Author Archive

“Judge Slaps Motley Rice With Fees Over ‘Frivolous’ Lawsuit”

“A federal judge in Indiana ordered lawyers including the prominent firm of Motley Rice to pay ITT Educational Services almost $400,000 in legal fees for pursuing a ‘frivolous’ lawsuit the judge said was ‘based on a completely false story.'” In line with the reluctance of American judges to award Rule 11 sanctions, the judge awarded only a small fraction of the defendant’s actual outlay in attorney’s fees, which ran into many millions. Motley Rice is a chief beneficiary of the ongoing income stream of the tobacco litigation fees, which return $500 million a year to an assortment of plaintiff’s firms. [Dan Fisher, Forbes]

Free speech roundup

  • Keeping prosecutors busy? Georgia lawmaker files bill that would make Internet defamation a crime [Fulton County Daily Report]
  • Sarkozy calls for law banning visits to pro-terror websites [Ken Paulson, First Amendment Center]
  • “Ron Paul Campaign Drops Effort To Identify Anonymous Videographer” [Paul Alan Levy]
  • Playboy caused how many divorces? Junk science in the service of big-government conservatism [Andrew Stuttaford, NRO] How Santorum’s plans to get porn off internet go beyond GWB’s [Josh Barro] Contra Santorum, “arrival of Internet was associated with reduction in rape incidence” [Steve Chapman]
  • “Brian Deer and the British Medical Journal File An Anti-SLAPP Motion Against Andrew Wakefield” [Popehat]
  • Iowa passes law penalizing animal rightsers who spy on farms [Reuters, earlier] Illinois turns thumbs down on “ag-gag” proposal [Steve Chapman]
  • “What’s happened to free speech in Britain?” [Alex Massie, John O’Sullivan/NRO, earlier here and others]

The Gashlycrumb tort actions

For the intersection of tort buffs and Edward Gorey fans — I can’t be the only such one — don’t miss this from Kyle Graham at his excellent new blog Non Curat Lex:

…C is for Carter who slipped on some ice

D is for Dillon who might have died twice

E is for Escola nicked by some pop

F is for Fletcher whose mine needed a mop…

Original reference here.

Dees-graceful: proposing a new orthodoxy at GW Law

Updated twice: According to college paper Nota Bene, the student bar association Senate at George Washington University is asking the law school to consider a proposed policy which would attach substantial new restrictions to student decisions to invite speakers from “hate groups” to campus. (More: GW Patriot; a list of the asked-for restrictions, which include hiring security personnel at the expense of the inviting group and making “this is a hate group speaker” pre-announcements to audiences, is here; Nota Bene reports that the demand will not be considered this semester, and other sources say NB coverage has overstated how far the proposal managed to get). Making matters especially problematic, the blacklist would consist of groups designated as “hate groups” by Morris Dees’s Southern Poverty Law Center [SPLC] or the Anti-Defamation League.

Dees, long a deeply controversial public figure and polemicist, has been roundly criticized in recent years for expanding his list of “hate” and “extremist” groups, sent to law enforcement groups across the country, far beyond violent and criminal groups to include organizations and websites that advocate various (typically conservative) causes in a vehement and unpleasant manner, and thus offend liberal SPLC donors (and typically offend me as well). This year SPLC came in for widespread derision when it added a new category in its hate group report for “pickup artist” blogs, a target of feminist ire.

The demands for a policy change at GW were apparently triggered by an appearance on campus by the anti-gay Family Research Council, a spinoff of James Dobson’s Focus on the Family group. I have about as low an opinion of the FRC as it’s possible to have, but it’s not exactly to be confused with the Aryan Nations — major Republican politicians are willing to appear at its events, for example — and if you’re a student at a law school, it’s probably not a bad idea to be made aware that there are people out there with a wide range of views on the controversies of the day.

When I speak to audiences about the ideological law school atmosphere described in Schools for Misrule, I’m sometimes asked whether the pressures for conformity and silence are getting worse. Usually I argue the reverse, that law schools have tended to become more open in recent years to a broad spectrum of debate. If the advocates pushing the GWU initiative manage to get their proposal taken seriously by the law faculty, I may need to revise my thinking. [Updated 3/28 to reflect subsequent NotaBene report and questioning of its coverage; h/t Peter Bonilla, FIRE]