Author Archive

Slow typist sues law school, cont’d

The Ann Arbor News covers Adrian Zachariasewycz’s complaint against the University of Michigan Law School (see Jan. 27), and quotes me along the way:

In addition to seeking unspecified monetary damages, Zachariasewycz wants the law school to study his scores and provide a letter or make a verbal statement to prospective employers saying that his typing was a factor in his exams.

“I paid a lot of money to go to law school,” Zachariasewycz said. “I interrupted my career. I worked very hard. And I got a big zero out of it.”

Walter Olson, a senior fellow at the Manhattan Institute, a conservative think tank in New York City, is founder of overlawyered.com, which posted a comment about the case and other lawsuits Olson believes have “eyebrow-raising potential.”

“It’s hard to figure out what’s been done to him that’s unlawful,” Olson said.

Olson said he thought it first had something to do with rights of the disabled.

“But it looks like he’s just an ordinary bad typist like a lot of the rest of us.”

(Jo Collins Mathis, “U-M law school sued over grad’s poor typing skills”, Ann Arbor News, Feb. 2).

Marcotte encore

John Edwards’ selection as his blogger-in-chief of Pandagon‘s Amanda Marcotte has mushroomed into what National Journal “Beltway Blogroll” terms “the first blog scandal of campaign 2008,” made more piquant by Marcotte’s quick move (documented in our Friday post) to delete her bizarrely abusive rantings about the Duke case once they began to attract attention. I should note that in our very active comments thread, Ted takes a different view than I do of the affair, and I explain in turn (in a comment kindly quoted by K.C. Johnson) why I think the episode does reflect poorly on Edwards’ campaign:

John Edwards’s life in the law and experience with the justice system is his major resume item dating back beyond the past few years, as well as the major reason this site has given his career extensive coverage. Moreover, the Duke case, which looks ever more like the Scottsboro Boys case of our era, has been convulsing his own state of North Carolina for month after month. Edwards’ dodging of the case — his apparently successful stifling of any urge to speak out at the plight of the falsely accused — might on its own stand as merely cowardly. Marcotte’s hiring, on the other hand, throws an even less attractive light on it, rather as if, in Scottsboro Boys days, an on-the-sidelines Southern senator took on as a major spokesperson someone who’d been yelling the Boys’ guilt from the rooftops in the most crudely prejudicial language.

On Marcotte’s quick removal of her Duke comments, Dale Franks at Q and O makes the legitimate point that there’s nothing intrinsically improper in bloggers’ going back to amend or delete past posts that they now realize are mistaken or which no longer reflect their evolving views. And Ted cautions, also quite fairly, against evaluating a blogger’s fitness for a real-world post by pointing to the most inflammatory of his or her thousands of past posts.

Part of what lends the Marcotte episode such a comic aspect, however, is the timing and nature of her post and later revision. Her vitriolic rant asserting the lacrosse players’ guilt was posted a mere two weeks ago, almost certainly at a point after (as the Atlanta airport reference indicates) she had already entered talks with the Edwards campaign and thus had reason to know that she might soon come under the heightened scrutiny accorded to an official spokesperson. These were not the impulsive utterances of a Net Newbie. Moreover, the temperate-sounding new “official stance” with which she replaced the scrubbed post is ludicrously different in both tone and content from the rant it replaced; at a quick reading, one might even take it for a defense of the lacrosse players. A closer examination of its dodgy language, however, reveals that she does not actually take anything back; there is no indication that she has reconsidered her view of Jan. 21 or sees it as being in need of actual correction.

As for whether Marcotte was just having a bad day and slipped into an abusiveness that is unrepresentative of her usual tone, even a cursory glance through her output at Pandagon makes clear that there is much more embarrassment for the Edwards campaign to come: a few examples are collected at LieStoppers (scroll to “Earlier Comments”), Michelle Malkin, and Creative Destruction.

Some further commentary: Common Sense Political Thought, Protein Wisdom, Mark Steyn @ NRO (“There are two Americas: one in which John Edwards gives bland speeches of soporific niceness, the other in which his campaign blogger unleashes foaming rants of stereotypically obsessive derangement.”), Patterico (& welcome Michelle Malkin readers).

Meet John Edwards’s new blogger-in-chief

Well after the revelation of the undisclosed DNA results, the ATM, taxi and dorm alibis, the umpteen times the stripper has changed her story, Amanda Marcotte still is willing to blast the Duke Lacrosse Three as guilty, guilty, guilty; and what do you know, the John-Edwards-for-President campaign has just saluted Marcotte’s acuity by naming her its blogger-in-chief (Pandagon, Jan. 21, foul language galore; Edwards blog, Jan. 30; Blogger News Network, Jan. 30, via Taranto; LieStoppers, Feb. 1). It’s enough to distract attention from all the comic joshing over the Friend of the Downtrodden’s gigantic new residence, or “Suing-’em Palace” as Mark Steyn calls it (NRO “The Corner”, Jan. 30; Dean Barnett, Jan. 30).

Update: Marcotte has now (1 p.m. Friday) yanked down her original post of Jan. 21, and appears also to have deleted several comments, but GoogleCache still has it for the moment. Here is its text, in the spirit of Fair-Use-ery:

Naturally, my flight out of Atlanta has been delayed. Let’s hope it takes off when they say it will so I don’t miss my connecting flight home.

In the meantime, I’ve been sort of casually listening to CNN blaring throughout the waiting area and good f**king god is that channel pure evil. For awhile, I had to listen to how the poor dear lacrosse players at Duke are being persecuted just because they held someone down and f**ked her against her will—not rape, of course, because the charges have been thrown out. Can’t a few white boys sexually assault a black woman anymore without people getting all wound up about it? So unfair.

111 Responses to “Stuck at the airport again…..”

Further update (1:20 p.m. Friday): Here are two comments that Marcotte appears to have deleted from the original thread. The “In her part of the country” comment had already drawn criticism from readers on the LieStoppers site:

Amanda Marcotte Jan 21st, 2007 at 12:54 pm

Yes, how dare a rape victim act confused and bewildered like she was raped or something.

# Amanda Marcotte Jan 21st, 2007 at 2:03 pm

Natalia, do you know the details of the case? If so, why do you think a women enthusiastically jumped into a sexual situation with men making slavery jokes at her? Furthermore, what is your theory on why she supposedly looooooved having sex with guys holding her facedown on the bathroom floor? There’s no “if” they behaved in a disrespectful manner. We have conclusive evidence that happened.

This is about race and class and gender in every way, and there’s basically no way this woman was going to see justice. In her part of the country, both women and black people are seen as subhuman objects to be used and abused by white men.

Plus: I see that K.C. Johnson (“Durham in Wonderland“) is on the case in typically thorough and powerful fashion. Marcotte also provides this further comment reacting to her critics (“if I see the words ‘Duke’ or ‘lacrosse’ in an email that has the whiff of accusatory tone, I’m deleting it and simply not going to reply to it”).

And again (11:30 p.m. Friday): In a further post, K.C. Johnson cites chapter and verse about how Marcotte’s hiring won much praise for the Edwards folks as a shrewd way of reaching out to progressive netroots forces. More discussion: TalkLeft forums, Betsy Newmark, Jeff Taylor at Reason “Hit and Run” (R-rated), Outside the Beltway, Patrick Ruffini, South of Heaven, Little Miss Attila, Brainster; & welcome Glenn Reynolds, Kevin O’Keefe and Michelle Malkin readers.

Further updates: see Feb. 4, Feb. 7, Feb. 8, Feb. 12 (Marcotte quits Edwards post), Feb. 16.

Notable quote

“We cannot permit federal lawsuits to be transformed into amorphous vehicles for the rectification of all alleged wrongs” — a three-judge panel of the 11th Circuit (Chief Judge James Edmondson and Judges James Hill and Phyllis Kravitch), refusing to declare Alabama’s property tax system an unconstitutional cause of racial segregation in its institutions of higher education. (Tom Gordon, “Appeals court says tax system doesn’t segregate”, Birmingham News, Feb. 1; “Ruling backs state in higher-ed case”, AP/Montgomery Advertiser, Feb. 2).

“Plaintiff strikes out in lawsuit over Angels bag giveaway”

“A judge tossed out a sex and age discrimination lawsuit Thursday against Angels baseball that claimed thousands of men and juveniles were wronged during a promotional giveaway at a Mother’s Day game. The gift – a red nylon tote bag – was offered free only to women age 18 and older.” (Erik Ortiz, Orange County Register, Feb. 2; Lex Icon, Feb. 1). For more on the action by attorney Alfred Rava and his client Michael Cohn, see May 11, May 23, and Aug. 19, 2006.

UK: gay inns protest anti-bias law

How restrictions on free association can backfire, example #32,785: Hotel owners in Britain who cater to gay travelers say they could be forced out of business by regulations which would make it unlawful to indicate a preference for some guests based on sexual orientation. “At the end of the day, this is our home and as a landlord we have the right to refuse entry to anyone without giving a reason,” says the owner of the Guyz hotel in Blackpool. On the other hand, the civil-rights campaign Stonewall offers no sympathy: “What gay people gain through having an equality law is much more than whether we can just run gay hotels.” (Simon de Bruxelles, “Gay tourist hotels fear equality law”, Times Online, Feb. 1).

Chew out your lawyers, get sued for defamation

Firing your lawyers? Be careful what you say about them in doing so. William and Elizabeth Margrabe had grown increasingly dissatisfied with the legal work done on their behalf by the firm of Sexter and Warmflash in a Westchester County, N.Y. lawsuit over the sale of a stake in a family business. In a letter firing the firm, Mr. Margrabe charged that its work was “fraught with missteps, poor legal judgments, failure to protect your client’s rights on repeated occasions, and poor, adversarial, or misleading communications with your clients.” He further accused the attorneys of pursuing their own interests over those of clients in seeking a hasty resolution of some issues, and also of charging a usurious interest rate on its fee. He copied the letter to the new lawyers he had hired to take over the matter.

How did Sexter & Warmflash respond? It sued the Margrabes for $1 million for defamation. Trial court judge Shirley Werner Kornreich ruled that its suit could proceed, and ruled outright in Sexter’s favor on the Margrabes’ liability for the “usurious fee” allegation, but an appeals court reversed, ruling that the Margrabes were protected by a privilege extended to statements made as part of a legal proceeding. (Anthony Lin, “Law Firm’s Defamation Suit Against Former Client Dismissed”, New York Law Journal, Jan. 10).

“These men are remarkably sophisticated consumers of legal talent”

But then the Hell’s Angels have been repeat customers of attorneys’ services for long enough to build up an expertise (Thomas J. Lueck, “After Police Search, Hells Angels Brace for Fight”, New York Times, Feb. 1)(quoting attorney Ronald L. Kuby). More: Feb. 10, 1996 (California county agrees to pay nearly $1 million after police shot and killed three guard dogs belonging to Hell’s Angels club).