Sex Predator or #MeToo Prey?

Real Clear Politics

Life was good for Matthew Dababneh until the fall  2017. A former congressional aide, the moderate Democrat had won an open seat in the California State Assembly in 2013 and easily won reelection twice. At age 36, he was rising in  Democratic Party politics. Then, with breathtaking suddenness, his reputation and career were devastated. It started when a lobbyist named Pamela Lopez was quoted accusing an unnamed California lawmaker of pushing into a bathroom behind her, “expos[ing] himself and . . . masturbating.” She later claimed it was Dababneh. But he hopes his libel suit against her will provide the public hearing […]

Manafort, Ukraine, and the Scapegoating of Greg Craig

Real Clear Politics

Of all the collateral damage inflicted on ancillary players in the special counsel’s probe into Russian meddling in the 2016 U.S. presidential elections, none is as strange – or capricious – as the Justice Department’s crusade against well-connected Democratic lawyer Gregory B. Craig. It seems on the verge of prosecuting Craig, one of Washington’s most celebrated lawyers, on charges of lying to department officials in 2013 to evade a legal duty to register as an agent for the Ukrainian government under the Foreign Agents Registration Act (FARA). But the Justice Department’s leadership should take a hard look at the case before […]

Harvard, the NY Times and the #MeToo Takedown of an Academic Star

Real Clear Politics

In a December 14, 2018 piece, the New York Times set the stage by noting that Roland G. Fryer Jr. had attained tenure at Harvard, received a MacArthur “genius” grant, and won the most prestigious award for a young American economist. Then came the takedown: “But his rapid ascent has taken a troubling turn as Harvard officials review a university investigator’s conclusion that Dr. Fryer fostered a work environment hostile to women, one filled with sexual talk and bullying.” This article, and Harvard’s sex bureaucracy, have made a near-pariah of the youngest black professor ever tenured at Harvard University, a man born […]

It’s Time for Republicans to Show They Truly Care About Due Process

The Weekly Standard

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 […]

We Must Face Persistent Racial Gaps in Academic Performance

Real Clear Politics

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 ACLU’s J’Accuse

The Weekly Standard

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 […]

DeVos Keeps Her Promise on Campus Due Process

Wall Street Journal

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 […]

Racial Preference on Trial as Harvard Goes to Court

The Weekly Standard

The discrimination lawsuit against Harvard College that was rejected in September 2019 by a liberal federal judge in Boston and is making its way gradually toward the Supreme Court may well put a momentous choice before the justices, and the country, within the next two or three 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 focused on the powerful, if disputed, evidence that […]

Christine Blasey Ford and the Implanted Memory Theory

Real Clear Politics

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 […]

Innocence Presumed

The Weekly Standard

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 […]