International

A Sound of Transcendent Beauty and Defiance from the Bomb Shelters of Ukraine

The world has watched in utter disgust at the wanton destruction of Ukraine by Russia. However, in the very midst of the ruins left in the wake of this invasion, the indomitable spirit and beauty of humanity has broken through in the actions of brave Ukrainians. The video below is one of the most beautiful and inspiring moments that I have seen. It is overwhelming and I wanted to share it with anyone who has not seen it.  It shows 94 violinists in 29 countries joining young Ukrainian violinist Illia Bondarenko as he plays in a bunker with the Russian onslaught attacking Kyiv above him.

Continue reading “A Sound of Transcendent Beauty and Defiance from the Bomb Shelters of Ukraine” →

Constitutional Law, Criminal law, Torts

Petito’s Parents File Lawsuit Against Laundrie’s Parents Over the Murder of their Daughter
North Port (FL) Police Department

A novel lawsuit in Florida has been filed by the parents of Gabby Petito against the parents of Brian Laundrie, Chris and Roberta Laundrie. The lawsuit accuses the parents of hiding their knowledge that Brian Laundrie killed their daughter. I am very skeptical over the basis of this lawsuit, which rests on the assumption that, if the parents knew, they had a legal obligation to disclose that knowledge to Gabby Petito’s parents, Joseph Petito and Nichole Schmidt. Continue reading “Petito’s Parents File Lawsuit Against Laundrie’s Parents Over the Murder of their Daughter” →

Columns, Congress, Constitutional Law

Amendments by Acclamation: Democrats Move to Simply Declare the Equal Rights Amendment as Ratified

Below is my column in the Hill on the Democratic campaign to simply declare the Equal Rights Amendment ratified as the 28th Amendment to the Constitution. The question is whether raw politics is enough to shock the unratified and undead into life.

Here is the column:

Continue reading “Amendments by Acclamation: Democrats Move to Simply Declare the Equal Rights Amendment as Ratified” →

Academia, Free Speech

SDSU Professor Removed from Courses for Using Racial Terms in Course on Racism

Professor J. Angelo Corlett is a philosophy professor who has won multiple teaching awards at San Diego State University (SDSU) for his teaching of classes like “Critical Thinking and Composition” and “Philosophy, Racism and Justice” classes. Those classes often raise the use of racial terminology, which Corlett references in class. After a complaint from students, however, he has been removed from two of his three classes without any prior opportunity to fully present his case and explain his pedagogy. What was particularly concerning was a university statement that such removals are not matters of free speech or academic freedom.

Continue reading “SDSU Professor Removed from Courses for Using Racial Terms in Course on Racism” →

Congress, Politics

When Pigs Fly: Congress Inserts over 4,000 Pork Earmarks in Spending Bill

For years, Congress has dispensed with the pretense of informed legislative process when it comes to major bills and appropriations. The new $1.5 trillion omnibus spending bill, however, took the notion of blind legislating to a disgraceful degree. Democratic leadership dumped the almost 3,000 page bill on the members (and the public) on Wednesday with only a couple days to review the massive spending. That includes over 4,000 pork projects in earmarks.

Continue reading “When Pigs Fly: Congress Inserts over 4,000 Pork Earmarks in Spending Bill” →

Constitutional Law, Criminal law, Free Speech

Ninth Circuit Rules Against Las Vegas Officer in Anti-Police Protest Case

There is an interesting free speech case out of Nevada this week where Ninth Circuit Judge J. Clifford Wallace (joined by Chief Judge Mary Murguia and Judge Carlos Bea) ruled that police may have violated the First Amendment rights of protesters who were arrested after writing “F**k Pigs” and “F**k the Cops” in chalk on sidewalks. Notably, in Ballentine v. Tucker, the Ninth Circuit did not view the ban on chalking to be unconstitutional but the selective enforcement of the ban.

Continue reading “Ninth Circuit Rules Against Las Vegas Officer in Anti-Police Protest Case” →

Academia, Free Speech

“Woke Dysphoria” at Concordia? University Suspends Professor After Criticism of Diversity Priorities

There is a major free speech fight brewing at Concordia University in Wisconsin where Professor (and Minister) Dr. Gregory Schulz was suspended after he criticized “woke dysphoria” as part of the search for a new university president. Ironically, Schulz is still listed as one of the approved candidates for the position. Continue reading ““Woke Dysphoria” at Concordia? University Suspends Professor After Criticism of Diversity Priorities” →

Academia, Free Speech, International, Politics

Should Universities Take a Stand on Ukraine? UChicago is Facing That Question
It has become increasingly common for universities to take political positions in support of everything from Black Lives Matter to D.C. Statehood. As such positions increase, there is more and more pressure for official positions to be taken on other subjects. Now, the University of Chicago is being asked to affirm its support of Ukraine after controversial statements from Professor John Mearsheimer. (For full disclosure, I am a graduate of UChicago and Mearsheimer was one of faculty when I was doing strategic studies research at the department). Continue reading “Should Universities Take a Stand on Ukraine? UChicago is Facing That Question” →
Academia, Free Speech, Politics

Jeh Johnson Withdraws as Vassar Commencement Speaker After Protests
Free Speech, International

Bolshoi Conductor Resigns Over Free Speech Controversy as the Crackdown Continues for Artists and Athletes

We recently discussed controversies involving Russian artists and athletes being told that they will be cancelled or blacklisted if they do not expressly denounce the Russian invasion of Ukraine and President Vladimir Putin. Now that assault on free speech has reached the highest levels of ballet after Tugan Sokhiev, the chief conductor at Bolshoi Theatre and the Orchestre National du Capitole de Toulouse, resigned rather than be coerced into such public statements. The Munich Philharmonic also dismissed chief conductor Valery Gergiev after he failed to condemn the invasion. Continue reading “Bolshoi Conductor Resigns Over Free Speech Controversy as the Crackdown Continues for Artists and Athletes” →

Free Speech, International, Uncategorized

Flagging Free Speech or Nepotism? Formula One Team Drops Russian Driver Over Ukraine Invasion

I recently wrote about the Metropolitan Opera Manager Peter Gelb cancelling  soprano Anna Netrebko after she failed to condemn Vladimir Putin. Netrebko, who denounced the Ukrainian invasion, has appeared in pictures with Putin and has said that she will take a hiatus from performing after the controversy. I drew heated objections to my column for defending a supporter of Putin. I was defending free speech rather than Putin but it is an old saw used against civil libertarians when they object to public or private censorship. Now we have a different story out of Formula One racing where Russian driver Nikita Mazepin was dropped by Haas F1 despite a FIA ruling he could compete in Formula One races.  The controversy has some unique elements tied to the racing but raises similar issues of compelled speech. Continue reading “Flagging Free Speech or Nepotism? Formula One Team Drops Russian Driver Over Ukraine Invasion” →

Columns, International, Military

Yes, Foreign Fighters in Ukraine are Covered Under the Geneva Conventions as “Combatants”

We have been seeing new reports for foreign volunteers joining the Ukrainian forces, including Americans, to fight against the Russian invasion. There now appear a sizable number of such volunteers in a modern version of the Lincoln Brigade that fought against fascism in Spain before World War II. The similarities to the Spanish Civil War are striking with the fascists controlling the skies, fielding advanced weaponry, and engaging in war crimes.  Back then, Russia supported the Republican forces against fascism. Now, however, Russia is declaring that foreign volunteers are not considered covered “combatants” under the Geneva Conventions. That is not true. Continue reading “Yes, Foreign Fighters in Ukraine are Covered Under the Geneva Conventions as “Combatants”” →

Courts, Politics, Supreme Court

Why Judge Jackson Needs to Recuse Herself in the Harvard Case: A Response to Noah Feldman et al.

In an earlier column, I wrote about what I saw as an insurmountable conflict of interest for Judge Ketanji Brown Jackson if she is confirmed to the Supreme Court. One of the most important cases on the Court’s calendar is a racial discrimination case involving Harvard admissions policies. I was surprised, therefore, to read that Harvard Law Professor Noah Feldman and others believe that Jackson has strong arguments against any recusal in the case. I wanted to address those arguments in greater detail.

Continue reading “Why Judge Jackson Needs to Recuse Herself in the Harvard Case: A Response to Noah Feldman et al.” →

Columns, Free Speech, International

Getting the Hook: The Met Cancels Opera Singer for Refusing to Condemn Putin

“It is a great artistic loss for the Met and for opera.” Those words from the Metropolitan Opera Manager Peter Gelb makes it sound like soprano Anna Netrebko has died or lost her voice in some accident. In reality, Netrebko was cancelled for failing to denounce Vladimir Putin. As with the criminalization of support for Putin in some countries, the termination of Netrebko is an attack on free speech. It is perfectly bizarre for the Met to stand against tyranny by attacking free speech, the very right that combats tyranny in all forms. This is not just the day that the music died for Netrebko, it is the day that free speech died at the Met.

Continue reading “Getting the Hook: The Met Cancels Opera Singer for Refusing to Condemn Putin” →

Res ipsa loquitur – The thing itself speaks