You’re probably not wrong about that.

I’m certainly in support of getting the facts, but the institutions that are supposed to get and disseminate the facts (or, if they can’t get the facts, are supposed to drop the story) are the ones that should be held accountable. Granted, Eramo is suing Rolling Stone, not Jackie (who may not have assets worth…

Yeah, I understand why the lawyers are taking that position, it is just too bad that so much of the focus in the media narrative has to be on the “Jackie is a liar” aspect of the story.

Eramo doesn’t even really need to show that the rape itself never happened, she just needs to show that the statements about her response to a supposed rape complaint were false and defamatory (and that the statements were made with the requisite negligence, recklessness, or knowledge of falsity, which changes…

This is much better than the last famous carpenter’s birth control method, abstinence. Still, I wonder if the switch should be placed farther from the main action, given the repercussions of an inadvertent reversal.

“I like my women like I like my ice cream; literally frozen.”

And considering that Congress basically exists to pleasure wealthy corporations in exchange for money, shouldn’t we cut Congressional salaries completely on this logic?

As long as someone is readily identifiable based on a defamatory statement, a lawsuit can still go forward, whether or not a name is used. Even members of groups can sue for libel if a statement mentions members of the group without specificity, and the group is small enough that people who hear/read the statement…

Well, you’re certainly right that constitutional due process does not apply to internet shaming by private actors. But, my take on what he was saying was more that people should seriously consider the permanent and irreparable harm mass shaming in the social media age can do, given the fact that due process and other…

There are generally (it varies by state) two types of spousal privilege. The first, spousal testimonial privilege, allows a potential witness to refuse to testify against her or his spouse, as long as they are married at the time testimony is sought. Usually, that privilege is held by the witness spouse, and not by…

Arguably you’re right, but the point is that under the evidence code proof of prior bad acts is not admissible to prove propensity to commit the crime currently charged. The rationale is that the state should be put to its “beyond a reasonable doubt” burden of proof based on the facts of the conduct charged, and…

Well, Cosby previously admitted consensual sexual activity with his accuser, so the issue will come down to whether the state can prove lack of consent. Credibility determinations are up to the jury, so a lot will depend on whether the jury finds Cosby or Andrea more credible (and it will be hard to find jurors who…

“So you suggest that legally, it would have perfectly ok if she had just dropped into a vegetative state or why do you obstinate about preventing death?”

“Which is an irrelevant argument, since the problem was that they took NO responses whatsoever.”

I’m not really interested in debating Sandra’s responsibility, so I’ll defer on that question to your presumed expertise.

I largely agree with what you said. I would add, though, that even if the officers failed to follow protocol, unless their failure was so severe and obvious as to rise to the level of criminal (as opposed to civil) negligence, actual criminal charges are not warranted. Civil liability, yes, discipline and possibly…

Leaving the trash bag aside, the two situations are very different. The problem with analogies is that, very often, we give their imagined similarities too much weight and ignore the many differences that separate them from the issue in question. In your scenario, with the peanut butter, it is a substantial certainty…

Again, I’m not saying the officers were not (civilly) negligent, just that they probably were not criminally negligent, a much higher standard. You’ve provided two hypothetical examples. In one, someone randomly chokes on food while no one is there to prevent it. In that case, no would would even be civilly liable,…

I agree that there was probably negligence, I’m just not sure it rises to the level of criminal negligence. Since Sandra had been arrested (whether the original arrest was justifiable or not) it was the officers’ job to put her in a cell, so the fact that they “put her in a situation likely to trigger a bout of…

I have to say I’m not convinced that the state would have had a good case here. While everyone seems to be focusing on the fact that Sandra died in police custody, the prosecution would also have to prove beyond a reasonable doubt that, at a minimum, specific police conduct leading to the death amounted to criminal…