U.S. News & World Report has announced that the 2023-2024 Best Graduate Programs rankings will be released on April 18, after dozens of law schools have withdrawn from participating over the past several months.
A federal judge in Maryland has denied a defendant connected to Raging Bull’s motion to dismiss claims filed by the Federal Trade Commission that alleged he helped the subscription-based investment training company defraud consumers over $137 million.
The individual defendant, Kyle Dennis, a “salesman and trading instructor” with Raging Bull, filed a motion to dismiss the FTC’s complaint against him. The FTC alleged that Dennis violated two counts of Section 5(a) of the FTC Act by “‘represent[ing], directly or indirectly, expressly or by implication, that consumers who purchase Raging Bull’s services will earn or are likely to earn substantial income,’” according to the court’s opinion filed March 15 in U.S. District Court for the District of Maryland.
And Bragg would have an even more unpalatable prospect in putting two key witnesses on the stand embodying a case that borders on the legally indecent: a former porn star and a disbarred lawyer.
The star witness is one of the most repellent figures in New York. It is only the latest reinvention of Michael Cohen – this time from legal heavy to redemptive sinner. Cohen spent much of his time when he worked for Trump threatening critics, journalists and even students.
In 2015, students writing for The Harvard Lampoon played a harmless prank on Trump by having him sit in the stolen “president’s chair” from the Harvard Crimson for a photo. In response, Cohen used his signature bludgeoning style against the students. He was quoted by a student on the Lampoon staff as saying: “I’m gonna come up to Harvard. You’re all gonna get expelled. If this photo gets out, you’ll be outta that school faster than you know it. I can be up there tomorrow.”
On another occasion, when a journalist pursued a story he did not like, Cohen told the reporter that he should “tread very f—ing lightly because what I’m going to do to you is going to be f—ing disgusting. Do you understand me?”
After he was arrested and Trump refused to pardon him, Cohen proved that when you scratch a lawyer, you can find a foe.
Cohen may be joined on the stand by Stormy Daniels, who agreed to a $130,000 payment to hush up an alleged affair with then businessman Trump. Bragg would have to show that Trump made the payment only with the election in mind, which would have made the money an undeclared campaign donation to himself. But there are a host of other reasons why a married celebrity would want to hush up a one-night stand with a porn star.
In John Edwards’ prosecution in 2012, the Justice Department used the same theory to charge the former Democratic presidential candidate after a disclosure that he not only had an affair with filmmaker Rielle Hunter but also sired a child with her. Edwards denied the affair, and it was later revealed that Fred Baron, Edwards’ campaign finance chairman, gave money to Hunter. Andrew Young, an Edwards campaign aide, also obtained funds from heiress Rachel “Bunny” Mellon to pay to Hunter.
The Justice Department spent a king’s ransom on the case to show that the third-party payments were a circumvention of campaign finance laws, because the payments were designed to bury an election scandal. Edwards was ultimately found not guilty on one count while the jury deadlocked on the other five.
The jury clearly believed there were ample reasons to hush up the affair beyond the election itself.
Despite legal flaws in the case, Bragg is counting on favorable judges and jurors in New York City. Win or lose, he would reap a huge political reward in being the first to charge Trump.
Ironically, Trump also could come out ahead politically. Of all the possible charges he could face, this is the one he would likely invite. Bragg would give Trump strong evidence that Democrats have politically weaponized the criminal justice system against him.
However, it’s Cohen who might profit the most. He already has tried to cash in on the burgeoning market of liberals obsessed with Trump, even hawking a T-shirt with the image of a jailed Trump as a way to “celebrate the fall of the Mango Mussolini.”
Cohen’s cross examination will be the most target rich environment since the Battle of Thermopylae. Of course, prosecutors often put dubious figures on the stand, but Cohen is someone who has shredded legal ethics and the criminal code in pursuit of his own interests.
Cohen’s primary talent has been an impressive moral and ethical flexibility. He gladly did the dirty work for Trump until it became more beneficial to turn against him.
One could say that Trump and Cohen deserve each other, but the legal system does not deserve what may soon unfold in a New York courtroom.
Jonathan Turley, a member of USA TODAY’s Board of Contributors, is the Shapiro Professor of Public Interest Law at George Washington University. Follow him on Twitter @JonathanTurley
We have been discussing a comprehensive effort by the Biden Administration to blacklist or censor citizens accused of “disinformation” or “misinformation.” This effort includes dozens of FBI agents and other agency employees who worked with social media companies to bar or suspend accounts. It also included grants to academic and third party organizations to create blacklists or pressure advertisers to withdrew support for conservative sites. Now, another such grant through the National Science Foundation has been disclosed by the National Science Foundation, which gave millions to professors to develop a misinformation fact-checking tool called “Course Correct.” The tool will help fight “skepticism” and reinforce “trust” in what the government and the programmers define as true or reliable viewpoints.
National Science Foundation reportedly awarded grants in 2021 and 2022 for more than $5.7 million for the development of Course Correct to allow media and government officials to target misinformation on topics such as U.S. elections and COVID-19 vaccine hesitancy. In addition, a Coronavirus Aid, Relief and Economic Security Act-funded NSF grant supported the application of Course Correct to mental health issues.
The system would use machine learning and other means to identify social media posts pertaining to electoral skepticism and vaccine hesitancy, including flagging at-risk online communities for intervention. Sound familiar?
This is very similar to the effort on the other grants through offices like State Department’s Global Engagement Center and the National Endowment for Democracy.
Democrats have opposed efforts to investigate the full scope of censorship and blacklisting efforts by the federal government. However, it appears that there are a wide array of such grants targeting free speech under the guise of combating what researchers views a “disinformation” or “misinformation.” Those words are usually ill-defined and have repeatedly been found to shield bias on the part of the researchers.
In the case of the the British-based Global Disinformation Index (GDI), the results were the targeting of ten conservative and libertarian sites as the most dangerous sources of disinformation. It then sought to persuade advertisers to withdraw support for those sites, while listing their most liberal counterparts as among the most trustworthy.
The latest grant is being conducted by Michael Wagner of the University of Wisconsin-Madison’s School of Journalism and Mass Communication, Sijia Yang of the University of Wisconsin-Madison School of Journalism and Mass Communication, Porismita Borah of Washington State University’s Edward R. Murrow College of Communication, Srijan Kumar of Georgia Tech’s College of Computing, and Munmun De Choudhury of Georgia Tech’s School of Interactive Computing.
The grant abstract echoes the earlier work in warning that social media serves “as a major source of delegitimizing information about elections and vaccines, with networks of users actively sowing doubts about election integrity and vaccine efficacy, fueling the spread of misinformation.”
Of course, many of the scientists and groups who were previously suspended for disinformation in these areas were ultimately vindicated. The mask mandate and other pandemic measures like the closing of schools are now cited as fueling emotional and developmental problems in children. The closing of schools and businesses was challenged by some critics as unnecessary. Many of those critics were also censored. It now appears that they may have been right. Many countries did not close schools and did not experience increases in Covid. However, we are now facing alarming drops in testing scores and alarming rises in medical illness among the young.
The point is only that there were countervailing indicators on mask efficacy and a basis to question the mandates. Yet, there was no real debate because of the censorship supported by many Democratic leaders in social media. To question such mandates was declared a public health threat. The head of the World Health Organization even supported censorship to combat what he called an “infodemic.”
A lawsuit was filed by Missouri and Louisiana and joined by leading experts, including Drs. Jayanta Bhattacharya (Stanford University) and Martin Kulldorff (Harvard University). Bhattacharya previously objected to the suspension of Dr. Clare Craig after she raised concerns about Pfizer trial documents. Those doctors were the co-authors of the Great Barrington Declaration, which advocated for a more focused Covid response that targeted the most vulnerable population rather than widespread lockdowns and mandates. Many are now questioning the efficacy and cost of the massive lockdown as well as the real value of masks or the rejection of natural immunities as an alternative to vaccination. Yet, these experts and others were attacked for such views just a year ago. Some found themselves censored on social media for challenging claims of Dr. Fauci and others.
The media has quietly acknowledged the science questioning mask efficacy and school closures without addressing its own role in attacking those who raised these objections. Even raising the lab theory on the origin of Covid 19 (a theory now treated as plausible) was denounced as a conspiracy theory. The science and health reporter for the New York Times, Apoorva Mandavilli, even denounced the theory as “racist.” In the meantime, California has moved to potentially strip doctors of their licenses for spreading dissenting views on Covid.
Censorship is now embraced even when the underlying information is true. In another recently disclosed disinformation project at Stanford University, experts insisted that even true stories could still be dangerous forms of disinformation if they contributed to “hesitancy” on vaccines or other issues.
As in these prior grants, it is not clear what Course Correct specifically defines “verifiably accurate information.” When pressed by by the conservative site The College Fix, researchers reportedly failed to supply an answer. What constitutes “misinformation” depends on the views of the programmers. Yet, these systems are sold as somehow transcending bias and using science to protect us from our own bad ideas or biases.
Recently, we discussed the call of Bill Gates to use Artificial Intelligence (AI) to protect us for harmful thoughts or idea. In an interview on a German program, “Handelsblatt Disrupt,” Gates called for unleashing AI to stop certain views from being “magnified by digital channels.” The problem is that we allow “various conspiracy theories like QAnon or whatever to be blasted out by people who wanted to believe those things.”
Gates added that AI can combat “political polarization” by checking “confirmation bias.”
Confirmation bias is a term long used to describe the tendency of people to search for or interpret information in a way that confirms their own beliefs. It is now being used to dismiss those with opposing views as ignorant slobs dragging their knuckles across the internet — people endangering us all by failing to accept the logic behind policies on COVID, climate change or a host of other political issues.
This is not the first call for AI overlords to protect us from ourselves. Last September, Gates gave the keynote address at the Forbes 400 Summit on Philanthropy. He told his fellow billionaires that “polarization and lack of trust is a problem.”
The problem is again … well … people: “People seek simple solutions [and] the truth is kind of boring sometimes.”
Not AI, of course. That would supply the solutions. Otherwise, Gates suggested, we could all die: “Political polarization may bring it all to an end, we’re going to have a hung election and a civil war.”
Others have suggested a Brave New World where citizens will be carefully guided in what they read and see. Democratic leaders have called for a type of “enlightened algorithms” to frame what citizens access on the internet. In 2021, Sen. Elizabeth Warren (D-Mass.) objected that people were not listening to the informed views of herself and leading experts. Instead, they were reading views of skeptics by searching Amazon and finding books by “prominent spreaders of misinformation.”
Warren blamed Amazon for failing to limit searches or choices: “This pattern and practice of misbehavior suggests that Amazon is either unwilling or unable to modify its business practices to prevent the spread of falsehoods or the sale of inappropriate products.” In her letter, Warren gave the company 14 days to change its algorithms to throttle and obstruct efforts to read opposing views.
The priority for the House should be to establish the full range of these grants by the Administration in the development of blacklisting or censorship tools. That should be in addition to the effort to gauge the direct work of federal employees in censorship efforts at companies like Twitter. We can debate the wisdom or risks of such work, but we should first have transparency on the full scope of censorship efforts by the federal government, including the use of academic and third-party organizations.
https://www.law.com/2023/03/21/us-news-announces-release-date-for-2023-2024-graduate-school-rankings-following-42-law-school-withdrawals/
The new edition of the rankings will include updated school profiles, new rankings and detailed methodologies, according to the email from U.S. News that was provided to Law.com.
March 21, 2023 at 06:17 PM
6 minute read
U.S. News & World Report has announced that the 2023-2024 Best Graduate Programs rankings will be released on April 18, after dozens of law schools have withdrawn from participating over the past several months.
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U.S. Magistrate Judge James Cott of the Southern District of New York on Friday dismissed a lawsuit involving an NFT believed to be the first NFT ever created, finding that the plaintiffs failed to allege an injury that would give it standing to sue.
The suit involved digital artist Kevin McCoy’s artwork Quantum. In 2014, McCoy created an NFT of Quantum on a blockchain called Namecoin, and seven years later, McCoy and the auction house Sotheby’s began marketing McCoy’s NFT on the Ethereum blockchain.
A New Jersey libel suit illustrates the challenges faced by businesses seeking to settle the score when employees take to online review sites to denigrate them.
A Superior Court judge dismissed a suit filed by Sensor Products of Madison, New Jersey, against a former employee whom the company accused of posting libelous reviews on Glassdoor.com.
Judge Louis Sceusi said statements that Sensor “has an astronomically high turnover rate” and that owner and CEO Jeffrey Stark is “the sole cause of every issue that exists” are not defamatory because a reasonable person reading those statements would recognize them as hyperbole from a disgruntled former employee.
A series of anonymous posts about Sensor appeared on Glassdoor.com in August 2021, a few days after the company fired employee Mehmet Sakman.
Sensor and Stark, concluding that Sakman was responsible for the posts, filed a suit in September 2021 with claims for libel.
Sakman, represented by Bruce Rosen of Pashman Stein Walder Hayden in Hackensack, moved to dismiss the suit in December 2021 for failure to state a claim on which relief can be granted.
Sakman claimed the defamation and trade libel claims are premised on “willfully mischaracterized, non-actionable statements of opinion, hyperbole or otherwise non-defamatory speech,” and that the trade libel claim fails because the plaintiffs failed to plead special damages with requisite specificity.
Sakman also asserted that the tortious interference claim is duplicative of the defamation claim, and therefore seeks to subvert the plaintiff’s free speech rights.
The lawyer for Sensor and Stark, Steven Resnick of the Resnick Law Firm in Short Hills, New Jersey, did not respond to requests for comment. Rosen could not be reached because he’s out of the country.
Sorting out how to respond to negative online reviews has become part of the territory for employers since the emergence of portals such as GlassDoor give workers the ability to reach a large audience with their criticism, said Carolyn Conway Duff of Wiley Malehorn Sirota & Raynes in Morristown, New Jersey.
Duff, an employment lawyer who is not involved with the Sensor case, is a former fellow of the Media Law Resource Center who has written about employees’ speech rights online.
“If you wanted to defame your boss in 1970, your options were pretty limited. If you wanted to reach a big audience, you probably had zero options. Everyone has a platform now,” Duff said.
Duff said the difference between libel and permissible postings about one’s boss often come down to the difference between opinions and statements presented as facts.
“I like to use the example of a restaurant context: It’s one thing to say the food is terrible. That’s opinion. You can’t sue them for that,” Duff said. “But if you were to say the chef is putting shards of glass in the food, that’s factual because either he is putting shards of glass into the food or he is not. But to say it tastes like shards of glass in the food, that would actually fall under opinion.”
An unhappy worker who wants to criticize his employer online can say “pretty terrible stuff as long as it falls under that umbrella of opinion or hyperbole,” Duff said.
In the Sensor case, Sceusi said the posting that Sensor is a “garage company” that “made it up to the first floor” because it is in a niche market with little competition is not actionable because it is an expression of opinion.
The posting that “any skill or work ethic or asset that employees bring to the table is rendered irrelevant” is likewise a nonverifiable statement of opinion, the judge said.
The postings accusing Stark and Sensor of “acting in bad faith,” “trying to con” employees and concocting a false reason to fire Sakman are not actionable for libel but are “rhetorical hyperbole,” Sceusi found.
Where a posting says Sensor withheld documents that Sakman needed to apply for unemployment for a week “may satisfy the requirement for verifiability,” but is not actionable because even if false, it is “not actionable because it would not tend to harm the plaintiff’s reputation in the eyes of a reasonable person,” the judge found.
When evaluating such issues, a court must “consider the impression created by the words as well as the general tenor of the expression, as experienced by a reasonable person,” Sceusi said. When evaluating the postings about Sensor and Stark, the person making the posting is identified as a former employee, he found.
Sceusi said, “Viewing the publication as a whole, it is evident that defendant Sakman is a disgruntled former employee who was let go.”