How many times has the question of prosecutorial misconduct by concealing Brady material been the subject of discussion here? By quick count, there have been 274 posts at SJ. Without vetting them all, my guess is that none of them distinguished the issue by the wealth or race of the defendant denied, but about Wild Bill Douglas’ nastiest joke on the criminal defense, dangling the duty to disclose exculpatory evidence without the minor details of when the duty must be fulfilled or what happens if it’s not.

Now, I learn that all of this discussion about Brady was all wrong. David Oscar Markus wrote about Brady concealment in the prosecution of Lori Loughlin and the defense’s effort to have the indictment tossed as a sanction. Continue reading →

It would strike few people as far-fetched to expect that our system of compulsory education, the public school system, provided less than a right to a “basic minimum education.” It certainly costs enough to expect some minimal efficacy, both in taxes and opportunity costs. Some schools do a fabulous job of educating young people. Some do not. Sometimes, the problem is the school. Sometimes, the problem is the students. You can require a student to come to school, but you can’t make him learn.

But what about students who want to learn but whose schools are just awful?

[I]n Gary B. v. Whitmer, a divided panel of the U.S. Court of Appeals for the Sixth Circuit concluded that the Fourteenth Amendment’s Due Process Clause protects a fundamental right to a “basic minimum education” that is potentially violated when the state fails to provide adequate public schools. The majority opinion by Judge Clay, joined by Justice Stranch, is over 60 pages. Judge Murphy authored a 23-page dissent.

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Colin Wright is a Penn State evolutionary biologist, which already puts him at a disadvantage when it comes to raising such issues. After all, he’s not just a scientist, but one for whom human evolution and biology matter, which puts him at odds with those true believers in science, provided it adheres to their ideology.

So when he pointed at the issue raised at the Yale Law Journal, of all places, he was clearly straying from his lane. After all, what’s law got to do with evolutionary biology, right? Except the substance, this time, was one of interest to both law and science, but more importantly, the peer review process had morphed from an accepted paper into a petition demanding the scholarship be “deplatormed.” It’s an issue that would concern any rational person. Wright was right. Continue reading →

Who doesn’t want a vaccine for COVID-19?

So why was my initial relief at hearing Oxford and Imperial are racing away to develop the vaccine followed by worry?

Let’s suppose that Oxford does develop the first vaccine. What happens next?

Most people, rational people, wouldn’t ask this question. It wouldn’t even dawn on them to ask this question, because the goal is the development of a vaccine to save mankind. Oops, did I say man-kind? Continue reading →

While the bail reform activists were thrilled with the coup pulled off in the dark of night, more serious and more concerned criminal law folks cringed. For decades, we tried to reform various aspects of the New York criminal legal system that most of us knew and agreed were bad, unfair and, as might be admitted at the bar in Forlini’s, unconstitutional. But knowing the system was a wreck was the easy part. Coming up with changes to the system that would serve everyone’s interests, that everyone could live with, was hard. Very hard.

With the “blue wave” of 2018 came Democratic control of the New York Senate, and with it came people utterly unaware of the serious concerns, the years of trying to come up with sustainable reform and the recognition that swinging the pendulum too far the other way didn’t mean it would work, but that it would swing back.

Not that they understood. Or cared. Oh, they were so filled with their power and importance, and had the support of their tribe of brilliant activists, like Shaun King and the new breed of internet hucksters who spewed their mix of simplistic nonsense and half-truths to the useful idiots. Continue reading →

Put aside your feelings about the Federalist, and consider only whether the twit that happened to come from Ben Domenech’s fingers was a joke, a veiled threat or both.

As far as I know, the Federalist does not have any salt mines to send anyone back to, so this was a joke and not a serious threat, right? Except the National Labor Relations Board Judge Kenneth Chu didn’t laugh. Continue reading →

It’s not as if Bill de Blasio invented snitching in New York. It has a long history, from the United States Sentencing Guidelines which offered only one way out of their clutches to the ubiquitous ad campaign following 9/11, See Something, Say Something. When the former worked so well turning brother against brother, turning “good” New Yorkers against evil terrorists hardly seemed a stretch.

So why not turn neighbor against neighbor?

How do you report places that aren’t enforcing social distancing? It’s simple: just snap a photo and text it to 311-692. #AskMyMayor pic.twitter.com/WQdCcVf1Rl

— Mayor Eric Adams (@NYCMayor) April 18, 2020

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Most days, Dr. SJ goes for a nice long walk with her socially distant friends. She likes to walk. I would take the Gator from my library to the bathroom if I could, but to each his own. A couple days ago, she walked the trails of Tiffany Creek Preserve with a garbage bag in hand.

By the end of the walk, the bag was full. Beer cans, used diapers, lots of formerly-sterile gloves and designer water bottles. It could have been pristine. Instead, it was a dump. The litter didn’t get there on its own.

Today is Earth Day. Today is the 50th Earth Day. You probably weren’t aware of this because it’s no longer a big deal, but it was once. Continue reading →

Whatever teachers are doing with kids at school, there is one thing that people have come to appreciate: they keep the little shits out of your hair so you can go about doing whatever it is you feel you want to do with your life without having to hear their whining about being hungry. Again. After all, why shouldn’t you get to do whatever you feel like doing, which is your right because you are the center of the universe with no responsibility for anyone.

Here is where, ordinarily, I would conclude with a grand thought about America: I might venture that cross-society parental stress under pandemic could forge a new parental voting bloc. That perhaps now universal child care will be regarded as a necessity, not some kind of indulgence. But the kids are asking for lunch, and I have to break it to them that all the hot dogs are gone.

That’s Farhad Manjoo, spokesmodel for the disaffected digital native, who concedes his privilege while admitting it makes him feel like a failure to be a failure. Continue reading →

Whether it’s the Bernie bros arguing how the coronavirus proves we need his Medicare4All, or the fact that poor people are still poor even in a pandemic, and rich people get to use their money to obtain things, from toilet paper and masks to tests, there is much talk about how this pandemic will change everything.

Indeed, in one of the more unhelpful op-eds published by the New York Times, Viet Thanh Nguyen raises “ideas that won’t survive the coronavirus,” such as American Exceptionalism. After all, is there anything more worthy of discussion as people are dying than what a terrible nation this is? Continue reading →