Rape

* 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]

Sanctimonious attorneys bemoan the decline of civility in the legal practice. The “shark” mentality has eroded the quiet dignity of the second oldest profession (someone had to represent the first prostitute at her arraignment). It’s all a bit overblown — a callback to a halcyon time that never quite was.

Still, there’s something to be said for the fact that Clarence Darrow was never quoted telling William Jennings Bryant “[Bleep] With Me And You Will Have A Huge [Bleep]hole.” I mean, unless I missed that part of the transcript.

And now comes another attorney accused of threatening to violate someone in a most uncomfortable way. Except this time it wasn’t in a one-on-one conversation, but for all the world to see on Facebook….

double red triangle arrows Continue reading “Pro Tip For Lawyers: Don’t Threaten To ‘Anally Rape’ Adversary”

Ed. note: Above the Law will not be publishing on Monday, May 26, in observance of the Memorial Day holiday.

* Who cleans up after Godzilla rolls into town? I figure it’s Damage Control. [The Legal Geeks]

* So we all know University of Texas Law admits politically-connected students with bad grades and scores. But did you know they let in someone with a 128 on the LSAT? ONE. TWENTY. EIGHT. [Watchdog.org]

* Do we even need the Supreme Court? Well, that’s one way to get RBG to retire. [Huffington Post]

* Seriously, the Boston Public School system is eliminating its history department. [Lawyers, Guns & Money]

* Yesterday I talked about a devastating takedown of the latest National Review article contending that sexual assault is no big deal. Perhaps I crowned a champion too soon, because this is an even better whipping of that article. [Concurring Opinions]

* Wait, ID laws ultimately suppress voter turnout? What a surprise! [Election Law Blog]

* The last word in the death penalty debate after the jump… [The Onion]

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* “Mr. Owl, how many permits do you need to complete a simple LNG export transaction?” “Well, let’s see… A-one. A-two-hoo. A-three. Three.” [Breaking Energy]

* Defamation laws in Europe are way out of whack. For example when gorgeous model Anara Atanes took to Twitter to rip the manager of France’s World Cup team for leaving her boyfriend at home, he sued her. And he might win. [IT-Lex]

* Tips for getting over feeling like an imposter. Surprised drinking isn’t on there. [Corporette]

* “The Parties Do Not Need a Judge; They Need a Rather Stern Kindergarten Teacher” [Lowering the Bar]

* An interesting question: with judges of all political philosophies striking down gay marriage bans across the country, won’t there be some judge who bucks the trend? [Constitutional Accountability Center]

* A.J. Delgado, like many conservative activists, became a lawyer before realizing that making warrantless and patently offensive statements on TV is a viable career. And you don’t need to bill hourly. Her new article on how rape is a figment of feminists’ imagination is appalling. This article kicks the hell out of it. [Slate]

* The parade of businesses suing over online reviews continues. [Oregonian]

I used to watch a lot of televised golf. The Masters, the U.S. Open, the twee British one, that other last one. All the big tournaments, I watched. And I watched because Tiger Woods laid waste to an entire generation of golfers. Previously, golf had been an impenetrable bore to me. I was aware of who the best golfers were and I was also aware that every time I tuned in, they probably weren’t going to win. Golf was random like that, too difficult a sport for one man to dominate. Nicklaus had been the previous generational talent, but even his dominance meant that he won well less than half the tournaments he entered. Something inside of me hated this.

I don’t watch golf as much anymore because it’s reverted back to its random, boring self. Who wins this week will be a total crapshoot. Crapshoot, by the way, was an ancient sport that pit one white guy versus another white guy and each white guy had to defecate into a small white hole hundreds of yards away from his anus. Crapshoot. It was like golf and it was totally impossible to play and/or watch. Anyway.

I mention all of this because crime in the sports world has often resembled Tiger-less golf in its randomness. There has never been any way to predict who would rape whom and who would murder whom else. Total crapshoot. This week has brought us a bit of a referendum on this topic with one athlete dominating his field while another preaches randomness.

In one corner, Aaron Hernandez, who am become death, destroyer of worlds. In the other, Darren Sharper…

double red triangle arrows Continue reading “Aaron Hernandez, Televised Golf, and Randomness”

UPDATE (5/17/2014, 6:00 p.m.): This piece proceeds on the premise that “Lisbeth” (the woman on whose behalf the fundraiser and Protecting Lisbeth Facebook page were created) and author of the Thought Catalog essay and Protecting Lisbeth blog are the same person. Though the parties involved currently remain anonymous or pseudonymous, this premise appears to be false. I regret any error or confusion.

In an essay for Thought Catalog called “I Had an Affair with My Hero, A Philosopher Who’s Famous For Being ‘Moral,’” an anonymous graduate student describes her soured romance with a prominent professor from another university and how she learned that he initially hid his history of pursuing other young women. Shortly thereafter, her friend started a campaign to crowd-fund expenses for legal action. They created the pseudonym “Lisbeth” for the essay’s author. Under the heading “Help us sue the school protecting a known rapist,” the fundraiser’s description now reads, “I’m Emma Sloan, Yale 2010. My dear friend is suing the professor who tried to rape her and the university for knowingly protecting him. Thanks to donations from our generous supporters, she can afford the $7000 retainer for a forensic psychiatrist.”

The Chronicle of Higher Education reported on the case. Many within the academic community have joined the fray, whether to champion Lisbeth’s cause, attach it to broader gender equality concerns, express doubts, or simply gossip.

Title IX obligates schools that receive federal funds to address sexual violence or harassment on their campuses. To pursue a grievance or official complaint, the person need not herself be the victim of the alleged discrimination. Someone who claims to be the actual victim of a Title IX violation has the additional right to pursue her claim in private litigation against the university. If she can show that the school was deliberately indifferent despite actual knowledge of the misconduct, she can win injunctive relief or money damages for her injuries. Yale’s Title IX coordinator, Stephanie Spangler, is investigating Lisbeth’s claims.

So, where exactly did this professor’s alleged conduct pass from merely smarmy to worthy of legal sanction?

double red triangle arrows Continue reading “The Crowd-Funded Sexual Misconduct Case Against A Yale Professor May Not Hurt Who You Think It Does”

* When you think of professions likely to be menaced by armed maniacs, you don’t think of veterinarians. You’d be wrong. [Legal Juice]

* Robert Ambrogi talks with Bryan Garner about the latest edition of Black’s Law Dictionary, including the fact that three new terms coined by David Lat made this edition. Let’s start the campaign for Appellageddon and SCOTocaplypse for next time around! [Robert Ambrogi's LawSites]

* The ABA has appointed an all-star panel to study law school financing. By “all-star” they mean “all the people responsible for the status quo.” That’s how you do “reform,” guys. [Lawyers, Guns & Money]

* A photo essay of people breaking the stupid laws on the books in various states. [The Phoblographer]

* Law professors making a difference in the real world. Specifically, pushing the anti-smoking message. [PR Log]

* A Seattle attorney pleads to 5 counts of third-degree rape to avoid trial over attacks on a series of massage therapists. He says he’s just a sex addict. The government says he was “kicking in doors, and pulling knives on them.” That sounds pretty extreme for a sex addiction. [Seattle Times]

* Check out Elie talking about the ATL Top 50 Rankings, after the jump… [Mimesis Law]

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* Pet therapy? This is what you’re doing with your time? This is why Cardozo can’t have nice things. [Cardozo Law]

* Nobody likes name-calling, but opting for the death penalty just because you don’t want to be called “retarded”? That’s, um, what’s the word I’m looking for? [Cincinnati Enquirer]

* Remember when Mary Jo White was going to bring teeth to the SEC? Well, that’s all over. [New Republic]

* Live tweeting a prostitution sting. Yeah there’s no way this could go wrong. [Slate]

* Law student says cops beat him so hard he lost a testicle. Um. That’s horrible. [KOB]

* Do you fancy yourself a funny lawyer? Then enter New York’s Funniest Professional competition. Lawyers square off later this month. [Gotham Comedy Club / Manhattan Comedy School]

* Judge sentences rapist to 45-days and community service… working in a rape crisis center. Because the victim was “promiscuous.” How could anyone be this tone-deaf? Oh, it’s in Texas? Never mind. [CNN]

* California lawyers now must promise to be courteous. Play nice, kids. [LA Times]

* Finally, it’s time to wish a happy birthday to Winston & Strawn’s Jonathan Amoona, who was on the 2014 Forbes 30 Under 30 list. I guess he won’t be anymore. His 30th birthday invitation went out to the managing partner and a bunch of the top rainmakers, which isn’t toolish at all. The invite is available after the jump….

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Robert Richards IV

Sex offenders are the lowest of the low in prison. He’s a rich, white boy who is a wuss and a child perv. The prison can’t protect them, and Jan Jurden knows that reality. She is right on.

– Defense attorney Joseph A. Hurley, commenting on Judge Jan Jurden’s sentence of probation for DuPont heir Robert H. Richards IV as punishment for the fourth-degree rape of his 3-year-old daughter. Jurden noted in her sentencing order that Richards would not “fare well” in prison.

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