He Said/She Said, Save Our Sons, and the Stories that Stick: Part One of a Two-Part Series of Columns

SHERRY F. COLB

Cornell law professor Sherry F. Colb comments on the U.S. Department of Education’s recent push toward a higher burden of proof in determinations of sexual harassment or assault under Title IX. In this first part, Colb suggests that men who say “not guilty” in response to a sexual assault accusation are not especially credible and that we accordingly need an explanation for why people find the accuser’s words equally lacking in credibility (and therefore call the dispute a “he said/she said” dilemma for the factfinder).

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“Remain Humble and Compassionate—And Have a Plan to Kill Everyone You Meet”

JOSEPH MARGULIES

Cornell law professor Joseph Margulies argues that to fix policing, we must change police culture and norms, starting with ending the warrior model of policing. Margulies describes what this model means and explains why it is such a substantial obstacle to productive relationships between the police and the communities they serve.

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Idaho v. Zarinegar

Docket: 47482

Opinion Date: October 6, 2020

Judge: Bevan

Areas of Law: Constitutional Law, Government & Administrative Law, Securities Law, White Collar Crime

The Idaho Department of Finance ("Department") filed a civil enforcement action against appellant appellant, Sean Zarinegar, Performance Realty Management LLC ("PRM") and other nominal defendants, alleging Zarinegar and PRM committed securities fraud. The Department moved for summary judgment; Zarinegar and PRM responded with their own motion for partial summary judgment and a motion to strike several documents submitted by the Department in support of its motion for summary judgment. A few days before the district court was set to hear arguments on the motions, counsel for Zarinegar and PRM moved the district court for leave to withdraw as counsel of record. At the hearing, the district court preliminary denied the motion to withdraw, entertained the parties’ arguments, and took all matters under advisement. The district court later issued a memorandum decision and order denying, in part, Zarinegar’s, and PRM’s motions to strike. The district court also denied Zarinegar’s and PRM’s motion for partial summary judgment. The district court granted summary judgment for the Department after finding Zarinegar and PRM had misrepresented and omitted material facts in violation of Idaho Code section 30-14-501(2) and fraudulently diverted investor funds for personal use in violation of section 30-14-501(4). The district court then granted the motion to withdraw. The district court entered its final judgment against Zarinegar and PRM September 30, 2019. Zarinegar, representing himself pro se, appealed the judgment, arguing: (1) the district court lacked jurisdiction to enter judgment against him; (2) the district court violated his constitutional right to a jury trial and right to proceed pro se; (3) the district court’s denial of Zarinegar’s motions to strike as to certain documents was an abuse of discretion; and (4) the district court erroneously granted summary judgment for the Department. Finding no reversible error, the Idaho Supreme Court affirmed the district court's judgment.