9th Cir. revives a Title IX suit from a male grad student dismissed from UCLA after an accusation of misconduct from a female student. Finds allegations sufficient to state a claim. cdn.ca9.uscourts.gov/datastore/opin… Image
Court finds plausible inference of Title IX sex discrimination where student alleged (1) external pressures, including the Obama admin's infamous "Dear Colleague" letter; (2) pattern and practice of discrimination against previous male students, shown by state litigation; and
(3) specific statements from univ. staff to this student, including the claim that female accusers do not fabricate allegations in Title IX cases, which seems, uh, yeah, problematic.
"Believe all women" works as a political slogan, but when your Title IX coordinator is telling the accused that "no female has ever fabricated allegations against an ex-boyfriend in a Title IX setting," you're gonna have a bad time in court.
*assuming the facts in the complaint are true, which the court has to at this stage.

They can hash that out later.

• • •

Missing some Tweet in this thread? You can try to force a refresh
 

Keep Current with Gabriel Malor

Gabriel Malor Profile picture

Stay in touch and get notified when new unrolls are available from this author!

Read all threads

This Thread may be Removed Anytime!

PDF

Twitter may remove this content at anytime! Save it as PDF for later use!

Try unrolling a thread yourself!

how to unroll video
  1. Follow @ThreadReaderApp to mention us!

  2. From a Twitter thread mention us with a keyword "unroll"
@threadreaderapp unroll

Practice here first or read more on our help page!

More from @gabrielmalor

13 Jan
SCOTUS will block the OSHA test-or-vaccine mandate.

Per curiam opinion.
Justices Gorsuch, Thomas, and Alito concurring.
Justices Breyer, Sotomayor, and Kagan in dissent. supremecourt.gov/opinions/21pdf…
SCOTUS will *not* block the CMS mandate. That can go into effect.

Per curiam opinion.
Justices Thomas, Gorsuch, Alito, Barrett in dissent. supremecourt.gov/opinions/21pdf…
Let's dig in. Here's the nut of the NFIB/OSHA test-or-vaccine maj. op.

"Although COVID– 19 is a risk that occurs in many workplaces, it is not an *occupational* hazard in most." Image
Read 6 tweets
8 Jan
TOO MANY SECRETS Image
There's so much great stuff in this film that I noticed for the first time.

In the middle there's a long action and dialogue take with Poitier leading and the rest of the cast having to hit their marks that must have taken hours to get right.
There's also a part I hadn't noticed before where the camera casually pans by while Poitier is delivering exposition while the blind dude is chopping vegetables in the foreground. So good.
Read 5 tweets
7 Jan
Attorney arguing against the OSHA mandate points out the 100-employee line-drawing was based on expedience rather than evidence that COVID-spread is worse in businesses with more than 100 employees.
Justice Barrett getting some concessions here from counsel opposing the OSHA mandate, who seems to agree that there are some businesses where a mandate might be appropriate. She mentioned meatpacking plants and the dentist.
The next attorney opposing the OSHA mandate is up now. He's arguing remotely bc of a covid diagnosis. (His symptoms have abated.)
Read 32 tweets
17 Dec 21
Fed. judge rules New York photographer must photograph same-sex weddings if she wants to provide wedding photography services.

Agrees with the 10th Cir.'s troubling "unique market" narrow tailoring analysis. ag.ny.gov/sites/default/… Image
My criticisms of the 10th Cir. reasoning on "unique market" public accommodation law overriding the First Amendment are in a thread here:
Also, toss that one in the "sure wish SCOTUS hadn't punted in Masterpiece Cakeshop" pile.
Read 9 tweets
17 Dec 21
Flipping through the state court's denial of Fox News' attempt to have the Dominion defamation lawsuit dismissed.

Three notes.

(1) Judge is skeptical there even is a neutral reportage privilege (he's right to be), but concludes that even if it exists, FNC wasn't neutral. Image
(2) The fair reportage privilege wouldn't apply to FNC statements that occurred before there were lawsuits to report on.

(IOW, to come within the privilege, you have to be covering actual proceedings, not Powell's on-camera fundraising.) Image
(3) Judge thinks these are statements of fact (and therefore actionable), but ultimately punts that to a later stage of proceedings.

There's also a section in here where he suggests some of the statements are mixed statements of fact and opinion, which would also be actionable. Image
Read 7 tweets
16 Dec 21
5th Cir. revives excessive force and bystander liability suit from family of a man having a mental health crisis who died after officers restrained him with a five-man takedown during which he fell unconscious and then asphyxiated.

No QI. ca5.uscourts.gov/opinions/pub/2…
I like this approach a lot. They start with the first prong for evaluating QI, making clear that, if the facts are as alleged, a Fourth Amendment violation occurred before moving on to the whether that was clearly established law at the time.
This is the meat of the discussion of whether it was clearly established in 2016 that officers engage in objectively unreasonable use of force by continuing to kneel on the back of an individual who has been subdued.
Read 5 tweets

Did Thread Reader help you today?

Support us! We are indie developers!


This site is made by just two indie developers on a laptop doing marketing, support and development! Read more about the story.

Become a Premium Member ($3/month or $30/year) and get exclusive features!

Become Premium

Too expensive? Make a small donation by buying us coffee ($5) or help with server cost ($10)

Donate via Paypal

Or Donate anonymously using crypto!

Ethereum

0xfe58350B80634f60Fa6Dc149a72b4DFbc17D341E copy

Bitcoin

3ATGMxNzCUFzxpMCHL5sWSt4DVtS8UqXpi copy

Thank you for your support!

Follow Us on Twitter!

:(