There is a major development in the movement among universities and colleges to boycott Israeli universities over objections to its treatment of the Palestinians. The influential American Studies Association on Monday endorsed the boycott with mover 3000 of its members voting and 66 percent supporting the action as a response what they view as a pattern of human rights violations by Israel. It is a major victory for academics pushing for cutting off ties to Israeli educations institutions.
The University of Colorado is reeling from the disclosure that its cultural diversity coordinator with the Ethnic Studies department, Resa Cooper-Morning, is under investigation for allegedly operating a phone sex business while working for the university. Cooper-Morning, 54, is on paid leave while the University is investigating the matter. In 2008, the University of Colorado honored Cooper-Morning for her work at the university and how “her engaged and respectful participation in department dialogue touches the intellect and spirit of everyone involved.”
Submitted by Charlton Stanley (aka Otteray Scribe), Guest Blogger
“It is better that ten guilty persons escape than that one innocent suffer.”
– Sir William Blackstone KC SL, Commentaries on the Laws of England (1765)
Sir William Blackstone
One of the oldest cliché movie scenes of the past half century is the Gestapo agent, wearing a monocle, slapping a riding crop against his gloved hand, saying with a leer, “Ve haf vays of making you talk…..” Unfortunately, that caricature figure has come to life in in recent years, taking the form of rogue psychologists, unscrupulous investigators, and even the Vice President of the United States.
My motivation to write this is because of a phone call a few weeks ago. An old case I worked on back in the 1980s resurfaced with that phone call out of the blue. Of all the cases I ever worked on, the one I got the call about has been the most bothersome. It involved a murder, a coerced confession, a judge with a troubled psychological burden of his own, and a jury that would not believe confessions could be coerced. Plus, a district attorney with a reputation of wanting to win at any cost. Since this case has resurfaced and the new investigation is still under way, I can’t say too much about it now. As details become public, I will be writing more.
Let me start off by saying that most confessions may be legitimate, but since we have no way of knowing how many are false, no solid statistics are possible. The simple fact that so far, over three hundred people have been released from prison due to wrongful convictions is enough to give one pause. It is reasonable, based on the number exonerated so far, to assume there are a lot of them. We just don’t know which ones. Not all those overturned convictions were due to false confessions, but about a fourth of them were. If a defendant does make a false confession, and there is solid DNA evidence showing the defendant to be innocent, juries convict over 80% of the time, despite the physical evidence. One thing I find curious is the fact some prosecutors continue to prosecute cases even after the physical evidence proves they have the wrong person.
We have yet another example of school administrators opposing a child over innocent behavior. We have followed the zero tolerance lunacy that has taken hold of schools across the country on guns and drugs where kids are suspended for finger guns or aspirin. We have seen that same blind, senseless application of rules regarding contacts between students including suspending teenagers seen exchanging a kiss. Now a six-year-old boy has been suspended for kissing a girl on the hand as a sexual harasser. That’s right, officials in Canon City, Colorado have nailed a six-year-old sexual harasser under its zero tolerance rules. Hunter Yelton admits that he has a crush on a girl at school and, during a reading group, he leaned over and kissed her on the hand.” That is when he was nailed as a serial harasser by the administrators at Lincoln School of Science and Technology in Canon City.
We have previously followed the suspensions and discipline of students under zero tolerance policies that are used by teachers to justify zero judgment or responsibility. I have long criticized zero tolerance policies that have led to suspensions and arrests of children (here and here and here and here and here). Here is a prior column on the subject (and here).Children have been suspended or expelled for drawing stick figures or wearing military hats or bringing Legos shaped like guns or even having Danish in the shape of a gun. Despite the public outcry over the completely irrational and abusive application of zero tolerance rules, administrators and teachers continue to apply them blindly. We can now add Johnny Jones, a fifth grader at South Eastern Middle School in Fawn Grove, Pennsylvania. It was not a finger gun this time. It was an imaginary bow and arrow. That’s right, an imaginary William Tell.
Universities UK (UUK) is an advocacy organization whose members include just about every university in the United Kingdom. UUK provides its members with policy guidelines regarding all aspects of university life. The UUK recently released a report advocating a policy of gender segregation to preserve the freedom of speech of external speakers. The report uses a hypothetical case study of a representative of an “ultra-orthodox religious group” whose freedom of speech is imperiled if his demands for gender segregation in the seating arrangements aren’t met.
This morning I will testify in Congress before the House Judiciary Committee on “The President’s Constitutional Duty to Faithfully Execute the Laws.” The hearing will address areas where President Obama has ordered the delay or nonenforcement of federal laws. While I happen to agree with some of these policies, I have great reservations about this record and its implications for the separation of powers.
Julius Nyang’Oro, the former chairman of the Department of African and Afro-American Studies at the University of North Carolina at Chapel Hill has been charged with a felony count of obtaining property by false pretenses. The charge is exceptionally rare because it involves $12,000 that Nyang’Oro received for a summer course that he taught. While the course originally was meant to have regular classes, Nyang’Oro structured the class as an independent paper course. Notably, the university did not actually lose the $12,000 but recouped it in his final paycheck. Before his resignation in 2012, Nyang’Oro had a roughly $160,000 a year salary.
It is that time of the year for our annual blawgletting — the ABA top blog competition. We have once again been selected as one of the top 100 legal blogs and this year inducted into the Hall of Fame. It appears that, as an inductee, this will be our last year to compete for top blog so we should go out with a bang. We are in the highly competitive News/Analysis category and it is time to release our minions upon the field for one last blog battle. You can vote here. It just take a few seconds to register to avoid vote rigging.
There is a new study out of the University of Japan that explains a lot to people who find cats, including their own, remarkably aloof and uninterested in them. The study suggestions that pet cats are capable of recognizing their owner’s voice but simply choose to ignore them. This, it is suggested, was the result of a long evolutionary history that selected such dismissive traits.
I am very happy to report that our blog has been inducted into the ABA Journal’s Hall of Fame for legal blogs around the world. We just received word this afternoon with the start of this year’s competition for the top News/Analysis blog. This is also our sixth year in being selected as one of the top 100 legal blogs in the world. Of course, this is the closest that an endomorphic law professor can get to any Hall of Fame. I am grateful to the ABA Journal staff not just for this distinction but for holding this competition each year to feature the wide variety of legal blogs. For all of us who were the last to be selected on sports teams growing up, this is our pudgy, wheezing victory lap. While people like Pete Rose may be a hundred times more athletic, we made it into the Hall of Fame (pending any last minute gambling scandals).
The selection for the Hall of Fame is latest distinction given this site which has strived to offer an alternative forum for those interested in passionate but civil discourse over the legal cases and issues of our day. Special thanks go to our talented and popular weekend team of guest bloggers: Mike Appleton, David Drumm, Mark Esposito, Gene Howington, Elaine Magliaro, Larry Rafferty, Darren Smith, Mike Spindell, and Charlton Stanley. I owe them a great debt for their insightful and gifted postings. The greatest thanks however goes to our readers and commenters who have placed this blog in the top ten most visited legal blogs in the world according to AVVO. We have strived to maintain a civility rule while discussing issues that may divide us. We do not want to be another echo chamber for one ideology or viewpoint. There are ample conservative and liberal sites that cater to that desire for reaffirmation. We value dialogue and different views. While we occasionally have some who stray into personal remarks, we have been remarkably successful in maintaining a high level of discourse. We even have some fun with the more bizarre legal and social stories.
We hope that all of our regulars will take the time to go and vote for the blog in the heavily competitive News/Analysis category. You only have to do a quick registration (used only to prevent vote stuffing) and then you can VOTE HERE.
I have had numerous readers and reporters send me links on the scandal that has taken hold of Case Western Reserve University in the last few weeks. Dean Lawrence (Larry) Mitchell has taken a leave of absence after a lawsuit accusing him of a pattern of sexual harassment and other abuses. Frankly, I have not posted anything on the story because Mitchell is a former colleague of mine at George Washington University and allegations from his time as a law professor at GWU have been raised as part of the lawsuit. I have no personal or direct knowledge of the GWU allegations of relations with students but I wanted to see if the matter was quickly resolved. It was not and appears, if anything, to be getting worse. Given the inquiries from readers, I felt that I would give an accounting of the current status of the controversy and the legal issues raised in the lawsuit. Given my position at GWU, I do not feel that it is appropriate to discuss those allegations.
I often express bewilderment at the actions of public school administrators particularly in their enforcement of zero tolerance policies. However, what happened at Lakeview Middle School was not only wrong but a bit creepy in the defense of a senseless policy with Dr. Phil-like pseudo-pyschological rhetoric. When sixth-grader Caitlyn Jackson, 12, died on Saturday, her classmates came up with a wonderful idea of making teeshirts in her favorite colors to honor her on Monday. Students spent the weekend preparing the teeshirts. However, when they arrived, school administrators ordered them to take off the t-shirts or turn them inside out or put tape over Jackson’s name. The reason? After hearing about the preparation of the students over the weekend, they decided it violated a ban on “permanent memorials” and was not healthy of students to be reminded of the loss. Of course, they did not tell parents and waited to traumatize the students at school. Eventually, after an outcry and anger from parents, the students were allowed to take the tape off and wear their teeshirts.
I know how you expect that sentence to end. We have covered endless stories of Christian schools abusing teachers or students due to their perceived lack of faith or morals. However on this occasion, the line ends something like this: “Student Class President Comes Out As Atheist And Christian College By Supporing Him.” That’s right, when Eric Fromm, 21, announced in an article that he is an atheist, he said the school and fellow students at Northwest Christian University went out of their way to assure him that he was valued and appreciated as part of their community. It is a good thing. A happy story. Such places do exist where religious people are both tolerant and pluralistic. Continue reading “Student Class President Comes Out As Atheist And His Christian College Responds By . . .”→
We have previously discussed the inspiring story of Malala Yousafzai, who has captivated the world in her struggle after being shot in the head by Muslim extremists for her advocacy of female education. It is a story that appears destined to be read around the world but not in Pakistan where various organizations have banned it from private schools. One educator objected that she referred to the Prophet Muhammad without using the abbreviation PBUH — “peace be upon him.” For that, she is viewed as a dangerous heretic not a heroine.
There is a major development in the movement among universities and colleges to boycott Israeli universities over objections to its treatment of the Palestinians. The influential American Studies Association on Monday endorsed the boycott with mover 3000 of its members voting and 66 percent supporting the action as a response what they view as a pattern of human rights violations by Israel. It is a major victory for academics pushing for cutting off ties to Israeli educations institutions.
