First month of law school: your legal rights are only what happens in practice. This is why the judicial system is so incredibly important, and why our rights must be continually defended in practice.

Look, ‘due process’ is a protection from the government and government by proxy. This has been borne out in a ton of SCOTUS precedents and is very well settled by now. Given that the purpose of the DNC and delegates is to select the chief executive of the of the federal government, it is wrong to say the DNC is a…

This really isn’t true in practice. Cops simply won’t arrest/charge without a reasonable amount of corroboration - witnesses, physical evidence, etc. Cops almost always avoid he said/she said situations.

“DNC is a private organization and he has no legal entitlement to being a delegate” —> both of these things aren’t completely true. The DNC is quasi-private/public which seriously complicates unilateral expulsion. Consider the idea that you are effectively disenfranchising a block of voters and potentially swaying the…

Its tragic a woman died. But let me warn you: NEVER go to a “Citizens Police Academy” - its always ends poorly.

Thank you - I think your points are very valid too. Its rare, but people do have civilized conversations around here occasionally.

As a side note too: I think you are offering an excellent ‘lower court’ argument and rationale in that it is technically very well though out and defined. However, as we all know, SCOTUS loves to (reasonably frequently) go off the backboard and preserve its status as the highest court in the land by weighing the…

Is funny how we can largely agree but largely disagree. Commenters on Jezebel look at this case as ‘this poor person is being denied a basic civil right.” Maybe the years of practice have jaded me, but I look at this like “who will abuse this, and how will they abuse this?”

Your argument is strong, but be fair: #2 is a much stronger legal argument, both from a textbook and applied perspective, and both matter in this case. I really can’t imagine SCOTUS wanting to legally define the concept of gender identity (either directly or indirectly) which would necessarily be required for #1 to be…

The commetariate here doesn’t really want to look into this issue, but disparate impact will be one of the things that takes down Title IX courts/hearings (whatever you want to call them). SCOTUS has already ruled that a plaintiff does not have to prove there was a direct intent to show a bias; all a plaintiff has to…

You’re accidentally proving my point. Thanks for that.

The exact problem with neo-progressivism is not the issues, its precisely the fact that everyone defines themselves by their own purity tests - you either agree with me 100% on every issue I care about OR your silence is violence. In the last four years, its like the left wing has adopted the same semi-religious…

This is such, such good kinja. 1) Poor grammar/punctuation, as if the poster were overwhelmed by the need to get his message out (I don’t have time for grammar when racism is on the line!!); 2) utterly devoid of intellectualism and essentially comprised of adolescent shut down speech; 3) directly to race baiting while…

She was unequivocally wrong to comment on Trump. It violates the rules of her position (CoC for US Judges), and just because you don’t like Trump, it excuses nothing. The fact that she has never commented on any election ever prior to this demonstrates she knew she was wrong. Irrespective of your individual views of…

That BJS article is 20 years old and defines rape as only forceful penetration (I may be slightly wrong on that, but it is an extremely narrow definition of rape).

Disparate impact is about outcome implying a hidden bias in the process. “Gender-neutral language” is irrelevant.

And by the way, great convo - its incredibly rare to see reasonable discourse in the comments section here. Thanks for that.

I wish you luck, I really do. You are going to earn your paycheck over the next several years. Then go into consulting and make it worth your while.

I apologize for being lazy, but I’m writing on my ipad waiting on a delayed airplane so I don’t have good access to my law/case databases. I’m speaking to the current interpretation/environment regarding the body of case law as I have seen applied most recently. That’s what I meant by “E v. CMSC (and a few other…

I’m going to directly quote myself from above (I know its tacky). Schools have a legal process requirement - both private and public schools. I’m not just shooting from the hip - I’m actually involved in this type of law: