Category: Academia

Berkeley Police Arrest Attacker Of Conservative Activist

Zachary Greenberg, 28, has been arrested by Berkeley police after the attack on conservative activist Hayden Williams, 26, on UC Berkeley campus while trying to recruit students for a conservative group. While President Donald Trump encouraged Williams to sue Berkeley, the university actually condemned the attack and launched an investigation. For that reason, I cannot understand Trump’s criticism. I have objected to the treatment of conservatives on campuses including Berkeley, but in this instance the university seems to have acted quickly and responsibly. I fail to be the basis for a lawsuit against the university or the President’s attack on the university’s actions.

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Harvard Students Demand Dean Step Down Due To His Representations of Harvey Weinstein

Harvard students are petitioning for the removal of law professor Ronald Sullivan, the house dean (previously called House Master) of Winthrop House. The school has announced a “climate review” on whether Sullivan can continue as dean after he agreed to represent accused sexual harassers Harvey Weinstein and Harvard economics professor Roland Fryer. It appears that even the representation of people accused of sexual harassment is now considered its a threatening or improper act.

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“Federal Judges Are Appointed For Life, Not For Eternity”: Supreme Court Reverses Opinion By Deceased Judge

Judge Stephen Reinhardt of the Court of Appeals for the Ninth Circuit apparently capped his legendary career with the distinction of both published and being reversed on a decision after he passed away on March 29. The Supreme Court has ruled that the Ninth Circuit erred in allowing the opinion to be announced after Reinhardt passed. It was an astonishing and facially improper decision to publish the opinion after the death of a jurist. The Ninth Circuit was unanimously reversed — producing an increasingly rare unanimity on the Court. The per curiam ruling vacated the Ninth Circuit’s en banc ruling in Rizo v. Yovino.

The Court’s holding can be summed up in a single line: “Federal judges are appointed for life, not for eternity.”

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The Warren Wealth Tax: A Response To Professor Bruce Ackerman

I recently wrote about the constitutional questions raised by the wealth tax proposed by Elizabeth Warren given countervailing constitutional dictates and standing precedent. One of the early advocates of such a tax has been Yale Professor Bruce Ackerman who assured Warren that such a tax would be constitutional. In a Slate column entitled “Constitutional Critiques of Elizabeth Warren’s Wealth Tax Proposal Are Absurd,” Ackerman dismisses any possible constitutional challenge as not “serious” and “absurd.” Putting the hyperbole aside, I wanted to respond to the substance of the column since it makes reference to my earlier Washington Post column. As I have previously said, there are good-faith arguments on both sides of this issue and the outcome is likely to be a close vote. However, Ackerman’s reduction of countervailing arguments to absurdity not only omits key arguments but creates an incomplete account of the case against such a wealth tax.

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Happy Valentine’s Day With Lots Of . . . Professional Respect and Platonic Interest

The Foundation for Individual Rights in Education (FIRE) noted an interesting twist for students who are celebrating Valentine’s Day at the University of New Orleans: any Valentine’s Card must be clearly platonic or risk a violation of the school’s rule against any “suggestive” note or communication. However, from a legal perspective, I would suggest the greater problem is not the Valentines per se but that chubby figure known as Cupid.

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Turley To Speak At Penn Law On Presidential Power

I will have the pleasure of speaking today at the University of Pennsylvania Law School on the evolution of presidential power in the United States. I will participate in a distinguished panel entitled “Presidential Power and the Current Crisis of Executive Authority” at 4:00 to 6:00 pm at Fitts Auditorium (3501 Sansom Street, Philadelphia). The event will be open to the public.

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Yale Sued For The Hostile Environment Created By Fraternities

Yale is being sued in a class action brought by three female students who allege that fraternities create a hostile environment for women. Anna McNeil, Eliana Singer and Ry Walker object to the parties and atmosphere created by such fraternities. In their filing, they tell the court that “they have been shocked, disappointed, and disturbed by the prominent role that the Fraternities play in the campus social scene.” Many would note that there is not one social scene at Yale and that these students can simply avoid Frat parties and activities. That may be the response of the Court, which could view this as an effort in part to force Yale to curtail parties that these students do not want to attend. The filing objects to the very structure and role of fraternities on campus.

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Self-Identification or Self-Advancement? Warren’s Controversy Highlights The Long-Standing Debate Over Race Claims

Below is my column in The Hill Newspaper on the long-standing debate over self-identification of race — an issue brought again to the forefront by the Elizabeth Warren controversy. There is a broader issue here that impacts universities and businesses on how race should be confirmed when used professionally or academically or financially. There is an ongoing debate over self-identification of race and whether such questions are simply cultural rather than genetic.

For Warren, the desire to focus on her race announced this weekend may be overshadowed by the other race issue.

Here is the column:

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University of Virginia Investigates Fraternity and Sorority For “Cultural Appropriation” Offenses

According to The Cavalier Daily, the University of Virginia is proceeding against a fraternity and sorority for “engag[ing] in alleged cultural appropriation” during chapter-sponsored activities. The violations involved students at the Kappa Sigma fraternity dressed as American Indians and members of the Zeta Tau Alpha “wearing sombreros and holding maracas.”

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GW Panel To Discuss The Need To Drop “The Colonials” as School Mascot

We previously discussed the move by some students to drop the long-standing name “Colonials” for George Washington University. The moniker has been associated with GWU for roughly a 100 years. However, this week a panel at GW will discuss the concerns over the use of the name and the possible need to adopt an alternative nickname, including one based on the hippo mascot. Before we embrace GW “hippocrites” or some other nickname, I would like to again voice my support for The Colonials.

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Professor Suspended After Reading Literary Work Using N-Word

We have previously discussed protests over professors using the n-word in hypotheticals or as part of a course on hate speech. Professors are being denied basic academic freedom over such content to courses. The most recent such action was taken against Professor Phil Adamo of Minneapolis’s Augsburg University. He has been suspended for using the n-word during a classroom discussion about a James Baldwin book which uses the word.

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ABA Rejects Proposal To Require Minimum Bar Passage Rate For Accreditation

The American Bar Association has been trying to crack down on schools that allow students to rack up huge debt but show low bar passage or employment rates. At the same time, the ABA has fought for greater diversity in the bar. Those two policies collided this week over a proposal to require at least 75 percent of law students at accredited schools to pass the bar exam no later than two years after their graduations. That would seem a modest and reasonable condition. However, the proposal was rejected because it was viewed as ‘unfair to institutions that serve minority students,” according to Inside Higher Education.

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Stanford Professor Stops Teaching Course On American Indian Mythologies After 50 Years Due To Protest

For 50 years, Stanford Professor Kenneth Fields has taught the course “American Indian Mythology, Legend and Lore,” Professor Fields has agreed to stop teaching the course. A nationally recognized academic and poet, Fields dropped the course after some students accused him of being “insensitive and inappropriate” and circulated a petition requesting to “improve” the course. The bases for the protest raise serious issues of academic freedom and the lack of of support for faculty in such disputes.

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Legal Groups Around The World Rally Behind Turkey’s Dwindling Bar On The International Day Of The Endangered Lawyer

Today, the global bar groups rallied in support of the rule of law on the “International Day of the Endangered Lawyer.” The international effort is designed to draw attention to the thousands of lawyers and judges killed or imprisoned each year as they fight for basic legal rights in countries from China to Iran to Venezuela. However, no bar is more devastated than the one in Turkey where thousands of lawyers have been imprisoned and tortured for fighting the authoritarian regime of Recep Tayyip Erdogan. Despite the praise from our president, Erdogan has continued a comprehensive campaign against the free press and political dissidents. This campaign however first required the elimination of thousands of lawyers to eradicate the rule of law to make way for his brutal religious-based authoritarian rule.

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Notre Dame To Cover Up Historic Painting Of Columbus

YouTube screenshot

I have been writing and speaking about the movement to remove statues that range from confederate leaders to Columbus to Supreme Court justices to Founders (here and here and here and here).  This includes the calls for the removal of monuments to George Washington and Columbus. Now, the University of Notre Dame President John Jenkins has announced that a historic mural by Luigi Gregori will be covered up due to objections to the harm caused to Native Americans by Columbus and those who followed him. The famous mural depicting Columbus’ life and exploration was completed in around 1882. As should not come as a surprise to many on this blog, I view the decision as a mistake and a missed opportunity.

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