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December 2013

Guilty until proven innocent, if they even let you prove your innocence: The Unfairness of Judicial Proceedings in Academia Where in America do we have quasi-judicial proceedings rivaling those of the English Star Chamber or Spanish Inquisition of the 16th century, in terms of lack of fairness...

From frequent photographer Ulises: The sticker on top say “You can give peace a chance, we’ll cover you if it doesn’t work out”. For some reason this sticker does not come out really well in pictures, but here it goes. Now, the one on the bottom is...

Just a word of thanks to Legal Insurrection readers. The pushback against the anti-Israel academic boycott is gaining momentum. An increasing number of universities and University Presidents are stating their positions against the boycott. Not a single university or major academic group has come out for...

The remains of a missing POW returned home this week after more than 60 years, and a widow who never remarried will finally be able to say goodbye to her husband. From the LA Times:
Army Sgt. 1st Class Joseph Gantt told his wife to remarry if he didn’t come back from the war. She told him no. He had a hard enough time getting her to say yes. He was it. For 63 years, the World War II and Korean War veteran was missing in action and presumed dead, but Clara Gantt, 94, held out hope and never remarried. On a cold, dark Friday morning on the Los Angeles International Airport tarmac, the widow stood from her wheelchair and cried as her husband’s flag-draped casket arrived home. “I am very, very proud of him. He was a wonderful husband, an understanding man,” she told TV reporters at the airport. “I always did love my husband, we was two of one kind, we loved each other. And that made our marriage complete.” Joseph Gantt joined the Army in 1942 and served in the South Pacific during WWII. He met his wife on a train from Texas to Los Angeles in 1946 and they married two years later. They had no children.

I previously sent an email to President of Princeton regarding academic boycott of Israel and specifically inquired as to whether Princeton would drop its Institutional Membership in the American Studies Association so long as ASA imposes an academic boycott on Israeli academic institutions and scholars.  Both Penn State Harrisburg and Brandeis have dropped their Institutional Memberships.  The Association of American Universities has come out with a strongly worded denunciation of the academic boycott oof Israel. I just received the following statement from Princeton's press spokesman on behalf of President Christopher L. Eisgruber:
Thanks for your email to President Eisgruber about the American Studies Association’s boycott of Israel. In correspondence with Princeton alumni who have asked about the boycott, President Eisgruber has said,
I share your dismay at the American Studies Association's misguided boycott. Academic boycotts are almost always bad policy--scholarly engagement helps to sustain and build liberal democratic values. For that reason, among others, I believe that Princeton should continue to work constructively with scholars and institutions throughout the world, whether one admires or dislikes the government under which they operate. And, whatever one thinks of boycotts in general, to single out Israel alone is indefensible.

Willamette University joins an increasing number of universities rejecting the anti-Israel academic boycott, but in a twist, denies having any knowledge as to why ASA lists it as an Institutional Member. The ASA considers Institutional Memberships to be important indicators of university support which is why it highlights the list:
Institutional members help to insure the continuity, development, and enhanced usefulness of a dynamic, professional, scholarly organization dedicated to broadening and intensifying the study of American life and civilization. They help to promote interdisciplinary activity and programs, working toward the lowering of rigid barriers of approach and technique, and the cooperation of scholars in various disciplines in a vital, international field of study. Institutional members also help to stimulate intellectual and professional activity among their own faculty. We depend on institutional dues to carry on many of our current activities and to develop new programs and services.
Willamette University is listed as one of the Insitutional Members of ASA in the ASA Quartely and Annual Meeting materials. Stephen Thorsett, President of Willamette University, communicating with a Legal Insurrection reader, rejected the boycott and indicated that Willamette was unaware of its Institutional Membership.  Here is the exchange, in part (emphasis added):

That's the take away from today's press conference, which still is in progress as of this writing. So Democrats should run on it in 2014. https://twitter.com/ByronYork/status/414123765698945024 https://twitter.com/AceofSpadesHQ/status/414127598596149248 https://twitter.com/charliespiering/status/414127354651213824 https://twitter.com/RyanLizza/status/414127417658470401...

Robert A. Brown, President of Boston University, will be issing a formal statement rejecting the Amercian Studies Association's anti-Israeli academic boycott.  The statement is not yet posted on BU's website, but was obtained by Legal Insurrection and confirmed with the President's office. President Brown, however, is deferring the decision on withdrawal of Institutional Membership to the American and New England Studies Department on grounds of the academic freedom of that department. Here is an email from President Brown to a Legal Insurrection reader announcing the statement and the membership deferral.  We confirmed with the President's office the authenticity of the email:
Thank you for your email expressing your concern about the recent vote of the American Studies Association (ASA) to boycott Israeli universities. Please see below my formal statement about this unfortunate action by the ASA.
I am disappointed and concerned that the American Studies Association, invoking the principle of academic freedom, would vote to boycott Israeli academic institutions. Research, teaching, and scholarship flourish through robust exchange of ideas, across borders and among institutions in different parts of the world. Universities and their faculties can often transcend even profound political differences. It is ill-advised to make academic institutions the instrument with which to promote a political agenda by attempting to isolate students and scholars. Boston University cannot support this boycott.
I hope that there will be a serious discussion within our American and New England Studies Program which has an institutional membership in the ASA which, obviously, is funded by the University. This institutional membership does not come with a vote that is exercised by either the program or the University. The poll taken by the ASA represents the votes of individual members of the organization. We are not prepared to suggest (implicitly or explicitly) to faculty members who hold individual memberships (some of which are funded out of professional funds allocated to individual faculty members) how they should vote. That would lead us onto a slippery slope. I do hope the faculty in the American and New England Studies Program will consider whether or not continuing membership in the ASA will create the opportunity for a temperate and thoughtful reconsideration of the wisdom of the boycott.

We reported on some of the gruesome details and testimony at the trial of the killers of British soldier Lee Rigby on a street in London by machete and knife wielding Islamic radicals, Killer of British soldier Lee Rigby: “I am a soldier and this is war”. The evidence concluded last week, and this week the jury returned guilty verdicts. Via Fox News, 2 Muslim radicals -- 'soldiers of Allah' -- convicted in brutal murder of British soldier:
A jury on Thursday convicted two men who called themselves "soldiers of Allah" of murdering a British soldier who was run down with a car, stabbed to death and nearly decapitated in a brutal attack on a London street. The jury of eight women and four men deliberated for just 90 minutes before finding Michael Adebolajo and Michael Adebowale guilty of murdering Fusilier Lee Rigby. They were acquitted of attempting to murder a police officer. Both men had pleaded not guilty to murder, though neither denied taking part in the May 22 attack. Neither defendant reacted as the jury foreman announced the verdicts. Adebolajo smiled and kissed a copy of the Quran as he was led down to the cells.
Lee Rigby Here is a video timeline of what happened that murderous day:

The Obama administration had a bright suggestion for their insurance companies (they do seem to belong to the governement, don't they?):
The Obama administration said Thursday it would allow millions of Americans whose insurance policies had been canceled to purchase bare-bones plans next year, in another 11th-hour tweak to the law likely to cause consternation among health insurers. Health and Human Services Secretary Kathleen Sebelius told a group of six senators in a letter that people whose policies had been canceled because of new requirements under the Affordable Care Act would be allowed to purchase "catastrophic" plans. Those plans previously had been restricted under the new law to people under the age of 30 or those who qualified for a set of specific hardship exemptions.
Basically, this means they've expanded the definition of "hardship" to include "screwed by the Obamacare regulations." Come to think of it, that makes sense. In fact, though, it's even later than the eleventh hour. Many insurers are saying this move would amplify the chaos in an already chaotic situation. The Washington Post also reports:
The Obama administration on Thursday night significantly relaxed the rules of the federal health-care law for millions of consumers whose individual insurance policies have been canceled, saying they can buy bare-bones plans or entirely avoid a requirement that most Americans have health coverage. The surprise announcement, days before the Dec. 23 deadline for people to choose plans that will begin Jan. 1, triggered an immediate backlash from the health insurance industry and raised fairness questions about a law intended to promote affordable and comprehensive coverage on a widespread basis
I have a question for Obama, Sebelius, and the rest: if the individual policies cancelled were such terrible "junk," why are you allowing those who originally had them to purchase a type of policy you defined as "junk" in the first place? Might it be because catastrophic insurance can sometimes be a valid choice for people, and not "junk" at all?

A college student's documentary as part of a senior project highlights the impact of social media after Hurricane Sandy, and I think illustrates the role that such communications played in bringing people, community, and information together during a time of need. From Newsworks/Down the Shore blog:
A new documentary by a Rutgers University student focuses on the social media response to Superstorm Sandy. Elizabeth Herlihy, a senior journalism major, recently released "Sandy: A Social Media Storm," chronicling how individuals, media, elected officials, and small organizations leveraged social media to assist storm-ravaged shore communities. Herlihy, whose family lives at the shore, produced the documentary as part of the final requirement for her minor,  "Digital Communication, Information and Media." "Through this minor, I have been able to explore various forms of new media and study its expanding role in our digital society," she said.

Note: You may reprint this cartoon provided you link back to this source.  To see more Legal Insurrection Branco cartoons, click here. Branco’s page is Cartoonist A.F.Branco ...

The Obama administration and Obamacare has increased distructs of Big Government so much even a majority of Democrats view government as the greatest threat, via Gallup, Record High in U.S. Say Big Government Greatest Threat:
Seventy-two percent of Americans say big government is a greater threat to the U.S. in the future than is big business or big labor, a record high in the nearly 50-year history of this question. The prior high for big government was 65% in 1999 and 2000....
Gallup Big Govt Threat chart 12-2013

I've never watched Duck Dynasty. I don't know what it is other than from a cursory review of headlines. But the Duck Dynasty guy (whatever his name is) is suspended from his hit TV show because of these comments in an interview with GQ Magazine:
Out here in these woods, without any cameras around, Phil is free to say what he wants. Maybe a little too free. He’s got lots of thoughts on modern immorality, and there’s no stopping them from rushing out. Like this one: “It seems like, to me, a vagina—as a man—would be more desirable than a man’s anus. That’s just me. I’m just thinking: There’s more there! She’s got more to offer. I mean, come on, dudes! You know what I’m saying? But hey, sin: It’s not logical, my man. It’s just not logical.” ... What does repentance entail? Well, in Robertson’s worldview, America was a country founded upon Christian values (Thou shalt not kill, etc.), and he believes that the gradual removal of Christian symbolism from public spaces has diluted those founding principles. (He and Si take turns going on about why the Ten Commandments ought to be displayed outside courthouses.) He sees the popularity of Duck Dynasty as a small corrective to all that we have lost. “Everything is blurred on what’s right and what’s wrong,” he says. “Sin becomes fine.” What, in your mind, is sinful? “Start with homosexual behavior and just morph out from there. Bestiality, sleeping around with this woman and that woman and that woman and those men,” he says. Then he paraphrases Corinthians: “Don’t be deceived. Neither the adulterers, the idolaters, the male prostitutes, the homosexual offenders, the greedy, the drunkards, the slanderers, the swindlers—they won’t inherit the kingdom of God. Don’t deceive yourself. It’s not right.”
The attacks on him are focused on the claims that he compared homosexuality to beastiality.  Professor Althouse argues that that is not true:

Readers have been very good at posting contact information in the comment section at the Reader crowdsourcing project to fight American Studies Assoc anti-Israel boycott You also need to start sending emails to Presidents, Trustees and others who have a stake when a university lends its name and funds to an organization engaged in an academic boycott which would include boycotting the university's own joint programs and scholars. Even though membership decisions typically are made at the department level, where many of the Israel-haters rule, the decision has university-wide implications. The membership is in the university name and the boycott affects university programs and scholars beyond the American Studies department. Moreover, use of university funds to subsidize ASA is a university decision, and in the case of public universities, also involves the state. As of this writing, I still have not received a response to My email to President of UT-Austin regarding academic boycott of Israel. Here is the email I sent yesterday to the President of Princeton University, one of the Institutional Members of the American Studies Association and an institution that supports the ASA financially through covering costs of attending ASA meetings.
To: Christopher L. Eisgruber [[email protected]] CC: Martin A. Mbugna, Communications [[email protected]] Mary DeLorenzo, Asst. to the President [[email protected]] Dear President Eisgruber: Princeton University is an Institutional Member of the American Studies Association (ASA), contributing its good name and dues to the ASA, and also funding ASA indirectly through covering the cost of attending the ASA annual meeting. The ASA just adopted an academic boycott of Israel. The American Association of University Professors has rejected academic boycotts of Israel in general, and has rejected the ASA boycott specifically, on grounds of violation of academic freedom. The anti-Israel academic boycott also amounts to discrimination on the basis of national origin as Israeli academics will be subjected to verification procedures not applicable to academics from any other nation. The ASA boycott is pernicious because it includes boycott of programs run by Israeli academic institutions and encourages American academics to police compliance with the boycott. You can find an explantion in my prior post about the boycott.