California regulates college sex, in a law just signed by Gov. Brown and applying to campuses that accept state money. Key passages:
It is the responsibility of each person involved in the sexual activity to ensure that he or she has the affirmative consent of the other or others to engage in the sexual activity. … Lack of protest or resistance does not mean consent, nor does silence mean consent. Affirmative consent must be ongoing throughout a sexual activity and can be revoked at any time. The existence of a dating relationship between the persons involved, or the fact of past sexual relations between them, should never by itself be assumed to be an indicator of consent.
More tasteful advertising, this time for a Fort Worth practitioner.
Nicholas Quinn Rosenkranz on the significance of the IRS having targeted for unfavorable scrutiny “organizations involved in….educating on the Constitution and the Bill of Rights.” [Volokh Conspiracy] “Presidents have always sought to push against the constitutional limits of their power; but never have they targeted those who merely teach about such limits.”
A Connecticut state commission charged with coming up with policy recommendations after the Sandy Hook elementary school massacre is considering a draft proposal that would slap new regulations on homeschooling families. “Parents who home-school children with significant emotional, social or behavioral problems would have to file progress reports prepared by special education program teams” under the scheme. [Connecticut Post]
Zen Magnets, the last producer left standing after the agency vanquished BuckyBalls and its maker, says it will fight in court. [Denver Business Journal, Nancy Nord; picture credit, Zen Magnets Facebook page]
Adventures in bankruptcy and other high-stakes litigation. [Stacy Perman, Fortune]
But what if the alternative for clients is no car at all? [Megan McArdle]
News reporters, nature lovers, scientists and Western lawmakers are in an uproar over the Forest Service’s plans to finalize a ban on taking photographs in federally designated wilderness areas without permission of the service. A spokeswoman “said the agency was implementing the Wilderness Act of 1964, which aims to protect wilderness areas from being exploited for commercial gain.. … ‘We have to follow the statutory requirements.'” [Oregonian, Coyote and followup, ABA Journal]
Update: Service backs down, at least to the extent of acknowledging that it needs to clarify the scope of the ban.
At least per this apparently official page from the University of Michigan; one hopes the institution is not planning to incorporate those notions into its (federally shaped) student discipline policies. [College Fix]
P.S. Related on “campus rape culture” furor: Cathy Young/Slate, Coyote, Scott Greenfield.
In Bristol County, Mass., the force of public prosecution will protect your lawful comings and goings only when the D.A. approves of them [Eugene Volokh on environmentalist blockade case, earlier]
Don’t yield to the temptation to enhance your “Los Angeles Business Litigation Attorney” website by posting pictures of your image Photoshopped in with celebrities [Svitlana E. Sangary, facing California bar discipline over charges of deceptive advertising and other misconduct; Lowering the Bar]
Many aspects of Eric Holder’s tenure as Attorney General appalled me. I assume, however, that they reflect conscious policy from higher up and will continue under whoever replaces him. Earlier mentions of Holder here and here.
Video now out from Save Farm Families on the Hudson Farm case (earlier). Description:
Collateral Damage: Farm Families Under Attack reviews the questionable political and academic actions that enabled the New York-based Waterkeeper Alliance to push forward with its lawsuit against the Hudson family, and the continuing threat that environmental extremists pose to family farmers, not just in Maryland but across the nation.
I wrote about the case here, here, and here. It raises questions of legal ethics (when the mistaken factual basis for a claim is revealed, aren’t the attorneys obliged to withdraw it?), ideological adventurism in the environmental sphere by state-affiliated law schools, and the need for loser-pays. Maryland Attorney General Doug Gansler, who failed in a bid for the Democratic nomination for governor, comes off badly in the video, and America’s Most Irresponsible Public Figure® Robert F. Kennedy, Jr., even worse.
[cross-posted from my Maryland blog Free State Notes; more on RFK Jr.'s latest foray into public discussion, in which the celebrity scion/frothing hothead again demands the incarceration of various persons who take the opposite side from him in environmental controversy]
Under a potentially far-reaching ruling by a federal judge interpreting California state law, satellite and streaming music services like SiriusXM and Pandora — and maybe bars and restaurants too — could be liable for vast sums for having broadcast pre-1972 recordings without obtaining “public performance” permission under California state law. [Hollywood Reporter's THR Esq; plus a very informative take from Jesse Walker]