Hans Bader is a senior attorney at the Competitive Enterprise Institute.
Last Wednesday, 72 left-wing groups, including the Feminist Majority Foundation, American Association of University Women, and Leadership Conference on Civil and Human Rights, asked federal civil-rights officials to crack down on anonymous politically-incorrect speech on campus, which they claim violates federal civil-rights laws such as Title IX. They claim they are concerned about “harassment” on anonymous […]
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On October 15, The New York Times published a balanced news story that inadvertently revealed the stupidity of “Yes Means Yes” policies. Those policies redefine a great deal of consensual sex and touching as “sexual assault,” and effectively require college students to engage in “state-mandated dirty talk” during sexual encounters (as one supporter of “Yes Means Yes” policies gloated). That potentially violates the Constitution, and such policies have […]
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The College Fix published an interesting article, “Department of Education shredded for lawless overreach in Senate hearing.” It was about Congress getting annoyed with the Education Department for illegally imposing mandates on colleges and schools out of thin air, without even going through rulemaking or the notice and comment required by the Administrative Procedure Act […]
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The Education Department, where I used to work, is becoming more and more extreme in how it misinterprets and misapplies federal law. For example, the Education Department has thumbed its nose at federal court rulings by wrongly creating entitlements for people who make false discrimination and harassment complaints—even though such baseless complaints can make life […]
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The federal government is now admitting that its own financial aid is partly to blame for rising tuition, reports Blake Neff in The Daily Caller: A new report by the Federal Reserve Bank of New York has found that the massive investment in grants and student loans by the federal government is a major contributor […]
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CEI Recently, I wrote about a report to the Senate by a task force of college presidents, on how the Education Department is illegally dumping an avalanche of new rules and regulations on America’s schools, without even complying with the Administrative Procedure Act’s notice-and-comment requirements. Yet another example of such mischief is the 2014 sexual […]
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CEI A task force of college presidents has chronicled massive regulatory overreaching by the U.S. Department of Education, which, on a daily basis, floods the nation’s schools with new, uncodified agency requirements that have never even been vetted through the formal rule-making process. “The Report of the Task Force on Federal Regulation of Higher Education: […]
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CEI Bad things can happen when an agency (like the Education Department) throws caution to the wind and regulates based on slanted media coverage from National Public Radio, rather than facts and evidence. Checks and balances exist for a reason. When agencies impose new obligations on the institutions they regulate, they are supposed to first […]
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Brian Ferguson, a 20-year-old autistic student, has been suspended from special-needs classes at Navarro College in Texas for mistakenly hugging a woman he did not know and kissing her on the top of her head, according to the student’s mother, Staci Martin. She said, “And then they labeled it ‘sexual assault’ because of the kissing,” […]
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At Ohio State University, to avoid being guilty of “sexual assault” or “sexual violence,” you and your partner now apparently have to agree on the reason WHY you are making out or having sex. It’s not enough to agree to DO it, you have to agree on WHY: there has to be agreement “regarding the […]
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Examiner Scheming politicians, opportunists, and grifters have latched onto the recent panic over a supposed “rape culture” on college campuses to clamp down on activities having nothing to do with rape. In some cases, they have imposed regulations that take away student opportunities and harm small businesses. Never mind that, as Wikipedia recently noted, there has been a […]
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Liberty Unyielding It is a conflict of interest — and sometimes a violation of the Constitution — for a fine to go to the very unit of government that employs the judge or official who imposed the fine. That gives the official an incentive to find the accused guilty in order to enrich the official’s […]
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It’s not just the Obama administration VAWA Office that thinks all sexual contact or behavior without “explicit consent” is sexual assault. So does Senator McCaskill (D-MO). Later this summer, McCaskill is going to propose legislation that would further undermine due process on campus. According to Senator McCaskill’s spokeswoman, she thinks that people (including, presumably, her […]
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Cross-posted from Open MarketJustice Brandeis once observed that “The greatest dangers to liberty lurk in the insidious encroachment by men of zeal, well meaning but without understanding.” However well-meaning they may be, the Obama administration’s guidance and task force recommendations yesterday on campus sexual harassment and rape contain an insidious attack on cross-examination (as KC […]
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Cross-posted from Open Market Earlier, we wrote about a Wisconsin town whose ordinance holds parents liable for bullying by their children, including certain speech. We and law professor Eugene Volokh noted that this raised serious First Amendment issues. Now, a New Jersey judge has done the same thing by judicial construction, by allowing New Jersey school districts to drag […]
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Cross-posted from Open Market “The Wandering Dago food truck wants to park and sell food at various events on New York State property. The state says no, because the name is offensive. Does that violate the First Amendment?” The answer is probably yes, says UCLA law professor Eugene Volokh at this link. He recently discussed […]
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Cross-posted from Open Market Crime rates are not the same for different racial groups, and student misconduct rates aren’t, either. The Supreme Court ruled many years ago that such racial disparities don’t prove racism or unconstitutional discrimination. But in guidance issued last week by the Justice and Education Departments, the Obama Administration signaled that it will hold school districts […]
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(Cross-posted from Open Market) Earlier, we wrote about the Obama administration’s attempt to inject a race-conscious “disparate impact” provision into colorblind anti-discrimination laws like the Fair Housing Act, and how that could lead to risky, race-conscious lending, bad loans, and future bank failures, mortgage meltdowns, and financial crises. Now, Ohio University economics professor Richard Vedder highlights an […]
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Recently, two male students sued colleges that expelled or suspended them over allegedly false claims of sexual misconduct. Citing school officials’ repeated violation of rules contained in student handbooks and college regulations, they argue that Vassar College and Saint Joseph’s University violated their contractual rights, Title IX (which bans sex discrimination), and anti-fraud laws.Their legal claims seem plausible to […]
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Reposted from Open Market We live in a culture where harsh but truthful criticism, or exposure of wrongdoing, is viewed by some as “bullying,” especially when it affects someone’s inflated “self-esteem.” Some examples: DePaul University has punished a student for publicizing the names of fellow students who admitted vandalizing […]
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Cross Posted From Open Market I’ve written before about perverse federal financial aid policies that encourage colleges to jack up tuition. Recently, the Obama administration came up with something even worse. It announced a new financial aid policy that will effectively bail out low-quality, high-tuition colleges and especially law schools at taxpayer expense, and encourage […]
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Originally posted at Open Market The Washington Times takes note of the burgeoning higher education bubble in a recent editorial: The cost of a college education has soared far in excess of the cost of health care. This is in spite of — or, more accurately, because of — massive government involvement in subsidizing […]
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Cross-Posted from Open Market New York City Council Speaker Christine Quinn wants to kick Chick-fil-A out of New York because its CEO, Dan Cathy, opposes gay marriage. Accordingly, she informed the head of New York University (which leases space to the one Chick-fil-A restaurant in New York City) that “Chick-fil-A is not welcome in New York […]
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http://www.examiner.com/article/elizabeth-warren-milked-racial-preferences-for-her-own-gain
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Cross-posted from Open Market. Diversity training doesn’t work, according to an article in Psychology Today. In it, Peter Bregman notes, “Diversity training doesn’t extinguish prejudice. It promotes it.” But don’t expect it to stop. Government regulations often require that a school be accredited, a condition that accreditors like the American Bar Association use to force […]
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Cross-posted from Open Market. Provisions are being added to the 1994 Violence Against Women Act that could undermine due process on campus and in criminal cases, as civil liberties groups like the Foundation for Individual Rights in Education (FIRE) and civil libertarians like former ACLU board member Wendy Kaminer have noted. The changes are contained […]
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Cross-posted from Open Market A jury has convicted Dharun Ravi of hate crimes in the Tyler Clementi case, which created a furor over bullying that led to legislation that endangers free speech on campus, and helped spawn a thriving “anti-bullying” industry that has enriched opportunistic consultants and self-proclaimed experts. Ravi surreptitiously captured on webcam his […]
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Cross-posted from Open Market The Obama administration is pushing quotas in the workplace and higher education, seeking to force businesses that have federal contracts to hire at least 7 percent disabled workers, and encouraging colleges to use race in admissions to achieve a “critical mass” of black and Hispanic students — a de facto quota. […]
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Cross-posted from Open Market “It launched a hundred ‘anti-bullying’ initiatives at all levels of government, but much of what you think you know about” the Tyler Clementi case “is probably wrong,” notes legal commentator Walter Olson at Overlawyered, the world’s oldest law blog. Andrew Sullivan discusses this as well, linking to Ian Parker’s article in […]
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Cross-posted from Open Market. The Chronicle of Higher Education reports that a team of eight law firms have just “sued a dozen more law schools across the country, accusing them of luring students with inflated job-placement and salary statistics and leaving graduates ‘burdened with debt and with limited job prospects.’ The lawyers . . . […]
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