Category Archives: Uncategorized

Making Of An Outrage

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.

Continue reading

Defending Derek Chauvin

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

Short Take: Judge Pitman Stays SB8

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

Seaton: Greg Ellis’ “The Respondent”

Family law is a squishy area to discuss. Criminal defense is neat and tidy by comparison. In criminal law, it’s the client and counsel against the might of the government. Family law, by comparison, is an area where everyone’s expected to get along in an incredibly hostile environment.

Attorneys and clients who go through a Family Law case of any sort unknowingly walk into a metaphorical meat grinder. Marital dissolutions and child custody cases will suck the life out of the most battle-hardened lawyer, and leave all parties scarred and jaded for their efforts. Continue reading

Chicago’s Foxx Refuses To Charge “Mutual Combatants”

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

Tuesday Talk*: Is “Woke Math” The Solution?

As criticism of the “new” new math being taught in the upper right hand corner of America simmers, and below it the eradication of any expectation that black students be expected to add and subtract to get a diploma festers, academics are trying to find better strategies to avoid the “soft bigotry of low expectations” and teach students sufficient skills to survive, if not thrive, in the future.

When Oregon governor Kate Brown signed a law in July that suspended math and reading proficiency requirements for high school graduation for three years, an uproar ensued. Republicans charged that the state had abandoned academic standards, while the Democratic governor’s spokesperson declared that the move would help benefit the state’s “Black, Latino, Latinx, Indigenous, Asian, Pacific Islander, Tribal, and students of color.” Continue reading

Book Review: Carissa Byrne Hessick’s “Punishment Without Trial”

University of North Carolina law professor Carissa Byrne Hessick tells a very curious story in her new book, Punishment Without Trial: Why plea bargaining is a bad deal.” Carissa is in New York City to attend a criminal law conference at NYU, one I too was asked to speak at but begged off. She stayed a day extra in New York to spend with prolific twitter activist, Scott Hechinger, who took her to a Brooklyn criminal courtroom, where he schooled her.

“In this courtroom, the rule is no talking, no eating, no drinking, no using your cell phone, and no reading.” This message was delivered to me while I was sitting on a bench in a courtroom in Brooklyn one April morning. The message was delivered in a low voice by Scott Hechinger, an attorney with the Brooklyn Defender Services, who was sitting on the bench next to me.

“Why no reading?” I asked. Continue reading

Nicholson: Defending Sex Crimes Is A Woman’s Job

Ed. Note: The following is a guest post by Jessa Nicholson, partner at Nicholson Goetz & Otis in Madison, Wisconsin. Jessa’s post comes as an “in the trenches” view following the recent criticism of women defending men accused of sex offenses, as if a defense lawyer defending defendants of the wrong sort of crime was a traitor to her gender.

I had a draft of this guest post saved on my computer to send when I found myself arguing in opposition to the admission of “other acts” evidence in a campus sexual assault case I’m handling. I’m one of those women that sells out the sisterhood by defending people accused of sex crimes. Continue reading

Short Take: Family Privilege, Dismantled

Is it cheating to have a family? Loving and supportive parents? After all, not everyone has one. In some cases, it’s a product of misfortune, a parent lost to disease or accident. In other cases, it’s a parent’s poor choices that give rise to their not being nuclear. And sometimes, the parent is there, but not very good at it and possibly really bad at parenting. So if you had good parents, a good and caring family, have you enjoyed a privilege that should be stripped from you to even the score in the name of equity?

Like White privilege, family privilege is an unacknowledged and unearned benefit instantiated in U.S. laws, policies, and practices and bestowed upon traditional or “standard” nuclear families to the disadvantage of non-traditional configured family systems (e.g., sole-parent families, unmarried committed partners rearing children together, grandparents raising grandchildren). Family privilege is defined as the benefits, often invisible and unacknowledged, that one receives by belonging to family systems long upheld in society as superior to all others. It serves to advantage certain family forms over others and is typically bestowed upon White, traditional nuclear families. Continue reading

Short Take: Toilet Justice

Not only did a protester who called herself “Blanca” follow Arizona Sen. Kyrsten Sinema into the women’s room to exercise her right to express her grievance, but it was recorded for all to see and applaud.

Continue reading