Painful as it may be to say this, Alexandra Brodsky isn’t entirely wrong.

The men* mourn due process. Last week, Harvey Weinstein attended a “speakeasy for artists,” where, as he should have expected, a comedian pointed out that #MeToo’s top villain was in the audience. Two other performers directly confronted the Hollywood producer, who awaits a rape trial. Their comments were, a Weinstein rep decried, “an example of how the public is trying to squash due process.” Some of the critics later reported they were escorted out of the club without any kind of process of their own. One, Zoe Stuckless, recalled: “This guy was leading me out the stairs, just repeating ‘due process, due process’ to me.”

While there are some serious doubts any of this happened as Brodsky claims, not because they didn’t happen but because Brodsky lacks the cred to believe her in the absence of better proof, and she is, as one would expect, disingenuous in her spin, as the “due process” connection exists as Weinstein is universally reviled and treated as guilty despite not having been convicted of anything, the point remains. Hating him, even without conviction, isn’t a denial of due process. Continue reading →

When Mouhamed Thiam finally stood before the arraignment judge, charged with an A misdemeanor for possession of oxy and a B misdemeanor for open possession of weed, he had one goal. Get out of that courtroom and onto the street. In the trenches, this is usually the prime directive, the goal defendants want to achieve, and it’s the lawyer’s job to make it happen if possible.

But is it wrong? Maybe. Especially if you’re a scholar or think tank pundit or activist. But guess what? The defendant who just spent the last 24+ hours in lockup awaiting arraignment doesn’t give a shit about your theories, your scholarship, your saving the world. He wants to get out of the cuffs and into his own bed.

Thiam copped a plea to the oxy and got time served, which means he walked out the back door to freedom. Except the oxy charge was what lawyer call “imperfect,” because probable cause could not be made out by a cop’s observation, based on his “experience and training.” Weed can. A pill, however, is just a pill. What’s in the pill requires a lab report. There was no lab. Continue reading →

At Volokh Conspiracy, Josh Blackman proposes a radical solution.

Going forward these interrogations should be treated as hostile depositions. A court reporter and videographer should be present, as well as private retained counsel to push back on unfounded accusations.

The letter from the ABA’s standing committee on the federal judiciary found Ninth Circuit nominee Lawrence VanDyke “not qualified.”

Some interviewees raised concerns about whether Mr. VanDyke would be fair to persons who are gay, lesbian, or otherwise part of the LGBTQ community. Mr. VanDyke would not say affirmatively that he would be fair to any litigant before him, notably members of the LGBTQ community.

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It’s one thing for Aaron Sorkin to alter probably the most important American novel ever written so he could put on a play of woke tropes that would have made Harper Lee cry if it didn’t kill her. But he’s now putting his not-insignificant skill at manipulating the unwary toward undermining the First Amendment in the name of his “truth.”

By the gimmick of a faux open letter to Facebook’s Mark Zuckerberg, published in the New York Times, Sorkin spins a curiously hypocritical yarn.

It was hard not to feel the irony while I was reading excerpts from your recent speech at Georgetown University, in which you defended — on free speech grounds — Facebook’s practice of posting demonstrably false ads from political candidates. I admire your deep belief in free speech. I get a lot of use out of the First Amendment. Most important, it’s a bedrock of our democracy and it needs to be kept strong.

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You remember Emma Sulkowicz, right? Right? RIGHT?!? After her performance art of mattress carrying, using false accusations against Paul Nungesser to carry herself to fame and momentary importance, she flailed around with bad porn and odd naked subway pics, but aside from giggling and ridicule, realized she peaked at college and might spend the rest of her life looking back at her glory days of walking around with a mattress.

Her time as icon of the victimhood in her past, and her efforts to establish herself as something other than an uninteresting pseudo-artist, she needed to reinvent herself. And so she did.

Five years ago, while a student at Columbia, Sulkowicz lugged a dorm-issue, extra-long twin mattress around campus for as long as she had to attend school with her alleged rapist. This was Mattress Performance (Carry That Weight), a globally viral art piece that made visible the weight of campus sexual assault. It transformed Sulkowicz into an icon. Since then, her artworks have regularly roused the internet: a video of her reenacting her assault, a bondage performance at the Whitney that doubled as institutional critique. This past spring, she tweeted an image that was perhaps even more provocative: a photo of her grinning alongside two of her libertarian critics — not performance art, she insists, but a byproduct of her new curiosity about other views.

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There is little doubt that Harvard Law professor Jeannie Suk Gersen has the chops. Not only is she a renowned scholar, but she’s written extensively and boldly about the failures of Title IX due process. And the case is before the First Circuit Court of Appeals, Boston’s federal appellate court, where she’s right at home. To be blunt, Gersen is a brilliant choice of representation for the appellee in Doe v. Boston College, scheduled for oral argument in less than a week.

Why then did Judge David Barron unceremoniously toss her from the case?

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At the outset, when Mary Anne Franks was first trying to establish revenge porn as a crime and denying to anyone who would listen that it didn’t violate the First Amendment, there was one hurdle even she couldn’t ignore. Mind you, she was too petty a person to admit she was wrong, but she quietly changed course to include a carve out for newsworthiness, as she was told and vehemently denied, from Day 1, was a fundamental flaw with her cries.

First term congresswoman Katie Hill, 32, resigned following the publication of photographs of, among other things, her engaging in a sexual relations with a 24-year-old staffer. What these say about her,and her decision to resign, is for others to worry about. But the cry immediately rose across the internet that Hill was a victim of revenge porn.

From the usual coterie of crazies, Jessica Valenti somehow managed to blame it on Harvey Weinstein. Continue reading →

In a scathing op-ed, professor emeritus at the University of Kent, Frank Furedi, ripped the decision by the Oxford student union to replace applause with “jazz hands.”

A new nadir was reached last week with reports that Oxford University Students Union is to replace clapping with ‘jazz hands’, where participants signal approval by silently waving both hands at the sides of their bodies, palms facing outwards.

The purported justification for this is to avoid offending those who are upset by loud noise.

In the words of the student union’s welfare and equal opportunities officer: ‘The policy was proposed to encourage the use of British Sign Language clapping to make events more accessible and inclusive for all, including people who suffer from anxiety.’

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It’s all there for the finding. All we have to do is look. It seems so obvious to so many, particularly those with an abiding faith in the power of algorithms to accomplish the task of sifting through millions of exchanges online for key words that could save lives, unearth crimes, help people. Who doesn’t want to help people?

Dozens of female high school students gathered at Maxar Technologies on Friday for an event to encourage them to further their interests and capabilities in STEM. The keynote speaker at the American Heart Association’s “Bring Stem To Life” event was 18-year-old Sherya Nallapati, a science, technology, engineering and math student who is working on a technology that scans social media profiles for potential mass shooting threats.

Getting girls interested in STEM is a goal on its own.  It’s an oddity, since the majority of college students are female, they can major in science or math if they so choose and to the extent the rationalization is that guys in STEM are unwelcoming to them (as if being made to feel special and welcome is the primary criterion for what one studies for their future career), they could seize control of STEM majors by their sheer numbers and leave the nasty male geeks in the dust. But anything involving women in STEM gets extra attention. Continue reading →

An op-ed in the New York Times has caught fire because it’s, well, completely nuts. Two 17-year-old boys of Indian descent are alleged to have engaged in some truly awful conduct toward four black middle school girls, including urinating on one of them. What this indicates, beyond two kids engaged in bad behavior, is unclear to any rational person. But Nell Irvin Painter isn’t such a person, so naturally she was given real estate in the Times.

While it’s tempting to see the reported ethnicity of the boys suspected in the assault as complicating the story and raising questions about whether the assault should be thought of as racist, I look at it through a different lens. Instead of asking what the boys’ reported racial identity tells us about the nature of the attack, we should see the boys as enacting American whiteness through anti-black assault in a very traditional way. In doing so, the assailants are demonstrating how race is a social construct that people make through their actions.

Don’t try. You’ll just hurt yourself. Nothing about this paragraph makes any logical sense, and Painter’s position as a professor at Princeton suggests that you might want to send your children elsewhere if they’re into history. Continue reading →