A few quotes and slogans immediately come to mind reading this New York Times story about how the New York County District Attorneys office has failed #MeToo women by passing on  a couple cases its writer, Jan Ransom, believes valid.* The current district attorney, Cy Vance, and his sex crimes unit, headed by Marsha Bashford, are held up for blame, for failing to prosecute the accused because the accusers want them to.

The experiences of women like Ms. Duong raise questions for prosecutors like Mr. Bragg and lawmakers, who have been reconsidering New York’s rape laws. How should prosecutors approach cases where victims’ accounts are credible, but may be difficult to prove in court? Should the state’s laws make convictions in such cases easier to win? And how should the criminal justice system balance the rights of the accused with a modern understanding of sexual violence?

Continue reading →

As long as there’s no blind transgender Aleut in the room, Roxane Gay gets away with using her victim points to attack anyone who points out that she’s full of shit. She a woman. She’s black.  She’s Haitian. She’s gay. She’s morbidly obese. Somehow, the fact that her parents were wealthy, she went to Philips Exeter for prep school and then Yale for undergrad doesn’t manage to find its way into her oppression narrative. Hey, there’s only so much room.

But in an op-ed in the New York Times, where her marginalized voice seems to find a remarkable amount of real estate, Gay has come to the ironic realization that twits are nasty, brutish and short. Continue reading →

Local judges are notoriously bad when it comes to ruling on constitutional matters. This stems from their general unfamiliarity with federal constitutional law, which just doesn’t come up all that often when deciding building code disputes, and their sense that they reflect the conscience of the community they serve. Some are elected, and need the support of their neighbors. Others just agree with their neighbors, that a wink and nod make for a nicer place to live than an ugly adherence to the Constitution.

Let’s be honest. Constitutional rights can get a bit unpleasant. We tolerate the unpleasantness for good reason, but that doesn’t mean we’re happy to have our kids see vulgar signs as they walk to school any more than be told that they should loathe their skin color. And given that every idiot is entitled to free speech, there isn’t a lot you can lawfully do about vulgar signs, right? Not so, says Roselle Park Municipal Court Judge Gary Bundy. Continue reading →

When it happened, K.C. Johnson was outraged. Not only was the resolution blindly, by which I mean ignorantly, biased, but what business did the Professional Staff Congress of CUNY, the union representing faculty in labor negotiations, have taking a public position condemning Israel? The irony, given the history of CUNY aside, aside, this was a union. It has one job and that job has nothing to do with conflicts in the mid-east.

I am an ardent, lifelong supporter of organized labor. In the past, I served on the executive board and two contract negotiating teams for the Los Angeles College Faculty Guild. In recent years, I have focused on other areas and done other work — so during my five years teaching as an adjunct in the English department at Queens College, CUNY, my participation in the City University of New York’s Professional Staff Congress (PSC) has been limited to membership and reading union communications (many of which over the past couple of years concerned contract negotiations and the COVID-19 pandemic).

I first learned of the PSC’s so-called “Resolution in Support of the Palestinian People” on the very day, June 10, that the union’s delegate assembly was scheduled to vote on it. Like much American campus activity that is part of the malign campaign against Israel, it was a stealth act. Not primarily the supportive statement it labels itself to be, the resolution is really a malicious attack on the moral legitimacy and character of Israel as the nation-state of the Jewish people.

Continue reading →

It’s long been explained that our constitutional rights and principles are tested by how we treat the most despised among us. But even so, the despised person isn’t quite so despised, so disgusting, so unspeakably horrible as Thomas Alan Arthur. It’s nearly impossible to believe that any human being could be as repugnant as Arthur.

Trial evidence showed that Arthur had run a website called Mr. Double since 1996 and began charging people to access the site two years later. The site contained numerous stories about and drawings of children, infants and toddlers being raped, tortured and murdered. Arthur allegedly approved each story before it was posted and used the website as his sole source of income for 20 years.

Continue reading →

Senate Majority Leader Chuck Schumer proposes federal decriminalization of marijuana.

Senate Democratic Leader Charles Schumer (D-NY) has joined with Senators Cory Booker (D-NJ) and Ron Wyden (D-OR) to propose serious marijuana reform legislation. Although still in a discussion draft, the proposed Cannabis Administration & Opportunity Act (CAOA) represents a serious attempt to respond to the dramatic increase in support for marijuana legalization while still respecting those jurisdictions that have refused to embrace marijuana law reform. In short, the CAOA embraces Marijuana Federalism.

Continue reading →

Is a law good or bad? Is a particular part of a law justified or unjustified? Does a law place a new burden on people or just not remove a newly claimed burden, or even worse, not make things as easy as they might be without the law? These are relevant questions that somehow seem to elude those who have turned up the hype to 11.

 “The 21st-century Jim Crow assault is real,” President Biden claimed Tuesday. “We’re facing the most significant test of our democracy since the Civil War—that’s not hyperbole,” he said in the same speech. “The Confederates back then never breached the Capitol, as insurrectionists did on January the 6th.”

Continue reading →

John Wesley Hall found a decision out of the Southern District of Indiana that was simultaneously so obvious and so shocking as to bring a smile to even a jaded old criminal defense lawyer’s face.

The fact determination at issue in this case is one that necessarily must be determined by the Court based on its real world experience and common sense applied to the evidence. Officer Hiser cannot say whether the windows of his or Gray’s vehicles were rolled down and Gray points out persuasively. Continue reading →

Bari Weiss describes an arch-liberal dedicated public defender better than I did.

If you google “bleeding heart liberal,” Maud Maron might well turn up as the first hit. Every cause liberals are supposed to fight for, every group they are supposed to champion, every candidate they are supposed to support — well, that was Maron’s not so atypical life and career. Until recently.

* **

In short, Maron is exactly the kind of lawyer you’d imagine Legal Aid would put on the cover of its brochures. But today the public defender is filing suit in the Southern District of New York against the organization to which she has dedicated her career.

Continue reading →

Fifty-one of 67 Democrats in the Texas lege hopped on two chartered planes with a case of Miller Lite to fly to Washington, D.C.  Their purpose was explicit, they were denying the Republican majority a quorum with which to enact new voting laws.

Texas Democrats fled the state on Monday in a last-ditch effort to prevent the passage of a restrictive new voting law by the Republican-controlled Legislature, heading to Washington to draw national attention to their cause. Continue reading →