Author Archives: SHG

Mutually Assured Prosecution

It’s not like it hasn’t happened before. The Dems blackballed Bork, so the Reps refused to give Merrick Garland a hearing. That there are reasons why these two things are very different isn’t the point. The point is if they do it to us, we’ll do it to them. Is this about to start again on a previously virgin frontier, state prosecutions?

It is far from clear how this case will end. No matter what the precise charges are, the prosecution will raise unusual and arguably novel legal issues. Michael Cohen, who seems to be the key witness, may not be credible enough to persuade a jury to convict Mr. Trump, even in Manhattan. And Republicans are already mounting an effort to frame Mr. Bragg as a political hack who is weaponizing his office to take down the former president on behalf of Democrats.

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Fit To Be Tied

Watching Downton Abbey, it struck me that it all started with the shift from white tie to black. That was the beginning of the end. Not only did people change for dinner, but a decent man wore tails, while tuxedos were for the tasteless nouveau riche. I, of course, would have been a servant in livery at best, so it’s not as if this had any applicability to my life, but the point was clear. Social formality distinguished the well-bred from the wannabes, and both distinguished the servants from the served.

With notable exceptions, people no longer wear ties. Some still wear suits, but with open collars and no ties. To my old eye, it’s not a good look, not that anyone asked me. But the argument is that ties serve no purpose, are constricting and tell the world that you’re old. Peter Coy, who says he owns 252 neckties, laments their passing. Continue reading →

Victim’s Rights Trump Innocence

At Slate, Mark Joseph Stern reached the only conclusion that any reasonable person could reach.

When a victim’s brother can single-handedly imperil the exoneration of a man whom prosecutors already set free, we have abandoned any pretense that an expansive conception of victims’ rights can coexist with a fair criminal legal system.

He’s talking about the Maryland appellate court’s vacatur of the nolle prosequi of Adnan Syad, the focus of the podcast “Serial,” It wasn’t the state that appealed, but the victim’s representative, her brother. The court held that the brother was given inadequate notice such that he was unable to be personally present in court, although he was present by Zoom. Apparently, Zoom is good enough for a defendant not to be prejudiced at trial, but not for a victim’s rep to be “present” for a hearing in which he has no right to be heard. Continue reading →

Title IX Outside The Jurisdiction

The opportunity to study abroad is a wonderful experience for most students. But bad things can happen there as well as here, and when they do, who is liable?

In 2020, Plaintiff Jane Doe attended Calvin University in Grand Rapids, Michigan. Calvin University offered a study abroad program in the Philippines with Silliman University, a private university in Dumaguete, Philippines. Silliman University selected some of its students to serve as “buddies” for the Calvin University students. Near the end of the
program, the students attended a dinner on the Silliman campus. After the dinner, the Silliman students invited the Calvin students to a local bar and club. One of the Silliman students laced or spiked Plaintiff’s drink and later escorted her back to the hotel where he
sexually assaulted Plaintiff.

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What Does a Law School DEI Dean Do?

It costs money to have deans. They need offices. Staff, Curtains, And they get paid. One would assume, then, that the juice was worth the squeeze and when they come to work Monday morning, they have a job to do. The janitor sweeps the floors. The bursar signs the checks. But what does the DEI dean do when her driver drops her off at the law school?

[H]ow could it be that well-trained DEI Deans at elite institutions can have such a fundamentally flawed vision of the purpose of an academic institution? And what are these DEI staff teaching law students? Indeed, Steinbach doubled-down on her position in the WSJ: Continue reading →

Short Take: Does Levi’s Have The Answer?

Moments ago, I trashed the post I wrote about Levi’s announcement that it plans to use AI generated models in order to provide its customers with greater diversity.

Fashion brand Levi Strauss & Co has announced a partnership with digital fashion studio Lalaland.ai to make custom artificial intelligence (AI) generated avatars in what it says will increase diversity among its models. Continue reading →

Short Take: Everybody Else On The Block

Despite the facts that Peter Moskos got his Ph.D. from Harvard and teaches at John Jay College of Coppery and Shoe Repair, he’s got a point. A good point. An important point. It begins with a twit showing a video of shooting in what otherwise appears to be a quiet, well-maintained suburban residential street.

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