California has been very busy fixing the world, from mandating public school curriculum to dictating how toy and children’s stores should place products on shelves. Eugene Volokh addresses the newly enacted law from a free speech perspective.

55.7. The Legislature finds and declares both of the following:

(a) Unjustified differences in similar products that are traditionally marketed either for girls or for boys can be more easily identified by the consumer if similar items are displayed closer to one another in one, undivided area of the retail sales floor. Continue reading →

At The Atlantic, Yascha Monk argues that the cancellation of University of Chicago geophysics prof Dorian Abbot from being the prestigious John Carlson Lecture on climate change reflects a shift in cancel culture. This time was different.

Then the campaign to cancel Abbot’s lecture began. On Twitter, some students and professors called on the university to retract its invitation. And, sure enough, MIT buckled, becoming yet another major institution in American life to demonstrate that the commitment to free speech it trumpets on its website evaporates the moment some loud voices on social media call for a speaker’s head. Continue reading →

If it didn’t say Maureen Dowd up top, I would swear this was a column by the designated Millennial, Michelle Goldberg. It’s got that snarky tone. It’s shallow and assumptive. It conflates reason for feelings. But this is Dowd.

Ordinarily staid and silent Supreme Court justices have become whirling dervishes of late, spinning madly to rebut the idea that Americans are beginning to regard the court as a dangerous cabal of partisan hacks. Continue reading →

Some teachers asserted that remote learning during the pandemic was going swell. You can’t argue the point if that’s what they claim, but was it real or their “truth,” that education was doing what it could to accommodate the pandemic, but it sucked and wasn’t even remotely close to actual education. But then, students are back in school, and the stories told before can’t cover the reality in the classroom.

Each fall, about five students show up to Ms. Layne’s class at Sevilla Elementary School East in Phoenix lagging far behind fourth grade-level reading skills. This year, she was stunned to find nearly half of her 25 students tested at kindergarten to first-grade reading levels. Continue reading →

There are many reasons, often unstated, why the Supreme Court decides against granting certiorari to a case. But after Senate negotiations failed to produce a reform bill that included qualified immunity,* the last hope was that the Supreme Court would take up one of the cases before it to undo its own creation of a defense that had no statutory basis and  regularly produced outcomes that ran from the bizarre to the god-awful.

But in James v. Bartelt, the Court denied cert, with a dissent from Justice Sonia Sotomayor (See page 65 of the order list). Continue reading →

Not being a fan or user of Tik Tok, and not being 12 years old or inclined to doing idiotic things because that’s what all the kids do, I have never engaged in a Tik Tok challenge, even though people I know have done so. Most did something silly, like pour ice over their heads because that’s certainly an important way to show the world that you’re against whatever nonsense it was about, not to mention hip. I did not. No one cared.

Police believe that it was a Tik Tok challenge that pushed Covington High School student Larrianna Jackson, 18, to whup her 64-year-old teacher. Continue reading →

The first I heard of the “incident” was a student’s twit that sounded concerning.

3 weeks ago, my prof. played a blackface video without any warning or discussion. In the weeks since, my university has struggled to respond. (The prof. has tenured.) I write this piece because it’s beyond time for this story to be in the public sphere.

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His trial counsel, Eric Nelson, was paid by the Minnesota Police and Peace Officers Association, and likely not nearly as much as he should have been paid given how cases of this magnitude of seriousness and high profile play out. But it’s no longer footing the bill and the Minnesota Supreme Court has refused to provide Chauvin, convicted of murdering George Floyd for anybody living under a rock, with a public defender.

The Minnesota Supreme Court on Wednesday denied Derek Chauvin’s request for a public defender as the former Minneapolis police officer prepares to appeal his murder conviction in the death of George Floyd.

Chief Justice Lorie Gildea signed an order that said Chauvin failed to prove that he qualifies for representation from a public defender, according to the Star Tribune. Continue reading →

Judge Robert Pitman spent 113 pages to reach a conclusion that had to be reached and yet defied clear judicial review through the mechanations of Texas’ preclusion of the State, itself, having any putative involvement in making it happen. Unless, of course, you consider enacting a law that was facially unconstitutional and providing the courtrooms, judges, clerks and people with guns that enforce any law or judgment in the usual course.

Judge Pitman used sharp language to criticize the law, known as Senate Bill 8, which was drafted to make it difficult to challenge in court by delegating enforcement to private individuals, who can sue anyone who performs abortions or “aids and abets” them. Continue reading →

Is there some progressive rationale for the decision made by Cook County State’s Attorney Kim Foxx not to charge the young men who engaged in a shootout on the streets of Chicago? The only explanation proffered thus far is that they were “mutual combatants,” apparently meaning that they all chose to engage in a shootout with each other. Is that a defense to murder?

The brazen mid-morning gunfight, which left one shooter dead and two of the suspects wounded, stemmed from an internal dispute between two factions of the Four Corner Hustlers street gang, according to an internal police report and a law enforcement source with knowledge of the investigation.

Continue reading →