Posts Tagged ‘Miller-Jenkins case’

Law schools roundup

  • “Law school plotted to sabotage its own students?” [Steele, Cassandra Burke Robertson, Caron on Phoenix allegations]
  • Bryan Garner’s take on law reviews [Green Bag]
  • Washington & Lee’s innovative practice-oriented third year has drawn much attention, but job placement results lag [Deborah Merritt via Alice Woolley]
  • “Law school sues for liability insurance coverage” [VLW on Liberty U., Miller-Jenkins kidnapping case]
  • The business of one high-flying law school: documents shed light on NYU [Joe Patrice, Above the Law]
  • Concussions: NFL players’ union to fund $100 million Harvard project, including HLS, on football and health [Cohen, Prawfs, with further thoughts from a notorious gadfly on lobbying by lawprofs]
  • John O. McGinnis and Russell Mangas, “An Undergraduate Option for Legal Education” [IRLE/SSRN]
  • Toward more sensible law school rankings? ABA makes it harder to count higher expenditures themselves as a plus [Above the Law]

March 18 roundup

  • Justice done in Tewksbury, Mass. as feds won’t appeal loss in Motel Caswell forfeiture case [Institute for Justice]
  • Oh, FTC: “Government Now Says Tweets Have To Include ‘The Fine Print'” [Business Insider]
  • Judge lifts “no Facebook posts” order against class action objector [Paul Alan Levy, ABA Journal, earlier]
  • House Judiciary Committee hearing on litigation abuse feature Ted Frank, John Beisner [link to video, Chamber-backed LNL]
  • Update: minister who aided Miller-Jenkins custody-napping gets 27 month sentence [AP,earlier]
  • Pennsylvania high court judge convicted on charges of using state staff for campaign [AP] Also in Pa., wife/chief aide of high court justice “has received 18 payments as referral fees for connecting law firms with clients” [Philadelphia Inquirer] “Arkansas Supreme Court Justice reports $50k gift from plaintiff lawyer” [LNL]
  • Widow sues church for refusal to accept NASCAR-themed cemetery headstone [IndyStar]

Law schools roundup

  • Conservative-turned-away case: “Jurors say they saw hiring bias at U. of Iowa” [Des Moines Register, Caron, Adler/Volokh] Wagner will seek retrial [Daily Iowan]
  • David Lat on the GMU Law conference on law school and lawyer markets [Above the Law, earlier]
  • ABA accreditors defend, but tinker with, standards for minimum law school libraries [Caron]
  • “Comparative notes on German legal education” [Darryl Brown, Prawfs]
  • Spinoff of Miller-Jenkins case: Janet Jenkins sues Liberty U. School of Law charging assistance to custody-nappers, dean calls suit frivolous [ABA Journal]
  • “Law Schools Now 5-0 in Placement Data Fraud Lawsuits by Alums” [Caron] Charles E. Rounds, Jr. reviews Brian Tamanaha book [Pope Center]
  • Does Peoria, Ill. need a new law school? Surely you jest [Campos]

Law schools roundup

  • U. Miami: “Law School Email Draws Fire Amid Hotly Contested Retention Election for 3 Top Florida Judges” [ABA Journal, earlier on election]
  • Janet Jenkins sues Liberty U. School of Law, charging assistance to custody-nappers; school describes suit as baseless [ABA Journal, earlier on Miller-Jenkins custody case]
  • “Maybe a lawprof is not what you want in a politician. And yet, Bill Clinton was a lawprof. So was Hillary Clinton. And there are different types of lawprofs. They don’t all listen, give ground, and offer complex caveats!” [Ann Althouse]
  • “Former law student became a chronic litigant” [Boston Globe]
  • Andrew Morriss on Tamanaha’s Failing Law Schools [Liberty Law]
  • “Institute for Humane Studies Webcast on the Pros and Cons of Law School” [Ilya Somin]
  • Fred Rodell knew: reasons not to write law review articles [Matthew Salzwedel, Lawyerist] What a rising law professor should put in a book review [Pierre Schlag via Prof. Bainbridge]
  • Bradley C.S. Watson on law school progressivism [National Review, pay site, mentions Schools for Misrule]

August 17 roundup

New at HuffPo: Bryan Fischer, the Miller-Jenkins case, and kidnap apologetics

The American Family Association’s zany yet high-profile Bryan Fischer is in the news for calling for an “Underground Railroad” by which his fellow believers would “rescue” kids from gay parents. In my new Huffington Post piece, just up, I trace two main threads in his argument — that gay parents are a menace to their kids, and that extralegal steps are called for to put “God’s law over man’s” – and show how the same messages have been emanating lately from some rather more respectable social-conservative quarters, in Princeton, N.J. and elsewhere. The controversy develops in part from the Miller-Jenkins custody and kidnapping case, long a topic of coverage in this space; in the latest development, Mennonite clergyman Kenneth Miller (applauded by Fischer) has just gone on trial for allegedly abetting the spiriting of Isabella Miller-Jenkins (no relation), now 10, out of the country in defiance of court orders.

Fischer now says he wasn’t suggesting that kids of same-sex couples be abducted from their beds by Christians unrelated to those children, but he definitely is encouraging believers to use extralegal force in cases that pit one of theirs against a gay parent in a custody dispute. He hints broadly that the next test case after Miller-Jenkins will be that of a divorced woman he describes who is losing custody to her gay ex-husband, and who just might disappear with the child into the “Underground Railroad” he promotes. Meanwhile, the Liberty University School of Law in Lynchburg, Va., whose faculty has multiple connections with Lisa Miller’s side of the Miller-Jenkins litigation, stirred criticism when related civil-disobedience precepts reportedly emerged as part of the curriculum in a class.

It might be added that this, like so many unsettling developments on the Right, is not without its parallels on the Left. Since the 1980s and the famous Elizabeth Morgan case, some feminists have operated a so-called Underground Railroad to enable mothers to defy court orders and abduct their kids away from fathers with shared custody or visitation orders. Usually some allegation is made of abuse, but the tactic has been used and applauded even where a judge has considered the abuse allegations and declined to accept them. (Law prof Nancy Polikoff discusses her mixed feelings about the Miller-Jenkins case here).

Reacting to the potential for lawlessness in this realm, Congress has passed at least two statutes of relevance: the International Child Abduction Remedies Act, signed by President Ronald Reagan in 1988, and the International Parental Kidnapping Crime Act, signed by President Bill Clinton in 1993.

Update Aug. 15: Jury convicts Kenneth Miller.

Law schools roundup

Law schools roundup

  • Refuting a law review’s vaccine-autism claims [Orac, Respectful Insolence, more, Fair Warning]
  • Should sue-the-cops fliers have used Suffolk U. law school logo? [Boston Herald via Wood, Chronicle]
  • “There’s a saying that ‘the law you learned in law school is the law'” [Bill Araiza, Prawfs]
  • Annals of legal scholarship: law review article on “planetarian identity formation” [SSRN] Larry Ribstein on the trouble with law reviews [TotM, earlier]
  • Enough with the “balance” talk, says organizer of Hastings Law conference on Palestine rights [SFGate]
  • “The entire law school industry … a significant profit center for universities — is a giant bubble” [The New Republic] “Mind-boggling” tuition increases hard to explain other than as product of market distortions [Hans Bader]
  • Liberty Law exam question on notorious kidnapping case raises eyebrows [Sarah Posner, Religion Dispatches; background]
  • “It’s Deja Vu for Louisiana Economy as Law School Clinic, Activists Challenge Air Permit” [WLF]

November 21 roundup

  • Federalist Society annual convention (which I attended) included panels on anonymity and the First Amendment, judicial recusals, many other topics;
  • Nomination of R.I.’s McConnell to federal bench could soon reach Senate floor [ProJo]
  • “Why U.S. Taxpayers Are Paying Brazilian Cotton Growers $147 Million” [NPR via Popehat]
  • “Litigation Governance: Taking Adequacy Seriously” [Trask, Class Action Countermeasures]
  • “Family” groups vs. a family, cont’d: Vermont Supreme Court upholds Miller-Jenkins custody ruling [Volokh, BTB]
  • OSHA allows more comment on what could be an extremely expensive mandate against noise in the workplace [ShopFloor]
  • Cops who inform on cops are often left to twist in wind [Balko]
  • Interview with Mark Zaid, collector of comic book art with law/legal themes [Abnormal Use]

December 31 roundup

  • “Court to Plaintiffs: You Have Zero Forum Shopping Days until Xmas” [Jackson; New Yorker seeks to refile pharmaceutical case in Minnesota to overcome statute of limitations defense]
  • Miller-Jenkins battle: Mathew Staver of whimsically named Liberty Counsel won’t comment on whether client has kidnapped child in pursuit of continued defiance of court order [BTB, WSJ Law Blog, background]
  • “How many college football coaches have law degrees?” [Above the Law; Mike Leach vs. Texas Tech] More: Michael McCann, Sports Law; Carter Wood at Point of Law.
  • “Struck by a restaurant’s decor” good if it’s just a figure of speech, bad if it’s falling taxidermy [Lowering the Bar]
  • Trial lawyer message in support of med-mal litigation falls on some credulous ears in media [White Coat]
  • On airport whole-body imaging, some privacy advocates seem to have changed tune [Stewart Baker]
  • “Litigant Guru of Gwinnett, Georgia Loses Lawsuit” [sanctioned over defamation claim; Bad Lawyer via AtL]
  • Step right up and win cash for your vote in the ABA’s blogospheric beauty pageant [Scott Greenfield] Update: contest wraps up [Legal Blog Watch]