Many have wondered what the rationalization could be when “survivor” advocates complain that the new Title IX rules make it too hard for “victims” to accuse male students of sexual misconduct. The answer isn’t hard to state: it’s that accusers feel burdened by the potential of being put to the test of proving the truthfulness of their claims. If they’re simply believed without question, they feel no such burden.

If they’re required to prove their accusation, or even worse, challenged by the accused, the trauma of their victimization will be multiplied, their pain re-inflicted, and so they will be more reluctant to come forward. Accordingly, their rationalization goes, the perpetrator of their sexual wrong will not be taken to task and will be free to inflict his maleness on other unaware women. Continue reading →

The lawyers defending Coastal Carolina University were proud enough of their win in the first ever Title IX trial, getting a defendant’s verdict, that they wrote it up within days for their .

Jim Gilliam and Hunter Freeman successfully represented Coastal Carolina University in a five-day federal jury trial involving Title IX of the Education Amendments of 1972. While plaintiff was a student at the University, a female student accused the male plaintiff of sexual assault. The University followed its policies in conducting an investigation and engaging in the student-disciplinary process. Ultimately, the student-disciplinary process found plaintiff in violation of the University’s policies and permanently dismissed the plaintiff from the University. Continue reading →

Part of Shawn Thomason’s argument on appeal of his stalking conviction and upward departure at sentence was prosecutorial misconduct of an unusual nature.

Second, Thomason argues that his conviction must be vacated because the prosecution engaged in misconduct by referring to him with masculine pronouns and with “stereotypes” like “gunman” and “boyfriend.” He also contends that the prosecution ignored his diagnosis of gender dysphoria by claiming that the women’s clothing found in his car was for JNS when the record showed that Thomason sometimes wears women’s clothing.

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The House voted to reauthorize the lapsed Violence Against Women Act ((VAWA), which maintains that curious name given how much of the domestic violence is purports to address is committed by women as well as men. The political angle of the bill is to make it unpalatable to gun-rights activists and politicians by “closing” what Democrats call the “boyfriend loophole,” thereby enabling Dems to claim that Reps don’t care about women when their problem with the amended bill is the law’s extension of the forfeiture of Second Amendment rights to men convicted of misdemeanor “domestic abuse and stalking” to boyfriends as well as spouses.

The most contentious issue in the House-passed bill is a provision that expands the criminal threshold to bar an individual from buying a gun to include misdemeanor convictions of domestic abuse or stalking. It would also close the so-called boyfriend loophole to expand the definition of who is affected by existing gun prohibitions to include dating partners. “This legislation makes it clear that Democrats consider gun ownership a second-class right,” said Rep. Bob Good, R-Va.

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The explanation given way back when for the “reasonable person” standard is that people can only be judged by an objective standard of reasonableness. After all, there is always somebody who is so fragile, so delicate, so easily outraged that they will lose it over anything or find cause to be traumatized if that’s what they’re inclined to be. But that can’t possibly work for a society, since people cannot guide their conduct in accordance with the most fragile person alive, right?

Maybe not any more. Continue reading →

Torture? Not for a day or week, but a year? Ten years. A child? A pregnant woman? Even without other vulnerabilities, solitary confinement stands a good chance of breaking a person. Of that, there is little doubt.

Corrections officials first turned to this strategy in response to growing gang violence inside prisons, Dvoskin says. Though critics contend that administrative segregation has never been proven to make prisons safer, use of this type of confinement has continued to rise. That’s worrisome to most psychologists who study the issue. Deprived of normal human interaction, many segregated prisoners reportedly suffer from mental health problems including anxiety, panic, insomnia, paranoia, aggression and depression, Haney says (Crime and Delinquency, 2003).

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It was, to be blunt, astounding.

The City of Minneapolis agreed on Friday to pay $27 million to the family of George Floyd, the Black man whose death set off months of protests after a video showed a white police officer kneeling on his neck.

On the one hand, there is a strong likelihood that this suit would have been dismissed on the basis of qualified immunity, as the use of common restraint techniques, permitted under departmental policy, seems highly likely to fall below a clearly established violation of constitutional rights, if, indeed, it’s a violation of constitutional rights at all. That it resulted in death isn’t the test, a detail that many will find unacceptable but is nonetheless the law. Continue reading →

At Volokh Conspiracy, Josh Blackman picked up on a curious diktat at the Georgetown Law Journal.

I recently came across the Georgetown Law Journal’s author diversity amendment. It was ratified in the spring of 2020. (I am not certain the date). The policy creates an express quota for reviewed articles:

During each articles-assignment period (usually each week), at least 25 percent of the total articles the Senior Articles Editor assigns shall be written by diverse authors as defined by (i). Continue reading →

Remember Justice Ruth Bader Ginsburg? Paul Campos does.

Justice Ruth Bader Ginsburg was widely, and deservedly, criticized for her refusal to retire from the Supreme Court at a time when a Democratic president could have chosen her replacement.

She could have retired during President Obama’s term of office. You know, that time during which Nino Scalia passed away and Merrick Garland was nominated to replace him, but Mitch McConnell gamed the delay and got away with it. Justice Ginsburg was asked. She said no. She wasn’t appointed to the Supreme Court to facilitate a political passage to her successor, but to be an associate justice of the Supreme Court, and that was exactly what she planned to do. Continue reading →

Eugene Volokh writes about the tentative ruling in the action by former-rep Katie Hill against the Daily Mail and Red State for publishing the nude pics of her. When it happened, Hill was simultaneously the victim of revenge porn and a woman in power taking power asymmetry advantage of her subordinate. Darn those conflicting demands, not that it had any impact on those who would capitalize on the matter to push their own agenda.

Hill could have stayed and fought. Instead, she quit and sued. She chose poorly. Continue reading →