- Welcome news: U.S. Department of Education withdraws notorious Dear Colleague letter on Title IX and misconduct accusations [Hans Bader, CEI; ABA Journal]
- Kaspersky Lab turns tables, forces E.D. Tex. patent claimant to pay to end case [Joe Mullin, ArsTechnica] Following unanimous SCOTUS ruling easing fee awards for ill-grounded patent litigation, firm told to “pay $1.6 million in attorney’s fees for filing an unwarranted patent lawsuit against a competitor.” [same, Octane Fitness vs. Icon]
- Activist litigation with taxpayer imprimatur: “University Of North Carolina Law School’s Civil Rights Center Closes Following Board Of Governors Vote” [Paul Caron/ TaxProf, Bainbridge, earlier]
- Another positive review for Ben Barton and Stephanos Bibas’s Rebooting Justice [Jeremy Richter, earlier]
- Appeals court rejects constitutional challenge to North Carolina homewrecker tort (“alienation of affection”) [ABA Journal, Eugene Volokh, earlier]
- Social engineering often seen as intrinsically anti-liberty. Rightly so? [Cato Unbound: Jason Kuznicki, Alex Tabarrok and others]
Filed under: alienation of affection, law schools, North Carolina, patent litigation, patent trolls, Title IX
2 Comments
Does withdrawing the letter have any effect? Perhaps sending out another indicating that due process should be given to any accused is needed to restore balance? Innocent until proven guilty, it’s not just for the wealthy any more… And yes, I remember the Duke Lacrosse case where wealth was a motivator rather than deterant. IANAL. I do have daughters. I would hope to not be a hypocrite, but I would probably fail miserably. In my head I know that it’s right, it’s just my heart I have problems with sometimes. đŸ˜€
“Perhaps sending out another indicating that due process should be given to any accused is needed to restore balance?”
The courts are already taking care of that part.
The Sixth Circuit just recently ruled that at least in he said/she said cases, the accused must be allowed to cross examine the accuser.
https://www.washingtonpost.com/news/volokh-conspiracy/wp/2017/09/25/public-university-students-accused-of-sex-assault-must-get-some-chance-to-confront-accusers-at-least-in-he-saidshe-said-cases/?utm_term=.99e64ccac4ac