Category: Society

Vermont Supreme Court Rules That Ugly Is Not Actionable As Nuisance Claim

500px-vtsupremecourt03fixed_tilt_solar_panel_at_canterbury_municipal_building_canterbury_new_hampshireThere is an interesting case out of the Vermont Supreme Court on aesthetic nuisance, a subject that I cover in my torts course.  At issue in Myrick v. Peck Elec. Co., 2017 VT 4 was a consolidated challenge to a solar power development on the basis that the solar power structures would be unsightly and reduce property value. In line with other courts, the Vermont Supreme Court roundly rejected the notion that ugliness or unattractiveness is a viable basis for a nuisance action under common law torts.

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Protesters Succeed In Preventing Conservative Speakers From Appearing At The University of California At Davis

the_university_of_california_davis-svgWe have been discussing the largely successful efforts by students and faculty to prevent certain conservative speakers like Milo Yiannopoulos from being able to speak on campuses. The latest such example is University of California at Davis where protesters succeeded in preventing fellow students and faculty from hearing Yiannopoulos. There is one promising element to the story however. Unlike school administrators who have either supported or yielded to the “heckler’s veto,” Interim Chancellor Ralph Hexter denounced the effort to not only silence an opposing voice but to deny the right of others to hear that voice on campus. While the school professes “let there be light” on its seal, the school is now cloaked in a forced silence after the ignoble victory of protesters in curtailing the exercise of free speech.

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California Legislators Push For Course On Teaching High School Teachers How To Spot Fake News

894597_490371537684852_1755238079_oI have long been a critic of politician interfering with curricular issues in our schools. Most of us do not look to politicians as paragons of knowledge. Assemblyman Jimmy Gomez personifies the perils of politicians dictating course choices. Gomez is pushing for a course on to teach students who to avoid fake news. It is part of a new trend around the world to rally people against the scourge of “fake news” — a trend that is already been used as a rationale for censorship and the criminalization of speech. Fake news is now the rallying cry for people who disagree with coverage and is used as a way to avoid answering questions.  What one person consider fake news and other considers real news can be highly subjective.  The most recent controversy reveals the difficult lines to draw.  President-elect Donald Trump made headlines yesterday by denounced CNN as “fake news” and refusing to take a question from its reporter.  Yet, the report was “news” that was reported by most major outlets.  I agree with the Trump staff about the need for BuzzFeed to have looked more closely at specific allegations and I do find the contractions raised by the Trump staff to be very problematic.  Indeed, James Clapper appears to have supported Trump in his outrage over the leaks and further distanced the U.S. intelligence community from the merits of the allegations. [Here is  Clapper’s statement]  Yet, the legitimacy of these stories comes down to the details published in the stories.  A former MI6 agent made the allegation and those allegations were forwarded to the FBI by a U.S. Senator.  That is news.  The specific “dirt” alleged to be in the possession of the Russians is a far more difficult question for editors and most declined to run those details while reporting the lack of independent confirmation.

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More Cow Bell: Swiss Town Bars Entry Of Cow Bell Critic

Screen Shot 2014-09-29 at 8.19.08 AM 1We have previously discussed the move to drop the use of the large cow bells that is part of the Swiss identity. Now local citizens in the canton of Aargau have moved to deny a passport to Nancy Holten, 42, because of her advocacy on behalf of the Swiss cows. It turns out that citizens and towns can object to the issuance of passports in Switzerland.

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New York Judge Dismisses Defamation Lawsuit Against Donald Trump

495px-Donald_Trump_by_Gage_SkidmoreTwitter LogoNew York State Supreme Court Judge Barbara Jaffe has dismissed the defamation case against against President-elect Donald Trump brought by political strategist and TV pundit Cheryl Jacobus. Trump slammed Jacobus during the campaign and said that she “begged him for a job” at one time. Jaffe, however, held that such tweets are manifestly opinion and not facts for the purposes of defamation law. It is perhaps fitting that the first major ruling related to Trump would be over the character of tweets. If upheld, this could be a major new rule. As if on cue, Trump make more headlines today in the wake of the decision on Twitter with a tweet attacking the intelligence agencies saying “Intelligence agencies should never have allowed this fake news to “leak” into the public. One last shot at me.Are we living in Nazi Germany?” That is clearly opinion and hyperbole but the scope of Jaffe’s decision certainly adds a layer of protection not just for Trump but other regular tweeters.

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Texas Legislator Seeks To Get Rid Of No-Fault Divorces and To Delay The Finalization Of Divorces

thumb_wedding_rings2465Matt Krause is a deeply religious man who feels that people too easily divorce. That is clearly understandable view and probably speaks well of his own marriage. However, Krause is also a Texas state representative and wants to make that decision more difficult for his neighbors. He has introduced bills that should more divorces more expensive and more time-consuming and thus more difficult for couples to secure. This is a point where libertarians and some conservatives part ways. As someone with strong libertarian tendencies, I recoil at the government enforcing moral codes on a couples in making it difficult for them to divorce after they have made that difficult decision within her marriage or families. He would specifically bar no-fault divorces to protect the sanctity of marriage.

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Missouri Congressman Calls For Criminal Charges Against California Congressman In Removal Of Painting Depicting Police As Pigs

wm-_lacy_clay_official_photo_2009hshotthumbThere is an interesting controversy brewing on Capitol Hill where Missouri Rep. Lacy Clay, D-Mo., wants California Rep. Duncan Hunter (R-Ca) criminally charged after Hunter took down a painting by one of Clay’s constituents that contains insulting images of police as pigs and other animals. The question is what the crime might be in such a circumstance since the painting was not damaged. It is analogous to the recent controversy at the University of Pennsylvania where students pulled down a portrait of William Shakespeare and replaced it with a portrait of a black feminist author. The painting (as in this case) was brought undamaged to the office. Of course, this is the removal of art from a Capitol building.

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English Government Proposes New Rating System For Universities

220px-Houses.of.parliament.overall.arpThere is a highly disturbing measure under consideration in Parliament this month. The government has proposed a new ratings system where students would give popularity (or unpopularity) rankings of schools. The Higher Education and Research Bill advocated by Universities Minister Jo Johnson has made it to a legislative committee. The proposed Teaching Excellence Framework (TEF) imposes the system on universities which will be awarded gold, silver or bronze medals on the basis of a range of factors including student satisfaction, teaching excellence and preparation for the world of work. It is an effort to move beyond just ranking universities by their research excellence. Many academics have denounced the TEF as an obvious effort to coerce universities into yielding to demands from students on curriculum and other issues. The system would add new pressures on schools to yield to demands of students on curriculum and policies. It is turning over higher education to a type of academic social media where  quality is based on your number of “likes.” If students “like” Laurette University more than Oxford, does that make Laurette the better school?

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University of London Students Demand That “White Philosophers” Be Replaced By African and Asian Philosophers

mte1oda0otcxmjy3mzywmjy5300px-university_of_london-svgUniversities are facing new demands that students be protected from required reading of white authors or that departments take steps to combat white dominance, particularly in English departments. We have previously discussed demands at Yale of English students to eliminate the requirement of reading white authors like Chaucer and Shakespeare. Then there were the Penn students in the English department removing the portrait of Shakespeare and replacing it with a black writer. Now students at the respected University of London are demanding that figures such as Plato, Descartes and Immanuel Kant be removed from philosophy courses in favor of minority writers. Before these students destroy one of the best university systems in the world, they may want to at least consider a Descartes quote: “It is not enough to have a good mind; the main thing is to use it well.”
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Mr. Mnuchin’s Mortgage Marauders

By Mike Appleton, Weekend Contributor

“Corporation, n. An ingenious device for obtaining individual profit without individual responsibility.”

-Ambrose Bierce, “The Unabridged Devil’s Dictionary”

I have frequently criticized media coverage of legal issues. For example, news reports often attribute significance to orders on routine procedural motions that is wholly unwarranted. And even reporters with legal backgrounds are not clear and understandable in their explanation of court rulings to laypersons. So when I came across reports that Treasury Secretary-designate Steven Mnuchin’s bank had filed a mortgage foreclosure action against a 90 year old Florida widow over 27 cents, I was skeptical.

But the story interested me because the subject of the suit resides in Polk County, only an hour’s drive from where I live. In addition, with the advent of electronic filing in court proceedings, I knew that I could access the court files online and review the actual record in the case. I have now done so and have concluded that the stories have been misleading, but not for the reasons one might expect. What has happened to Ms. Ossie Lofton of Lakeland, Florida is worse than what has been reported.

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FAREWELL NAT HENTOFF

It is with profound personal sadness that I share the passing of one of the true great commentators of our generation. I have known Nat for decades. I knew him before he knew me. When I started to write as a columnist, Nat recognized a kindred spirit and reached out to me. I was floored to be getting a call from a man who I had so long admired. We kept up the communications on hot button sides. Nat didn’t use email (indeed he continued to use a typewriter). You would just get a call out of the blue with that unique gravely voice on the other end. He would immediately delve into something he read of mine or some idea that he had. I cherished every call. Nat was a mentor and a friend. With his passing goes one of the most authentic and brilliant minds of our generation. Many of us lost a friend but more importantly this country lost something that is becoming far, far more rare and precious: an honest voice. Nat was 91

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Arkansas Rep. Micah Neal Pleads Guilty To Bribery and Kickback Scheme Involving Evangelical College

image-aspxRepublican Arkansas Rep. Micah Neal has pleaded guilty to a shocking bribery and kickback scheme involving Arkansas evangelical Ecclesia College, a tiny Bible college in Springdale. Neal is facing up to 20 years for taking $38,000 in bribes. The father of two ran on his credentials as a pro-life, conservative leader.

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U.S. Intelligence Report Contradicts Donna Brazile In Email Scandal

220px-donna_brazile_1We discussed earlier how Donna Brazile, the interim chair of the Democratic National Committee, denied the legitimacy of emails that showed her leaking a question to Hillary Clinton that would be asked verbatim at the CNN downhill event. The media has largely declined to investigate the claim, including confirming the receipt of the earlier email from the Clinton staffer. Now additional emails allegedly show Brazile secretly feeding information to the Clinton campaign. Again, there has been relatively little media attention to the story and CNN initially issued a remarkably weak response that it was “uncomfortable” with the new disclosures on Brazile’s actions while a CNN commentator. While CNN Worldwide President Jeff Zucker later called Brazile’s actions “disgusting” and others have denounced her actions and later contradictions, the DNC stuck with Brazile even praising her post-scandal appearance before staffers (with one notable exception). More importantly, despite the ease of simply questioning the other recipients to confirm or disprove Brazile’s claims, reporters have done little to confirm whether Brazile lied or told the truth about the emails (a significant story during the campaign). Now, the declassified intelligence report appear to directly dispute what Brazile has said but it is unclear if anyone in the media is willing to pursue the story against one of the most powerful figures in Washington Democratic circles.

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Apple Takes Down App For New York Times In China After Being Denounced As “Fake News”

130px-Mao_Zedong_portrait125px-Apple-logoWe have been discussing the crackdown on “fake news,” including my view that this has become the latest rationale for various countries to rollback on free speech, including most recently top lawyers in Italy. This includes the question yesterday of whether newspaper like the Washington Post could be charged as the purveyors of “fake news.” Now that speculation appears to be reality in China where Apple took down the App for the New York Times, a move assumed to be part of China’s transparent campaign against what it deems “fake news” — which obviously means real news revealing truths about the authoritarian regime. Critics have charged that Apple has agreed to be the agent of censorship in order to pursue business in China. In the meantime, government controlled newspapers have invited the New York Times to “reflect” on it being barred from the App store. Not surprisingly, the Obama Administration’s effort to limit free speech has not gone unnoticed by the Chinese, who are citing the Obama policies (and new propaganda office) as support for its own legitimacy as an authoritarian system.

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