Legal Group Weighs Radical Expansion of Sex Crimes

Real Clear Politics

Imagine the following case: Two recent college grads meet in a bar, talk, begin kissing, and go to her apartment. After a little more talking, they resume kissing there. He undresses her and initiates sexual intercourse. She neither objects nor resists. He leaves, and they have no further contact. A month later, she files a criminal complaint with police, complaining that this was rape because she never expressed verbal consent and was physically passive. Under the law as it has been from time immemorial, the woman’s complaint would be rejected because her failure to say no or resist would be […]

Scalia’s Poorly Worded Comment Has Merit

Real Clear Politics

Justice Antonin Scalia ‘s dreadfully worded comments last week during oral argument about racial preferences in college admissions understandably offended many people. But what he was obviously trying to say made an important point that had nothing to do with racism — a charge hurled at Scalia by people including Harry Reid, the Senate Democratic leader, who once again wallowed in shameless demagoguery.

Is The New York Times Smearing Jameis Winston?

Real Clear Sports

Over the past year The New York Times has published thousands of words about the rape allegation against Heisman Trophy-winning Florida State University quarterback Jameis Winston, all pointing to a single conclusion: He is guilty, and the state of Florida and his school have excused his crime because of his football prowess. But there is a large body of evidence that The Times has kept from its readers that would lead a discerning reader to another conclusion: that Winston has been cleared by three separate investigations because the evidence […]

U-Va. Reaction to Rape Claim: Worse Than at Duke?

Real Clear Politics

Depressing similarities link the two highest-profile allegations of campus sexual assault in recent years — the fraudulent gang rape claims against Duke lacrosse players in 2006, and Rolling Stone writer Sabrina Erdely’s multiply discredited portrayal in November of a sadistically brutal gang rape at a University of Virginia fraternity. Even more depressing is another comparison between the two cases. While campus journalists and many other students at Duke were refreshingly open to evidence and critical thinking as the case there unfolded, the vast majority of U-Va. students have been sheep-like. They have emulated — or at least tolerated — the […]

How the Media Again Failed on the Duke Lacrosse Story

Real Clear Politics

More than a dozen major newspapers and magazines have rushed in recent weeks to publish reviews heaping praise on what we have demonstrated — and will demonstrate again below — to be a guilt-presuming, fact-challenged new book about the Duke lacrosse rape fraud of 2006. Meanwhile, author William D. Cohan has ratcheted up his wild claims and misleading innuendoes during at least 10 broadcast and print interviews about the book, even, in some cases, after proof of their falsity had been published by us and others. Most of the interviewers have been as fawning as most of the reviewers, leaving […]

Federal Crackdown on Legalized Pot Would Backfire

Real Clear Politics

Recent statements by Attorney General Eric Holder and by drug czar Gil Kerlikowske may signal an impending crackdown on the experiments with partial legalization of recreational marijuana for which solid majorities of the Colorado and Washington State electorates voted last November.

“When it comes to these marijuana initiatives, I think among the kinds of things we will have to consider is the impact on children,” Holder told a House appropriations subcommittee. “We are certainly going to enforce federal law.”

At a National Press Club luncheon, Kerlikowske asserted that “neither a state nor the executive branch can nullify” federal anti-marijuana laws, adding that “using marijuana has public health consequences.”

But the impact on children, and the public health consequences, are likely to be bad if the Obama administration cracks down on the hundreds of marijuana businesses that Colorado and Washington are preparing to license, regulate, and tax.

Such action would likely backfire — warping both federal and state drug policy for years to come — by aggravating the harm to public health, especially to kids, and the leakage of marijuana across state lines that the administration and other opponents of legalization want to prevent.

How would a crackdown backfire? By producing — immediately in Colorado, and eventually in other states — an atomized, anarchic, state-legalized but unregulated marijuana market that federal drug enforcers lack the manpower to contain and the legal power to force the states to contain.

Consider how a federal effort to abort the state experiment would unfold in Colorado, where the voters (unlike those in Washington) chose to create both a state-regulated marijuana industry and another, largely unregulated, one.