Academia, Free Speech, Politics

AAUP Journal Solicits Papers on Conservative Intolerance on Campuses

The number of republican, conservative and libertarian faculty members have plummeted at most schools in the last twenty years. Many top law schools have only a couple conservative faculty members and we have discussed the startling increase in attacks on faculty, trustees, and students (including student publications, editors and columnists) over dissenting views on subjects ranging from critical race theory to police abuse. Nevertheless, the American Association of University Professors’ Journal of Academic Freedom is calling for papers on intolerance on campuses but only by conservatives. The call seems to be an effort to come up with a narrative to deflect from the complaints over the rising orthodoxy and intolerance on our campuses.

Continue reading “AAUP Journal Solicits Papers on Conservative Intolerance on Campuses” →

Columns, Constitutional Law, Courts, Politics

Roe Roulette: Biden Administration Takes a Gamble with Emergency Appeal of Texas Abortion Law

Below is my column in the Hill on today’s argument in Whole Woman’s Health v. Jackson and United States v. Texas on the request for an emergency injunction in Texas to block the state’s controversial abortion law. The merits of the law are not at issue in the questions presented today but the decision to push for an injunction comes with some risks for the Biden Administration. [Update: Justice Brett Kavanaugh suggested in oral argument that he might be open to changing existing precedent to allow for injunctions of court clerks to block the Texas law].

Here is the column: Continue reading “Roe Roulette: Biden Administration Takes a Gamble with Emergency Appeal of Texas Abortion Law” →

Criminal law

Two Pennsylvania Men Sentenced in Federal Court Over Torching Police Cars

Da’Jon Lengyel, 24, pictured left, and Christopher West, 36, were both sentenced to federal prison on Friday after their convictions of conspiracy and obstruction of law enforcement during civil disorder.Two Pennsylvania men have been sentenced for torching a police car and attempting to burn another vehicle during last year’s protests over the murder of George Floyd. That is hardly surprising given videos showing the men involved in the arson. However, the case raises a long-standing concern over the use of federal rather than state charges in such protest cases. Continue reading “Two Pennsylvania Men Sentenced in Federal Court Over Torching Police Cars” →

Bizarre, Criminal law, Society, Torts

Spooky Torts: The 2021 List of Litigation Horrors

Here is my annual list of Halloween torts and crimes. Halloween of course remains a holiday seemingly designed for personal injury lawyers around the world and this year’s additions show why. Halloween has everything for a torts-filled holiday: battery, trespass, defamation, nuisance, product liability and more. This year, we have the usual fun frights caught on camera, nuisance complaints from “triggered” neighbors, and the occasional misdirected murder investigation. However, there are still some notable additions that raise more legal frights.

So, with no further ado, here is this year’s updated list of actual cases related to Halloween. Continue reading “Spooky Torts: The 2021 List of Litigation Horrors” →

Academia, Constitutional Law

University of Florida Bars Professors From Testifying Against New State Voting Rules

There is a troubling report in The New York Times of another free speech fight on one of our campuses. Three University of Florida political science professors have told a federal court that the university barred them from assisting plaintiffs in a challenge to the state’s new voting laws. As state employees, they were told that litigating against a state law would be “adverse to U.F.’s interests.” That is a departure from long-standing practices at state universities. It constitutes an obvious attack on the free speech and associational rights of these faculty members as well as academic freedom. The plaintiffs in the challenge wanted to retain Daniel Smith (the chair of the university’s political science department), Michael McDonald, and Sharon Wright Austin. Continue reading “University of Florida Bars Professors From Testifying Against New State Voting Rules” →

Torts

Multitasking or Malpractice? Maryland Surgeon and State Delegate Reprimanded After Participating in Hearings During Surgeries

This week, we discussed the case of a surgeon who left an operating room to eat a meal and then fell asleep in his car — missing the operation. Now, there is a new case involving a Democratic representative and surgeon from Maryland who participated in legislative meetings while operating. The multitasking of Dr. Terri Hill, a state delegate and board-certified plastic surgeon, led to a relatively light sanction: a reprimand and a $15,000 fine by the state physician’s board. Continue reading “Multitasking or Malpractice? Maryland Surgeon and State Delegate Reprimanded After Participating in Hearings During Surgeries” →

Academia, Free Speech

Speaking Event for Historian Jon Meacham Cancelled at Samford University

Samford University has cancelled a speaking engagement for historian Jon Meacham, according to Baptist News Global. I have been critical of Meacham’s rhetoric as well as his course materials at Vanderbilt. However, the cancellation of his speech due to his support for pro-choice groups is another example of the rising intolerance on our campuses for opposing viewpoints.  If Meacham’s views are opposed by many on the campus, it is more of a reason to invite him to allow for a diversity of views and values at the university. Continue reading “Speaking Event for Historian Jon Meacham Cancelled at Samford University” →

Media, Politics

“Can We Try To Kill This?” The McAuliffe Campaign Responds to Turley Column With Bizarre Question
(MSNBC/via YouTube)

 Yesterday I wrote about reports that Virginia Democratic gubernatorial candidate Terry McAuliffe’s campaign retained the services of former Clinton counsel Marc Elias. The hiring was astonishing not only because of Elias’ controversial record but a still ongoing special counsel investigation touching on his role in the last election. Elias has challenged past elections and I raised the question of whether he might be part of post-election challenges. When Fox News asked the McAuliffe campaign, the response was . . . well . . . a killer. Continue reading ““Can We Try To Kill This?” The McAuliffe Campaign Responds to Turley Column With Bizarre Question” →

Columns, Congress, Constitutional Law

Warning: Joe Biden’s ‘Eat the Rich’ Pitch May Come Back to Bite You

Below is my column in the Hill on the renewed effort to pass a wealth tax by the Biden Administration. The effort to tax “unrealized capital gains” has been growing for months as an alternative to Elizabeth Warren’s wealth tax. However, it raises similar constitutional questions. What was most notable is that the new tax was simply put into the Senate bill with the support of the Biden Administration without a single hearing or debate. That led to objections from figures like the Chair of the House Ways and Means Committee Rep. Richard Neal who noted that it was not vetted or studied. It is not part of the House bill. However, many are still pushing the concept despite the significant questions over its constitutionality.

Here is the column:

Continue reading “Warning: Joe Biden’s ‘Eat the Rich’ Pitch May Come Back to Bite You” →

Bizarre, Criminal law

Florida Woman Allegedly Fights To Drive Drunk . . Ends Up Charged With Battery Instead

The person in this strikingly cheerful mugshot is Melody Jean Smalley, 24. Smalley allegedly fought with her sister who was trying to prevent her from driving drunk. She ended up allegedly biting her sister and being charged with battery and domestic violence. Continue reading “Florida Woman Allegedly Fights To Drive Drunk . . Ends Up Charged With Battery Instead” →

Politics

Terry McAuliffe Hires Controversial Ex-Clinton Lawyer Marc Elias
(MSNBC/via YouTube)

As a long-standing associate of the Clintons, Virginia Democratic gubernatorial candidate Terry McAuliffe has long ties with the Democratic establishment. That history was placed into sharp relief this week when he made a hefty down payment on the services of former Clinton counsel Marc Elias.  Elias is a critical figure in the ongoing Durham investigation and has been accused of lying to the media to hide the role of the Clinton campaign in funding the Steele dossier. His former law partner Michael Sussmann at Perkins Coie was recently indicted by Durham.  Elias has also led efforts to challenge Democratic losses, even as he denounces Republicans for such election challenges.  Elias has been sanctioned in past litigation.

Continue reading “Terry McAuliffe Hires Controversial Ex-Clinton Lawyer Marc Elias” →

Torts

Boston Doctor Fined After Leaving Patient in Operating Room and Falling Asleep in His Car

There is a new controversy out of Boston that raises novel legal questions over malpractice. Dr. Tony Tannoury, 54, left an operating room with a patient prepped for ankle surgery at Boston Medical Center to eat in his car. He fell asleep and woke up that evening, long after the operation was completed by a resident. He has been reprimanded by state regulators and fined $5,000. However, some have complained that this is merely a “slap on the wrist” and more serious punishment should have been meted out. It raises an interesting question under torts. Continue reading “Boston Doctor Fined After Leaving Patient in Operating Room and Falling Asleep in His Car” →

Academia, Constitutional Law, Free Speech

Christopher Newport Professor Under Fire Over Her Criticism of Superman’s New Identity as a Bisexual

Continue reading “Christopher Newport Professor Under Fire Over Her Criticism of Superman’s New Identity as a Bisexual” →

Academia, Constitutional Law, Free Speech

Texas History Professor Fired For Criticizing Mike Pence Files First Amendment Challenge

There is a new free speech case out of Texas where a former history professor, Lora Burnett, is suing Collin College over her termination. Burnett alleges that the college fired her after she lashed out at former Vice President Mike Pence and tweeted that a moderator in his debate with now Vice President Kamala Harris should shut his “little demon mouth up.” While I disagree with Burnett’s rhetoric and tenor, the lawsuit has the makings of an important free speech challenge.

Continue reading “Texas History Professor Fired For Criticizing Mike Pence Files First Amendment Challenge” →

Res ipsa loquitur – The thing itself speaks