Rape

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…

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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.

Darrious Mathis: too handsome for rape?

I had him stand up. I told the jury I wish I had what this guy’s got. Don’t take my word for it. Look at him. A lot of women like this — and some men, too.

Dwight Thomas, one of the attorneys who represented Darrious Mathis during his first trial, issuing remarks on having to “work with what you’ve got” as a defense attorney in a rape case. Thomas’s defense centered on his client’s good looks, a strategy that resulted in a hung jury.

At his second trial with a different attorney — one who did not use the “too-handsome defense” as aggressively — Mathis was convicted of kidnapping, carjacking, possession of a weapon in the commission of a crime, and assault with intent to rob and rape.

* The NCAA’s president thinks Northwestern’s sports union will be the first case of its kind to be heard by the Supreme Court, and his brain hasn’t even been scrambled by concussions. [Bloomberg]

* “If I’d come up with it, I’d probably be proud of it.” If this Georgia lawyer had used the “my client is too handsome for rape” defense, perhaps there wouldn’t have been a conviction. [Daily Report (reg. req.)]

* A few weeks ago, we wrote about the best law schools for making money. Since then, the rankings were revised due to error. Where does your school stand now? We’ll chat about this today. [Forbes]

* “[L]awyers aren’t retiring or dying nearly fast enough for us to fill their spots.” Perhaps statements like this about the job market wouldn’t be so prevalent if U.S. News told pre-law applicants the truth. [NPR]

* Law students will call you out for your behavior, even if you’re a police officer This one is suing the NYPD for false arrest after questioning their food truck tactics. We’ll have more on this later. [New York Post]

The craziest things happen during the course of litigation in Texas. From threatening to enlarge opposing counsels’ assholes and forcing associates to spy on jurors to using terms like “c*nt” and “dumb sh*t” when referring to colleagues and calling partners “uppity bitches,” things can get a little loco in the Lone Star State.

Bad behavior like this is usually on the part of the lawyers themselves, not their clients. But maybe the clients have decided to take some cues from their lawyers. In Texas, clients now think it’s cool to threaten to anally rape testifying deponents, question lawyers’ sexual orientation, threaten to fight them on the record, and show up to videotaped depositions wearing t-shirts emblazoned with multiple f-bombs.

We always knew that things could get a little wild during depositions, but not this wild….

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Have you seen this over the last few days?

* Were you using Westlaw last week and saw this image? Here’s why… [Westlaw]

* A federal judge is charged with DUI. And there’s video of the arrest! [American Press]

* A heartwrenching poem from a law professor about discrimination. Wait, it’s not about race or gender discrimination but about not getting tenure as a legal writing professor. Yeah, that makes sense. [TaxProf Blog]

* Criminal defense lawyers are part-counselor, listening to the woes of their clients. Should basic instruction in therapy be part of professional training? [Katz Justice]

* The collapse of legal industry could be happening again, this time to the medical profession. [The Atlantic]

* Jeez, I had no idea that the paralegal industry is enjoying such a surge in hiring. I guess it makes sense… you get all the drudgery work of a young lawyer at half the cost. [George Washington University]

* A new DOJ report confirms what we all expected: Montana law enforcement officials are kind of terrible at prosecuting sexual assault cases. [Jezebel]

Ed. note: Due to the Presidents’ Day holiday, we will be on a reduced publication schedule today. We will still be publishing, but less frequently than usual. We will be back in full force tomorrow.

* With a perfect record for equality post-Windsor and four appellate courts soon set to rule, it looks like the Supreme Court will get a second bite at the gay marriage apple by 2015. [National Law Journal]

* Per Am Law, Mayer Brown just posted its highest profits ever. Maybe that’s one of the reasons the NSA’s thunder from down under, the Australian Signals Directorate, was spying on it. [New York Times]

* For Asian American women, Biglaw’s “bamboo ceiling” may be just as tough to crack as its glass ceiling. What’s that? Find out by reading Helen Wan’s book, The Partner Track (affiliate link). [Washington Post]

* Haller Jackson, the law clerk accused of attempted aggravated rape of a minor, has been in and out of court. His defense team filed a motion to suppress a purported confession. MOAR info, plz! [Slabbed]

* Controversy alert: Michael Dunn was convicted of four out of five charges, including three counts of attempted murder, in Florida’s “loud music” trial, but the jury was hung on the murder charge. Lame. [CNN]

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