There is a major new ruling in Delaware that could impact universities and colleges across the country. A federal judge ruled in favor of allowing students at the University of Delaware to proceed with their claim that the school “unjustly enriched itself” during the COVID-19 pandemic. Judge Stephanos Bibas found the claims (and demand for partial refunds) “plausible.” While not controlling precedent outside of Delaware, the ruling could encourage other such challenges across the country. Continue reading ““Unjust Enrichment”: Federal Court Rules That the University of Delaware Can Be Sued For Refunds Due To Shift To Virtual Classes”
James Madison University has been under fire for a controversial video used for diversity and social justice training of employees. The video details groups of privileged and oppressed persons. While employees were reportedly told not to share the material with others, the material became public before the school suddenly pulled it off of its sites. What stood out for me was the inclusion of the term “heteroromantic” as a privileged group juxtaposed with the countervailing oppressed groups of “homoromantic, Aromantic, bi/panromatic” individuals. I had not previously seen those categories in such materials, so I sought out some definitions. Continue reading ““Heteroromantic” Privilege? James Madison University Pulls Controversial Diversity Training Video”
There is a notable criminal case out of Alabama this week after a judge sentenced former Huntsville police officer William “Ben” Darby to 25 years in prison for shooting and killing a suicidal man who was holding a gun to his own head. Jeffrey Parker never pointed the gun at Darby or his fellow officers before he was shot by Darby.
Continue reading “Former Alabama Police Officer Sentenced to 25 Years For Shooting Suicidal Man”
During the Trump Administration, we regularly discussed Democratic members and writers calling for the impeachment of Trump for everything from criticizing NFL kneelers to obnoxious tweets. Not to be outdone, many Republicans have been demanding the impeachment of Joe Biden for an array of missteps or controversies. Most recently, Rep. Majorie Taylor Greene called for the impeachment of Biden for the disastrous withdrawal from Afghanistan. (This is the second such motion for Greene). It is the same misuse of impeachment as a type of “no confidence vote.” The failure to properly plan and execute the withdrawal from Afghanistan has been an appalling failure by the Biden Administration. However, negligence is not an impeachable offense. Indeed, the lowering of the standard to cover such negligence would create great instability and dysfunction in our constitutional system.
Continue reading “No, The Disaster in Afghanistan is Not an Impeachable Offense”
We recently discussed the rise of a generation of censors as young people embrace the role of government and corporate censorship. The erosion of free speech rights is manifest in a chilling poll from the Pew Research Center that shows a huge jump in favor of censorship among citizens with almost half now supporting the government barring “misinformation.” The shift is almost entirely among Democrats who (like Democratic leaders) now overwhelming favor fewer free speech protections and more government control over speech.
We are now seeing an increasing number of prosecutions for the selling for false vaccine cards as a huge number of reported fake cards flood the country. This week we also saw an arrest for the use of such cards at an airport. NBC Miami reported that Enzo and Daniela Dalmazzo were arrested when they tried to fly to Hawaii. What is notable about the case is why they were spotted. Continue reading “Florida Couple Arrested at Airport for Using Fake Vaccination Cards”
There was a great deal of criticism of President Joe Biden’s press conference from his refusal to take questions on the Afghanistan situation to his calling for the use of Civil Rights laws to oppose any state laws barring mask mandates. One line however received little attention but contained a breathtaking and troubling pledge: “If a governor wants to cut the pay of the hard-working education leader who requires masks in a classroom, the money from the American rescue plan can be used to pay that person’s salary 100%.” With that line, Biden pledged to indemnify people who violate state laws, including orders upheld by the courts. For the states, one can understand if the line between a federal subsidy and a federal accessory is difficult to discern.
According to the Wisconsin State Journal, Madison, Dane County Sheriff Kalvin Barrett has ordered staff to stop calling incarcerated persons “inmates” or “prisoners.” They are now to be called “residents” or “those who are in our care.” Such a change would produce some unintelligible results if applied generally. Nelson Mandela’s famous quote would become “Only free men can negotiate. A [resident] cannot enter into contracts.” Yet, what is most interesting is that the word “inmate” was derived from a term for residents. Continue reading “Residential Living: Wisconsin Sheriff Bars The Use of “Inmate” for Incarcerated Individuals”
In 2016, a post concerning musician Ted Nugent appeared on the blog. Continue reading
There is an interesting case out of the United Kingdom on academic freedom versus anti-discrimination policies. Aysha Khanom was fired as an academic adviser with Leeds Beckett University after making racist comments about black conservative commentator Calvin Robinson. Khanom is making an equally controversial claim in court: her racist language is protected speech as an advocate for critical race theory. It is another distasteful but important case over the protections afforded academics in their communications outside of universities or colleges.
Continue reading “English Professor Claims Right To Use Racial Slurs In the Name of Racial Justice”
In my torts class, we discuss liability for the mishandling of corpses as well as torts like the intentional or negligent infliction of emotional distress related to deceased remains. The latest such example could well be a torts final hypothetical. Wylie Funeral Homes in Baltimore is accused of giving a widow an empty urn and lying about the handling of the remains of her deceased husband. It only gets more bizarre from there. We will be discussing this case in class for years to come.
Today Res Ipsa was targeted for a second time in a cyber attack to prevent access to the site. While access for some was restored by WordPress technical support, I could not post or even gain access to the site for much of the day. WordPress confirmed that this was an intentional attack to freeze the site and my ability to post. We do not know when a third attack will occur. Continue reading “Res Ipsa Blog Hit By Targeted Cyber Attack”
Below is my column in The Hill on recent reports of grand jury testimony in the Durham investigation. The implications of the grand jury — and the eventual report — have rattled folks in the Beltway this week . . . for good reason.
Here is the column: Continue reading “Beware the Eephus: Washington on Edge As Durham Prepares Possible Indictments and Report”
Last week, a federal court did something that would seem not just counterintuitive but impossible under our legal system: it upheld an agency order despite the clear lack of authority to issue it. The order – to renew a moratorium on evictions – is a constitutional zombie that is neither alive nor dead. Yet it still walks the land. Continue reading “Unconstitutional But Legal? Court Agrees CDC Does Not Have The Authority For Moratorium Before Upholding Moratorium”
Judge Matthew Kacsmaryk of the United States District Court for the Northern District of Texas delivered a blow to the Biden Administration on Friday by ordering the reinstatement of the Trump-era Migrant Protection Protocols (MPP) program, also known as the “Remain-in-Mexico” policy. This is only the latest of a string of losses by the Biden Administration in its first six months in court. Continue reading “Federal Judge Reverses Biden Order To Terminate Trump’s Remain-in-Mexico Policy”