- After collapse of Rolling Stone article on alleged University of Virginia gang rape, who might prevail in a libel suit against whom? [Volokh] Someone with much to answer for: UVa president Teresa Sullivan [Glenn Reynolds]
- Much-discussed Judith Shulevitz piece on campus climate [New York Times] John McWhorter challenges the White Privilege 101 curriculum [The Daily Beast]
- Ithaca College gets in the swing of the federal guidance with its own anonymous microaggression snitchline [Greg Lukianoff]
- Lawyer for University of Rochester “Demands Yik Yak Take Down Posts, Turn Over User Info” [Tim Cushing, TechDirt]
- Academic-purity group backed by Greenpeace and AFT urges activists to “expose and undermine” professors and campus research centers that work against “progressive values.” [Kim Strassel, WSJ; related earlier] (& welcome Instapundit readers)
- NLRB decision in Pacific Lutheran University case could menace private colleges by herding more faculty into unions [Charles Baird, Pope Center]
- University of Texas still covertly doing race preferences, and SCOTUS should step in, argues Cato brief [Ilya Shapiro] Related: “U. of Texas’ Chief Might Have Exposed Its Admissions Policy to New Supreme Court Challenge” [Chronicle of Higher Education] University of Texas and legislature “Just Keep Digging That Wallace Hall Hole Deeper for Themselves” [Dallas Observer]
- Arkansas passes first-in-nation law to protect photographers’ rights, including right to film public employees/officials [Dan Greenberg, The Arkansas Project] “Colorado, Texas and California Lawmakers Introduce Bills to Protect Rights of Citizens to Record Cops” [Carlos Miller, Photography Is Not A Crime] On the other hand: “Texas Bill Would Make It Illegal For You To Film A Cop Beating You” [Lowering the Bar, more (“if you tell me I can’t film you in public, no matter what, filming you in public is going to move way up my priority list”)]
- “‘Deactivated’ Facebook Account Is Discoverable In Litigation” [Eric Goldman]
- Public records request for Oakland dataset makes good introduction to privacy issues in automatic license plate recognition [Cyrus Farivar, ArsTechnica] “Los Angeles Cops Argue All Cars in LA Are Under Investigation” [Jennifer Lynch, EFF]
- “Texas says it will stop collecting fingerprints of driver’s license applicants” [Dave Lieber, Dallas Morning News, earlier]
- “An elite that has lost the impulse to police itself” [Conor Friedersdorf; a contrary view, Stewart Baker podcast with Rebecca Richards, NSA director of privacy and civil liberties]
- “Stingrays and Police Secrecy” [Adam Bates, earlier]
- Taxopticon: “Newport News to begin scanning license plates to find delinquent taxpayers” [Theresa Clift, Daily Press (Virginia) via Amy Alkon]
- Lester Brickman, others testify before House subcommittee on proposed asbestos-reform FACT Act [Chamber-backed Legal NewsLine]
- “B.C. student-turned-dominatrix awarded $1.5M after car accident left her with new personality” [National Post]
- Here, have some shredded fairness: New Jersey lawmakers advance False Claims Act bill with retroactive provisions [NJLRA] Maryland False Claims Act, which I warned about last year, reintroduced as leading priority of new attorney general Brian Frosh [Maryland Reporter; my coverage here, here, etc.]
- Oregon: a “man badly burned when he poured gasoline on a fire is suing Walmart, claiming the gas can he bought there was defective.” [KOIN]
- Minnesota jury is latest to buy sudden-acceleration case, awards $11 million against Toyota [Reuters]
- Insurers, trial lawyers gear up for Texas legislative fight over hailstorm litigation [Bloomberg/Insurance Journal]
- Breaks ankle in “watch this” stunt, files negligence claim, but some spoilsport posted the footage to YouTube [U.K.: City of London police]
HB 274’s motion-to-dismiss/fee-shifting provision is getting more use than some foresaw at the time [Angela Morris, Texas Lawyer, quoting Austin attorney David Chamberlain]
- Oh, no: “Ferguson to Increase Police Ticketing to Close City’s Budget Gap,” because three arrest warrants per household is still too low [Bloomberg News via Zach Weissmuller (& thanks for quote), earlier]
- In years 2011/12 alone, one Buffalo officer “killed as many dogs in the line of duty as the entire NYPD.” [WGRZ]
- “He believed the poor had the right to buy and sell.” Tunisia yes, Staten Island too? [David Boaz, USA Today]
- “The language of protest: Race, rioting, and the memory of Ferguson” [Abigail Perkiss, NCC/Yahoo, mentions me]
- “Red light cameras to go dark in New Jersey” [Josh Kaib, Watchdog Wire] “Public opinion swings hard against traffic cameras” [AutoBlog]
- On interpreting statistics on race and policing, point counter-point [Scott Alexander, Ezra Klein, Alexander] Reminder: increasing ranks of black officers does not necessarily lead to fewer shootings of black civilians [Jamelle Bouie, Slate]
- “Sex, Spice, and Small-Town Texas Justice: The Purple Zone Raid” [Reason.tv video]
- UCLA admins grovel, humiliate veteran profs over charges of “microaggression” [Heather Mac Donald, City Journal] Meanwhile, this piece on overuse of disability card/trigger warnings in academic settings has already gotten labeled #AbleistAbuse so read at own risk [June Thunderstorm, The Baffler]
- Toughened D.C. truancy laws “flooding schools with paperwork and pushing tardy students into the criminal justice system” [WP]
- Polite opinion beginning to turn in favor of procedural protections for accused in campus sex cases? [Ruth Marcus, Washington Post] Richard Painter: accused minorities may be at disadvantage under new house rules [Legal Ethics Forum]
- Schoolboy hurts himself opening emergency exit at back of bus, lawsuit follows [NY Daily News]
- Union fines Nassau Community College adjuncts for not “supporting” strike, including one who was on leave at time [Newsday] P.S. Union situation over at Rockland Community College has its own problems;
- Before registering for classes, students at some universities must submit to Title IX training with wildly intrusive personal questions [Susan Fruth, FIRE]
- Summary of Eric Hanushek’s expert report in Texas school finance case [Texas Public Policy Foundation]
Justice Scalia on the rule of lenity in U.S. v. Santos, 2008:
This venerable rule not only vindicates the fundamental principle that no citizen should be held accountable for a violation of a statute whose commands are uncertain, or subjected to punishment that is not clearly prescribed. It also places the weight of inertia upon the party that can best induce Congress to speak more clearly and keeps courts from making criminal law in Congress’s stead.
Vikrant Reddy (footnotes omitted):
Although this understanding should be perfectly ordinary, the application of the rule of lenity has in fact begun to erode dramatically in recent years. This has happened in concert with a troubling phenomenon: the dramatic growth of criminal law in a variety of non-traditional arenas, generally involving freely agreed-upon exchanges between adults. These “business crimes” (which include such things as harvesting oysters at the wrong time of day, improperly thrashing pecan trees, or even mislabeling citrus fruit) are increasingly exempt from the ordinary application of the rule of lenity in the minds of many judges and prosecutors.
Tim Lynch of the Cato Institute has even argued that the ordinary application of the rule of lenity “has been turned on its head.” He has observed that “When an ordinary criminal statute is ambiguous, the courts give the benefit of the doubt to the accused, but when a regulatory provision is ambiguous, the benefit of the doubt is given to the prosecutor.”11 What is troubling is that while defendants found guilty of these business crimes are subject to criminal sanctions—including prison—they increasingly do not enjoy the fundamental due process protections that are supposed to be guaranteed by the rule of lenity.
His paper for the Texas Public Policy Foundation recommends:
• Texas should formally codify the rule of lenity in the state code.
• The rule of lenity is a partial solution to a larger problem — the overall trend towards overcriminalization in American life.
• Fewer “business crimes” would mean fewer crimes for whichthe rule of lenity is disregarded.
- Texas trial lawyer lobby has attacked Greg Abbott on theme of his accident for years without success, Wendy Davis would have been smarter to tell ’em no [Politico]
- Wondering about ObamaCare rate hikes? You’ll get to find out right after the election [Washington Times]
- “Four more years of ‘pay-to-play’ if DeWine returns as Ohio AG, says Dem challenger” [LNL]
- Blades concealed? Environmental group’s Iowa, Colorado attack ads play bad cop to wind lobbyists’ good cop [Tim Carney]
- “W.Va. trial lawyers’ campaign donations near $600K” [W.V. Record]
- With all the serious issues in the Maryland governor’s race, what’s this guy doing writing a parody song about Anthony Brown’s “Frederickstown” gaffe? [Free State Notes]
- “Dear Trial Lawyer Colleague, One of our own, Bruce Braley, is in the fight of his life” [Joel Gehrke, earlier]
Paging the Brennan Center and Justice at Stake! “The law firm that profited the most from insurance suits in the aftermath of Hurricane Ike is sending hundreds of thousands of dollars into the campaign fund of the former judge who presided over the lion’s share of the litigation.” Houston plaintiff’s attorney Steve Mostyn and his wife Amber have vaulted into the ranks of some of the nation’s top political donors lately. [Chamber-backed Legal NewsLine; earlier on Mostyn]
More tasteful advertising, this time for a Fort Worth practitioner.