- Madness at Harvard Law School: “This is an occupation,” so activist group Reclaim HLS gets to take down posters it disagrees with [The Crimson; Harvard Law Record (“Barlow said that one protestor told him that if he wanted to post a sign, he could attend Reclaim’s plenary meetings and vote with them about whether or not certain speech should be approved. But he could not, he was told, post a sign without prior approval from Reclaim.”); Avrahm Berkowitz/The Observer]
- “Refraining from hand gestures which denote disagreement” is part of Edinburgh University safe space policy, and now a student leader is in trouble for allegedly raising her arms to indicate disagreement as well as shaking her head in a seeming “no”; while disputing its application to her own action she continues to defend the rule itself [Huffington Post UK]
- “Or in which candidates were dismissed because of their association with conservative or libertarian institutions.” [John Hasnas, Wall Street Journal on faculty ideological diversity] Plus: conversation between Tyler Cowen and Jonathan Haidt;
- Which campus environment provides a fairer process for accused students: Duke in 2006, or Yale today? [KC Johnson; more, Ashe Schow/Washington Examiner (Michigan, Berkeley)] Federal judge blasts Brandeis over Title IX process in “kissing sleeping boyfriend” case [Steve Miller/Independent Gay Forum, KC Johnson/Storify]
- Student militants storm Berkeley stage intent on silencing Metallica drummer Lars Ulrich [Robby Soave: Reason, The Daily Beast]
- The Ford Foundation, which has done so much to transform academia, is profiled along with president Darren Walker [Larissa MacFarquhar, New Yorker; my critical view of Ford] Funding postmodern feminist glaciology: “Has it become the National Science and Other Ways of Knowing Foundation?” [Jerry Coyne]
Archive for April, 2016
AAUP getting a little braver on Title IX?
The American Association of University Professors (AAUP), which has a record of sadly weak defenses of faculty rights in response to the feds’ efforts under Title IX to restrict due process accorded to persons accused of misconduct at universities (see last paragraph of my piece from 2013), might possibly show a little more spine in a pending report now in draft form. Citing a string of episodes, including what happened to Prof. Laura Kipnis at Northwestern as well as many that are less well known, the report acknowledges that the current Washington interpretation of Title IX “has had a chilling effect on academic freedom and speech” and “that the emphasis on complying with federal law has led to some professors being investigated by universities for making statements that some students find offensive but that the report says should be protected.” [Anemona Hartocollis/New York Times, Lizzie Crocker/Daily Beast, Scott Greenfield, Peter Wood/Minding the Campus] More from the NYT:
The association says the government should allow universities to use a “clear and convincing” standard of evidence in their internal reviews of sexual harassment complaints rather than the less strict “preponderance of evidence” standard now required. …The report says that the federal crackdown has poisoned the traditional relationship between faculty and students by turning professors from informal confidants into official enforcers.
Plus, new paper being widely talked about, “The Sex Bureaucracy,” by Jacob Gersen of Harvard and Jeannie Suk of Harvard Law, forthcoming in the California Law Review, abstract:
We are living in a new sex bureaucracy. Saliently decriminalized in the past decades, sex has at the same time become accountable to bureaucracy. In this Article, we focus on higher education to tell the story of the sex bureaucracy. The story is about the steady expansion of regulatory concepts of sex discrimination and sexual violence to the point that the regulated area comes to encompass ordinary sex. The mark of bureaucracy is procedure and organizational form. Over time, federal prohibitions against sex discrimination and sexual violence have been interpreted to require educational institutions to adopt particular procedures to respond, prevent, research, survey, inform, investigate, adjudicate, and train. The federal bureaucracy essentially required nongovernmental institutions to create mini-bureaucracies, and to develop policies and procedures that are subject to federal oversight. That oversight is not merely, as currently assumed, of sexual harassment and sexual violence, but also of sex itself. We call this “bureaucratic sex creep” — the enlargement of bureaucratic regulation of sexual conduct that is voluntary, non-harassing, nonviolent, and does not harm others. At a moment when it is politically difficult to criticize any undertaking against sexual assault, we are writing about the bureaucratic leveraging of sexual violence and harassment policy to regulate ordinary sex. …
Estimate: $15 wage to cost California taxpayers $3.6 billion/year
The state of California’s legislative analyst projects that raising the state’s minimum wage to $15 an hour, as a pending deal among political bigwigs would do, would cost taxpayers $3.6 billion more a year in government pay [Associated Press] Related: California plan an experiment that’s sure to generate interesting data, too bad it’s being conducted on real people [David Henderson] “Labor is not a commodity like bread or electronics,” moralists claim. Funny how it is subject to economic laws all the same [Coyote]
More: “The $15 minimum wage sweeping the nation might kill jobs — and that’s okay.” So now they tell us [Lydia DePillis/WaPo via Noah Rothman, Commentary] Data from Europe: Steve Hanke, Cato 2014.
Sheldon Silver disbarred
The former New York Assembly Speaker and linchpin of trial lawyer influence in the Empire State is a licensed lawyer no longer. [New York Daily News]
P.S. Commenter VMS says this step is a formality, Silver lost his right to practice as an attorney on conviction in November.
False Claims Act jumps the guardrails in E.D. Tex.
A $680 million award in the plaintiff-friendly Eastern District of Texas illustrates some of the problems with the federal False Claims Act, the whistleblower law enabling bounty-hunting suits against government vendors and contractors [Ilya Shapiro, earlier here, here, and here]:
Trinity contends — and the alleged federal-agency victim agrees! — that the re-designed device, which passed all diagnostic tests, met all the safety criteria required by the FHWA, and therefore that the omission of the redesign failed to qualify as the sort of “false statement” required for liability under the FCA. Despite a warning from the U.S. Court of Appeals for the Fifth Circuit regarding the weakness of the FCA claims, a trial court in the eastern district of Texas—known for being a “judicial hellhole”—moved the case forward, to an eventual jury verdict for Harman.
The jury found Trinity liable for more than $680 million in damages, which is the largest damage award in FCA history. Out of the millions in damages and penalties, the court awarded Harman a 30% share of the recovery, plus almost $19 million in attorneys’ fees and expenses.
Cato has submitted a Fifth Circuit amicus brief “arguing that the jury’s finding of liability and damages were unsustainable under the law.”
Bloomberg profiles Ted Frank
Ted Frank, who directs the Center for Class Action Fairness and was long a co-blogger here at Overlawyered, is the subject of this Bloomberg/BNA profile from Steven Sellers of Class Action Litigation Report. A master key to Ted’s analysis of class action settlement incentives? “The Posner and Easterbrook decisions on class actions… pervade everything I do,” he says, referring to economically informed Seventh Circuit judges Richard Posner and Frank Easterbrook, both also associated with the University of Chicago law school, where Ted studied. Chicken offsets get a mention, too.
A convenient court for reputation repair
Tim Cushing at TechDirt examines curious patterns in how the courts of Contra Costa County, California, in the Bay Area, have repeatedly been used to generate search engine takedowns affecting so-called gripe (consumer complaint) websites. More: Paul Alan Levy, CL&P.