Search Results for ‘obama school discipline’

Campus climate roundup

January 17 roundup

Hans Bader on the Maryland cyber-bullying bill

He follows up on my criticism from yesterday:

Under the First Amendment, the government has far less power to restrict speech when it acts as a sovereign (such as when it criminally prosecutes people for their speech) than when it uses non-criminal disciplinary tools to regulate speech in its own government offices or (in certain circumstances) the public schools. …

… Maryland’s law restricts speech in society generally, by both minors and adults. The government obviously cannot rely on public school officials’ custodial and tutelary power over student speech to restrict the speech of adult non-students, much less their speech outside the schools. … The fact that speech is emotionally distressing may be a factor in whether to discipline a student for it under school rules, but it is not a justification for criminal prosecution, or even, generally speaking, a tort lawsuit. …

Activists claim bullying is an “epidemic” and a “pandemic.” But in reality, the rate of bullying has steadily diminished in the nation’s schools.

More: Mike Masnick at TechDirt criticizes the new law and kindly quotes my piece.

October 31 roundup

March 16 roundup

  • “A new target for tech patent trolls: cash-strapped American cities” [Joe Mullin, Ars Technica] Crowdsourcing troll control [Farhad Manjoo, Slate] “Why patent trolls don’t need valid patents” [Felix Salmon] “Why Hayek Would Have Hated Software Patents” [Timothy Lee, Cato] Et tu, Shoah Foundation? [Mike Masnick, TechDirt]
  • Cory King case: “Not Everything Can Be a Federal Crime” [Ilya Shapiro, Cato]
  • “Ban on smoking in cars with young children clears Md. Senate” [WaPo]
  • On religious exemption to birth control mandate, NYT wrestles with unwelcome poll numbers [Mickey Kaus]
  • “Undocumented Law Grad Can’t Get Driver’s License, But Hopes for Fla. Supreme Court OK of Law License” [ABA Journal]
  • Department of Justice launches campaign against racial disparities in school discipline [Jason Riley, WSJ via Amy Alkon]
  • James Gattuso and Diane Katz, “Red Tape Rising: Obama-Era Regulation at the Three-Year Mark” [Heritage]

International law roundup

  • Supreme Court orders rebriefing in Kiobel v. Royal Dutch Petroleum case, could address extent of permitted extraterritoriality in Alien Tort Statute [Kenneth Anderson/Volokh quoting John Bellinger, Point of Law featured discussion, Ilya Shapiro on Cato brief]
  • UN “food rights” official: trade, investment pacts should not go forward without “human rights impact assessments” [De Schutter; his paternalist food-policy agenda] UN panel reviews Canada’s record on race, lectures on need for more multiculturalism [OHCHR]
  • Courts still reluctant to restrain parents’ physical discipline of kids, but UN Convention on the Rights of the Child, for which ratification push is expected in the U.S. this year, could change that [Elizabeth Wilson, ConcurOp]
  • Golan v. Holder: “Copyright Case May Have Profound Effect on Treaty Power” [Ilya Shapiro, Jurist]
  • Web accessibility litigation spreads to UK [Disability Law, related on role of U.N. Convention on the Rights of Persons with Disabilities, earlier and background]
  • New tone under Ambassador Joseph Torsella: “Obama Comes Around on U.N. Reform” [Brett Schaefer, NRO]
  • Reviewing new John Fonte book Sovereignty or Submission, Temple lawprof Peter Spiro contends that trend toward transnational governance isn’t “reversible…. It’s mostly wishful thinking to suppose that we can stick to the vision of the Founders.” [OJ, earlier here, etc., and see chapters 11-12 of Schools for Misrule]
  • Dante’s Divine Comedy “offensive and should be banned,” per UN anti-discrimination consultancy [Telegraph]

February 3 roundup

Quoted more on Sotomayor

In today’s San Francisco Chronicle, Carolyn Lochhead quotes me on the Supreme Court pick:

“It’s not as if I think Obama’s incapable of nominating someone who is more adventurous and more activist by nature,” said Walter Olson, a senior fellow at the conservative Manhattan Institute. “Maybe we should save the all-out blast for when he nominates that one.”

I also have a comment on Ricci v. DeStefano, the lawsuit that arose from relatively blatant discrimination by the city of New Haven against non-minority firefighter applicants. I would not be surprised to learn that Sotomayor’s views on reverse discrimination differed widely from my own, but still note that it’s vaguely incongruous to treat as Exhibit A for a charge of judicial activism an instance in which the judge and her colleagues ducked a case.

Finally, my postings on the Sotomayor nomination continue at Point of Law, including an item on a Connecticut school discipline case where the nominee has drawn fire for (as part of a unanimous panel) siding with the school authorities. More: Jake Tapper, ABC.