In November 2012, Case Western Reserve School of Law Dean Lawrence Mitchell started his op-ed in the New York Times with the following words: “I’m a law dean, and I’m proud.”
Well, he’s not anymore. Mitchell has been accused of sexual harassment and retaliatory behavior. Mitchell had been on a leave of absence since November, but now, after months of allegations and intrigue, Dean Mitchell is officially stepping down.
Read below the message given to Case Western Law students….
(Please note the UPDATE after the jump, a link to the university’s press release.)
* Baseball is trying to ban home plate collisions, because why have any aspect of the sport be exciting? Here’s an exercise in statutory interpretation featuring the new rule. [PrawfsBlawg]
* Former judge forced to resign at age 40 under a gathering cloud of sexual harassment allegations now collects $65,000 a year in pension. And it looks like he may be claiming “sex addiction” as a disability. Bravo. [WDSU]
* Should legal writing professors be treated like nurses? [Dorf on Law]
* The world’s top Bitcoin exchange, Mt.Gox, just shut down, and millions of real dollars worth of fake money is missing. I’m excited to see the bevy of Libertarian Bitcoin fanatics who praise the decentralized “new Gold standard” and publicly trash its critics explain this one. [Valleywag]
Who says she’s not a career woman? This is ‘Biglaw partner leaving Ken for her paralegal’ Barbie.
* With the impossible body ideal of Barbie gracing the Sports Illustrated Swimsuit Cover, perhaps we should consider the positives that Barbie has contributed to women over the years. Missing is the rare, vacuous “math class is tough” Barbie. [The Careerist]
* A five-year-old writes the cutest response to the IRS. [TaxProf Blog]
* Professor busted for taking upskirt pics. His defense? How else was he going to prove the girls weren’t wearing underwear? Touché. Touché. [The Smoking Gun]
* The reasons to quit your Biglaw job. Now in listicle form! [Buzzfeed]
* The Supreme Court has a chance to take a stand against prosecutorial misconduct. Will they take it? [The Atlantic]
* If you’re violating your probation, be sure to videotape it and post it on YouTube. There’s no way your probation officer will see it. [IT-Lex]
* On April 11-12, 2014, the Marquette University Law School will hold a symposium entitled “Judicial Assistants or Junior Judges: the Hiring, Utilization and Influence of Law Clerks.” Our own David Lat will be there, along with such luminaries as Judge Posner, Judge Sykes, Joan Biskupic, and Tony Mauro. [Marquette University Law School]
* Sedgwick is the latest Biglaw firm to jump on the back-office bandwagon. The firm will be moving all of its administrative operations — from HR to IT — to Kansas City, Missouri. Don’t be sad, it’s probably better than West Virginia. [Am Law Daily]
* Lawyers may be pecking at Biglaw’s rotting carcass, but at least there are lessons to be learned for Big Med, the next profession supposedly on the brink of implosion. It’s time to stop obsessing over revenue and rankings. [The Atlantic]
* Ten states rushed to help Utah defend its ban on gay marriage using “pretty embarrassing” arguments, but Nevada just washed its hands of its own appeal, saying its ban was “no longer defensible.” [Bloomberg]
* Here’s something that’ll make you love or hate Chris Christie even more: he once made Bristol-Myers Squibb donate $5 million to Seton Hall Law to avoid securities fraud charges. Yep. [Washington Post]
* Faruqi & Faruqi doesn’t want its attorneys’ compensation information to be disclosed to Alexandra Marchuk in her sexual harassment case against the firm. A kinder, gentler firm, huh? [Law 360 (sub. req.)]
* Soon you’ll be able to take the bar before you graduate in New York, but only if you do pro bono work during spring semester of your 3L year — and you’ll likely have to pay to complete it. [New York Times]
* If you just took the LSAT, you’re cutting it pretty close, buddy. Guesstimate your score so you can avoid sending out applications that will make admissions officers laugh. [Law Admissions Lowdown / U.S. News]
Why did we expect fireworks from discovery? Because of the lurid nature of Marchuk’s allegations, including severe sexual harassment and (effectively) sexual assault, and because of the Faruqi firm’s aggressive response, which included suing Marchuk for defamation and claiming that it was Marchuk who was obsessed with Monteverde.
But it wasn’t just another “he said, she said” type of situation. Both sides claimed that third-party witnesses and contemporaneous documents would corroborate their respective and conflicting accounts.
Discovery is now underway in the case. Witnesses have been deposed, and documents have been produced. What kind of portrait do they paint?
Getty only has images of women or children sniffing things… because men sniffing women is TOTALLY CREEPY.
Of course sniffing a woman can be sexual harassment. Who would even dispute that? Hovering over a woman and inhaling deeply is the move of creepy rapists in Lifetime movies.
A Dallas magistrate judge ruled against a woman who was fired after complaining that men would come into her office and freaking sniff her. Thankfully, an appeals court reversed… because Jesus Christ, ex-convicts were smelling her and talking about how they needed a “release”….
* Santa Claus arrested for sexually harassing an 18-year-old elfette. She started getting suspicious when he kept looking at her and proclaiming “Here Cums Santa Claus.” [The Smoking Gun]
* Atlanta jury questionnaire lists “slave” as an occupational option. There’s a lot of outrage, but they were just covering their bases — a potential could have just moved there from Mississippi. [11 Alive]
* Speaking of juries, a long-time prosecutor ends up on a jury and sums up the 10 things he learned from his jury experience. [Texas Evidence]
* The Second Circuit’s decision to remove Judge Scheindlin from the stop-and-frisk case was bad enough — especially since it was an unprecedented overreach for a circuit panel when no one requested her removal — but its true cost is in chilling justice down the road, when judges start to look over their shoulders for fear that an activist appellate panel is out to get them. [WiseLawNY]
* Interesting question: what do you wear under a 3/4-sleeved blazer? I’d wear a T-shirt that says, “I give 3/4 of a damn today,” but most lawyers would disagree. [Corporette]
* Apple hired CPA Julie Davis as a damages expert in its case against Samsung. Whatever she was paid, it wasn’t enough — the jury singled out Davis as the reason they awarded Apple $290 million. [The Expert Institute]
Alexandra Marchuk’s lawsuit against her former employer, Faruqi & Faruqi, and one of its top partners, Juan Monteverde, marches on. And this time the Faruqis are playing offense.
We previously noted the firm’s attempt to make Marchuk look like a bunny boiler — a mentally unstable young woman who was obsessed with Monteverde, the man whom she claims harassed her. And it looks like the firm is sticking to this strategy, trying to call into question Marchuk’s mental health.
These are not rhetorical questions. We expect candor from the university we hired to educate us. As future lawyers, we won’t accept a Potemkin village and will see through any façade erected to make us feel that all is well. Reminding us that there is a new curriculum (which doesn’t seem to amount to more than shifting around the furniture on the Titanic) will not make us look away from the real issues.
When Dean Lawrence E. Mitchell of Case Western Reserve University School of Law announced earlier this week that he was taking a temporary leave of absence, we offered two theories about why. The first was that the university wanted to remove him from his post so it could conduct an independent investigation of the allegations made against him in a lawsuit by Professor Raymond Ku. The second was that Dean Mitchell wanted to devote his full time and energy to fighting Professor Ku’s lawsuit, which claims that the dean retaliated against Professor Ku after Ku reported alleged sexual harassment by the dean to university officials.
Of these two theories, the second is probably closer to the truth. Through his lawyers, Dean Mitchell is fighting back — hard — and the university seems to be supporting him all the way.
Since we’ve devoted extensive coverage to the allegations of the lawsuit against Dean Mitchell, let’s now hear the arguments defending him (and attacking Professor Ku). Some of them have been made by Dean Mitchell’s lawyers and the university, and some come from Case Western students and faculty members with whom we have communicated. They paint a most interesting picture….
(Please note the UPDATE added to the end of this post, a message just sent out to Case alumni by President Barbara R. Snyder.)
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