Comments on: Four Harvard lawprofs who stood on principle https://www.overlawyered.com/2019/08/four-harvard-lawprofs-who-stood-on-principle/ Chronicling the high cost of our legal system Wed, 14 Aug 2019 14:14:07 +0000 hourly 1 By: Will the ABA Endorse An Affirmative-Consent Standard In Sex-Assault Prosecutions? - The ALI Adviser https://www.overlawyered.com/2019/08/four-harvard-lawprofs-who-stood-on-principle/comment-page-1/#comment-355640 Wed, 14 Aug 2019 14:14:07 +0000 https://www.overlawyered.com/?p=73509#comment-355640 […] the others are Jeannie Suk Gersen, Elizabeth Bartholet, and former federal judge Nancy Gertner – profiled by Wesley Yang in an excellent new piece for the Chronicle of Higher […]

]]> By: SPO https://www.overlawyered.com/2019/08/four-harvard-lawprofs-who-stood-on-principle/comment-page-1/#comment-355615 Mon, 12 Aug 2019 16:25:24 +0000 https://www.overlawyered.com/?p=73509#comment-355615 It would be interesting indeed to see what the Harvard law profs and others think about what the University of Wisconsin should do now that an accused rapist has been acquitted

One interesting question, and I’d love to hear people’s views on it—do the contours of prohibited sexual conduct have to mirror exactly the rape laws of a particular state? The answer may differ between private and public universities.

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]]> By: NCC https://www.overlawyered.com/2019/08/four-harvard-lawprofs-who-stood-on-principle/comment-page-1/#comment-355603 Sun, 11 Aug 2019 19:20:47 +0000 https://www.overlawyered.com/?p=73509#comment-355603 See, however, https://www.powerlineblog.com/archives/2019/07/scenes-from-the-progressive-freakout-1.php (“First, the 1935 case Gersen references here is Schechter Poultry, and I’m guessing she’s never actually read it, or she might know that the case wasn’t decided by a narrow “conservative majority”—Schechter was a 9 – 0 decision, which means even the Court’s liberal members like Brandeis and Cardozo thought Congress had gone too far in delegating power to the Roosevelt Administration. And far from striking down a law that “protected consumers,” the case struck down the National Recovery Act, which totally screwed consumers by establishing industry cartels to keep prices high. How, exactly, did that “protect” consumers? How was the consumer served by sending Jacob Maged to jail for charging a consumer 35 cents to clean and press a suit instead of the 40 cents the government mandated?”)

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