Posts Tagged ‘Yale’

Literary corner: “Today and Tomorrow in Tom Wolfe’s New York”

Few books of our own era would make it onto my desert island list; one is Tom Wolfe’s Radical Chic and Mau-Mauing the Flak Catchers. While I’m late getting to Michael Lewis’s new profile of Wolfe, it’s reason enough to renew a Vanity Fair subscription, especially the priceless story of how Wolfe rewrote his dissertation on status jockeying among 1930s literary leftists after Yale turned it down as “tendentious” and “disparaging” to its oft-lionized subjects.

Early in my time at the Manhattan Institute, after Wolfe’s New York novel The Bonfire of the Vanities had made a gigantic popular success, I put together a roundtable on “Today and Tomorrow in Tom Wolfe’s New York” with Terry Teachout, Richard Vigilante, the late Walter Wriston, and others. MI published it as an envelope stuffer one-off with, if memory serves, a cover letter in which Wolfe himself mentioned observations the various participants had made, but in his own words. Not to say I was awe-struck at this, but for the next few days I wandered the streets of New York talking to the trees.

Schools roundup

Campus expression roundup

Free speech roundup

  • Those who want to protect American university life from mob intimidation, speak now or forever hold your peace [Conor Friedersdorf on Yale and Missouri incidents, Greg Lukianoff on Yale, Thom Lambert on Missouri; more on Missouri; John Samples/Cato] “Sorry, kids, the First Amendment does protect ‘hate speech'” [Michael McGough, L.A. Times]
  • #ExxonKnew folks, please listen: “engaging in scientific research and public advocacy shouldn’t be crimes in a free country. Using the criminal law to shame and encumber companies that do so is a dangerous arrogation of power.” [Bloomberg View editorial, earlier here, etc.]
  • Judge orders Facebook post taken down as campaign contribution improper under Colorado law; while target of enforcement was public charter school, logic of ruling could extend to entirely private entities as well [Megan Geuss, ArsTechnica]
  • Did anyone really not see this coming? Hate speech laws give authorities powerful weapon with which to crack down on speech by critics and minorities [Elizabeth Nolan Brown, Reason, on Kenya]
  • Cato amicus brief, Kentucky Court of Appeals: printers shouldn’t be forced to print gay-pride messages they don’t agree with [Ilya Shapiro/Cato, Eugene Volokh]
  • “That’s not harassing, stalking, libeling or cyber bullying. That’s called reporting.” Florida Man offers to help with online reputation management but digs himself and client in further [Tim Cushing, TechDirt, background]
  • Feminist lawprof we’ve met before attacks Internet-protecting Section 230, confusion ensues [Mike Masnick, TechDirt]

Yale wants you to eat a hearty meal

The internet has lit up with the story of the 20-year-old, 92-lb. history major who says she’s been battling the Yale administration over its pressure on her to eat more. [New Haven Register]. Although much of the press coverage seems unaware of the issue, it would not be surprising if changing legal pressures on universities played a role here. Efforts both regulatory and liability-driven have been under way to hold universities accountable for not preventing student suicides, and as a result, many campuses have seen a shift toward more interventionist, rules-driven policies designed to show that the institution was not standing idly by when it knew or had reason to know of early signs of self-harm. (Our file on the topic goes back a decade.) If the list of self-harm behaviors includes eating disorders, you might have a formula for interventions in which very skinny students are placed under pressure to prove they are not anorexic. Evaluating cases like the current one, of course, is difficult for outsiders because of HIPAA and other privacy laws which broadly prohibit the sharing of health-related information, even on topics of public concern.

“86 fraternity members sued over Yale-Harvard game death”

Sue ’em all: “Eighty-six current and former members of a Yale University fraternity are being sued over a deadly tailgating crash at the 2011 Yale-Harvard football game. … [Lawyers] say insurance for the national Sigma Phi Epsilon organization doesn’t cover the local chapter, so they have to sue the local fraternity and its members.” That’s “have to” in the sense of “can obtain more money if they.” [Associated Press]

Law schools roundup

  • “California AG files claim against school that hired its own students to boost employment numbers” — not a story about a law school, but it might have been [John Steele]
  • Hardly anyone took the constitutional challenge to ObamaCare seriously, at least it seems not at Yale [David Bernstein, Volokh; and speaking of law school ideology my book Schools for Misrule makes a great holiday gift]
  • Clinical legal education: “shift from service clinics to impact clinics is partly driven by clinicians’ search for status within the academy” [Margaret Drew and Andrew Morriss, SSRN]
  • Shorten law school to two years? [NYT “DealBook” on Obama comments, Jim Dedman, Abnormal Use] “UVM, Vermont Law School consider joint degree” [Burlington Free Press]
  • As “Old Media” shrinks, shouldn’t the number of law reviews do so too? [Gerard Magliocca]
  • Lighter regulation of UK law schools, and more pathways to practice? [John Flood]
  • Cleveland State law profs say “Satanic” $666 pay hike was retaliation for union activities [TaxProf]

Environment roundup

  • Can EPA use subregulatory guidance to dodge judicial review of formal notice-and-comment rulemaking? Appeals court says no [Allison Wood, WLF]
  • “Outhouse blues: Salisbury Twp. tells 77-year-old to install $20,000 septic system he doesn’t want” [Lancaster (Pennsylvania) Online]
  • Denying attorney fee in oil spill case, Texas judge questions authenticity of client signature [ABA Journal, Chamber-backed Southeast Texas Record]
  • Why “climate justice” campaigns fail both the environment and the poor [Chris Foreman, The Breakthrough]
  • Does the Yale Alumni Magazine often side with plaintiffs who sue to muzzle critics? [Neela Banerjee on Michael Mann lawsuit against National Review, Competitive Enterprise Institute, Mark Steyn, etc.]
  • Anti-science, anti-humanity: Milan animal rights action trashes years of psychiatric research [Nature]
  • Parody Tom-Friedman-bot must be at it again: “best place to start” response to Boston attack “is with a carbon tax” [Tim Blair] Too darn hot: “Dems warn climate change could drive women to ‘transactional sex'” [The Hill]
  • Some California lawmakers seek to curb shakedown lawsuits under notorious Prop 65 chemical-labeling law [Sacramento Bee; Gov. Brown proposes reform]

Michael Greve on Kiobel

Too amusing not to quote:

In my offhand judgment, Justice Breyer’s argument about the ATS and its “fit” with the presumption [against extraterritoriality] has force. (The Chief has an answer, but it’s a very close call.) What this is actually about, though, is a monitoring problem; and on that, the Chief is right.

The ATS has become a playpen for a cabal of international law enthusiasts and plaintiffs’ lawyers. Couple the former’s wild-eyed global aspirations with the latter’s eagerness to drag corporations through our one-of-a-kind tort system, and it’s Katy, bar the door. The Chief’s rule blocks all that: if it happened abroad, that’s it. Justice Breyer’s position, in contrast, would compel the Court to monitor all the places and institutions where this stuff gets out of hand: the Ninth Circuit; the wildest district courts in the country; the folks who are in charge of the Restatement of Foreign Relations; and the people who crank up “customary” international law (which becomes “customary” when someone at Yale Law School says it is, and the Swedish Minister of Foreign Affairs agrees). If some foreign employees of a U.S. company sue other employees of that company over tortious sexual harassment at the company’s foreign plants, has the defendants’ conduct “substantially and adversely affect[ed] an important American national interest,” that of serving as a beacon of sexual equality in the world? You tell me.

To ask the Supreme Court to keep an eye on this is to declare surrender. So it’s good that the Court has drawn a line. Whether it’ll hold, we’ll see.