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Hey all. I’ve started to update podcasts for this class, and I have two ready to post. The scripts are on TWEN under the slides and helpful extras link in their own folder. And here is the audio:

Introductory podcast

Justiciability

The role of alcohol on campus

Quite a few of the cases or problems in my criminal law class involve rape or sexual assault. The casebook I use has a different approach to teaching criminal law that doesn’t separate out these kinds of crimes from other kinds of crimes. There are disadvantages to this, largely because the law surrounding sexual violence has been the subject of sweeping reform that is connected to issues of race and sex equality in complicated ways. And society’s beliefs about what constitutes blameworthy sexual conduct are both in flux and not always connected with what the law says is blameworthy. Not treating sexual violence separately means that we often don’t have time to discuss the reforms and the continuing difficulty we have in defining crimes in this area. There are advantages, though, too. The cases and problems we have are accurate reflections of what the law right now is, and not separating sexual violence out as something different from other kinds of crimes can help us take it more seriously and to develop attitudes that treat victims and defendants the same way we would treat them for other kinds of crimes. This helps to get outside the “bad, old” ways of thinking to more effectively avoid engaging in the same harms that the reforms were targeted to solve.

In connection with that, I read an article today that was so thoughtful about some of the problems that we have in figuring out what sexual conduct ought to be criminal and why that I had to share it. Sarah Hepola in “The Alcohol Blackout,” published October 29 in Texas Monthly explores the role of excessive alcohol in helping to create the situations in which injuries because of sexual conduct occur. There are places that I might make different normative judgments than she does, but her treatment of room for disagreement in particular is especially important. I encourage you to read it.

The Supreme Court issued a per curiam opinion yesterday in an excessive force case, Mullenix v. Luna, essentially holding that unless “existing precedent placed the conclusion that [the officer] acted unreasonably in these circumstances ‘beyond debate,'” the officer would be immune from a suit for damages. The debate between the concurrence and single dissent is interesting, especially since Justice Sotomayor is the dissenter. As a former prosecutor, she tends to be pretty sympathetic to security issues.

Bernie Goetz in his own words

Goetz on Turning Point with Frank MacKay

The Benefits of Paternity Leave

Given our discussion in my seminar on Tuesday about parental leave, gender, and feminism, this timely article in the Atlantic seemed worth sharing:

Liza Mundy, Daddy Track: The Case for Paternity Leave 

Writing Contest–Workplace Law

Current students: Do you have a paper on a workplace law topic that you wrote for a seminar, directed research or for one of our law journals that is not submitted for publication? Think about submitting it to the Louis Jackson Memorial National Student Writing Competition. For more information, come see me, or check out the website: http://www.kentlaw.iit.edu/institutes-centers/institute-for-law-and-the-workplace/louis-jackson-writing-competition.

This is one of my favorite topics in employment law. We should have talked about it in employment discrimination, too.

MarketplaceAPM: Should employers be allowed to avoid hiring smokers? 29 states currently have “smoker protection” laws http://t.co/TNN22nfNEM #freakonomics

Original Tweet: http://twitter.com/MarketplaceAPM/status/324702914096537600

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Interesting data for my gender seminar

thenation: Black girls are more likely to be suspended from middle or high school than black boys or white girls. http://t.co/kG72Q0JULD

Original Tweet: http://twitter.com/thenation/status/324700194430148608

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Evidence of market failure?

metkelaw: Women Lead Few Financial Firms, Despite Getting Better Results http://t.co/XrhcsLNg

Original Tweet: http://twitter.com/metkelaw/status/289486840380157952

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RT @SCOTUSOpinions: “Prevailin…

RT @SCOTUSOpinions: “Prevailing party” for awarding attorney fees in 1983 action includes party receiving injunction, but no money. http …

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