Browsing All posts tagged under »civil court«

There Are No “Sides” to a Story That’s BS: How Restraining Order Policy Turns Lies into Realities

April 13, 2018

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A mathematician would dismissively tell you that you can’t describe one-half of zero. The project is absurd. Yet civil courts, as a matter of policy, demand that defendants perform this nonsensical exercise every day. This advice about telling “your side of the story about what happened” is offered by the California Court System, and it presumes […]

Law Professor Brooke Coleman Explains Why the Civil Defendant Is Denied Legal Counsel, and Why This Is Unjust

September 27, 2015

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From “Prison Is Prison” by Seattle Law School Prof. Brooke Coleman (Notre Dame Law Review, 2013): Two indigent men stand before two separate judges. Both will be sent to prison if they lose their cases. One receives appointed counsel, but the other does not. This discrepancy seems terribly unjust, yet the Supreme Court has no […]

That They’re Made in Civil Court, Too: A Response to Megan McArdle’s “What We Don’t Know about False Claims of Rape”

June 18, 2015

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“Could the number be between 3 and 8 percent? Absolutely. But it could be substantially higher than 8 percent; it could even be that 40 percent of rape accusations or more are false, though I’d bet against that. It’s possible that less than 3 percent of rape accusations are false, though again, I would offer […]

Scapegoating: All Violence against Women, Including Rape, IS Punished—It’s Just Not the Guilty Who Necessarily Bear the Blame

December 25, 2014

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Many of the posts published here in 2014 concern how we talk about violence against women. Criticism of anti-violence rhetoric and policies is sternly denounced or dismissed, including by mainstream, populist writers. Toeing the line of political correctness, they call such criticism “denialist.” To criticize anti-rape zealotry, for instance, is said to mean a critic […]

The Truth about the Frequency of False Allegations ISN’T to Be Found in Statistics: On How Fraudulent Abuse of Civil Restraining Orders Escapes Recognition

March 12, 2014

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I’ve earnestly and objectively examined posited rates of false allegations in recent months, because statistics and analytics are what we soonest regard as estimates of the truth. It’s typical of writers hostile to the notion that false allegations are rampant, as well as of legal analysts and social scientists, to cite such rates, particularly official […]