Rape
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Crime
Things Just Got A Lot Worse For Harvey Weinstein
Harvey Weinstein's case just drew its judge and it's not good news for Harvey. -
Crime
Harvey Weinstein Arraigned, Pays $1,000,000 Cash For An Ankle Bracelet
I'm glad New York changed the Statute of Limitations on rape, maybe New York should push further? - Sponsored
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Morning Docket
Morning Docket: 05.25.18
* Harvey Weinstein has turned himself in to the NYPD. [Vox]
* Happy GDPR Day! [Wall Street Journal]
* Emmet Flood attended the DOJ’s briefing for congressional leaders because defense attorneys are always allowed to attend internal conversations about law enforcement tactics in ongoing investigations. [Talking Points Memo]
* Elon Musk may want to put away the Twitter machine for a bit now that he’s stepped into possible labor law violations. [Engadget]
* The Samsung-Apple war continues with a jury awarding Apple $539 million for IP infringement. [Law360]
* Professor Steven Calabresi is arguing that Robert Mueller’s whole job is unconstitutional. We’ve really come a long way from conservatives hailing the appointment of a no-nonsense lifelong Republican, haven’t we? [The Hill]
* Also, Calabresi is completely wrong. [Legal Skills Prof Blog]
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Morning Docket
Morning Docket: 04.05.18
* Good news for Holland & Knight, who successfully escaped a $34.5 million malpractice rap. [American Lawyer]
* Wisconsin passes a law requiring disclosure of litigation financers because juries should be gravely suspicious of anyone who can afford to seek legal redress from a corporation. [National Law Journal]
* Cleary Gottlieb partner loses battle over rent-stabilized penthouse. While that sentence doesn’t make him sound particularly sympathetic, he’s actually the good guy here. [New York Law Journal]
* Executives and board members should be more involved in cybersecurity efforts according to the Department of Obvious Things. [Corporate Counsel]
* Sexual assault defendant pleas down to charge of “seduc[ing] and debauch[ing] any unmarried woman.” That’s offensive on so many levels. [Detroit News]
* Workers comp can’t cover paralegal injured playing for firm softball team. [ABA Journal]
* Law firm conducting use-of-force review simultaneously representing deputy accused of shooting and killing two men while on duty. Foxes, hen houses, etc. [KOB 4]
* Did you know some law schools are now accepting the GRE? Because the Times just figured that out. [New York Times]
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Trials
Defending A Rape Case As A Female Attorney In The #MeToo Era
While it's sometimes difficult for women to do this type of case, it's important women do them. -
Courts
Lawyer Uses Her Harrowing Story Of Sexual Assault To Advocate For Judiciary Changes
You must read these powerful words. -
Morning Docket
Morning Docket: 01.25.18
* Grumpy cat should be a little less grumpy after winning $710,000 in a licensing case. [Courthouse News Service]
* Remember that judge who gave a Stanford swimmer 6 months for a rape conviction? Yeah, he’s poised to get kicked off the bench. [NY Daily News]
* Can you get a DUI in an autonomous vehicle? A lot of people aren’t familiar with State of Oregon v. The Autobots. [Versus Texas]
* Ty Cobb is a lot less eager to meet with Mueller under oath than his client. [New York]
* Apparently “AI” is now a verb. That’s… awful. [Legal Week]
* Your summer associate lunch plans have taken a hit — Le Bernardin sued over everything from shortchanging employees to sexual harassment. [Le Bernadin]
* Your work email is probably in the Dark Web. It’s also probably on your firm website, but that doesn’t sound as menacing. [National Law Journal]
* New York will only do business with ISPs that adhere to net neutrality in a move that many states are expected to copy. I’m sure the states rights-loving politicians who worked tirelessly to kill neutrality will hail this as a triumph of federalism. [New York Law Journal]
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Biglaw
When A Summer Associate Says She's Escaped A Rape, Who Do You Believe, A Drunk Law Student Or Powerful Partner?
Here in the legal profession, it is often the case that those who opt to break their silence are disbelieved, shamed, and even shunned. - Sponsored
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Crime
New York Cops Seem Confused On Whether Consensual Sex Can Happen Incident To An Arrest
They detained a teenager, allegedly had sex with her and let her go, and argue that's not 'rape.' No, not ISIS, but NYPD. -
Morning Docket
Morning Docket: 10.13.17
* Does Trump’s health care executive order violate ERISA? [CNBC]
* Just when law firms needed another challenge, here comes PwC. [Law.com]
* Pepper Hamilton partner brings clients to secluded private island. Enjoy Camp Crystal Lake everyone! [The Legal Intelligencer]
* On Sunday, 60 Minutes will have a profile on the fascinating career of Shon Hopwood, the Georgetown Law professor who came to his career as a jailhouse lawyer while serving time for bank robbery. [National Law Journal]
* Why aren’t there vegan wigs? It’s actually a pretty interesting question. [Legal Cheek]
* Judge was “unaware” that he gave joint custody to an accused rapist. But before the judge gets pilloried for conducting a slapdash proceeding, consider that the prosecutors never bothered to mention this. [ABA Journal]
* The gender bias suit against Proskauer reaches the Second Circuit on claims that Judge Cote erred in preventing the plaintiff from getting key discovery for her retaliation claim. [Law360]
* A guide to interviewing for introverts. The first tip should be to open every interview with, “I’m interested in tax.” In my experience, firms expect to put the tax geniuses in a dungeon and let them work their sorcerer’s ways in peace, so they’ll forgive any awkwardness as a sign of genius. [The Recorder]
* Law firm merger mania strikes Texas. [Houston Chronicle]
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Morning Docket
Morning Docket: 10.09.17
Ed. note: In honor of Columbus Day (and Canadian Thanksgiving), Above the Law will be on a reduced publication schedule. We’ll be back in full force tomorrow.
* Justice Neil Gorsuch’s arrival as a member of the Supreme Court hasn’t been the most graceful, and word on the street is that some of his new colleagues on the bench may bear some ill will towards him. A rift might even be developing between Gorsuch and Chief Justice Roberts. [CNN]
* Because Gorsuch is the Supreme Court’s newest justice, he has to share his office with Leroy. He’s being hazed by Scalia from beyond the grave. [Associated Press]
* As part of its new legal strategy in special counsel Robert Mueller’s Russian election interference investigation, the Trump administration has decided to — gasp! — be cooperative. Trump’s lawyers think that maybe if they play nice, Mueller will publicly clear the president’s name a little more quickly, or at all. [New York Times]
* In other news, President Trump took to Twitter this weekend to invoke the Federal Communications Commission’s equal time rules because he’s sick and tired of “unfunny” late-night TV hosts making fun of him without an opportunity to respond in kind. Perhaps you ought to stick with Twitter, Mr. President. [Fox News]
* Much like what happened with Traci Ribeiro’s case against Sedgwick, Winston & Strawn is trying to push Constance Ramos, a partner who left the firm amid allegations of gender bias and discrimination, into arbitration. [Am Law Daily]
* Lisa Bloom has been criticized left and right for taking on Harvey Weinstein as a client. Even her own mother, Gloria Allred, objected. Because mother knows best, Bloom resigned as counsel. Lanny Davis has also left the producer’s legal team. Down two lawyers, Weinstein was fired from his own company. [New York Times]
* A Michigan judge recently awarded joint legal custody and parenting time to a rape victim’s attacker. The child involved in this case is an 8-year-old boy, and the fellow who sexually assaulted his mother also happens to be a convicted sex offender. According to the victim’s attorney, “[t]his is insane”; she’s not wrong. [Detroit News]
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White-Collar Crime
What Jeff Sessions Can Learn From Betsy DeVos
What if Justice considered the rights of the accused as much as Education does? -
Morning Docket
Morning Docket: 08.29.17
* While Harvey continues to devastate Houston, Texas Republicans will strip insurance policy holders of most of their protections if they don’t file their claims by Friday. Victims will still have insurance — but if the insurance company delays or otherwise frustrates payouts — which some inevitably will — claims filed after Friday won’t enjoy the same interest penalties to keep insurers honest and will shift attorney fees onto those who lost their homes in many cases, decreasing the likelihood a wronged policyholder can vindicate their rights. So… good job Texas. [Dallas Morning News]
* If you’re looking to put a price tag on Charlotte Law’s demise, this former faculty member says the school defrauded taxpayers to the tune of $285 million. [Charlotte Observer]
* What’s this? Is this a media outlet talking about millennials and the workplace in a fair, even positive light? Preposterous!!! [American Lawyer]
* Apparently “yadda, yadda, yadda” doesn’t get you out of a CFPB investigation. [National Law Journal]
* The effort to recall the Brock Turner rape sentencing judge is back on track. [Law.com]
* Victims of Trump’s Muslim Ban may be nearing a settlement with the administration. At least until some white supremacist group Tweets this story to the President and he demands the DOJ pull out of any deals. [Law360]
* Which 2016 SCOTUS opinions are getting the most love from lower courts? [Empirical SCOTUS]
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Non-Sequiturs
Non-Sequiturs: 07.19.17
* The Supreme Court’s latest ruling in the travel ban litigation: good news for grandparents, bad news for certain refugees. [How Appealing]
* And in the travel ban battle, the parties aren’t pulling their punches. [Democracy in America / The Economist]
* Nor does Joshua Matz: “The Supreme Court is now a co-owner and co-author of the travel ban.” [Take Care]
* Justice Goodwin Liu and a team of Yale Law School researchers have issued an important new report about Asian Americans in the legal profession today. [The Portrait Project]
* A defense of that controversial David Brooks column about salami. [Volokh Conspiracy / Washington Post]
* And a defense of due process when it comes to allegations of sexual assault on college campuses. [The Federalist via Instapundit]
* In other higher-education news, here’s the tweet that got Nick Lutz suspended from the University of Central Florida. [Althouse]
* How do millennials view the legal industry? Drew Rossow and Elan Fields discuss. [Legal Tookit / Legal Talk Network]
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Crime, Rape
With Campus Rape, The Rules Are Different
There's no doubt this issue is trickier than it seems. -
Crime, Rape, Sex, Sexual Harassment, Trials
Bill Cosby Jury Deadlocked, Because 12 People Can't Actually Agree On What Rape Is
We can't get 12 people to agree on consent, which is why we fail. -
Attorney Misconduct, Legal Ethics
Defense Attorney Arrested For Allegedly Using Threat of Deportation To Stop Rape Victim From Testifying
This attorney allegedly used deportation like the sword of Damocles. -
Morning Docket
Morning Docket: 05.18.17
* IBM says Watson’s about to take away your job, which is an announcement IBM makes roughly every three months because they’re taunting us. [Corporate Counsel]
* Betty Shelby acquitted in the killing of a black motorist because apparently it’s always reasonable to believe a random black guy is going to pull a gun. [NBC News]
* Former client seeks $1.4 million back that it spent trying to disqualify BakerHostetler. [Law360]
* Latham’s Alice Fisher has pulled out of the FBI Director sweepstakes. All eyes are on Joe Lieberman right now, but folks G. Gordon Liddy is just sitting there raring to go. [National Law Journal]
* And apparently Sheriff Clarke (who I’m sure was Trump’s personal pick) is taking a Homeland Security job so he can focus on harassing the poor and disadvantaged without having to bother all those nice bankers. [New York Times]
* Judge Charles Breyer took a break from writing the best benchslaps of all time to issue a groundbreaking video game ruling citing Star Wars and Love Actually — two movies that should never, ever be mentioned in the same sentence. [Hollywood Reporter]
* Stupid fan lawsuit against Warriors center ZaZa Pachulia moves on. [KENS5]
* More horrific allegations from Ken Starr’s world-class leadership at Baylor. [Huffington Post]
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Crime, White-Collar Crime
Everything You Think You Know About Campus Sexual Assault Is Wrong: A Review Of 'The Campus Rape Frenzy'
The touchstone statistics underlying the discussion of campus sexual assault have shaky foundations. -
Crime
No Sex Till You're Married. Punishment That Fits The Crime?
Some judges, however, take the alternative-sentencing idea too far.