There are a lot of problems with the way America handles rape crimes. Having a statute of limitations isn’t one of them.
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For the college-age male accused of sexual assault, it’s “guilty until proven innocent,” where the blameless are sacrificed at the ideological altar of radical feminism.
At least rape culture has gotten a little better.
A panel of legal academics debate whether or sexual assault cases should be limited to courts, or if academic institutions should be allowed to provide limited redress pursuant to Title IX.
Even after the Rolling Stone debacle, many dubious beliefs persist about women who allege that they have been sexually assaulted, the men those women accuse, and how the media reports on it.
That trusted friend in the suit is far more likely to rape you than anyone hiding in the shrubbery, as sex-crimes prosecutor turned novelist Allison Leotta explains.
* We are coming to Chicago, and we’d love to see you at our event on Thursday night — RSVP here. [Above the Law]
* Wait, FIFA may be dishonest? Kirkland partner Michael Garcia announces plans to appeal after FIFA releases ethics report on the Russia and Qatar World Cup bidding process that contains “numerous materially incomplete and erroneous representations of the facts and conclusions.” And he should know since he worked on the investigation. [Am Law Daily]
* Behold the all-purpose citation! [Lowering the Bar]
* Regarding yesterday’s crazy “woman sues the owner of the dog that her dogs killed,” an astute reader notes that a year ago, the Texas Supreme Court limited damages in pet deaths to “animal’s market worth.” So in the interest of reining in damages, the courts gave the victim less incentive to sue than the owner of the perpetrators. Sounds like a great system there. [Dallas Morning News]
* The holidays are around the corner. Get that special lawyer some prints of courthouses around the country to spruce up their office. [Courthouses of America]
* Wow. California school district argues that 14-year-old girl could legally consent to sex with her teacher because, I mean, come on, we all knew she was a slut. This happened. In 2014. [Slate]
* Advice that should go double for lawyers: sometimes you really just need to drop acid to clear your head. [What About Clients?]
* Professors who refuse to retire are the worst. [TaxProf Blog]
We want to invite you out for a night of drinking and yelling that we’re hosting alongside our bros at Dealbreaker. Join us on Feb 18th in NYC for an open bar and a short panel discussion featuring special guests! Think of it as a boozy safe space to defend your role in the destruction of America.
* The makeup of the Supreme Court is the most important issue in the 2016 election. Well, the most “important” issue will be if Hillary is a crone who murdered everyone in Benghazi with Obamacare, but the Supreme Court should be the most important issue. [Slate]
* We’ve wondered why the Supreme Court isn’t more accountable before. Fix the Court wants to do something about it. [USA Today]
* In-house counsel are optimistic. Too bad they aren’t optimistic about sending work to firms. [Business of Law Blog / LexisNexis]
* The Italians just overturned the manslaughter convictions of a bunch of scientists for failing to accurately predict an earthquake. But, sure, let’s send Amanda Knox back over there. [Reuters]
* Latham snags a gaggle of high-profile O’Melveny entertainment lawyers and O’Melveny names three new co-heads of its Entertainment, Sports and Media Practice. [Deadline Hollywood]
* An infographic of firm trends. Technological upgrades are the name of the game. [Think Tank / Aderant]
* While we treat high school athletes as adults in so many aspects of their lives, America just won’t let go of labeling them juveniles unable to grasp sexual assault. [The Legal Blitz]
* Horrific tale of systematic sexual abuse in the ranks of USA Swimming, which turns to Bryan Cave for what a lawyer profiled in the article calls “plaintiff-draining legal tactics.” [Outside Online]
* R.I.P. John Michael Doar, former chief of the DOJ civil rights division in the 60s, who died at age 92 yesterday. [What About Clients?]
Ed. note: In honor of Columbus Day (and Canadian Thanksgiving), Above the Law will be on a reduced publication schedule today. We will be back in full force tomorrow.
* The Supreme Court’s new Term is off to a great start: Thanks to a copy machine’s error, we almost missed the surprise cert denials in the gay marriage cases. What kind of screw-ups will this week bring us? [National Law Journal]
* On the other hand, in what’s considered an unsurprising move following its cert denials en masse, the Supreme Court allowed same-sex marriage to begin in Idaho. Congrats to the Gem State. [WSJ Law Blog]
* Jenner & Block’s data privacy practice is making waves in an “uncharted but lucrative field,” and its leader thinks that the “Internet of Things” will help heat up her work soon. [Capital Business / Washington Post]
* A future Law & Order: SVU episode? Sanford Rubenstein, a personal injury and civil rights lawyer who’s been described as “[f]lashy, brash and always camera-ready,” is now being accused of rape. [ABC News]
* Yale Law’s most interesting student goes to all of his classes, but never has to study or take any of his finals. It’s not because he’s lucky — it’s because he’s a 93-year-old course auditor. [New Haven Register]
* Quiz: Can you match the picture of the plaintiff to the landmark Supreme Court decision? [Slate]
* Ninth Circuit expedites Ed O’Bannon appeal. [USAToday]
* New NBC comedy about a law student who becomes a garbage man. Better job security, I suppose. [The A.V. Club]
* The federal prison population declined by about 4800 inmates, giving the United States… well, still the worst incarceration rate in the world, but hey, you’ve got to start somewhere. [ABC News]
* The contract attorney who sued Biglaw is living in his car and considering a career in construction. Perhaps it was a Freudian thing. [Law and More]
* Some philosophy professors are concerned about an individual getting very testy with perceived critics. Anyone want to guess the individual? [Professor David Velleman Homepage / NYU]
* In case you missed it, Howard Bashman’s announcement of our new partnership. [How Appealing]
* Middle school convinces special needs girl to allow suspected rapist to take her into a bathroom so the school can “catch him redhanded.” She gets raped. Judge dismisses the lawsuit saying he wouldn’t “second-guess” school officials. [Al.com]
* Have you heard that Staci invited Justice Ginsburg to her wedding? [TIME]
* The Fourth Circuit welcomes Virginia to the fold of marriage equality. [National Law Journal]
* What might be the biggest insider trading case ever hinges on Greenberg Traurig. [New York Post]
* Most exciting of all is that we may never need to hear the depressing “copyright-free” Happy Birthday song ever again. [boingboing]
* With all the fire-breathing over the humanitarian crisis at the Mexican border, Texas Judge Clay Jenkins stands out for being reasonable. “I don’t feel like we have to solve the border crisis for a terrified child to be shown some compassion.” Why don’t we hear about more people like Judge Jenkins? This article suggests there’s a deeper problem with the media. [Dallas Observer]
* I’ve been beating the drum that the Obamacare cases aren’t bound for SCOTUS because the D.C. Circuit will reverse Halbig en banc. The contrary view is that the Supreme Court may not let the lack of a real circuit split stand in its way. [Constitutional Accountability Center]
* Outrage over the government’s school lunch health standards have Republicans fighting back at the state level. Remember, we need fatass kids because… freedom! [National Journal]
* The Second Circuit approved antibiotics in animal feed for animals that aren’t even sick. Enjoy your superbugs! [Kitchenette / Jezebel]
* Judge allegedly fell asleep during a child rape case. It’s not like it’s an important case or anything. [Gawker]
* Gaming the rankings — not just for law schools any more. [The Kansas City Star]
* Karen Mantler can’t afford her lawyer. And she’s singing about it. After the jump…. [WNYC Spinning On Air]
* The legal price of adultery has apparently gone down. That’s good news if you’re trying to keep your motorcycle. [Verdict]
* The title is “Apply to Law School Now!” No. Seriously, don’t. [Slate]
* Professor David Bernstein says of Gawker: “So you can see how the headline is false on multiple levels but it certainly provides clickbait for Gawker.” The initial story Bernstein wrote kicking this off was: “YOU are a rapist; yes, YOU!” But, yeah all caps and exclamation points is in NO WAY click-baiting (oh, and it was also hyperbole on many levels). [The Volokh Conspiracy / Washington Post]
* Barry Scheck was brought on as an expert to review the conviction that formed the subject of Capturing the Friedmans (affiliate link). Let’s just say he’s brought a different angle to it than the D.A.’s internal review. [WiseLaw NY]
* Federal judge nixes the infamous “no-fly list” for denying due process. Looks like a certain judge is going to have a hard time leaving PDX next time. [The Oregonian]
* If you’ve long feared injury from flying foodstuffs at baseball games, worry no more. [ABA Journal]
* Gifts for the Homeless is hosting a Battle of the Law Firm Bands in Washington, D.C. tomorrow. Be there or be square. [Crowdrise]
* The importance of firm toilets. [Legal Cheek]
* JFK University is holding “Saturday Law School” at a shopping mall. They’ll be down by the “Macy’s and California Pizza Kitchen.” [Pleasanton Weekly]
* Professor David Bernstein from GMU Law explains how sex works. Basically, unless you’re dealing with prostitutes, the proper way to deal with women is to just stick it in and see what happens. [Gawker]
* “Noticing that different people look differently = innate human observation a little girl can do. Ascribing vastly different levels of trustworthiness based on skin color = police work.” [ATL Redline]
* Michelle MacDonald, the GOP nominee for Minnesota Supreme Court, has a pending DWI and an old contempt arrest, which she blows off with the line, “You can play foosball in the court when a judge isn’t there.” Picking real winners there, Minnesota. [Politics in Minnesota]
* Cocaine gave this lawyer 9 lives. [Missouri Lawyers Weekly (sub. req.]
* Mike Rowe decides not to take a lawyer’s advice. [IJ Review]
* The Supreme Court was pretty good to the environment yesterday. Something must have been wrong. [Grist]