I still remember when I finally said, “screw it.” It was during the comments* to this post about Revenge Porn Princess Mary Anne Franks calling Techdirt’s Mike Masnick a liar. As I read my responses again, I cringed. Back then, I still tried to be relatively inoffensive to the delicate sensibilities of commenters. But then I realized it wasn’t possible.

Unlike some folks, it made no sense to me to deliberately provoke the wrath of the insipid. It came anyway, as demonstrated by Franks’ immediate resort to name-calling against anyone who pointed out that she was intellectually bankrupt. But this wasn’t some male against female thing. Indeed, my head remains in the old days of equality, where women and men were equal, meaning that both could be brilliant or idiots, as deserved, and if a woman was full of shit, you said so. Women were tougher then.

But this was the post that ended it for me. It’s not that I chose to use words designed to provoke unnecessarily, but that there was no avoiding the fact that anything shy of being an obsequious sycophantic ally to the cause would make me a shitlord regardless of what I had to say. And there was no way I was going to temper thoughts to align with the girls’ feelings. So, screw it.

A Bloomberg Views writer, Noah Smith, who apparently has deep cred among the -isms, wrote a series of twits which reflects his partial epiphany. Continue reading →

On this, Laura Dunn is absolutely right. Dunn is a lawyer and executive director of SurvJustice, a “survivor legal advocacy group.” Her job as ED isn’t to be fair, or even right, but to do everything in her power to further the goals of the organization. And so she tried:

Dunn criticized other FIRE proposals, such as the “clearly stated presumption of innocence.”

“A presumption of innocence advantages the accused only, and Title IX requires equity,” Dunn wrote in an email. “No presumption should be made either way, and schools should engage in an inquisitorial process to determine the truth rather than artificially favor the accused going into it.”

Dunn also wrote that she “100 percent” disagreed with a student’s right to have an attorney present.

“This is not court,” she wrote.

Continue reading →

Ken White called in on the twitters.

Granted, it took a few days before the answer appeared, but the winner is . . . the Daily Caller.

Arrested Utah Nurse Had It Coming

It would be hard to come up with a worse headline, but that’s on whoever dreamed up this clickbait. But the post itself? That falls on the shoulders of the author. Continue reading →

Who would have guessed that an op-ed by University of Pennsylvania law professor Amy Wax, with San Diego lawprof Larry Alexander, would have raised such a ruckus by extolling the virtues of traditional American norms?

[18] Law professors argue colleagues’ ‘bourgeois’ ideal is racist and classist

Guest Column by five Penn Law professors | Notions of ‘bourgeois’ cultural superiority are based on bad history

Guest Column by 54 Penn students & alumni | Statement on Amy Wax and Charlottesville

Guest Column by 33 Penn Law faculty members | Open letter to the University of Pennsylvania community

Continue reading →

In an editorial of breathtaking absurdity, the New York Times blames the otherwise entirely blameworthy Jeff Sessions for police abuse in Chicago.

The wrenching shift in the Justice Department’s approach to criminal justice under President Trump is playing out painfully as Chicago tries to rein in a scandalous police culture that tolerated officers routinely abusing and killing residents, particularly African-Americans and Latinos.

The Attorney General of Illinois, Lisa Madigan, has sued Chicago for a consent decree, putting aside the meaning of the word “consent.”

“In the absence of a committed Justice Department, my office will seek the reforms and support police officers need to implement safe and constitutional police practices,” said Ms. Madigan, a Democrat, who spoke of a “broken trust” between black and Hispanic Chicagoans and their police force.

Continue reading →

Listening to former SNL comedian, now United States Senate comedian, Al Franken read his book, it became clear that any mistake, any misunderstood joke, could end up splashed across social media as if he were just a total, idiotic, screw-up. Some people are in the public eye, and they can’t afford to court malevolent scrutiny.

Trump was that sort of person, whose every move, from dotting eyes to twitting covfefe, would cause howls of outrage. At the New York Times, Farhad Manjoo cried, “leave Trump alone!”

As protesters across the country marched in opposition to neo-Nazis this month, President Trump did something truly shocking on Twitter: He issued a level-headed statement praising the marchers.

“Our great country has been divided for decades,” he wrote on Aug. 19. “Sometimes you need protest in order to heal, & we will heal, & be stronger than ever before!”

But Mr. Trump’s belated attempt at statesmanship was overshadowed by what, for him, has become a frequent problem: He had flubbed his spelling. In some earlier versions of his olive-branch tweet, he had rendered “decades” as “decade” and “heal” as “heel.” The misspellings were up for only minutes before he deleted and corrected his tweets, but he was roundly mocked on Twitter.

While the rest of us were ridiculing the president for his bad spelling, Manjoo wanted us to chill out. Continue reading →

The Daily Kos is still around, much to the pleasure of conservatives, for whom it provides a perfect foil.

And, finally, I naïvely believed that liberals will finally take the threat of people who deny my humanity and call for my death seriously.

Instead, I’ve noticed a growing (and, frankly, confusing) pushback on Antifa from progressives. Suddenly, people who were supposedly on my side are denouncing a group of folks who organize against the people who will boldly march the streets shouting racist and anti-Semitic phrases. Individuals like Cornel West have explicitly said that Antifa activists have saved their lives, yet I see (white) liberals spending more time squabbling about alleged Antifa violence than pondering about what they’re doing to fight fascism and dismantle white supremacy.

There is one dilemma facing progressive calls for action. They can’t grasp that their jargonistic hysteria isn’t the least bit convincing to anyone but them. They argue the point they care passionately about as if to persuade no one who isn’t already desperately on their team, and can’t understand why everyone doesn’t see the world their way. It is, indeed, naive, not to mention unpersuasive, and yet they keep banging their head against the same wall over and over, expecting a different result. You know what that’s the definition of, right? Continue reading →

Calls come in all the time about doing TV shows. The truth is that they don’t really care about you, but that they can fill air time, which means they need you to show up, speak words, appear somewhat credible and kill time until the next TV commercial. What? You thought you were brilliant?

But sometimes, you get an odd call, such as a show about, say, an old case of yours, where you, rather than some other random attorney, are necessary.  The first question you ask yourself is why? Why would I want to waste my time to do this? They don’t pay. There’s nothing in it for you. It’s old news and the only people who will ever watch it are the terminally unemployed. There isn’t even a wisp of a prayer they will ever retain you. In fact, they’ll never remember your name, as the dead air will fill up with someone else within the hour.

Then comes the call, begging, imploring, that you give up a few hours and do it. Sigh. Fine, whatever. The chat with the producers to prove you’re not brain dead, then the car comes and takes you to the studio, where you try to maintain interest until they wrap. A waste of time, sure, but it’s done.

Usually, they have you sign a release beforehand that consists of a few lines of legalese agreeing to allow the production company to use your footage, likeness, voice in their show. You see, this isn’t a “news” show, but an entertainment show. This was old news, an old case, and there is nothing newsworthy about it, so they need your permission. It’s a two-second process, “I release…” and you’re out of there. Continue reading →

There’s a problem. Judge Kopf tried to show it with his post about Chief Judge John Marshall, and some of the comments, in return, made it hard to ignore. With the utmost earnestness, some struggled to find a principled distinction between the “good” old Americans and the bad ones. Others just condemned them all, because they failed miserably to meet the moment’s vision of a Great American.

Whom are we allowed to honor? Whom should we remember? How do we distinguish the good from the evil?

At Prawfsblawg, Rick Hills took his life in his hands by positing a metric that might satisfy the scholars with torches and pitchforks, as well as the little children who would gather the firewood so they can be burned at the stake.

That we should all be judged by the temper of our times naturally gives rise to the question: How well would we score if we were born in earlier times? There is a progressive smugness that judges the past by what we know today but avoids the touchy question of how we would be judged were we born in the world of yesterday. Continue reading →

She was an alpine skier in the 1998 and 2002 Olympics under the name Shaffer, and is now a nurse at Salt Lake City’s University Hospital. It may not take bravery to be an elite skier, but it takes grit. And Alex Wubbel had both bravery and true grit.

Det. Jeff Payne wanted to take a blood draw from an unconscious patient, not because he had any probable cause to believe that he was drunk or high, but because he was told to do so. The patient, a reserve police officer who drove a tractor-trailer, had been in a fatal crash and was severely burned.

Payne was told by his watch commander to draw blood. Wubbels refused to let him. Payne had cuffs and a gun. All Wubbels had was law and the grit to tell the cop “no.” Continue reading →