Ethics Observations on the Harvard/Columbia “Nakba” Article Episode

What’s Nakba? It is a pro-Palestinian framing of the forever conflict in the Middle East between Israel and the Palestinians. Nakba refers to the beginning, when the United Nations announced its two-state resolution of the Palestine conflict with Israel getting one of them, and the Arab states along with the Palestinians attacked the new Israel territory with the objective of making the Israeli state a single Palestinian state. Israel won, and that historical episode is referred to as Nakba, “the disaster,” by the Palestinians.

I view it as the equivalent of the die-hard Confederacy fans in today’s South calling the Civil War “the war of Northern aggression.” It’s a false and biased framing that justifies everything the Palestinians do and try to do to Israel (like wiping it off the map), including terrorism. It is the reverse of the more correct and honest Israeli framing, which is that Palestinians could have had their state in 1948, tried to wipe out Israel instead, and now reside in the mess of their own making.

Soon after Hamas’s October 7 terrorist attack (the hostages appear to all be dead by the way, which should have been assumed by now), the Harvard Law Review asked Rabea Eghbariah, a Palestinian doctoral candidate at Harvard Law School and human rights lawyer, to prepare a scholarly article taking the Palestinian side of the latest conflict. Eghbariah, who has tried landmark Palestinian civil rights cases before the Israeli Supreme Court, submitted one, a 2,000-word essay arguing that Israel’s attack on Gaza following the Hamas act of war should be evaluated through the lens of Nakba, and within the “legal framework” of “genocide.”

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Nice Try, Columbia! (Well, Not Really…)

Universities and colleges have made it pretty clear so far that they fully intend to continue to engage in “good racial discrimination” in admissions despite the Supreme Court finally declaring affirmative action what it is and has always been: unfair, illegal and unconstitutional. Chief Justice John Roberts, who wrote the majority opinion in the Harvard and University of North Carolina cases, inadvertently (or not) gave the green light for this: he noted that a black applicant could still get an edge by signalling his or her diverse “experiences” and exemplary character in the face of adversity by writing an essay about dealing with the traumas of racism. Now administrators know they can favor black applicants over white and Asians (who can be seen above at Harvard demonstrating for discrimination against themselves) on the basis of race if they’re clever enough about it.

This wasn’t clever enough: Columbia Law School’s admissions page on its website this week announced that “all applicants” had to submit a 90 second video answering a “question chosen at random.” You know, like “What race am I?” The requirement was supposedly intended to “allow applicants to provide the Admissions Committee with additional insight into their personal strengths and academic or other achievements.”

All it took was a wave of critical social media posts flagging Columbia’s lame trick to persuade the law school that it needs to come up with something else. The video requirement didn’t even last the day.

A spokesperson told reporters that the video statement requirement was “posted in error.”

Sure.

Wait…WHAT? Where Does A Law School Get Off Ordering Students Not To Talk About George Clooney’s Wife?

Of course, Columbia could order Amal from not dressing like this, but that would be outrageous.

Of course, Columbia could order Amal from not dressing like this, but that would be outrageous.

Every day, I am more amazed that I got through my formal education without being suspended, expelled or arrested.

From the New York Times:

At 10:30 a.m. on Monday, Amal Clooney walked into Classroom 103 in William and June Warren Hall at Columbia Law School. The human rights lawyer and wife of the actor George Clooney …was by herself, far from the tangle of paparazzi who gather outside the Carlyle hotel, where the couple are staying while Mr. Clooney is in town making “Money Monster,” a film directed by Jodie Foster and co-starring Julia Roberts. Ms. Clooney, 37, greeted a man preparing slides for the class in human rights for which she is a guest lecturer this spring. As she spoke, passers-by peeked at her through the sliver of glass in the door. If anyone had thoughts to share about Ms. Clooney, they weren’t talking.

“We are under strict orders not to discuss her or anything about her class,” said a student who declined to give her name. A representative from the law school politely asked a reporter to leave.

What? WHAT? Columbia University can’t “order” students not to talk about a professor! How did they get the idea that they could, or that it was appropriate to try? Of course, Columbia of late has shown less than a sterling respect for the values of academic freedom and the Bill of Rights. Still, this is pure abuse of power.

WHAT? What kind of jello-spined, ignorant, submissive worm are they admitting to Columbia who would accept such outrageous “strict orders”? [ Well, we do have some strong indications…] I couldn’t care less about Ms. Clooney, but if my law school said that to me, I’d hold a press conference.

WHAT? Why  does this woman, who voluntarily thrust herself into the limelight, warrant special privileges that justify restricting a law school’s students right to talk about anything they want to?

University classes have been taught for more than a century by men and women with far more impressive accomplishments and greater fame than Amal Clooney. Shouldn’t Columbia be combating celebrity culture rather than catering to it?

Any students who meekly accept such restrictions on their speech and autonomy are too craven to be trusted to practice law, and no institution that would demand such restrictions should be trusted to teach them.

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Pointer: Above the Law

Facts: New York Times

KABOOM!* Our Hyper-Sensitive Future Lawyers

headexplode

Well, friends, for the second time this month my brains are on the ceiling, walls and floor again, and I’ve had to gate the dog so that…well, you know.

Columbia Law School announced that it is permitting students who are so devastated by recent non-indictments in the Michael Brown and Eric Garner matters to postpone taking their final exams. Isn’t that nice?

By “nice, “I mean stupid, irresponsible and embarrassing. You can read the Dean’s nauseatingly delicate statement here: I don’t want it polluting the blog, so I’m not going to quote it. Besides, if I look at it again, who knows what else might be on my walls. Continue reading