If Yale is any example, universities are surrendering without much of a fight to the Obama administration’s demands that they not give overmuch due process to students and faculty charged with sexual misconduct. And why does the press persist in treating as perfectly respectable Wendy Murphy, the oft-refuted roving criminal justice commentator and occasional Title IX complainant? [KC Johnson, Minding the Campus, earlier]
Tagged as:
colleges and universities,
Title IX,
Yale
Steve Chapman at the Chicago Tribune looks at the cultural and legal responses to the mounting evidence that professional football inflicts brain damage on many of its players. He quotes my view that if the litigation system carries over to football the legal principles it applies to other industries, the game isn’t likely to survive in its current form.
More, Coyote: “And don’t think the NFL does not know this. If you are wondering why they handed out insanely over-the-top penalties for bounty-gate in New Orleans, this is why. They are working to establish a paper trail of extreme diligence on player safety issues for future litigation.” And: Saving Sports (adding Title IX angle).
Tagged as:
football,
Title IX
- Cross-examination could be awkward: “Top Nevada Court Says Attorney Son Can Represent Dad in Divorce From Mom” [ABA Journal]
- “Phoenix Woman Ordered to Not Give Out Water in 112 Degree Heat Because She Lacked a Permit” [Doherty, Reason]
- Admitting no guilt, Yale capitulates to feds’ Title IX probe, promises crackdown on sexual “climate” [YAM, earlier here, here, etc.]
- Citing “egregious” ethics lapse, judge denies McGuireWoods fees in BarBri antitrust case [NLJ]
- Foreign Corrupt Practices Act probe of retailers? [Reuters, FCPA Professor] FCPA piggyback shareholder suits falter [D&O Diary]
- Obama has postponed a slew of new regulations until after November, and they’re a costly lot [Rob Portman, WSJ]
- Fifth Circuit rejects challenge to sentencing in Paul Minor case [YallPolitics, background]
Tagged as:
Foreign Corrupt Practices Act,
Nevada,
Paul Minor,
Phoenix,
regulation and its reform,
Title IX,
Yale
Lawyers from the American Civil Liberties Union (ACLU), as part of a wider campaign to pursue maximally feminist interpretations of Title IX, successfully litigate to prevent Quinnipiac University from naming competitive cheer as a varsity sport [American Sports Council "Saving Sports"] More: Richard Epstein on Title IX; background.
Tagged as:
ACLU,
Connecticut,
Title IX
- Oh, ABC: “America’s Wrongest Reporter” Brian Ross achieves another feat of wrongness [Hans Bader] “Don’t turn Aurora killer into celebrity” [David Kopel, USA Today] For the media: five tips on how not to misreport the gun angle [Robert VerBruggen, NRO]
- Ed Brayton of Dispatches from the Culture Wars challenges me on the War For Roberts’ Vote, and I respond;
- The “contains peanuts” warning on a peanut jar [Point of Law]
- “California Stats Show Elected Judges Disciplined More Often than Appointed Judges” [ABA Journal] New Federalist Society guide on state judicial selection procedures;
- “Science Quotas for Women–A White House Goal” [Charlotte Allen, Minding the Campus; Hans Bader] More: Heritage. “Title IX swings wildly at invisible enemy” [Neal McCluskey]
- So that’s what his business card meant when it said he practiced at Loeb and Wachs [AP: "Hawaii attorney convicted in ear licking case"]
- Rare occasion in which defendant is allowed to strike back: California appeals court says software executive can pursue malicious prosecution case against class action lawyers [NLJ]
Tagged as:
California,
don't,
guns,
John Roberts,
judicial elections,
loser pays,
overwarning,
science and scientists,
Title IX
- Any dollar figure will do: “Ohio woman sues for $500 billion after her car is towed” [Jalopnik]
- Rabbit-breeding without a license proves costly for Missouri family facing $90K USDA fine [Amy Alkon]
- Per Linda Greenhouse, SCOTUS in Bush v Gore said “this opinion is never to be cited.” Oh? [Ed Whelan, NRO, further]
- Boston loses young innovation-sector workers by overregulating nightlife [Dante Ramos, Globe]
- “Title IX after 40 years” is topic of a discussion and lunch this Wednesday at Cato; “CA Lawmaker Speaks Truths on Title IX, Bashing Ensues” [Deborah Elson, American Sports Council; Chris Norby]
- Department of Justice is conducting “incredibly aggressive” push against local governments under civil rights laws, or so says one supporter [Bagenstos] “School discipline and disparate impact” [John R. Martin, Federalist Society "Engage"]
- Traffic laws changed considerably following the development of the automobile. Something sinister in that, or pretty much what one would expect? [Sarah Goodyear, "The invention of jaywalking," Atlantic Cities]
Tagged as:
Boston,
restaurants,
school discipline,
Supreme Court,
Title IX,
traffic laws
- Thomas Cooley Law School in Michigan, facing class-action suit, subpoenas Colorado lawprof Paul Campos, vocal critic of schools’ disclosure policies [Campos, Scott Greenfield]
- “Maintenance of effort”: Yielding to special ed lobby, feds won’t let local school districts cut outlays [Nirvi Shah, Ed Week] “Havoc in classrooms” feared as NYC pushes least restrictive placement of disabled students [NY Post] Feds to universities: it’s an ADA violation to ask suicidal students to leave [WFAE, Popehat]
- Arizona lawmaker proposes ban on political viewpoint discrimination in faculty hiring [Inside Higher Ed]
- “University of Maryland Cuts Varsity Cheer Program” [Washington Post, Doug Robinson/Deseret News via Saving Sports]
- Due-process revolution in school discipline hasn’t worked out as intended [Richard Arum, The Atlantic] Heavy police presence in schools is something new [J.D. Tuccille, Reason] “Education Department Pushes Racial Quotas in School Discipline” [Hans Bader, CEI]
- “What Yale and the Times Did to Patrick Witt” [KC Johnson, Minding the Campus]
Tagged as:
colleges and universities,
disability & schools,
law schools,
New York Times,
school discipline,
schools,
student suicide,
suicide,
Title IX,
Yale
- Florida courts allow probe of finances of MDs who treat many injury plaintiffs [Dolman Law Group; Crable v. State Farm]
- Booster clubs: “Does Title IX Reach Voluntary Donations?” [Joshua Thompson, PLF, earlier here, here]
- Freedom to Discriminate in Choice of Roommates: 9th Circuit case of Fair Housing Council v. Roommate.com [Eugene Volokh; related from David Bernstein h/t commenter wfjag]
- PI firm employee “disliked sending clients to [chiropractors] because insurers were more reluctant to settle those claims” [ABA Journal]
- “Bill introduced to de-criminalize the Lacey Act” [Paul Enzinna, PoL; earlier on Gibson Guitar and wood imports here, here] More: Reason.tv on the raids [Balko]
- “Australia: A Cautionary Tale of Litigation Financing?” [WSJ Law Blog]
- Constitutional law book review: Jay Wexler, “The Odd Clauses” [Greenfield, Lowering the Bar]
Tagged as:
Australia,
chiropractors,
constitutional law,
fair housing,
housing discrimination,
litigation finance,
Title IX
The anti-obesity campaign isn’t the only policy initiative that’s leading to regulatory scrutiny of high school bake sales. There’s Title IX and its state equivalents, too:
Controversy in New Mexico continues over booster club funding and Title IX implementation as discussion heats up over the state’s Schools Athletics Equity Act. The issue remains whether private donations raised by parents through bake sales and working concession stands, or whether philanthropic contributions by private businesses, should be pooled together and distributed among all boys and girls teams under the guise of Title IX equality — and regardless of which parents/teams raised what.
Not surprisingly, many expect volunteerism to droop if the chance to raising funds for your team’s road trip or new equipment is replaced by a new rule prescribing that you can only raise money for school sports generally and hope that some fraction gets passed through to your team. [Deborah Elson, Saving Sports; earlier on booster clubs]
Tagged as:
New Mexico,
schools,
Title IX
- “Convicted King of Class Actions Builds Aviary, Regrets Nothing” [Lerach, Bloomberg profile]
- Teva/Baxter suits: Latest Nevada you-made-the-vials-too-big propofol verdict makes no more sense than first [Glenn Lammi, Forbes; Ted at PoL]
- EPA malicious prosecution in Hubert Vidrine case won’t be “isolated” unless we change our thinking [Ken at Popehat]
- Title IX coordinator training: “How federal regulations are making college ‘risk management’ lawyers rich” [Robert Shibley, Daily Caller] A lawyer spots more problems with Department of Education regulations on campus sexual assault [Robert Smith, RCP]
- Time to admit: on consequences of protecting big banks from capitalism, “Occupy” has a point [Nicole Gelinas, City Journal]
- Lawsuits accuse Boeing of engine-air-in-cabin “fume events” [MSNBC]
- About those “Topeka decriminalizes domestic violence” stories [Lowering the Bar]
Tagged as:
banks,
Bill Lerach,
colleges and universities,
Nevada,
pharmaceuticals,
Title IX
