The Campus Rape Frenzy: The Attack on Due Process at America’s Universities
A decade after three Duke lacrosse teammates wrongfully accused of rape were declared innocent, America’s universities have been gripped by a politicized campus rape panic that now threatens our nation’s commitment to civil liberties and fundamental due-process rights.
“A sterling and incisive work, written with passion and wit, that goes to the heart of the most insidious assault on justice and reason, ever to afflict the nation’s campuses.”
—Dorothy Rabinowitz, Wall Street Journal editorial board member and author, winner of the 2001 Pulitzer Prize for Commentary
Until Proven Innocent
Political Correctness and the Shameful Injustices of the Duke Lacrosse Rape Case
“Brutally honest, unflinching, exhaustively researched, and compulsively readable, Until Proven Innocent excoriates those who led the stampede — the prosecutor, the cops, the media — but it also exposes the cowardice of Duke’s administration and faculty. Until Proven Innocent smothers any lingering doubts that in this country the presumption of innocence is dead, dead, dead.” –John Grisham
How Affirmative Action Hurts Students It’s Intended to Help, and Why Universities Won’t Admit It
Richard Sander and Stuart Taylor present compelling evidence of the failure of our current affirmative action policies through stunning, previously unpublicized admissions and academic performance data from colleges and universities around the country and interviews with black and Hispanic administrators and former students.
At the heart of Sander and Taylor’s book is the theory of “mismatch.” They argue that the use of racial preferences in higher education puts students in academic situations where the odds are stacked against them from the beginning.
It’s not just for Brett Kavanaugh. In October, Republican senators were the champions of due process. They argued that Supreme Court nominee Brett Kavanaugh must be presumed innocent in the face of the uncorroborated sex-crime accusations that Democrats had rushed to endorse. Forty-nine Republicans (and one Democrat) then confirmed his nomination to the Supreme Court. “In evaluating any given claim of misconduct, we will be ill served in the long run if we abandon the presumption of innocence and fairness, tempting though it may be,” said Maine’s Susan Collins on the Senate floor in the decisive speech of the confirmation […]
In covering the most highly publicized “affirmative action” lawsuit in decades – against Harvard University — the news media are continuing their pattern of averting their eyes from stubborn facts that cut against their ideological preferences. In recent trial testimony, Harvard and other selective schools claim that the only way they can maintain adequate racial diversity is to use large racial preferences to admit a great many more black (and brown) students than would otherwise get in based on their academic performance. A person of ordinary curiosity might wonder: Why is that? Just what is the state of black academic […]
The group comes out against equal treatment before the law. More than four years ago, 28 members of the Harvard Law School faculty publicly criticized the sexual-assault adjudication procedures adopted by the university under pressure from the Obama administration. They noted that these were “overwhelmingly stacked against the accused.” The law professors, including some with stellar feminist credentials, said that the university’s goal should “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.” Similar expressions of concern about the basic […]
Proposed new Title IX regulations aren’t perfect, but they vastly improve on Obama-era guidance. Betsy DeVos kept her promise. As the education secretary vowed in September 2017, the department’s Office for Civil Rights last week formally proposed new regulations designed to create a more just process when campus tribunals adjudicate sexual-misconduct allegations. The proposed rules closely track recent court rulings favoring accused students. In 2017 interim guidance, Mrs. DeVos had invited schools to develop fairer procedures under the law known as Title IX. But nearly all retained the Obama administration’s approach, which was heavily tilted against accused students. (The University […]
In 2003, the Supreme Court hoped the use of racial preferences would last no more than 25 years. They are becoming permanent. The discrimination lawsuit against Harvard College that goes to trial in federal court on October 15 may well put a momentous choice before the Supreme Court, and the country, within the next few years. Should the Court allow racial preferences in university admissions to continue forever? Or should it ban them as unconstitutional, even though a rigorously enforced ban could dramatically cut enrollments of African Americans and Latinos at selective schools? Almost all publicity about the case has […]
Did Brett Kavanaugh attempt to rape Christine Blasey Ford in 1982, as she testified in detail on September 27? Almost nobody has accused her of deliberately lying about the alleged attack. But the only other possibility consistent with Judge Kavanaugh’s claim of innocence has received very little attention. That is the possibility that Dr. Ford may have been misled by a sincere but false memory of something that never happened, perhaps created by her marital or individual psychotherapy. At first blush this may seem far-fetched. But science has shown that implanted false memories are such a common phenomenon in human […]
Betsy DeVos undoes a major campus injustice. That campus Title IX sexual-misconduct tribunals are unfair to accused students is all but a truism. Since 2011, when the Obama administration forced a guilt-presuming reinterpretation of the 1972 law, more than 100 colleges and universities have been on the losing side in lawsuits filed by accused students protesting their treatment. The Department of Education is planning to issue new regulations addressing the relationship between Title IX and fair procedures in cases of alleged campus sexual assault. The draft regulations are still under review, but as reported in the New York Times, they […]