Below is my column this morning in USA Today on a campaign by the Obama Administration to pressure colleges and universities to reduce due process protections for students accused of sexual harassment and sexual violence. I have previously written a letter to my own university opposing some of these specific changes, though (like many schools) George Washington appears to be yielding to the pressure. I understand the concern of the Administration and the need to protect victims in this difficult process. We are all committed to maintaining a protective environment for both students and faculty. However, there are other ways to offer such protections without stripping away core due process protections in my view. My greatest concern is with the sexual violence cases because these adjudications will have a lifelong impact on the students (or faculty members) as well as consequences for collateral criminal proceedings. The column below is slightly expanded with material cut for space in the newspaper version.
Category: Academia
Those crazy secularists (and Pat Robertson) are at it again. While creationists (including many of our elected officials) insist that the Earth is roughly 6,000 years old because the Bible says it is, paleontologists continue to put their radioisotopic data before biblical passages in estimating the age of fossils. The scientists claim to have found the world’s oldest dinosaur, which they claim walked the Earth 235 million years ago.
One hour ago, our blog passed the 14,000,000 viewer. The fact that we only recently passed the 13,000,000 viewer mark reflects the impressive growth of this blog. Congratulations everyone. Now if we could only get .000001 of those viewers to vote for us on the ABA blog competition we could crush the competition! If you (are any distant relative, incompetent ward, or pet) has not voted, you can vote here and cast your vote today!
Sinclair Community College in Dayton, Ohio has forced a construction crew to stop working after workers put up a warning sign reading “Men Working.” According to the report below, the college declared that the sign was “sexist and non-inclusive” and had to be removed before any further work resumed.
Continue reading “Ohio College Stops Construction Work Due To Use Of “Men Working” Sign”
Submitted by Elaine Magliaro, Guest Blogger
In August, I wrote a post about Louisiana’s new school voucher program (Stateside Louisiana: School Vouchers and the Privatization of Public Education) that would use tax dollars earmarked for public education to pay for students’ tuitions to private and religious schools. Last week, State District Judge Tim Kelley “declared the diversion of funds from the Minimum Foundation Program (MFP) — the formula under which per pupil public education funds are calculated — to private entities was unconstitutional.” The voucher program is funded by a block-grant program that “Judge Kelley ruled is restricted by the constitution to funding only public schools.”
“Nowhere was it mandated that funds from [the block-grant program]…be provided for an alternative education beyond what the Louisiana education system was set up for,” he [Judge Kelley] wrote. The state can legally fund vouchers, but the funding “must come from some other portion of the general budget,” Judge Kelley said.
The judge, however, did not issue an immediate injunction to stop the voucher program. “The 5,000 students currently receiving vouchers will be able to continue attending their private schools pending an appeal, state officials said.”
Continue reading “Louisiana School Voucher Program Ruled Unconstitutional in State Court”
Below is my column today in the Sunday Chicago Tribune on the recent denial of review by the Supreme Court in the Illinois eavesdropping case that we discussed earlier.
Submitted by: Mike Spindell, guest blogger
One of the sad lessons one learns, if they live long enough, is that permanency is an illusion. There was a time when most Conservatives in the United States actually cared about the country and its’ people. It’s not that I’m wistful for some bygone era that exists only in my mind, because I’m well aware that the 40’s, 50’s and 60’s were tumultuous times for many including myself. Nor do I have any great love for Dwight Eisenhower and/or Barry Goldwater who I did not vote for in 1964. Yet with all their conservative beliefs, these were men who actually understood something about the needs of people and the motives of some who would call themselves religious leaders. Many of us who have lived long lives remember when the public political discussion in this country contained actual, factual debate, containing depth of ideas, rather than the invective we hear today. The Republicans of the Eisenhower era understood that there was a social contract that existed in this country to ensure that there was a healthy, financially flourishing Middle Class, which is the engine that drives a prosperous modern society. Also Barry Goldwater, who was known as “Mr. Conservative” understood the danger that the Religious hucksters had for his party and the necessity of politicians to compromise. He would ridicule those prominent politicians in his party who would reject the ideas of evolution and blind themselves to science. He also really did believe that government had no business prying into essentially private matters. I disagreed with him on most things, but I at least could respect him, which I can’t do for many prominent politicians of today.
What happened? You know I’ve written about my theories in many of my guest blogs, what are yours?
Washington, D.C. had the worst high school graduation rate in the country in 2011 — down roughly 20 percent from just two years ago. The drop appears partially the result of a new (and better) accounting system that tracks actual students rather than allowing a ridiculous calculation method that tended to inflate numbers. Nevada had the lowest graduation rate of any state (62 percent) and D.C. did worse than Native American reservations (61 percent). The best state was Iowa with 88 percent followed by Vermont and Wisconsin (both at 87 percent).
Continue reading “D.C. Schools Post the Lowest High School Graduation Rate In The Nation”
The ABA Journal has released its list of the top 100 legal blogs in the world and we are once again in this august group of blogs. Congratulations to all of our regulars contributors and weekend bloggers. We have previously taken the top spot under the opinion category in the past but the ABA has now eliminated that category. Even more ominous was the decision to put the largest blogs in direct competition under an expanded “News/Analysis” category. This includes the long dominant “Above the Law” site. We would have to punch considerably above our weight to beat “Above the Law,” which is ranking regularly in the top two most visited legal sites in the world. Frankly, it is like a dingy going up against a battleship. However, we have never flinched in the face of superior numbers. So it is time to vote! It takes a very quick registration. Just click here and cast your vote today!
Continue reading “TURLEY BLOG MAKES ABA TOP 100 — NOW IT IS TIME TO VOTE FOR THE TOP BLOG!”
Submitted by: Mike Spindell, Guest Blogger
As a visceral person who loves film, I am easily moved when I watch productions that connect the struggles of human beings with the vicissitudes of life. This week I watched such a creation and its’ genius was that it led me to thoughts larger than the particular subject of the program. Hubris is an ancient Greek word that can be thought of as indicating: “a loss of contact with reality and an overestimation of one’s own competence or capabilities, especially when the person exhibiting it is in a position of power”. http://en.wikipedia.org/wiki/Hubris . To the ancient Greeks, hubris played an important part in their philosophy and in their philosophic expression in Greek dramas. In those times sexuality was also deeply intertwined in its examples. However: “In its modern use, hubris denotes overconfident pride and arrogance; it is often associated with a lack of humility, though not always with the lack of knowledge.” I intend to extrapolate from one desperate time in American history a sense of what fault it exposes in a macro-cosmic human sense.
Along with the “Great Depression” in the United States, an ecological disaster occurred and added to the general economic misery of the country. This was the advent of the “Dust Bowl” in the agricultural “heartland” of our country. The documentary I watched was “Ken Burns: The Dust Bowl” which I’ll link at the end of this guest blog. From 1930 through 1940 immense dust storms, with ever increasing frequency, began to plague this area along with a parching drought, devastating this formerly fertile region. As the farming economy shrank, children died and farm folk were driven into despair, it became apparent that this ecological disaster was brought about by the people who had worked the land into becoming among the most productive farmlands in the world. I watched this documentary, tearing up frequently at the human misery I saw and clenching my jaw in anger at the sheer cupidity that caused it. I was rediscovering a part of our history that I had known little about except for where it happened. By retelling this tale though I want to make a larger point. The Greeks had it right about humanity in general, in that as we have become masters of this planet, so many of us have so often been laid low by the hubris of thinking ourselves completely in control of our world and immune to the effects of nature. Continue reading “Humanity’s Hubris”
Happy Thanksgiving to everyone. This is my favorite holiday with all of the essential elements of joy: food, friends, and football. Continue reading “HAPPY THANKSGIVING!”
Many of us were irate over the disclosure that our school had been misreporting data to U.S. News — resulting in GW being stripped of its ranking as a top 50 college. The university has now released more information on this calamity in a posting from Vice Provost Forrest Maltzman.
Submitted by: Mike Spindell, guest blogger
While the United States of America is many things to many people, it is not as is popularly conceived a Democracy and it never has been. This view is not coming from a perspective of politics, but one of stark reality. The thinking of the overwhelming majority of our Founding Fathers, as embodied in the Constitution they wrote, was certainly not to give power to the masses. I don’t believe this point is in dispute by the majority of Constitutional experts, despite their various positions on the political spectrum. Most politicians with self-awareness and intelligence have always known that we are not a Democracy as a country, despite the fact that most also proclaim it to be a Democracy. The problem with what I just wrote is that defining Democracy is a very slippery process and as I will show, the word means very different thing to many different people.
Permit me to begin by defining Democracy in terms of the myth that has been created around it in American parlance: “Democracy represents both the Will and the Rule of the People over their government. As such it is the best form of government for all”. Whether we believe it or not all Americans have grown up under this national myth and its’ use is ubiquitous to both domestic and foreign policy. The many wars this country has fought were prosecuted in the interests of this myth of Democracy, whether in destroying the Axis in World War II to save the world, or to nurture its creation and existence in numerous foreign lands. A student of history understands that the reasons for the wars America has fought are far more complex and ultimately self-serving than protecting Democracy. Nevertheless, to initially go to war, a populace must be energized by the belief that it will be fought for a higher purpose, in order to send it young adults to fight and potentially die. This energy in America usually has come from a combination of the myth of protecting democracy and a general threat to all the people. The simple rubric in my lifetime and in the history before it, is that we are fighting for Democracy. I will explore this myth, so central to our lives of citizens and discuss its implications. Continue reading “Democracy in America: What Does it Mean?”
George Washington University has been formally moved from the ranking as 51st among colleges to the “unranked” category by U.S. News and World Report after the University admitted that it had misreported statistics for years that inflated its standing. It is a disgraceful admission for the school and faculty are demanding more information from the Administration on who was aware (and who is accountable) for this latest academic scandal in annual reporting.
We often discuss the work of Jeremy Bentham in torts as one of the leading figures in the utilitarian movement — the scholar who coined the phrase “the greatest good for the greatest number.” Many students, however, remember him primarily for his preservation in a wooden cabinet called his auto-icon from which he would be removed annually to preside over meetings of his society of friends and even given a glass of sherry. The University College of London removed Jeremy last week to give him, or at least his auto-icon, an extreme makeover. The good guy looked pretty good for a 160 year old mummy.