May 14, 2013 4:22:57 PM by
Want to openly discuss gender discrepancies in the workplace? Want to listen to uncensored rap music? How about put on a comedy show? Not on our campuses! And what if you or a friend or family member has to pursue a defense to an unmeritorious charge of sexual harassment? Forget it!
On May 9th, the Department of Justice and the Department of Education jointly issued a letter to the University of Montana, which the government called “a blueprint for colleges and universities throughout the country,” and which mandates changes to campus sexual harassment policies that will effectively make each of the above actions punishable offenses and will turn hearings into even worse kangaroo courts than exist today. This is a very serious development that everyone who thinks our universities play an important function in society will want to know about.
In my latest column for Minding the Campus, co-authored with my research assistant Juliana DeVries, we argue that the federal government’s unconstitutional mandate will obliterate free speech and fair process on campuses and make every student guilty of “harassment” several times a day. You can read the column on the Minding the Campus website.
An excerpt after the jump...
May 14, 2013 10:00:27 AM by
Americans conceive of our struggle against terrorism as an us-versus-them battle between our civilization and those who would seek to destroy it. But the recent controversy over the burial of Tamerlan Tsarnaev shows that our civilization can also fall victim to our own sometimes brutish impulses.
My latest column for Forbes.com, co-authored with my research assistant Zachary Bloom, addresses the ethical obligations that we as a civilized society must remember to obey in the wake of terrorist attacks. You can find it on my “Injustice Department” blog.
May 13, 2013 5:32:40 PM by
Civil libertarians are used to sounding the alarm about pervasive government surveillance in the era of cellphones, drones and the Internet. But, as alleged Marathon bomber Dzhokhar Tsarnaev’s classmate Robel Phillipos is now discovering, an equal threat to liberty is the FBI policy forbidding recording of interviews.
My latest column, which ran in this Saturday’s (May 11th) Boston Globe, explains the danger faced by witnesses and defendants who talk to the FBI. You can find it on the Globe’s website.
May 03, 2013 1:04:54 PM by
Former Probation Department Commissioner John O’Brien was recently federally indicted for bribery and racketeering, after a series of Boston Globe stories and an official investigation showed that the probation department under O’Brien was giving preferential treatment to job candidates recommended by legislators and some judges in exchange for favorable treatment by the legislature in budgetary decisions. In my most recent column for Massachusetts Lawyers Weekly, coauthored with my friend and former law partner, Judge Nancy Gertner, we argue that, though the Probation Department’s hiring practices were not crimes under the present federal criminal code. It would be hard to find a government official who would not be subject to prosecution under such a large and nebulous definition of “corruption” and “fraudulent pretenses” as the U.S. Attorney describes in the O’Brien indictment.
The column after the jump...
April 22, 2013 12:35:06 PM by
Public confidence in the justice system suffered a major blow when the late-1990s trial of Stephen Flemmi revealed the federal government’s cozy relationship with Whitey Bulger and the Winter Hill gang. Federal Judge Denise Casper, the new judge recently assigned to Bulger’s trial, now has a golden opportunity to help restore that confidence. Casper’s upcoming first major ruling will be pivotal. She has to decide whether to reconsider a decision by her predecessor, Judge Richard Stearns, that Bulger and his lawyers will not be allowed to present Bulger’s asserted immunity defense to the jury unless they first convince the judge that the federal government actually granted Bulger effective immunity. In my most recent column for Mass Lawyers Weekly, I argue that Casper must take a second at this ruling.
The column after the jump...