Category Archives: Uncategorized

Harry Kalven Was Right, But Is It Too Late For Universities To Be Neutral?

Harry Kalven knew something about free speech when he defended Lenny Bruce, so it made sense when the president of the University of Chicago charged him with heading a committee to figure out what the proper role of a university should be in addressing social and political issues.

Chaired by Harry Kalven, Jr. — a leading First Amendment scholar, and the attorney who successfully defended comedian Lenny Bruce against Illinois obscenity charges — the committee produced the Report on the University’s Role in Political and Social Action (the “Kalven Report”). The report’s central conclusion was that neutrality is necessary to maintain a university’s fidelity to its core mission: “the discovery, improvement, and dissemination of knowledge.”

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Jews In The Corner At Stanford

Was it a matter of academic freedom or just an instructor who sided with Hamas using his authority to teach the Jewish students a lesson?

An instructor at Stanford University has been suspended for what the president and provost called “identity-based targeting” of students in connection with the Israel-Gaza war.

Rabbi Dov Greenberg, director of the Chabad Stanford Jewish Center, said he was told by three students who were in the room that the instructor asked Jewish and Israeli students to identify themselves during a session for a required undergraduate course called “Civil, Liberal and Global Education.” Continue reading →

Halkides: Mistaking Cannabidiol For Tetrahydrocannabinol

Ed. Note: Chris Halkides has been kind enough to try to make us lawyers smarter by dumbing down science enough that we have a small chance of understanding how it’s being used to wrongfully convict and, in some cases, execute defendants. Chris graduated from the University of Wisconsin-Madison with a Ph.D. in biochemistry, and teaches biochemistry, organic chemistry, and forensic chemistry at the University of North Carolina, Wilmington.

The efficacy of marijuana testing is a very significant problem. Without an appreciation of how and why drug tests produce false positive, and how to argue against them, they become a “black box” that we simply assume to be correct for lack of the knowledge to challenge. Chris explains what we, as lawyers, generally fail to understand so we can more effectively defend our clients. Continue reading →

The Conflict Between Revenge Porn And Defense

In October, 2022, a new federal statute, 15 U.S.C. § 6851, went into effect that provided for both a civil cause of action by a “revenge porn” victim and the right of the victim to proceed pseudonymously. In the case of Doe v. Crawford, the defendant moved to seal with entire record because, he alleged, his defense would require both the disclosure of the plaintiff’s identity and intimate details of their relationship.

By design, claims brought under this statute concern intimate, personal and private evidence. Further, because of the sensitive subject matter, § 6851 allows plaintiffs to use a pseudonym to protect their privacy. The use of a pseudonym is subject to the discretion and injunction power of the Court. Here, Doe has chosen to use a pseudonym, expressing her desire to remain anonymous. Continue reading →

Tuesday Talk*: What’s Poor Harvard To Do?

After a laundry list of Harvard student associations issued an open letter blaming the rape, kidnapping and murder of women, children and the elderly on Israel and the United States, opening with the sentence, “Today’s events did not occur in a vacuum,” the question that hung in the air was what would Harvard University have to say.**

It wasn’t just that a long list of faux student organizations signed on, but that Harvard had already established precedent, having issued statements in support of Ukraine and Black Lives Matters.

And Larry Summers, former president of Harvard, and others called out the university out for its silence. Continue reading →

Goodbye, Columbus

No one will blame you if you forgot that today was Columbus Day. In years past, passionate voices would proclaim it Indigenous People’s Day, even though the name “Columbus Day” is a matter of law.

But this year, there are no vicious arguments, no condemnation of Columbus’ acts toward natives. Other than the fact that some won’t go to work today, it’s as if no one cares in light of more pressing horrors. Continue reading →

Murder And Rape For The Cause

As evidence of the age, a great many videos have emerged from Hamas’ terrorist attack on Israel yesterday. Given what we’ve seen from Russia’s invasion of Ukraine, mass destruction, murder and mayhem have become common. Images no longer shock as they once did, but this video was so repugnant that it hit a nerve.

The woman, now stripped and dead, in the back of the pickup in which terrorists celebrate their victory, was a 30-year-old German who was in Israel at a music festival. There are plenty of other videos available, should you feel the urge to see more. Having seen many, I don’t feel any need to see more or spread them any further. Knowing they’re there is enough. Continue reading →

Jeffries Parries

Of all the possibilities, the current frontrunner for Republican Speaker of the House is Ohio’s flamethrower, Jim Jordan, who may be the second most likely person to assure that nothing useful or necessary is accomplished after show pony Matt Gaetz. Jordan has Trump’s “Complete and Total Endorsement,” except if they make Trump speaker. What could possibly go wrong?

In an op-ed in the Washington Post, House Minority Leader Hakeem Jeffries saw his opportunity and took it. Continue reading →

Seaton: Sheriff Roy’s Holiday

Sheriff Roy was tired. Very tired. Two months straight of early mornings and late nights policing would do that to a man. The Sheriff’s Department was short a man due to someone rage quitting after a good-natured rib over a recent Alabama game, and Roy had taken the former deputy’s job duties and shifts until the position was filled.

All of that was behind him. At the moment, the only thing on the mind of Mud Lick’s top cop was the week of vacation he had coming up with Arlene.

Just the two of us for a solid week in Gatlinburg, Sheriff Roy thought with a smile. It’s not the same as our honeymoon, but it’s a nice getaway for an anniversary. Continue reading →