Craig Gurian
craiggurian.bsky.social
Craig Gurian
@craiggurian.bsky.social
Executive Director, Anti-Discrimination Center (antibiaslaw.com); Editor, Remapping Debate (remappingdebate.org). Posting for myself, not orgs, except if [ADC] or [RD] tag is appended to end of post.
Lyric of the week: "Keep My Heart In Mind," Kieran Kane & @raynagellert.bsky.social, off their "Volume 4" album. www.remappingdebate.org#lyric
April 16, 2025 at 11:56 AM
Not formally relaunching remappingdebate.org until 4/9 (please do subscribe now -- forever free -- here: www.remappingdebate.org/subscribe), but we thought we'd restart our Lyric of the Week feature. This week: @eliza-gilkyson.bsky.social's new "Dark Night of the Soul": www.remappingdebate.org#lyric
March 24, 2025 at 6:01 PM
Clement repeatedly suggests that the dispute between the current Trump DOJ and the former prosecutors who resigned in the belief that a dismissal was improper is too complicated to resolve, but courts deal with resolving stark disputes all the time. 9/10
March 19, 2025 at 2:06 PM
Clement references "accountability" when it suits his purposes, but he's unwilling to recognize that a a denial of the request to dismiss can operate as a form of public accountability, even when the Attorney General resists. 8/10
March 19, 2025 at 2:06 PM
Clement studiously avoids presenting factual details, so we're left simply w dueling claims of impropriety. If he had set out facts, it would be apparent that there isn't a close balance between the strength of the competing positions or hardship in reaching a conclusion. 7/10
March 19, 2025 at 2:06 PM
Clement fails to take into account how extraordinary it is for the Trump DOJ to have done what it has done, and thus he misinterprets why there aren't more cases denying a motion to dismiss on public interest grounds. 6/10
March 19, 2025 at 2:06 PM
Clement omits key info, as when describing history of rule governing dismissals. He cites to former Chief Justice Rehnquist dissent, but doesn't mention that Rehnquist had the opposite view from Clement's as to the "principal" reason for the leave-of-court requirement. 5/10
March 19, 2025 at 2:06 PM
Clement doesn't grapple with the substance of the contrary view: that principal object of amendment to Rule was to "guard against dubious dismissals of criminal cases that would benefit powerful and well-connected defendants." 4/10
March 19, 2025 at 2:06 PM
Clement says that "principal" purpose of judiciary re proposed dismissals is protection of liberty. (See 4/10, next.) But, even if he's right, the word "principal" is doing a lot of work: it allows him to ignore other purposes like vindicating the public interest. 3/10
March 19, 2025 at 2:06 PM
remappingdebate.org's article extensively annotates Clement's brief. Here are some of the key points. Clement sets up exaggerated versions of the opposing position in order to knock them down. That's known as a "straw man" argument. 2/10
March 19, 2025 at 2:06 PM
Opponents say "fear of being sued" would cause shareholders not to want to serve on boards. What they mean is that disclosure will give NYers a better sense of whether they've been discriminated against. The argument just underlines the need for the bill. 3/3
January 6, 2025 at 4:26 PM
Not standing w majority of your Council colleagues nor w 73% of Manhattanites supporting coop disclosure? You're no progressive leader. Disqualifying for @keithpowersnyc.bsky.social (running for BP) &
Julie Menin (harboring hopes of Speakership). gothamist.com/news/many-ma...
January 6, 2025 at 4:23 PM
Appalling.
November 20, 2024 at 1:49 AM