Yale

The New York Times Mourns The Likely Loss Of Kangaroo Courts For Male Students Accused Of Rape

/ Jack Marshall / 11 Comments

Back in June, I wrote about the Connecticut Supreme Court deciding that a student accused of rape and expelled by Yale University could sue the female student who accused him for defamation because the hearing that resulted in his expulsion lacked due process, including the ability to cross-examine witnesses. Today the New York Times bemoans the development as the lawsuits by Saifullah Khan against his accuser and Tale can proceed. Khan was found guilty by Yale in a process that did not permit him to face his accuser, a female student who had graduated, as she gave a statement by teleconference to a university panel. Nor could his lawyer, under the rules of the hearing, cross-examine her. Yet before the hearing, Khan had been found not guilty of the crime in a criminal proceeding where his accuser was cross-examined sharply.

In June, I wrote in part, “The Connecticut Supreme Court ruled 7-0 that a former Yale student is not immune from being sued for defamation by the male student she accused of raping her. Saifullah Khan was found not guilty in a criminal trial of raping “Jane Doe” in her dorm room in October 2015 in what Khan insisted, and a jury agreed, was an incident of consensual sex. Yale had expelled Khan using the “preponderance of the evidence” standard forced on educational institutions by the Obama Department of Education. The court determined that because Khan had fewer rights to defend himself in university proceedings, which, again prompted by the Obama administration, provided limited due process protections, his accuser should not benefit from the civil immunity granted to witnesses in criminal proceedings. “Statements made in sexual misconduct disciplinary proceedings that are offered and accepted without adequate procedural safeguards carry too great a risk of unfair or unreliable outcomes,” the unanimous opinion held….

“The Connecticut ruling is likely to be an influential one, cited in future cases. Nonetheless, it comes too late for many students caught in the trap Obama’s DOE “Dear Colleague” letter set. The elimination of fairness and due process protections from college and university disciplinary proceedings after sexual assault accusations led to hundreds of lawsuits and egregious injustices. If the result of this decision is that female students take special care that their claims are legitimate and provable, it will restore much needed balance and fairness to process that was warped by the destructive “Believe all women” fixation.” Continue reading →

“Curmie’s Conjectures”: Another Case from Yale, This One with a Twist

/ Jack Marshall / 8 Comments

by Curmie

I had a post about half-written, talking about the fact that SCOTUS justices are nominated and confirmed (or not) primarily for their adherence to certain political principles rather than for their integrity, judgment, legal expertise, or temperament. 

‘Twas not ever thus.  In my lifetime, five SCOTUS Justices were confirmed by a voice vote and three others received all 100% of the votes. Another seven received at least 80% of the votes.  But of the current members of SCOTUS, only Chief Justice Roberts received majority support from Senators of both parties… and that was by a single vote.  Justice Thomas, who’s been around the longest, is the only currently-serving member of the Supreme Court to have been confirmed by a Senate controlled by the party not in the White House at the time.

This, I was about to argue, makes the process depressingly predictable: liberals over here, conservatives over there, with Roberts as the closest thing to an unreliable vote for “his side.”  I was getting around to talking about the allegations against Justice Alito: did he really do something wrong, or is furor mostly partisan in nature?  Answer to both questions: yes. 

But then, despite the predictable split in the two Affirmative Action cases, we also see Gorsuch writing a scathing dissent on Arizona v. Navajo Nation, Barrett and Kavanaugh voting with the liberal bloc on Moore v. Harper, and Jack saying pretty much what I would have said about the Alito case.  I may want to return to the general outline of my half-written essay at some point in the future… but the timing isn’t right, now.

So let me go off in a different direction and talk about a faculty member dismissed from an elite university for her political statements.  The headline on the FIRE article begins “Yale shreds faculty rights to rid itself of professor…”  Certainly we’ve seen a fair amount of that kind of fare here on Ethics Alarms.  What’s different is what follows in that title: “…who called Trump mentally unstable.”  Well, that sure goes against the whole “universities are cesspools of Woke indoctrination” mantra, doesn’t it?

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A Student Wrongly Accused Of Rape Can Seek Damages From His Accuser, And Rightly So

/ Jack Marshall / 15 Comments

Maybe this case helped convince Donald Trump that he should sue E. Jean Carroll, the victorious plaintiff in the sexual assault case against him, for defamation.

The Connecticut Supreme Court ruled 7-0 that a former Yale student is not immune from being sued for defamation by the male student she accused of raping her. Saifullah Khan was found not guilty in a criminal trial of raping “Jane Doe” in her dorm room in October 2015 in what Khan insisted, and a jury agreed, was an incident of consensual sex. Yale had expelled Khan using the “preponderance of the evidence” standard forced on educational institutions by the Obama Department of Education.

The court determined that because Khan had fewer rights to defend himself in university proceedings, which, again prompted by the Obama administration, provided limited due process protections, his accuser should not benefit from the civil immunity granted to witnesses in criminal proceedings. “Statements made in sexual misconduct disciplinary proceedings that are offered and accepted without adequate procedural safeguards carry too great a risk of unfair or unreliable outcomes,” the unanimous opinion held.

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At Yale, An Unethical Question And An Ethically Ignorant Answer

/ Jack Marshall / 17 Comments

Senator Ted Cruz (R-Tx) was recording a live episode of his podcast “Verdict” at Yale with his co-host, conservative writer Michael Knowles. The topic was the confirmation of Ketanji Brown Jackson as the next member of the Supreme Court, but a student, “Evan”, asked Cruz a question that was juuust a bit off-topic.

“Assuming it would end global hunger, would you fellate another man?” Evan queried as the audience guffawed. Hahahaha, you’re an asshole, Evan. The question is rude, unserious, and designed to embarrass a U.S. Senator. It’s Golden Rule breach, of course, because the question is of the “when did you stop beating your wife?” variety. For a conservative like Cruz, any answer would get him into trouble.

I would have shut the student down, myself, and asked him to leave. A question like that is the live equivalent of trolling. Instead, Cruz threw the question to his co-host.

Big mistake.

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Morning Ethics Warm-Up: Snap Out Of It!

/ Jack Marshall / 9 Comments
https://www.youtube.com/watch?v=7va62mL_LYU

This morning, instead of the usual grainy 1930’s movies TCM usually shows before noon, it was featuring “Casablanca” for some reason. It’s a good thing, because the recent news had me heading for the bridge. As usual, the legendary singing duel at Ric’s between the Nazis and the French put me in a defiant mood, so I decided it was a good time to bring back the incredible Mirielle Mathiue and one of her signature performances of “La Marseillaise.” I’m a big fan of “The Star Spangled Banner,” but as inspiring national anthems go, this is the gold standard.

Now I feel better, and will at least until I finish this post.

1. You want racial conflict? This is how you get racial conflict. One benefit of the warm-up format is that I can write as little as possible about things that would make me up-chuck if I had to compose full posts about them. Following on the “systemic racism” myth, Oakland, California is launching a guaranteed income experiment called Oakland Resilient Families. 600 families in the city will receive $500-a-month payments over the next 18 months “to eliminate racial wealth inequalities.” Oakland’s guaranteed income program is only for low-income black, indigenous, and people of color, or BIPOC, families.

Whites cannot apply. If Oakland’s whites are poor, they have no excuses. They are just lazy, useless losers, I guess.

Families must apply online in the coming weeks and months in order to enter a pool of potential recipients, from which eligible families will be randomly selected to receive the cash payments.

I don’t have to explain what’s unethical about this, do I? Or what’s stupid about it? Or irresponsible?

In related news, a Kentucky mother is in custody on murder charges after her 2-year-old son overdosed on fentanyl while she slept. She had bought the drug with her stimulus money.

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Sunday Ethics Reinforcements, 2/7/21: The “Don’t Watch The Concussion Bowl” Edition

/ Jack Marshall / 4 Comments

Brain Damage football

Ethics Alarms has been chronicling the mounting evidence that pro football condemns a large percentage of its players to future dementia and premature death for a long time, often in conjunction with what a Georgetown professor friend calls “The Concussion Bowl.” Many of those posts are here, under the CTE tag. Incredibly, the NFL has done little to stop the carnage, perhaps because seriously addressing the inherent damage to brains caused by a necessarily violent sport would end football as we know it, and that would cost owners, TV networks, colleges and merchandisers billions. Can’t have that.

Equally amazing, the public and the news media have allowed the NFL to get away with distracting from its unethical priorities with the flagrant and cynical virtue-signalling of pandering to Black Lives Matter. I’m pretty sure that when it is all tallied, the NFL will have killed more innocent black men by far than all the brutal police officers over the same period. But most people just don’t care. If they cared one hundredth as much about athletes getting permanent brain damage for their Sunday (Monday, Thursday) TV viewing as they do about a single ugly incident where an overdosing lifetime petty crook died under the knee of a Minneapolis cop, there would be action. Not riots and take-overs of public property, but serious, effective action, including safety regulations.. Football would have to change, evolve, or vanish. The public and the media (and government officials) don’t care, and neither do the NFL executives. If Colin Kaepernick had performed his on-field protests against CTE, he would have been suspended and eliminated from the sport faster than Deion Sanders running for the goal line.

Talk about conspiracies….

1. False Narrative Dept. Now dishonest anti-Trump propaganda is showing up on Turner Classic Movies, which has been generally exemplary in avoiding partisan pandering over the last four years. Today, Eddie Muller, TCM’s film noir maven, pointedly showed the 1950 move “The Killer Who Slaked New York,” about a potential smallpox outbreak that was shut down by New York City health officials in 1947. Ultimately only 12 people were infected, and the threat was a single contagious smallpox victim who had to be found and contained. As you can see, this is a perfect analogy for the Wuhan virus outbreak in 2020. Noting that New York City quickly launched a mass vaccination effort (because there was already a smallpox vaccine, another close parallel), Eddie raised an accusing eyebrow and said,voice dripping with contempt, “That’s how we did things then.”

It’s Eddie’s show. I don’t think he should be fired or suspended. He’s welcome to his ignorant and obnoxious opinion. But he’s part of a disinformation campaign and an effort to distort reality, He’s also annoying TCM’s generally mature audience members who have been paying attention, and who presumably watch old movies to get a break from political BS, not to be subjected to more of it by movie nerds driving out of their lane.

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Discrimination Against Asian American Students Is Discrimination Against Asian American Students: Why Is This Even Debatable?

/ Jack Marshall / 17 Comments

The Trump administration has  fingered  Yale as discriminating against Asian-American and white applicants, just as an Asian-American student group had made the same claim in lawsuits against Harvard, the University of North Carolina at Chapel Hill, and a recently filed case against the University of Texas at Austin. A federal judge ruled in Harvard’s favor last year, but i do not believe the decision will stand up on appeal, since it is dishonest and illogical. The Trump Administration is supporting the plaintiffs as it should…as everyone should.

I wrote about the Harvard decision here.  As you would expect, the analysis differs not at all from the ethics verdict regarding Yale’s discrimination, which is similarly indefensible. Also as you might expect, the “it isn’t what it is” rationalization (#64!) is rampant while the usual suspects try to defend it now, when the Black Lives Matter mob is demanding discrimination in favor of African Americans in all things—hiring, promotions, ring, college admissions, arrests, prosecutions, casting, honors, running for Vice-President—as if that is anything but racism, flat-out.

The New York Times–of course–is and will be embarking on a course of trying to obscure the obvious right and wrongs of the situation, as well as engaging in some ethics  jujitsu to make out the Trump Administration and anyone who thinks that no discrimination on the basis of race means no discrimination on the basis of race  as racist villains.  In this article, for example, the Times attempts or enables several dishonest arguments to discredit what should be self-evident, including… Continue reading →

Wasted Day Evening Ethics, 2/10/2020: As Your Host Tries To Salvage Some Productivity In A Messed Up Monday [CORRECTED]

/ Jack Marshall / 7 Comments

I don’t want to talk about it.

1. Is it ethical to point out that the candidate my desperate progressive friends are trying to justify supporting in the arid Democratic field is really a jerk? Sure it is! In a deft call that I missed, Rolling Stone writer Tim Dickinson found yet another striking example of Pete Buttigieg’s hypocrisy. He writes,

For much of the presidential campaign, Pete Buttigieg has championed the importance of the popular vote. In a town hall nearly a year ago, Buttigieg proclaimed: “One thing I believe is that in an American presidential election, the person who gets the most votes ought to be the person who wins.”

Yet after the Iowa caucuses, where Bernie Sanders clearly got thousands  more votes, Buttigieg has been trumpeting victory — on the basis of a metric that can subvert the popular vote, the state delegate haul from Iowa’s equivalent of the electoral college.

To be plain, the actual tally in Iowa seems to matter less to the Buttigieg campaign than building a perception of victory. On the night of the caucuses, long before any of the official tally had been reported, Buttigieg dubiously declared he had won..the Iowa Democratic Party has now released 100 percent of the state results. The current tally shows Buttigieg trailing Sanders by 2,631 votes, yet leading by 2 “state delegate equivalents” — a margin of 0.1 percent on that metric. Yet the official tally includes many documented and uncorrected errors and what the state party deems “inconsistencies in data.” The Associated Press has refused to call the election, and Democratic party chair Tom Perez has demanded a “recanvass” or recount. Despite the tenuousness of these results, the Buttigieg website now proclaims: “It’s official: Pete won the Iowa Caucuses!”.

President Trump’s election, however, was illegitimate. Continue reading →

Not Protesters, Just A Mob

/ Jack Marshall / 14 Comments

Giving a mob the dignity and legitimacy of referring to them as “protesters” just encourages them. A prime example occurred two days ago in New Haven, at the traditional Harvard-Yale game, the culmination of the Ivy League college football season. Personally, I wouldn’t have crossed the street to attend the 136th edition of “The Game,” though I witnessed the most famous of the them all, 1968’s 29-29 tie. Nonetheless, what a bunch of climate-addled demonstrators inflicted on a large group of students and alumni just trying to have a good time enjoying football, traditions, nostalgia and camaraderie  should not be romanticized. The “protesters” are arrogant, disrespectful and anti-democratic jerks. Boola-Boola.

A large mob of Yale Bowl spectators rushed the field at halftime, demanding that Harvard and Yale divest themselves of investments in fossil fuel and energy companies, delaying the start of the second half by nearly an hour, and causing the game to finish in near-darkness. Students from both schools, who didn’t care who they hurt or inconvenienced, rushed to midfield as soon the Yale band finished performing. ( At least they could have done it while the Yale band was performing…)The contest resumed after the Yale police issued 42 summonses for disorderly conduct. But the wasted hour threatened game’s finish:  the Yale Bowl lacks stadium lights, and the game went to double overtime. Yale won just before it became too dark to play.

The Ivy League referred to the protest as “regrettable.” and Yale said that while it “stands firmly for the right to free expression,” it added that “the exercise of free expression on campus is subject to general conditions, and we do not allow disruption of university events.”

So will Yale suspend or expel any of the mob? Of course not.

Protesters that set out to get attention by disrupting the lives of law-abiding citizens engaged in innocent activities are low-level terrorists. They aim to bypass democracy by creating implicit threats, hoping that their adversaries will surrender to just shut them up and avoid the annoyance. Continue reading →

From The Ethics Alarms “NOW What The Heck Are We Supposed To Do?” Files: Our Values-Addled Colleges

/ Jack Marshall / 36 Comments

The cultural and societal chaos that has descended like a crazed raptor on America can be traced to, among other things, the deterioration and corruption of our elite educational institutions, which have abandoned their mission, education, for indoctrination, and their obligation, opening young minds, for the opposite: closing them. One of my alma maters, Harvard, has declared that it will punish male students for off-campus associations, and arrogantly insists that its policy of discriminating against Asian Americans for the benefit of African Americans is fair and necessary.  Another, Georgetown, absurdly asserts that there is nothing inappropriate about employing a professor who proclaims her violent bigotry against men, whites, and those with whom she disagrees on political matters. At USC, a dean has announced that sanctions must be taken against a professor who remind students of basic principles of justice, such as the ensuring that those accused have due process and the presumption of innocence.

These are not cherry-picked anomalies. These are typical of what American higher education has become. I got another reminder while being stuck in an airport yesterday, which afforded me the opportunity to read the literary review “The New Criterion.” The October issue included an update on the ridiculous controversy at Yale, where a professor and his wife, a lecturer, were driven out of their jobs and the school because she opined that students needed to lighten up in their political correctness fanaticism regarding Halloween costumes:

Yale University quietly bestowed a Sterling Professorship, its highest academic position, on the sociologist and medical doctor Nicholas Christakis this summer. Many readers will remember the Christakis Affair. It unfolded early in November 2015 when Christakis, then the Master of Silliman, a residential college at that super-rich bastion of privilege and self-satisfaction, had the temerity to defend his wife Erika from an angry mob of students. Her tort? Suggesting in a public memo that college students be allowed to choose their own Halloween costumes…

An amateur video of the confrontation between Nicholas Christakis and that angry mob of students went viral. It is worth looking up. Christakis is a model of desperate restraint. In soft, reasonable tones, he explains that an academic community depends upon good will, and patience, and respect for alternative points of view. The trembling mob was having none of that. They shouted and swore and berated Christakis, exploding in a manufactured fury that was both alarming and contemptible. “I apologize, I’m sorry,” Christakis wailed at one point. Too late.

…The Christakises resigned from their position as heads of Silliman College. Erika left off teaching at Yale altogether. Nicholas, a highly decorated academic, took a sabbatical. Then Yale bestowed its “Nakanishi Prize” on two of the student ringleaders, Alexandra Zina Barlowe and Abdul-Razak Mohammed Zachariah—potential employers take note—for … “exemplary leadership in enhancing race and/or ethnic relations at Yale College.”

…Peter Salovey, the spineless president of Yale, responded to related student demands (made around midnight at his private residence) by shoveling $50 million to various “diversity” initiatives. Yale dropped the title “Master” because some illiterate students thought the word had racial rather than scholarly overtones. Salovey also convened (again, you cannot make this up) a Committee to Establish Principles on Renaming and a Committee on Art in Public Spaces to scrutinize the names of things at Yale and the university’s publicly displayed art for signs of political incorrectitude. Calhoun College, named for the U.S. Vice President and Yale alumnus John Calhoun, was changed because Calhoun not only owned slaves but thought slavery was a good thing. (So did Samuel F. B.Morse, for whom another Yale college is named, but Shh! don’t tell anyone.) Stained glass windows depicting slaves working in the fields were vandalized, others were hustled away for safekeeping, as were various sculptures: a bas-relief at the Yale Library, for example, which depicted a Pilgrim carrying a musket.

….Surmising, no doubt correctly, that the public appetite for outrage had moved on, Yale decided it was time to make amends to Nicholas Christakis and offer him the tasty sop of a coveted professorship. After all, deep down, Christakis was one of them, a paid-up member of the progressive brotherhood. He had been unexpectedly blindsided by an event that no one could have foreseen. Quietly, quietly, then, he has been rehabilitated and given an extra pat on the head. He is “deeply honored,” of course, and “eager to make [him]self useful to Yale’s mission.”

The worst and most frightening part of the tale is the ending. Christakis’s groveling capitulation, stating that he is deeply honored, and “eager to make [him]self useful to Yale’s mission” is the exact equivalent of the final line in “1984,” in which Winston accepts that he loves Big Brother. Continue reading →