972 law that prohibits schools that receive federal funding from discriminating “on the basis of sex.” The civil-rights statute has been the primary federal guarantee of equality in educational opportunity for male and female students. This Administration has raised Title IX’s profile by directing schools to take certain actions regarding sexual violence and transgender students, or risk being defunded.

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Facebook: Ripe For Revenge

Stephani Renae Lawson may not have been a genius, but she figured out something the cops didn’t. On the internet, nobody knows you’re a dog. Or in her case, not the object of her revenge, her ex-boyfriend, Tyler Parkervest. From the Washington Post (because the New York Times couldn’t find the room to print it):

His arrest must have come as a surprise. The first one, anyhow.

Police told him that he stalked his ex-girlfriend Stephani Lawson, 25.

They told him he violated a restraining order she had taken out against him. They told him he threatened to kill her.

They told him he did all this via Facebook.

What a horrible dude, the product of rape culture, the poster boy for all the evils of hegemonic masculinity. And he didn’t have a clue what the cops were talking about with good reason. Continue reading

Banzhaff On The Adorable Unicorns of GWU

In a shocking turn of events, students at George Washington University marched on the White House to demand rainbows. According the the school newspaper, the GW Hatchet, the demand might be a bit unrealistic.

Student organizations including the Feminist Student Union, GW Voices For Choices and Fossil Free GW came together to ask administrators to take drastic steps to ensure the protection of minority students, undocumented students and students otherwise marginalized in higher education. The list of demands, among other things, also called for the University to protect students by re-channeling resources.

But with demands must come a well-researched plan of action. Students need to present definite timetables and requests for officials to modify existing policies that would still operate within accepted higher education norms. Unfortunately, rather than talking about feasible and legal ideas, students from the national movement and GW’s specific movement are calling for measures that could have the University breaking the law, like noncompliance with the U.S. Immigration and Customs Enforcement. Students should have set out demands that were more realistic to accomplish.

Somebody figured out that the sanctuary campus movement is, well, not gonna work. Who would have guessed? But that was just one of apparently a laundry list of demands by the 400, according to GW lawprof John Banzhaf.  The demands are, well, interesting. Continue reading

Anti-Semitism And The Senate’s Really Bad Law

While most people were busily expressing their outrage at Trump’s latest condemnation of Alec Baldwin’s acting skills, the Senate finally found its stride and actually passed a law. It was bipartisan. It was unanimous. It was a really bad law.

The machinery of government typically works glacially slow, but the Senate didn’t miss a moment to pass the “Anti-Semitism Awareness Act of 2016” just two days after it was introduced by Sens. Bob Casey (D-PA) and Tim Scott (R-SC), and later co-sponsored by Sens. Lindsey Graham (R-S.C.) and Michael Bennet (D-Colo.).

S-10, as it will forever be known in the Congressional record, passed by unanimous consent last Thursday, and a companion bill has been sent to the House Committee on the Judiciary.

Wait. Isn’t anti-semitism bad? Well, sure. But things that go through people’s heads are bad. People are like that. The question isn’t whether anti-semitism is bad, but whether a law about it is good. It’s not. Continue reading

Gupta Gets Religion: What Have The Feds Done About It?

Whenever someone who once held a position of power speaks out, there is a gush of appreciation by those who feel validated by the words, the acknowledgement that they weren’t wrong, weren’t crazy. After all these years.

Of course, it usually happens after they’ve left their position of power, when they can no longer do anything about it other than complain and tacitly admit their failure.

But not Vanita Gupta, Principal Deputy Assistant Attorney General and head of the Civil Rights Division at the U.S. Department of Justice. She may be part of a very lame duck administration, but she still gets to sit at the big desk at DoJ until next January. And give the occasional talk at an academic conference, where she “explains” what’s wrong:

But we know that the true causes – the real reasons – for unrest run far deeper than any individual incident.  And we know that while public attention to these issues might be new, these causes are long-standing and systemic.  We’ve found these causes time and again through several of the 23 civil pattern-or-practice investigations we’ve opened into local police departments during this administration.  These cases focus not on individuals but on systems.  Broken systems – plagued by unlawful practices and tainted by bias – can devastate a community and corrode public trust, letting down not just the victims of police misconduct but the officers who seek to proudly wear the badge.

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Crime Fluid

The headlines blared that an off-duty Muslim NYPD officer was the victim of a hate crime. A HATE CRIME!!! Putting irony aside, given the fresh mouths of New York’s Finest toward pretty much everyone, the brass got a sudden case of the feelz when it was one of their own.

A Brooklyn man allegedly yelled xenophobic insults at an off-duty Muslim NYPD officer and her teenage son, police sources said.

An NYPD spokesperson told Gothamist that the officer was dropping off her 16-year-old son on Ridge Boulevard and 67th Street in Bay Ridge on Saturday around 6 p.m. After the officer parked her car, she saw a man shoving her son. Police said the man was in his 30s.

She approached the man—but did not identify herself as a police officer—who told her “ISIS [expletive], I will cut your throat, go back to your country!” The suspect fled the scene, and the NYPD Hate Crimes Unit is investigating the incident as a bias crime.

According to the Daily News, Officer Aml Elsokary is a hero. Continue reading

Arrested Because The Computer Said So

Reading through the Ars Technica post twice, it’s still unclear what the problem is. Is there a failure with the software? Is the failure due to human error, garbage in, garbage out? Is it because there just aren’t enough bodies doing input to keep up with the volume of cases? Or are the clerks confused because the lingo demanded by the new case management system is different from the old, legacy system they learned on, had gotten used to?

The question isn’t whether there is something wrong;

Typically, when a judge makes a ruling—for example, issuing or rescinding a warrant—those words said by a judge in court are entered into Odyssey. That information is then relied upon by law enforcement officers to coordinate arrests and releases and to issue court summons. (Most other courts, even if they don’t use Odyssey, use a similar software system from another vendor.)

But, just across the bay from San Francisco, one of Alameda County’s deputy public defenders, Jeff Chorney, says that since the county switched from a decades-old computer system to Odyssey in August, dozens of defendants have been wrongly arrested or jailed. Others have even been forced to register as sex offenders unnecessarily. “I understand that with every piece of technology, bugs have to be worked out,” he said, practically exasperated. “But we’re not talking about whether people are getting their paychecks on time. We’re talking about people being locked in cages, that’s what jail is. It’s taking a person and locking them in a cage.”

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