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New Threat: Paper Wants to Publish Title IX Sex Offender Registery

Civil Rights and LibertiesTitle IX By Harvey Binnall PLLC - 2018/07/13 at 01:50pm

The law of “unintended consequences” – the actions of people and government have effects that are unanticipated – may well be on vividly harsh display shortly for Title IX. Among other things, the law requires schools, colleges and universities that receive federal funding to investigate claims of sexual harassment and assault against students. But depending on the outcome of a lawsuit currently on appeal in North Carolina, Title IX might end up being used to create a de facto “sex offenders” list at the University of North Carolina at Chapel Hill despite there being no trials or due process for […]

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civil litigation, civil rights, Student Conduct, Title IX

Many Title IX Officers Trample Students’ Due Process, Other Constitutional Rights

Civil Rights and LibertiesTitle IX By Harvey Binnall PLLC - 2018/07/13 at 01:13pm

This is a terrifying yet very real case study in how easily universities and other schools use Title IX to abuse the Constitutional rights of students accused of sexual misconduct including denying due process, the right to confront and question an accuser, and the right against self-incrimination. When former Houston Texan football player Keith Murphy was a student at Michigan State University, a female student he knew accused him of sexually assaulting her. Under Title IX the school was required to investigate or risk losing federal funds. Operating (initially) without an attorney, Murphy voluntarily provided text message evidence of a […]

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civil litigation, civil rights, Student Conduct, Title IX

White Collar Criminal Defense: Plea Bargaining Tactics

White Collar Criminal Defense By Harvey Binnall PLLC - 2018/06/29 at 12:28pm

If you have been charged with a white collar crime (i.e., a nonviolent crime intended to secure financial gain through deception, and involving a professional or someone with specialized technical skills), then you may be feeling particularly vulnerable.  After all, the consequences for such crimes can be quite serious, and may include imprisonment, fines, and the loss of your professional licenses. Plea bargains are an option for many white collar criminal defendants, and in fact, most criminal litigation ends with some form of a negotiated compromise between the prosecution and the defendant.  In some cases, a plea bargain allows the […]

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How a Settlement Can Lead to a Win-Win Outcome

Business and Commercial DisputesLitigation By Harvey Binnall PLLC - 2018/06/22 at 12:23pm

If you are involved in the early-goings of a business dispute, then chances are that you’ve considered the possibility of a settlement (i.e., a negotiated compromise where both parties agree to an end to the dispute and to further litigation).  Despite the fact that the majority of cases end in a settlement, they are only vaguely understood by most people.  As such, plaintiffs may not realize the point of settlement and the benefits in engaging in negotiations in order to reach a settlement compromise. According to a study conducted by Cornell Law School researchers, aggregate settlement rates ran as high […]

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