Political Correctness | Le·gal In·sur·rec·tion - Part 14
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Posted by David Gerstman on December 16, 2014 15 Comments
A Baltimore City police officer was shot and seriously wounded at a traffic stop Sunday night. At a press conference outside the hospital as the officer was being treated, Baltimore City Police Commissioner Anthony Batts said, "I'm not caught on the irony of the timing of the situation. We've had marches nationwide over the fact that we've lost lives in police custody. I wonder if we're going to have the same marches as officers are shot, too." (The remarks are at about 1:25 in the video embedded below.)
According to one news report the Baltimore Police Department has gone to great pains to point out that during the whole episode the police on the scene did not fire their weapons at all.
A man in the back seat refused to comply with an order to show his hands, police said. "One officer advised him that if he didn't comply he would be tased. At some point, there was the discharging of the firearm and the firing of a Taser, exactly which event happened first is under investigation," Baltimore City police Maj. Stanley Branford said.
Three shots were reportedly fired and one struck the officer in the abdomen, below his bulletproof vest, injuring him. His partner took him to the hospital. (According to news reports, officers in Baltimore are authorized to take injured colleagues to the hospital and not wait for ambulances. The nearest hospital is about three miles from the scene of the shooting.)

Posted by William A. Jacobson on December 12, 2014 25 Comments
College Insurrection and others recently reported how the President of Smith College apologized to the student body for using the term "All Lives Matter" rather than "Black Lives Matter." A Cornell engineering student just tweeted to me about a similar statement from the Chief of the Cornell University Police, Kathy Zoner, in an all campus email. https://twitter.com/TTimeOnThe19th/status/543545839927693312 I checked my own email, and sure enough, there it was: Cornell Police #ALLLIVESMATTER That original message from the week before was:

Posted by Kemberlee Kaye on December 09, 2014 8 Comments
God bless Texas. Last year, the Lone Star State passed a bill that allows schools to say things like, "Merry Christmas" and "Happy Hanukah" without retribution. Co-authored by Dwayne Bohac (R-Houston) and Richard Raymond (D-Laredo), the bill, "allows students, parents, teachers and administrators the freedom to acknowledge these traditional winter holidays without fear of litigation or punishment and restores common sense by placing Supreme Court precedent into state law," according to the law's official website.
More ABC US news | ABC World News

Posted by Kemberlee Kaye on October 19, 2014 22 Comments
Vermont ice cream maker Ben and Jerry's drew the ire of the political correctness brigade when they released "Hazed and Confused," a concoction of chocolate and hazelnut deliciousness. Part of their new Core series, "Hazed and Confused" is injected with a chocolate, hazelnut, fudge core. "Hazed and Confused" being a play off the hazelnuts and famed Led Zeppelin song "Dazed and Confused." "Dazed and Confused" was also an early nineties movie that gave us Matthew McConaughey, and is therefore one of the best movies in existence.

Posted by Robert Shibley on October 17, 2014 17 Comments
WAJ: This is a guest post by Robert L. Shibley, Senior Vice President of the Foundation for Individual Rights in Education (FIRE). As "Yes Means Yes" mania sweeps across college campuses, and the lives of innocent men falsely accused are ruined in a witch hunt atmosphere, the FIRE once again is at the forefront of standing up for the individual. ----------------------------------- On Monday, Vox co-founder Ezra Klein penned an op-ed about how he firmly supported the affirmative consent bill recently passed in California despite his candid acknowledgment that the bill was in fact “terrible.” The general tenor of his column, which I discussed in The Daily Caller yesterday, was that you can’t make an omelet without breaking a few eggs—the eggs being people unjustly found guilty of rape. Critics on the left and the right were equally appalled, as well they—or anyone concerned with civil liberties—should have been. Under this barrage of well-deserved criticism, Klein returned with a longer piece yesterday, attempting to justify his candid-yet-horrifying position on California’s law. He fails. In fact, despite his column’s title, “What people get wrong about the Yes Means Yes law,” he fails to even get basic facts about the law right. Klein does the same thing that so many other supporters of the law have done, which is to present the law and the campus environment in inaccurate ways that just happen to make due process abuses seem less grievous. So allow me to present a mini-Fisking of the article, and you can be the judge of who’s right. I won’t address every line of Klein’s long, doomed attempt at self-justification, but I will hit the highlights (or perhaps lowlights). There are plenty of them. Klein opens thusly:

Posted by William A. Jacobson on October 17, 2014 30 Comments
I've seen people writing and tweeting about #GamerGate. I have no idea what that is, still. Looks like it has something to do with Gamers and Liberal Feminists (image below of Christina Hoff Sommers, who has confronted liberal feminists herself): I received the email below, which intrigued me. I'm too caught up in #Ebola to research #GamerGate, so I'm issuing a cry for help -- What is #GamerGate?
This might look like another inconsequential Twitter war, but it intersects with issues you find relevant and is gaining traction. Gamergate is a growing movement by (don't laugh) video game enthusiasts who are fed up with: 1) favoritism within the $90 billion gaming industry, namely game journalists who have essentially become king-makers and who use their influence to benefit friends and patrons to the detriment of objectivity in reporting, the financial prospects of respected upstarts, and most of all community trust.

Posted by Amy Miller on October 16, 2014 30 Comments
I've written previously about California's new "Yes Means Yes" law, which codifies a strict definition of "affirmative consent" as it applies to students on college campuses. It's a terrible bill, but some liberals are touting its absolute failure to address any real problems as its greatest achievement. A group of professors at Harvard Law School recently published a joint letter in the Boston Globe begging the university to rethink its implementation of a similar standard:
We call on the university to withdraw this sexual harassment policy and begin the challenging project of carefully thinking through what substantive and procedural rules would best balance the complex issues involved in addressing sexual conduct and misconduct in our community. The goal must not be simply to go as far as possible in the direction of preventing anything that some might characterize as sexual harassment. The goal must instead be to fully address sexual harassment while at the same time protecting students against unfair and inappropriate discipline, honoring individual relationship autonomy, and maintaining the values of academic freedom.
28 professors from one of the finest law schools on the planet believe that these laws go to far. They're not just a change in policy; they redefine the meaning of "sexual assault," and "consent." They're a gross overreach into the lives of students that flies in the face of the basic concepts of justice and due process. Chief Voxsplainer Ezra Klein recently penned an article explaining why he believes affirmative consent regulatory overreach---and subsequent overregulation of the sex lives of young Californians---will eliminate the alleged culture of "sexual entitlement" on college campuses. In Ezra Klein's illiberal utopia, we achieve that goal by making examples out of men whose only crime is that they are male:

Posted by William A. Jacobson on October 15, 2014 76 Comments
We previously wrote about the deer sterilization program run by the Village of Cayuga Heights, NY, which borders the Cornell University campus and has large deer and faculty populations. After years of bitter debate, Cayuga Heights decided that the deer population would be controlled through sterilization at enormous expense: The Cayuga Heights deer control was mostly a failure because, you know, deer move around, so sterilizing deer in Cayuga Heights didn't prevent new deer from coming into the area.  And so on. As far as I know, no plans were made to control the faculty population. I was not aware that Cornell had its own sterilization program.  I was aware that deer are all over campus. The Cornell sterilization program combined on-campus sterilization with off-campus/regional hunting. What possibly could go wrong? As the Washington Post reports (via Ithaca Voice), just about everything, Trying to limit the number of deer, with surprising results:

Posted by Mike LaChance on October 04, 2014 20 Comments
As Americans become increasingly concerned about the spread of Ebola in the United States, there is a growing call to cut off flights to and from Liberia. Senator Ted Cruz has even contacted the FAA. Niels Lesniewski of Roll Call reported:
Ted Cruz Asks FAA About Ebola Flight Ban Sen. Ted Cruz is asking the Federal Aviation Administration what it’s doing to prevent the spread of Ebola after the first U.S. diagnosis, which came in his home state. “Given the severity of this virus and the fact that its spread to Texas has been associated with travel, it is imperative that the FAA take every available precaution in preventing additional cases from arriving in the United States. As you may be aware, several African nations have already restricted or banned air travel to countries with confirmed cases of the Ebola virus,” the Texas Republican wrote in a letter to FAA chief Michael P. Huerta. “British Airways, Emirates Airlines and Kenya Airways have also suspended flights due to the rising death toll and deteriorating public health situation in Ebola-stricken countries.”
One recent voice on CNN, an author named David Quammen believes doing such a thing would be wrong because of slavery. I kid you not. Brendan Bordelon of National Review has the story:
CNN Guest: ‘How Dare We’ Cut Off Liberia Flights When ‘American Slavery’ Created That Country An author on Anderson Cooper’s CNN program Thursday said the United States is uniquely obligated to maintain air links with the Ebola-ridden nation of Liberia, claiming it would be immoral to quarantine a nation created through “American slavery.”

Posted by William A. Jacobson on October 02, 2014 23 Comments
Somehow, this seemed inevitable. Just-resigned Secret Service Director Julia Pierson allegedly is the victim of male privilege, and was treated differently than a man in a similar position would be treated. This video clip -- just before the resignation -- led to charges of sexism:
Those charges increased after the resignation.
At The New Republic, Secret Service Director Julia Pierson Was a Victim of the "Glass Cliff": On Wednesday, Julia Pierson, the first woman to ever lead the Secret Service in its nearly 150-year history, resigned her post amid heavy criticism over an intruder who was able to get as far as the East Room of the White House. Reasonable people can disagree about whether, ultimately, she deserved to lose her job or whether anyone in charge during such an incident would have to resign. But it’s probably not pure chance that Pierson, who held that position for just a year-and-a-half, was a woman. Time and again, women are put in charge only when there’s a mess, and if they can’t engineer a quick cleanup, they’re shoved out the door. The academics Michelle Ryan and Alex Haslam even coined a term for this phenomenon: They call it getting pushed over the glass cliff.
On Twitter, the claim was made that Pierson was just the fall gal for male failure reflecting male privilege:

Posted by William A. Jacobson on October 02, 2014 29 Comments
There are seemingly endless programs and advocates to increase the participation of women in STEM (Science, Technology, Engineering and Mathematics) as a means of addressing the gender imbalance, which is particularly dramatic at the graduate and doctoral levels. The National Science Foundation has special grant programs.  The White House emphasizes the issue.  Efforts are made at the elementary and secondary school levels to increase participation by girls. One of my daughters was a computer science major in college (the only female CS major that year), so I'm well aware of the extensive outreach to women. Despite years of concerted efforts, the STEM gender imbalance has barely moved. Men still dominate, by a lot. But the gender imbalance is equal or even more dramatic in fields dominated by women, as this chart shows (via AEI, h/t Ron Coleman): Total Graduate Enrollment by Gender 2013 AEI continues, Women earned majority of doctoral degrees in 2013 for 5th straight year, and outnumber men in grad school 137.5 to 100
The Council of Graduate Schools (CGS) recently released its annual report recently on US graduate school enrollment and degrees for 2013, and here are some of the more interesting findings in this year’s report:

Posted by Kemberlee Kaye on October 01, 2014 5 Comments
A few weeks ago, we covered the story of Columbia student, Emma Sulkowicz, who alleged she was raped by another student. Rather than pursue the matter all the way through the legal system (she dropped her case), Sulkowicz took her case to the University tribunal. Her alleged rapist was not found guilty by the campus tribunal, so Sulkowicz decided to protest her trauma through performance art (and college credit) and carry a mattress around campus as long as her alleged rapist remained on campus.  Carrying the mantel of Sulkowicz's cause, what was supposed to be a national day of action and a million mattress march, was not widely protested.  The only two protests we could find are at Texas Tech and Cornell. At Texas Tech:

Some Texas Tech University students have demonstrated against what they say is a "rape culture" on campus by laying bed sheets spray-painted with "No means No" at three locations.

The women's actions Wednesday came a day after university officials sent an email to students and faculty that called activities at a recent off-campus fraternity party "reprehensible."

A picture of a banner at the Sept. 20 Phi Delta Theta fraternity gathering, briefly posted online, read, "No means yes," followed by a graphic sexual remark.

University spokesman Chris Cook said the school learned of the banner the day after the party and began investigating immediately. Last week the university established a task force to review Greek organizations.

The bed sheets displayed Wednesday were removed by police after about 30 minutes.

Cornell took the call to action more seriously and approximately one hundred students showed up to protest. According to Casey Breznick at The Cornell Review (he also writes for Legal Insurrection and College Insurrection), a National Day of Protest Against Rape Culture took an odd turn yesterday. The protest was co-sponsored by Students for Justice in Palestine, Black Students United, Crunch: The Kinky Club at Cornell, Cornell Organization for Labor Action, the Cornell Progressive, DASH: Direction Action to Stop Heterosexism,Women of Color Coalition, and Grrls Fight Back. The protest was meant to be the decisive blow to "rape culture" on Cornell's campus. To that end, students read poems aloud. Breznick reports:

Posted by Amy Miller on September 29, 2014 38 Comments
We've written previously about California's proposed "affirmative consent" bill, which codifies -- for lack of a more delicate terminology -- what constitutes acceptable foreplay between consenting adults on college campuses. On Sunday, that bill became law. Via Fox News:
[Bill author Sen. Kevin] De Leon has said the legislation will begin a paradigm shift in how college campuses in California prevent and investigate sexual assaults. Rather than using the refrain "no means no," the definition of consent under the bill requires "an affirmative, conscious and voluntary agreement to engage in sexual activity." "With one in five women on college campuses experiencing sexual assault, it is high time the conversation regarding sexual assault be shifted to one of prevention, justice, and healing," de Leon said in lobbying Brown for his signature. The legislation says silence or lack of resistance does not constitute consent. Under the bill, someone who is drunk, drugged, unconscious or asleep cannot grant consent.
The bill holds hostage funding for colleges and universities unless "the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions shall adopt a policy concerning sexual assault, domestic violence, dating violence, and stalking..." That policy is strictly defined within the bill, and mandates new, uniform procedures for the reporting, counseling, and investigation of alleged sexual misconduct on campus.