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”
After the recent admissions scandal at top California schools (including Stanford), the gifts of Rep. Ted Lieu (D., Cal.) would immediately raise concerns over the same type of academic pay-to-play pattern. However, the $51,046 to his alma mater, Stanford University, was not his own money but his campaign funds. It is like the Lori Loughlin but using someone else’s money. According to reports, the money was transferred just before his son was admitted to the highly competitive university. What is most shocking is that taking money for a campaign and then giving it to a school is not itself illegal. However, Lieu could still face some serious questions even under a law designed by Congress to allow what most donors would view as a bait-and-switch. Continue reading “Lieu’s Largess: Democratic Assistant Whip Accused of Giving Campaign Funds to Stanford Before the Admission of his Son”
We previously discussed the hypocrisy of the D.C. government and the media after D.C. Mayor Muriel Bowser admitted in court that it was the Metropolitan Police Department who used tear gas and stun grenades near the Lafayette Park in 2020. D.C. counsel also insisted that such use was entirely appropriate and sought to dismiss the lawsuit by the Black Lives Matter movement. The media effectively buried the story despite flogging a false narrative against former Attorney General Bill Barr for over a year in non-stop coverage. Barr was even denounced by members of my own faculty. Now, reporters are suing the city for attacking the media. Yet, there is no outcry in the media or from the left against Bowser and her government. Continue reading “D.C. Sued Over Use Of Stun Grenades and Chemicals Against Reporters in Racial Justice Protests”
In the last week, Apple unveiled “NeuralHash,” a tool that will hasten our move toward a dystopian post-privacy world. The company informed the world this week that it would be adding the NeuralHash to its network of over a billion iPhones, storage platforms, and other resources. The NeuralHash will allow it to scan images before they are uploaded to iCloud for child pornography. The user will then be disabled and reported to the National Center for Missing and Exploited Children. Continue reading “The Shadow State: NeuralHash and Apple’s Post-Privacy World”
As schools abandon penmanship across the country, Alan Slattery, 67, may be the ultimate example of the costs of bad penmanship. In this case, a sentence of four years in the pen. Slattery sought to rob a bank but his handwriting was so bad that the teller could not make it out. Eventually either his writing or a teller’s reading improved because (after failing a second time), he succeeded in making off with $3,300 before being arrested, according to the Sussex Police. Continue reading “Putting The Pen Back Into Penmanship: Unreadable Note Leads To Failed Bank Robbery”
Chanelle Wilson is an assistant professor of education and director of Africana Studies at the affluent all-women’s Bryn Mawr College. She is the author of a new book on teaching critical race theory and anti-race practices at universities. On a recent podcast, Wilson offered a glimpse into those teachings which include the “fact” that America is a failed experiment that has done nothing for any group other than white people. Continue reading “Bryn Mawr College Professor Declares America a “Failed Experiment” Created Just “For White People””
University of California-Berkeley Dean Erwin Chemerinsky and Professor Aaron S. Edlin have purportedly solved the problem faced by Gov. Gavin Newsom. Despite overwhelming support in the media and massive fundraising on his behalf, Newsom is facing worsening polls in his fight against his recall and could lose in the election. In their guest essay for the New York Times Chemerinsky and Edlin declare any such successful recall would be unconstitutional as a denial of the principle of “one person, one vote.” The reason, however, would seem to suggest a wide array of elections as unconstitutional in the process. Continue reading “Law Professors Claim The Recall Of Newsom Would Be Unconstitutional”