10th Circuit Upholds Title IX “Railroading”

Tenth Circuit Judge Monroe McKay “said” the words out loud:

This concern is only heightened when there is not only evidence that the school exhibits an anti-respondent bias generally but also colorable evidence that the school employed that bias in the sexual-misconduct proceeding at issue. Here, for instance, there is colorable evidence that the investigators:
• refused to follow leads that were potentially exculpatory; Continue reading →

Bo Winegard, Fired For Science

It’s not as if he were arguing that the earth is flat or gravity doesn’t exist. Still it cost him his job as a tenure-track professor.

My troubles began in October 2019 when I was invited to address an evolutionary group at the University of Alabama. I had decided that I would discuss human population variation, the hypothesis that human biological differences are at least partially produced by different environments selecting for different physical and psychological traits in their populations over time. I planned to defend this view as most consistent with a Darwinian understanding of the world.

Sound crazy or like, well, science? Continue reading →

The Progressive Problem: Is Purity For Losers?

David Leonhardt says the left has a problem. They just can’t stop losing.

The biggest lesson is simply this: The American left doesn’t care enough about winning.

It’s an old problem, one that has long undermined left-wing movements in this country. They have often prioritized purity over victory. They wouldn’t necessarily put it these terms, but they have chosen to lose on their terms rather than win with compromise.

He’s certainly got a point, that what they call a “progressive” agenda is so absolute that it tolerates no discussion, question or challenge. And as Leonhardt notes, many people generally approve of much of the agenda. Continue reading →

International Women’s Day? Melinda Says Talk About It

Today is International Women’s Day, started by the Socialist Party of America in 1909. Melinda Gates, who enjoys some celebrity based upon the vast wealth accumulated by her husband, informs us how to “celebrate” it today.

The World Economic Forum recently projected that it will take 208 years to close major gender gaps in the United States — but this should only take a few minutes. Take a moment from your Sunday routine to join me in marking International Women’s Day in a small, but potentially important, way: Start a conversation about gender equality. Even better, talk about it with someone you’ve never discussed it with before.

In 1909, there were major gender gaps in the United States. Women couldn’t vote. Women were expected to stay home, have children and spend their days caring for the house and babies. There were laws, in many instances, precluding women from breaking free of their chains. Where there were no laws, discrimination was open and notorious. Continue reading →

Short Take: The Warren Fury

When Amy Klobucher dropped out, there were no cries of sexism. The New York Times reports that “In the end, the pink wave carried two white men ashore,” apparently forgetting that Tulsi Gabbard has yet to bail. Why is it that Elizabeth Warren has captured the hearts of passionate feminists where others of presumptively female gender have not?

https://twitter.com/mattyglesias/status/1236125891035623424

In an op-ed in the New York Times, bearing the inflammatory title, “I Am Burning With Fury and Grief Over Elizabeth Warren. And I Am Not Alone,” Sarah Smarsh explains. Continue reading →

Sentenced For Being Weinstein

Following his conviction for rape in the third degree and criminal sexual act in the first degree, Harvey Weinstein will next face sentence, which potentially ranges from five years to 29 years in prison. There will be an appeal of the conviction, regardless of sentence, with substantial grounds, but that by no means assures reversal.

If the conviction is affirmed, and the sentence is either not appealed or affirmed as well, there stands a good chance that Harvey Weinstein will die in prison. And for good measure, he still has an open indictment in California, just in case. But while there’s empathy for killers, Weinstein remains the monster most hated, the embodiment of #MeToo outrage and a defendant for whom no woke tears are shed. Continue reading →

Seaton: Local Man Unconcerned With Coronavirus

Despite concerted efforts from local news media, friends, family, and acquaintances, a Grove Park man refuses to freak out about the coronavirus illness sweeping the globe causing numerous cases of illness and death.

Nathan Schultz, 35, a father of two and graphics design artist, was quoted as saying, “I get it, people are worried about the coronavirus thing. I just don’t see a reason to freak out about it especially when I’ve got two clients who need their projects finished by the end of the week.”

When asked about the letters of concern from his children’s school about the coronavirus, Schultz said, “I get they’re worried. I’m glad they’re looking out for the kids. So am I, and right now my biggest worry is making sure my daughter makes basketball practice on time tonight.” Continue reading →

Privilege and Pandemic

It’s a meme come to life.

While we have yet to see whether coronavirus will be the end of the word, no big deal or something in between, Charlie Warzel sees an opportunity to put his “privilege” on display.

I’m a Times employee living in Montana and so social distancing is closer to the status quo for me than I care to admit. I work from home. I show my disheveled face in meetings via Zoom and Skype and Google Hangouts. I FaceTime my therapist who practices in New York City, where I used to live. I chat endlessly with co-workers, sources and friends via Slack and 49,000 other direct messaging channels. Recently, my partner and I calculated that we’d save on gym membership if we splurged upfront on a $2,245 Peloton. Hermit Tech has made my (definitely not typical) life wildly efficient. Thanks to technology, human contact has unexpectedly become a luxury I can choose to seek out. Continue reading →

A Practical Warden

Bill Lapinskas was remarkable in that he had the epiphany while he was still in a position to do something about it, and he did.

The Department of Corrections was not enthused.

Most of the time, the epiphany comes from the “formerly” folks, formerly a cop, formerly a senator, formerly a judge. But when they had the power to do something, they were company men through and through. Only afterward do they come out with passionate tears for all they’ve done wrong, when they no longer have any power or authority to actually do anything. And when doing so no longer involves any risk.

Bill Lapinskas took a risk. Continue reading →

Can “Restorative Justice” Fill The Gap?

While the words are mostly familiar to those dedicated to criminal law reform, Lara Bazelon and Aya Gruber argue that they should be embraced by the many women who have taken up the cry of #MeToo as an “alternative to prison.” It’s time, they write, to consider “restorative justice.”

For decades, victims’ rights advocates, including many feminists, have stood behind the promise prosecutors routinely make to victims: We will absolve your pain by prosecuting your offender to the maximum possible extent. But for many, it is an empty promise. A vast majority of sexual assault cases never see the inside of a courtroom. Some victims, like Ms. Judd, seek restorative justice, a remedy intended to heal victims and prevent reoffending through accountability and restoration — not incarceration.

Continue reading →