Sexism in a Court

The singer Kesha, in a Manhattan court, is suing Sony and ex-producer “Dr Luke” over allegations of having been drugged and raped.  There are (unsubstantiated) reports that the presiding judge, Shirley Kornreich, should be removed from the case because she’s married to Proskauer Rose law firm partner Edward Kornreich, and Proskauer Rose represents Sony.

Kornreich says the move is sexist.

If it’s an issue at all, it’s an issue because women are now part of the professional work force[.]

Kornreich reveals her own sexism with that claim.  The move, if it existed beyond press reports (Kesha’s lawyers say they weren’t going to file any recusal motion), was about conflicts of interest from family ties connecting a judge to one of the litigants; it had nothing to do with the genders of the individuals who are—or might be—tied.

Gerrymandering, Politics, and Race

The (eight Justice) Supreme Court is going to take up the question of gerrymandering and Congressional districts in Virginia and North Carolina.  In fact, the case the Court is hearing is narrower than that:

drawing legislative districts based on race.

Never mind that the Democrats’ Voting Rights Act of 1965 mandates race-based districting: the VRA

generally prohibits reducing minority-voting power through redistricting[]

which, of course, explicitly requires race-based districting in order to “protect” that “power.”

Indeed, the whole divide[] between white and minority voters nonsense with which Jess Bravin opened his piece at the link is just a tacit summary of the Left’s racism.  We’re all Americans.  Full stop.  Any “divide” is nothing but an artificiality, fueled by the Left’s fundamental identity policies that end up masking real abuses.

Were the Left, and now the courts, serious about how bad gerrymandering is, they’d agree to its elimination altogether.  Congressional districts should be squares enclosing substantially equal sized populations, differing from those straight-line boundaries only at the borders between states, and drawn without regard to the Left’s identity politics concerning which special groups of Americans are resident in which districts.

The Law Professor Misapprehends

Jacob Gershman has a piece in The Wall Street Journal‘s Law Blog about the increasing use of software algorithms to assess newsworthiness and the implications of that increasing use on legal assessments of the tradeoffs between individual privacy and what’s fit to print.  In it, Gershman quotes Georgetown University Associate Professor of Legal Research and Writing Erin Carroll.

Given the dominance of platforms like Facebook, the related influence of algorithms on how news is made, and specifically how algorithms are beginning to supplant editorial discretion and the editorial process, courts need to rethink their rationales for deference to the press. In the realm of privacy law, courts have long trusted the Fourth Estate to vet the newsworthiness of a subject before publishing, so that the courts themselves did not have to. Today, that trust is becoming misplaced.

Carroll is right that courts need to “rethink their rationales for deference to the press,” but for reasons wholly independent of the existence of news algorithms.  On the contrary, Carroll has a couple of misapprehensions here.  For one, editors (and publishers, come to that) certainly are outsourcing the work of assessments in making editorial decisions, but they cannot outsource their own responsibilities in the newsworthy judging process.

For another, related thing, there’s no reason to believe the courts’ trust “is becoming misplaced” due to the use of news algorithms.

In both instances, Carroll has missed the key factor: it’s entirely the editors’ and publishers’ decisions to use new algorithms, and it’s entirely the editors’ and publishers’ decisions to use any part of the algorithms’ outputs.  The editors and publishers remain entirely and solely responsible for the material they publish—whether that material originates from interns, news algorithms, or journalists.

Full stop.

Update: Missing word is no longer missing.

Quis custodiet ipsos custodes?

Michigan elects its appellate court judges from each of four geographical districts, centered on Detroit, Troy, Grand Rapids, and Lansing.  Now the State’s government is playing games with that process.  Judge Donald Owens, of the Lansing district, intends to resign just before his term expires.

A Michigan appeals court judge is resigning four hours before his term expires on 1 January, allowing Governor Rick Snyder to pick a replacement.

No special election will occur; this will not be a particularly temporary appointment.  The appointed judge will serve until the next general election in the State.

The move might be convenient to Conservatism (Snyder is a Republican, which makes him conservative relative to the State he governs), this time, but only this time, this short-term time.  The move sets an ugly example, however.  We can argue the merits of elected judges vs nominated and legislatively confirmed or rejected judges, but the Michigan law is quite clear in its intent.  This move is nothing more than a naked attempt to circumvent Michigan’s law, the will of Michigan citizens as expressed by their elected representatives having passed this law, and the will of Michigan citizens as expressed by their election of their judges.

There’s Speculation and There’s Speculation

Kansas has a law that requires voters to prove they’re citizens—and so eligible to vote—before they’re allowed actually to vote.  A Federal trial judge issued an injunction barring enforcement of the law, and the 10th Circuit Appeals Court upheld the injunction.

After Kansas had shown that in a single county,

eleven noncitizens successfully registered to vote; and after it went into effect another fourteen were prevented from registering. These 25 cases are just the tip of the iceberg in Sedgwick County[,]

Judge Jerome Holmes, for the 10th Circuit, wrote

[W]e reject as based on conjecture Secretary Kobach’s invitation to consider as “just the tip of the iceberg” the twenty-five cases in Sedgwick County of aliens registering or attempting to register. The assertion that the “number of aliens on the voter rolls is likely to be in the hundreds, if not thousands” is pure speculation….

On the other side of the equation is the near certainty that without the preliminary injunction over 18,000 US citizens in Kansas will be disenfranchised for purposes of the 2016 federal elections….

Never mind that Holmes’ near certainty is pure speculation.  (I won’t go into the fact that folks wishing to vote in an election being run by a State also must be citizens of that State in order to be eligible to vote, not merely mythically generalized “US citizens”—a fact the 10th Circuit should be embarrassed that Holmes appears not to know.)