Home / General / “We’re dirty guys and they doubt we were ever virgins but they don’t say the story is inaccurate.”

“We’re dirty guys and they doubt we were ever virgins but they don’t say the story is inaccurate.”

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A commenter notes that Dan Filler, while still refusing to respond directly to Paul’s insolent inquires about whether he violated the privacy of his commenters, has issued a (particularly witless) non-denial denial:

Thanks for checking with me. As exciting as it would be to have been a character in this intriguing Whodunit, I’ve been tied up for the past week reliving the old days on the Grassy Knoll, visiting with colleagues at Area 51, and checking on my dear friend Jimmy Hoffa. Jimmy still can’t believe it’s been 48 years since Paul McCartney died.

Zing! Given that this is rather more verbiage than would be necessary to say “I didn’t give our commenters’ information to a third party,” I think anyone can interpret this. Although, granted, if you think that the information people acquire about anonymous commenters has to come from somewhere where the commenters commented, you probably think that LBJ had JFK killed because he couldn’t abide his Marxist radicalism.

[SEK: As a professional scholar of all things rhetorical — including but not limited to stuffs verbal, textual, audible, visual, synesthetic and otherwise relevant — all I can say is that there’s no evidence that Filler’s overcompensating or trying too hard or that he’s trying too hard or overcompensating.]

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  • TWBB

    It seems pretty much an admission; usually you lead with the joke, then at the end assure that you’re not guilty of whatever you’ve been accused of. Beginning and ending with the joke is just bizarre.

    • Scott Lemieux

      As I said in the previous thread, the tacit admission becomes more obvious the more words you pile up without actually addressing the charge.

  • Angry Geometer

    If he really wanted to wind you guys up, he should’ve said he was visiting the Lollipop Guild, the Star-Twinkle Toddlers, the Sparkly Unicorns, the Cookie Baking Apple-cheeked Grandmothers, the Fluffy Bunny Bund, the Rumbly-Tumbly Pupperoos, the Snowflake Princesses, the Baby Duckies All-In-A-Row, the Laughing Babies, and the Dykes on Bikes.

    • Murc

      At this point, he might as well just be starting his missives “Dear Princess Celestia.” They’d be more relevant than what he’s putting out now, anyway.

      • Aaron B.

        I start all my letters this way. I think it makes me sound like a sparkly purple unicorn princess.

        So, mission accomplished!

    • rea

      What–infringe TBogg’s copyright?

  • anon

    If I were a betting man, after reading that I would put down $500 on “he did share information.”

    • Scott Lemieux

      I’m pretty sure it’s off the board at this point.

  • sharculese

    You can tell it’s a website for lawyers because all the commenters seem to think rap begins and ends with Ether.

  • Anonymous

    “Filler,” not “Filner”. Normally wouldn’t presume to copyedit a blog post, but in this case there’s Google to consider…

    • Glenda Slagg

      Filner is Leitner’s lapdog.

  • Davis

    The already lame joke goes on too long. A sense of comedic timing is lacking.

    • Scott Lemieux

      “This goes on for twelve more minutes!”

      • Joey Maloney

        “The Aristocrats!”

  • Shakezula

    Let’s be charitable and say he doesn’t care if anyone thinks he shares the IP addresses of people who post on his blog.

    Blar har funny. Whatever.

    • DrDick

      Bless his heart.

  • mds

    all I can say is that there’s no evidence that Filler’s overcompensating or trying too hard or that he’s trying too hard or overcompensating.

    [DIAGRAMS FURIOUSLY]

    … Well done.

  • Advokat

    …and the Magic Legal Word comes out at TFL from “anon”:

    “Maybe someone at an academic conference abroad doesn’t spend enough time parsing your lengthy postings, but it seems clear that you’re a pathological liar and you’ve libelled Leiter. Good luck!”

    Discovery would be endlessly amusing in this libel suit…

  • Anyone who thinks Filler released commenter’s names is obviously a nut who believes Jimmy Hoffa disappeared, and JFKs murder was poorly investigated! Obviously Paul McCartney was behind both these things, and is an (anon) blogger here.

    • rea

      Here’s another clue for you all
      The walrus was with Paul . . .

  • Pouca

    Consider Dan Filler’s situation. He is a late 40s professor at Drexel – a pretty lowly regarded law school in a market – Philadelphia – that has too many law schools and most of the others are regarded as better, some way better than Drexel. In the coming shakeout of law schools most people put Drexel at the top of the list of Philadelphia and/or PA law schools to close.

    Where does that leave Desperate Dan. Well, law firms and legal services organisations regard confidentiality and discretion as the most important thing for a lawyer – any who heard this story would not even interview him – and they will hear this story. What about another job as a law professor – well, hmmmm. Despite the rants of Leiter, most law professors would be pretty shocked at Leiter trying to suppress dissenting voices by outing commentators. They would be much more shocked at Filler’s breach of trust. So I think Desperate Dan would have a very hard time swinging another academic position – there would be too many people saying “hell no.” And yes, law professors can recognise a non-denial.

    Worse for Desperate Dan, he is allowing Leiter to give the impression that it might be one of the other professors with administrative privileges at the Faculty Lounge. Many of them are also at law schools where their future employment looks precarious – and they do not want to be unemployable pariahs. So it would seem that the logical thing for them to do is to demand that Filler come clean and if he does not either kick him out of the lounge or conduct their own noisy withdrawal from the faculty lounge while denouncing Filler’s refusal to answer – how did Leiter get the information. They need to think though – this is not going to just “blow over,” especially since Leiter claims to know why they are silent. A whiff of complicity attaches to all of them – and it will not go away unless they deal with it.

    I know that I would round file resumés and curriculum vitae from administrators of the Faculty Lounge if they do not take steps to clarify their roles soon.

    • cpinva

      i think this goes beyond potential employment at other law schools or firms. he may well have slit his throat at the corporate level too.

      • Snarki, child of Loki

        Yeah, well Philly always has plenty of openings for smelly ragged homeless dudes that rant about Area 51 and the like, so Dan has a real career path mapped out for himself.

        • Ed K

          You mean mentally ill folks who’ve been abandoned by every conceivable social services system to the point where they’re slowly dying on the streets? Because yeah, those guys are so fucking funny.

    • Jon Hendry

      “In the coming shakeout of law schools most people put Drexel at the top of the list of Philadelphia and/or PA law schools to close.”

      Drexel’s law school has only existed since 2006. I wouldn’t expect them to give up so quickly, especially if they can subsidize operations with funds from the other academic programs.

  • How does their blog work? Do all the posters have admin privileges- why would this guy need to have shared? Why couldn’t Bri-Lite just have checked the comment logs himself? Didn’t they supposedly both post there?

    • Pouca

      Leiter is not a listed administrator on the blog site – but Filler set up the blog and presumably has the ability to give Leiter an administrator login. However, the circuitous denials by Leiter include statements that names were passed to him – this tends to suggest that Filler or another admin did it. Now Leiter seems to be suggesting that admins other than Filler facilitated his activities – which would be very bad for:

      Laura Appleman
      Alfred Brophy
      Kevin Noble Maillard
      Calvin Massey
      Timothy Zinnecker
      Jacqueline Lipton
      Kimberly Krawiec
      Eric Muller
      Bridget Crawford

      Because he is in effect pointing the finger at them. They need to get in front of this.

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  • JDE

    Leiter’s latest defense said, “Indeed, dybbuk’s identity was volunteered by someone Campos pissed all over during his little scam jihad.”

    So Leiter admits that he was handed private information from someone that Campos had previously criticized. Does Campos have any idea who this might be?

  • I used to have great respect for this blog, but I can no longer in good conscience read it. Why anyone would give voice to Paul Campos at this point is simply beyond me. I have tried to keep an open mind about whether Leiter was guilty of Campos’ increasingly unhinged allegations, but as best I can tell his argument reduces to (1) Leiter once mentioned the poet Neruda; (2) someone is posting things sympathetic to Leiter and UC using a gmail account with a user name that, in part, is Neruda spelled backwards; so (3) the account belongs to Leiter. Some actual evidence, as opposed to paranoid speculation, would be welcome.

    Leiter aside, Campos’ repeated — and again evidence-free — slurs of Dan Filler and the rest of The Faculty Lounge gang is really despicable.

    • Is this meant to be a joke? It’s so hard to tell these days.

      • commie atheist

        There’s an Internet Tradition born every minute.

    • sibusisodan

      If your summary of Campos’ argument is a genuine, good faith effort, then you aren’t very good at reading comprehension.

      • firefall

        Good faith? assuming facts not in evidence

    • Scott Lemieux

      Leiter aside, Campos’ repeated — and again evidence-free — slurs of Dan Filler and the rest of The Faculty Lounge gang is really despicable.

      This would be a lot more credible if Filler wasn’t effectively conceding that the charges are accurate. Well, actually, it would still be wrong, but the non-denial denials are really hanging Filler and Leiter’s uncritical apologists out to dry.

      • I find it very difficult to believe, Scott, that you are willing to consider silence to be an admission in most situations. Do you believe that accused criminals who remain silent must be guilty? Did you consider Obama’s refusal for quite some time to release his long-form birth certificate to be an admission that he was actually born in Kenya?

        I have read every comment to every post on this blog about TFL, and I have yet to see anything other than rank speculation that Dan Filler leaked information to Brian Leiter. In the absence of actual evidence, I have no idea why anyone thinks he is obligated to respond more directly.

        (And dear Professor Campos: your refusal to consider Filler’s snarky comment to Above the Law a denial says far more about your megalomania than about Filler.)

        • JDE

          Either a Faculty Lounge blogger leaked information to Brian Leiter, or else a Faculty Lounge blogger directly took on a fake identity to send threatening emails to a commenter for having a nickname that mocked Leiter.

          There’s no other option. Why you think the latter reflects better on Faculty Lounge deserves some explanation.

        • Scott Lemieux

          Do you believe that accused criminals who remain silent must be guilty?

          1)This isn’t a criminal trial. 2)He wasn’t silent; he issued a statement about the accusations that took several sentences not to deny the charges. Merely not answering Paul’s email is one thing, a non-denial denial another. I do in fact think that if the most logical suspect isn’t silent and doesn’t deny the charges it’s safe to infer that he did it. At any rate, you’re not arguing that you can’t infer guilt from silence; you’re arguing that you can’t make any inferences when someone chooses to “testify” but then refuses to answer a direct question. That’s silly.


          Did you consider Obama’s refusal for quite some time to release his long-form birth certificate to be an admission that he was actually born in Kenya?

          Ah, yes, the same dumb argument as Filler. Anyway, there is actually good reason to believe that Filler is the person most likely to have passed information about commenters to his friend and co-blogger. There was absolutely no reason whatsoever to believe that Obama was born in Kenya.

          • Tybalt

            1)This isn’t a criminal trial.

            Ah, indeed, if only. One could only, vainly, hope for such a result from the law school scam.

      • Here’s the thing I don’t understand: Why not just deny it?

        I guess I understand the psychology that makes people dissemble rather than deny, but I don’t understand it in this case. It’s not like they are under oath…the worst that could happy is that they are caught out with undeniable evidence. In that case, is the fact that they didn’t technically deny it going to help them over them just denying it?

        I don’t say that this suggests that their dissembling is evidence of their not being guilty, I just find the whole thing perplexing.

        • Hogan

          I imagine it’s the “How dare you/do you know who I am?” reaction, which assumes that given my status, all I have to do is show enough outrage and the accusation will go away, or at least lose credibility in the larger audience (which is problematic in this case because in at least some of the fora where it’s being discussed, the answer to “Do you know who I am?” is likely to be “Not even a little bit, but already I don’t like you”). It’s not the standard form of the Watergate non-denial denials, but there’s a lot of it around.

          There’s also the problem of not knowing what evidence may be out there to undermine a straightforward denial. (“We have pictures of him nailing your head to the floor.” “Oh, well, he did do that.”) An instance where “thinking like a lawyer” may not be the winning strategy that many law professors take it to be.

        • anon

          Lying is a risky option. Many professors are lawyers and are licensed in states where other lawyers must report to the state bar when they learn of information that calls into question another lawyer’s fitness to practice.

          Lying is a form of moral turpitude and concealing bad acts is too.

          • But, does lying add so much to the wrong actions they’ve putatively taken?

            I mean, you harass someone or violate their privacy (which I understand may be illegal in some contexts), and then you’re like “Oh no! I best not explicitly lie about it because THEN I’d be in trouble!!!”

            I can believe people would have that sort of odd thought pattern, but it still seems odd. Is it really true that mere dissembling would serve you well in a character assessment board?

            Plus, do either Leiter or the other prof practice? Is their tenure conditional on their maintaining a license?

            • I think the Nixon reference is particularly relevant; it seems to me that the dissembling is fundamentally a form of arrogance.

              • Interesting.

                I guess dissembling can come from arrogance (i.e., I’m so clever I can give you the slip; I’m a better lawyer than Clinton…you won’t trip me up) or from problems with lying (and yet not wanting to fess up). I certainly can find myself being evasive when I don’t want to admit something (not even necessarily something I’ve done wrong, just something I don’t want to admit).

                Of course, in this case, arrogance does seem rather more likely.

                It’s still weird! Why don’t they just issue a denial now?

  • No, it’s not meant to be a joke. I post under my own name; I don’t hide behind a pseudonym. But by all means, explain to me what evidence exists to suggest that Leiter is peteraduren — other than Leiter once mentioned the poet and the name is Neruda spelled backwards. I am genuinely interested.

    • Wrong thread guy.

      • My apologies. I’ll find the threat that cares about evidence more than unsupported assertions. Thanks for letting me know this thread is the latter.

        • Anon

          There are several independent connections between Brian Leiter and “Peter Aduren”

          1. Leiter recently wrote about the poet Neruda.
          2. Both Brian Leiter and JDU commenter “Aduren” have it out for Internet commenter “dybbuk”
          3. “Peter Aduren” sent threatening emails to Internet commenter “Brianleitersrottingteeth”
          4. An account at Top Law School named “Aduren” was opened the same day that a thread about Leiter was started.

          More information, including links, can be found in the comment threads of all of Campos’ posts on the matter.

          Like I said in one of them, these things don’t preclude an alternative explanation to Leiter owning and controlling the Peter Aduren email account, but it makes it the most likely explanation.

          • Anon

            Admittedly, nobody has put together the support for these allegations (the links and screenshots) into one easily accessible package yet. So a person would have to have read the several hundred comments that accompany this series of posts, and it sounds like you haven’t done so yet. Start at the beginning if you want to see how all of this came to light. Hopefully somebody will gather up the supporting evidence and put it all in one place soon.

          • Monsignor Fluffy

            Also:

            1. He has responded to the hacking of the Peter Aduren gmail account, so he know what happened, but has refused to deny that it’s his, which makes no sense if it wasn’t him.

            2. That email account has mail forwarded to Brian Leiter’s Chicago e-mail address.

            3. “Aduren” has written with the same writing style, including the same propensity to name-drop academics at various schools to support whatever inane point he is trying to make. It’s a Leiter trademark — “Look at Smith and Jones at Yale, Johnson, Brown and Watson at Rutgers, or Williams and Davis at Chicago” — that nobody else uses because nobody else cares who is where.

            2.

            • How do you know about 2? That would indeed be damning evidence, but I’m not sure how you could know that.

        • Note the author of the thread and what the post contains. Note also there are posts in which the email business is important to the issues at hand. Note further that this post really has nothing to do with that but is about Dan Filler being full of shit.

          Dan Filler being full of shit is mercifully a separate issue, and in any case Leiter being an embarrassment – an embarrassment who attempts to be dangerous to the livelihood of the “insolent” – has been established.

  • JDE

    Let’s leave aside the fact that someone hacked Peter Aduren’s gmail account (the one that had been used to threaten commenters who mocked Leiter) and saw evidence that it was used to forward emails to Brian Leiter’s Univ. of Chicago email account.

    Just consider the following evidence:

    * A fellow with the (admittedly insulting) screenname “Brianleitersrottingteeth” says: “I had invented the handle (and the email that goes with it) on a thursday, used it a few times that day, and by friday night I was being threatened by Peter Aduren. I used it on the faculty lounge blog as well as this blog, Volokh, and ITLSS.” http://lawyersgunsmon.wpengine.com/2013/03/pathological-liars/comment-page-1#comment-469780

    * Someone started a thread at Top Law Schools that linked to Brian Leiter’s nasty little post lambasting a lawyer who sent him an email. http://www.top-law-schools.com/forums/viewtopic.php?f=10&t=205332&start=225 Within minutes, someone at Top Law Schools registered the name “aduren.” (You have to register to be able to see a discussion there.)

    * At JD Underground, the commenter “dybbuk” started a thread mocking one of Leiter’s graduate students for having no practice experience. “Aduren” later showed up to argue with dybbuk. http://72.30.186.176/search/srpcache?ei=UTF-8&p=dybbuk+leiter+sevel+aduren&fr=yfp-t-900&u=http://cc.bingj.com/cache.aspx?q=dybbuk+leiter+sevel+aduren&d=4743229608563280&mkt=en-US&setlang=en-US&w=rhf3qxPIbQVs-NTy3yjax767P-EyMPXI&icp=1&.intl=us&sig=G5EFO7z.Rnlw5PRsLaMKlg– Leiter is now bragging that he got this thread deleted.

    * The name “Peter Aduren” is completely unknown to the Internet except for a blank Facebook page and then blogs such as this one (discussing whether he is really Brian Leiter).

    * Leiter is otherwise known to be completely obsessed with anything said about him online, and he positively brags about trying to identify and send threatening emails to commenters who criticize him.

    So if Aduren is not Brian Leiter’s alter ego, you’d have to believe that there’s someone else out there who is just as obsessed with Leiter’s online identity as Leiter himself, and who was somehow inspired to create an alter ego whose only activities are: (a) arguing about one of Brian Leiter’s students with the same commenter (dybbuk) that Leiter wants to out, on the same thread that Leiter wanted deleted; (b) reacting quickly when a discussion thread links to Brian Leiter’s blog; (c) quickly getting inside information (emails, IP addresses) when someone left a comment critical of Leiter on The Faculty Lounge, and (d) sending threatening emails to that person.

    So tell us, who is this other person who acts so much like Leiter and who apparently has no interests other than sharing an obsession with Leiter’s online identity?

  • JDE

    I left a comment with a few links; held for moderation.

  • JDE

    Kevin (I left an earlier comment with links, but apparently too many links to get through):

    Let’s leave aside the fact that someone hacked Peter Aduren’s gmail account (the one that had been used to threaten commenters who mocked Leiter) and saw evidence that it was used to forward emails to Brian Leiter’s Univ. of Chicago email account.

    Just consider the following evidence:

    * A fellow with the (admittedly insulting) screenname “Brianleitersrottingteeth” says: “I had invented the handle (and the email that goes with it) on a thursday, used it a few times that day, and by friday night I was being threatened by Peter Aduren. I used it on the faculty lounge blog as well as this blog, Volokh, and ITLSS.” http://lawyersgunsmon.wpengine.com/2013/03/pathological-liars/comment-page-1#comment-469780

    * Someone started a thread at Top Law Schools that linked to Brian Leiter’s nasty little post lambasting a lawyer who sent him an email. Within minutes, someone at Top Law Schools registered the name “aduren.” (You have to register to be able to see a discussion there.)

    * At JD Underground, the commenter “dybbuk” started a thread mocking one of Leiter’s graduate students for having no practice experience. “Aduren” later showed up to argue with dybbuk. Leiter is now bragging that he got this thread deleted.

    * The name “Peter Aduren” is completely unknown to the Internet except for a blank Facebook page.

    * Leiter is previously known to be completely obsessed with anything said about him online, and he positively brags about trying to identify and send threatening emails to commenters who criticize him.

    So if Aduren is not Brian Leiter’s alter ego, you’d have to believe that there’s someone else out there who is just as obsessed with Leiter’s online identity as Leiter himself, and who was somehow inspired to create an alter ego whose only activities are: (a) arguing about one of Brian Leiter’s students with the same commenter (dybbuk) that Leiter wants to out, on the same thread that Leiter wanted deleted; (b) reacting quickly when a discussion thread links to Brian Leiter’s blog; (c) quickly getting inside information (emails, IP addresses) when someone left a comment critical of Leiter on The Faculty Lounge, and (d) sending threatening emails to that person (as Leiter himself does).

    So tell us, who is this other person who acts so much like Leiter and who has no interests other than an obsession with Leiter’s online identity? Leiter doesn’t seem like the kind of person who would inspire that kind of devotion.

    • Ich weiss.

      Dybbuk was not mocking a graduate student. He was mocking a VAP at the University of Miami, Michael Sevel, who was a former student of Leiter, and whom Leiter was promoting for a law professorship.

    • JDE,

      Thanks for actually taking the time to answer my question — a welcome change from the normal invective on this blog, whose commenters seem to think name-calling is an adequate substitute for evidence and argument. I think you make a strong case, one that is at least strong enough to warrant a response from Leiter.

      I’m still waiting to see similar evidence regarding Dan Filler.

      • sibusisodan

        Can you perhaps understand why, if you claim to “have read every comment to every post on this blog about TFL”, but are ignorant of the information JDE provides above – which is gleaned precisely from “every comment to every post on this blog about TFL” – then you might not be treated with much respect?

        There’s a vast, chasmic difference between ‘I’ve tried reading these threads and am having real trouble getting an overview of the facts involved, is someone willing to help me out?’ and what you originally posted.

      • a welcome change from the normal invective on this blog

        Invective!

        I have tried to keep an open mind about whether Leiter was guilty of Campos’ increasingly unhinged allegations

        There’s an open mind, free of invective.

        Fuck you.

        • Thank you for proving my point.

          • You behaved like an asshole, did not read what you said you had, were unable to make a coherent argument, and complained that people who responded to you were as rude as you are.

            You win, asshole!

      • John F

        — a welcome change from the normal invective on this blog

        isn’t invective a common feature of every un-moderated BLOG?

  • JDE

    And oh yeah, as has been said, Leiter doesn’t deny that he is Peter Aduren. So proof beyond a reasonable doubt? Perhaps not, but it’s surely substantial evidence, far more than the mere fact that Leiter likes Neruda.

    • I don’t think you should put too much stock in the failure to respond — by Leiter, by Filler, or anyone else. Do you think criminal suspects who remain silent are guilty? Did you conclude Obama was from Kenya because he waited a long time to release his long-form birth certificate?

      In my view, no one has the obligation to respond to an allegation until there is at least some credible evidence to support it. As I said above, I think Leiter should respond. But I have yet to see anything that would warrant a response from Filler.

      • Paul Campos

        “Peter Aduren” sent harassing emails to (at least) three people last weekend. These people have one thing in common: they posted critical comments about Leiter at The Faculty Lounge, where blogger Dan Filler had access to the e-mail addresses the commenters submitted in order to have their comments post (but which were invisible to viewers of the blog).

        Filler co-blogs with Leiter and Leiter’s law school blog. That is strong circumstantial evidence that Filler either sent those email addresses to Leiter, or has given Leiter access to data about commenters at TFL more generally.

        Given this, I contacted Filler, presented him with this evidence, and asked him to respond. He didn’t. So I contacted him again, and told him I would accuse him of outing anonymous commenters at TFL to Leiter. His response is in the OP above.

        There is not the slightest doubt that “Aduren” is Leiter. There is very little doubt that Filler gave Leiter the contact info for Dybbuk, MacK, and BLRT.

      • Do you think criminal suspects who remain silent are guilty?

        Which is why jurors in a criminal trial are never reminded of the defendants’ 5th Amendment right against self-incrimination……….

      • Hogan

        Do you think criminal suspects who remain silent are guilty?

        How is this relevant now? They didn’t remain silent.

        • Tybalt

          Indeed. A more appropriate question is “do you think someone who lapses into paragraphs of insane babble in response to a straightforward and pointed question about their conduct, is guilty?” The question needed a three-word answer “it wasn’t me” or at best five words: “None of your goddamn business”.

      • anon

        The information was input at TFL and 3 other blogs. In the normal course, there was no other source from the information.

        Leiter himself says he “pursued” the information and that he received it from a colleague.

        Why wouldn’t we expect a response from an academic with access to the information who hasn’t denied it?

        Filler is the founder of TFL which permits anonymous posting and does not warn people that their information may be shared with third persons who are “pursing” them. All of us who comment at TFL are due an explanation about when, if ever, that information is shared with third persons.

        For what it’s worth, silence in the face of a criminal accusation is deemed not to be an admission. But in other matters, silence is legally relevant and highly informative. There is an entire, well-established doctrine of admission by silence. Every lawyer knows that. That is the very reason we have to work so hard to maintain the criminal law’s prohibition against using silence to be an admission. (And while I could be wrong about this, lots of criminal justice systems all over the world use silence as an admission. So to cite the prohibition of that form of proof in criminal matters in the US as a matter of positive law is hardly persuasive as a logical argument.)

        In People v. Cihak, 169 Ill. App. 3d 606 (Ill. App. Ct. 1988), the court observed that “to qualify as an admission by silence or an implied admission, it is essential that the accused heard the incriminating statement and that it was made under circumstances which allowed an opportunity for the accused to reply, and where a man similarly situated would ordinarily have denied the accusation”.

        On top of that, it is just common decency for Filler to step forward and tell the truth. He is an academic. He is a Dean for Academic and Faculty Affairs. He is a lawyer who presumably models decency for the students at Drexel.

        He should speak up and academics should ask him to.

    • JDE

      I see a difference between declining to respond at all ( as one might treat a frivolous accusation) but it is another thing entirely when someone does feel the need to respond but then conveniently forgets to actually deny anything.

  • JDE

    I do wonder if my Dan Markel theory above is correct, though.

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