Colleges Challenge a Common Protection in Sexual Assault Lawsuits: Anonymity

The former college student said she had been raped three times as an undergraduate at Florida A&M University, twice by students and once by an acquaintance who was on campus regularly.

She withdrew from the university and filed suit, saying that campus officials did not do enough to investigate the claims and protect her from being attacked again and again. As a precaution, she identified herself in public court papers only as S.B.

Her school fired back three times with a demand for the court: Reveal her full name or toss out the case.

For years, students have filed sexual assault complaints under pseudonyms, which allow them to seek justice without shame or fear of being targeted. Universities have generally accepted the practice.

But in two recent lawsuits — S.B.’s case against Florida A&M University and a suit by nine women against Dartmouth College — the schools have demanded that students publicly reveal their identities, going against longstanding legal practice intended to protect plaintiffs in sensitive disputes.

Experts on sexual assault cases say that these demands amount to a newly aggressive stance by universities that face potentially damaging lawsuits, and that they run counter to the spirit of federal civil rights policies. The identities of the women in both cases are known to the university lawyers, but not to the public.

“What you’re seeing in this particular case is real hardball,” said Andrew Miltenberg, a lawyer who typically represents men accused of sexual assault. “And it’s still not the way most lawyers or schools handle it. They’re a little bit more gracious about protecting someone who was their student.”

On Wednesday, S.B.’s lawyer sent a letter to more than 40 state legislators objecting to the university’s tactics and asking them to investigate the matter.

Break up the family? White House weighs new border deterrent.

Violence in Central America has caused a surge in families requesting asylum. The Trump administration has confirmed it’s looking at bold moves to discourage them. But separating moms from kids may prove too draconian, and difficult.

.. For years, deteriorating conditions in Central America, and what Secretary Kelly himself has described as “unimaginable violence” in the region, has driven a surge of families and unaccompanied minors traveling through Mexico to reach the US border.

.. Advocates and many Democratic lawmakers this week have recoiled at the Trump administration’s proposed policy of separating mothers from their children. For their part, officials say the surge is so large that such a drastic policy is necessary.

I would do almost anything to deter the people from Central America from getting on this very, very dangerous network that brings them up through Mexico into the United States,” Kelly told CNN earlier this week.

.. It has also cut the number of refugees admitted to the United States each year to 50,000, down from 110,000.
.. But Central American families seeking asylum at the border are not part of the refugee admissions program, scholars point out. According to US immigration law and international treaties, officials are obligated to give asylum-seekers due process and a hearing to consider their claims.
.. “Is that what the US wants to be identified with around the world?” asks Camilo Pérez-Bustillo, executive director of the Human Rights Center at the University of Dayton in Ohio. “If we want to deter this kind of migration, we might want to focus on the conditions that produce it, and on policies that are transformative in terms of those conditions…. Punishing, in effect, the victims of those conditions because they’re seeking protection seems to be literally perverse.”
.. It is reportedly drafting plans to cut billions of dollars from agencies such as the Coast Guard, the Transportation Security Administration, and the Federal Emergency Management Agency, which provides relief after natural disasters, in order to fund its expanded crackdowns on undocumented immigrants
.. Officials have now been instructed to prosecute parents of unaccompanied minors for the crime of human trafficking. Critics consider this deterrent effort, too, a severe blow to those attempting to unify their families, or even save their children’s lives.

.. Supporters of the president’s immigration policies, too, note that the nation’s obligations to asylum-seekers are often easily abused.

.. “An important problem is, a lot of time there are adults bringing kids with them, but they are not their own kids, and they are sort of rent-a-child operations,”
.. “Because under Obama, if you had a kid with you, it was almost an automatic ticket to being let go”
..  These TV and radio announcements warned people that they would be sent back if they tried to enter the country.“Well, that wasn’t true,”

.. Part of the reason for this surge in immigrants, most of them from Central America, continues to be the ongoing gang violence in countries such as El Salvador, Guatemala, and Honduras, which have some of the world’s highest murder rates for nations not at war.

.. in years past the surge of asylum seekers from Central America included a large number of unaccompanied teenagers. Now she mostly sees families with younger children. “So it’s also very difficult for family members already here, and already working long hours, to take on the responsibility for young children needing care all the time, from changing diapers to watching toddlers and preschool age kids.”

.. “You can’t have a first-cut process that approves everybody,” he says. “The ‘credible fear standard’ needs to be raised significantly so that you don’t even get fed into the pipeline for asylum unless you have a more-than-plausible story

.. But few experts believe that in the end, the policy of separating mother from their children would deter families from trying to apply for refuge.

“If the choice is to stay in your country and die, or come to the United States and face whatever may come, it’s not really a choice,”

..  “As traumatizing as it would be to be separated from your children, if the alternative is to see them killed, it’s not really a choice and it won’t be a deterrent from coming.”

 

 

Mike Pompeo Is Good for Diplomacy

dwell for a moment on the awfulness of Tillerson.

He came to office with no discernible worldview other than the jaded transactionalism he acquired as ExxonMobil’s C.E.O. He leaves office with no discernible accomplishment except a broken department and a traumatized staff.

Six of the 10 top positions at State are vacant; even now the United States does not have an ambassador to South Korea, Turkey, Saudi Arabia, Egypt, South Africa or the European Union, among other posts.

.. he did seem to figure out that Vladimir Putin is a bad guy. But that’s progress only because he was previously the Russian despot’s premier apologist.

.. he opposed the president’s two best foreign policy decisions: moving the U.S. Embassy to Jerusalem and decertifying the Iran deal.

.. Some secretaries of state — Colin Powell, for instance — alienate their bosses by siding with the bureaucracy. Others, like Henry Kissinger, do the opposite. Tillerson is the rare bird who managed to do both.

.. unlike Tillerson, he will have credibility with foreign governments. Just as importantly, he’s been willing to contradict the president, meaning he’ll be able to act as a check on him, too.

Trump isn’t going to be disciplined by someone whose views are dovish or establishmentarian. But he might listen to, and be tempered by, a responsible hawk.

.. The notion that Kim Jong-un is going to abandon his nuclear arsenal is risible. What, other than reunification of Korea on Pyongyang’s terms, would Kim exchange his arsenal for?

Equally risible is the idea that his regime will ever abide by the terms of a deal. North Korea violates every agreement it signs.

.. might strike it at South Korea’s and perhaps Japan’s expense. This president has never been particularly fond of our two closest Asian allies, much less of the cost to the United States of aiding in their defense.

.. The promise of Pompeo is that he can provide ballast against some of Trump’s other gusts, particularly when it comes to the Kremlin.

  • On Syria, he dismisses the possibility of a collaborative relationship with Russia.
  • On Russia’s invasion of Ukraine, he insists, “America has an obligation to push back.”
  • On WikiLeaks, he calls it a “non-state hostile intelligence service.”
  • On Russian interference in the U.S. election, he acknowledges it as incontrovertible fact and warns of the “Gerasimov doctrine” — the Russian conviction that it can use disinformation to win a bloodless war with the West.

.. If the thought that Putin has strings to pull with this president alarms you, Pompeo’s presence should be reassuring. However much you might otherwise disagree with him, the guy who graduated first in his class from West Point is not a Russian stooge.

.. he’d be smart to model his behavior on Defense Secretary Jim Mattis, the administration’s one undisputed star, who thrives in his job because he’s plainly not afraid of losing it, much less of speaking his mind.

We All Live on Campus Now

When elite universities shift their entire worldview away from liberal education as we have long known it toward the imperatives of an identity-based “social justice” movement, the broader culture is in danger of drifting away from liberal democracy as well.

If elites believe that the core truth of our society is a system of interlocking and oppressive power structures based around immutable characteristics like race or sex or sexual orientation, then sooner rather than later, this will be reflected in our culture at large. What matters most of all in these colleges — your membership in a group that is embedded in a hierarchy of oppression — will soon enough be what matters in the society as a whole.

.. The idea of individual merit — as opposed to various forms of unearned “privilege” — is increasingly suspect.

..  Any differences in outcome for various groups must always be a function of “hate,” rather than a function of nature or choice or freedom or individual agency

.. Polarization has made this worse — because on the left, moderation now seems like a surrender to white nationalism, and because on the right, white identity politics has overwhelmed moderate conservatism.

.. Trump plays a critical role. His crude, bigoted version of identity politics seems to require an equal and opposite reaction.

.. there’s a huge temptation to respond in kind.

.. anger is rarely a good frame of mind to pursue the imperatives of reason, let alone to defend the norms of liberal democracy.

..  Liberals welcome dissent because it’s our surest way to avoid error. Cultural Marxists fear dissent because they believe it can do harm to others’ feelings and help sustain existing identity-based power structures.

..  the impulse to intimidate, vilify, ruin, and abuse a writer for her opinions chills open debate.

.. An entirely intended byproduct of this kind of bullying — and Roiphe is just the latest victim — is silence.

.. only a member of a minority group can speak about racism or homophobia, or that only women can discuss sexual harassment.

.. The only reason this should be the case is if we think someone’s identity is more important than the argument they might want to make

..  left-feminists are not just interested in exposing workplace abuse or punishing sex crimes, but in policing even consensual sex for any hint of patriarchy’s omnipresent threat.

..  In the struggle against patriarchy, a distinction between the public and private makes no sense.

.. There’s a reason that totalitarian states will strip prisoners of their clothing. Left-feminists delight in doing this metaphorically to targeted men — effectively exposing them naked to public ridicule and examination because it both traumatizes the object and more importantly sits out there as a warning to others.

.. Besides, if they’re innocent, they’ll be fine!

.. can anyone justify why the POSSIBLE innocence of men is so much more important than the DEFINITE safety and comfort of women?”

..  we now have a “gender editor” at the New York Times, Jessica Bennett

.. Does she understand that the very word intersectional is a function of neo-Marxist critical race theory? Is this now the guiding philosophy of the paper of record?

.. At The Atlantic, the identity obsession even requires exhaustive analyses of the identity of sources quoted in stories. Ed Yong, a science writer, keeps “a personal list of women and people of color who work in the beats that I usually cover,” so he can make sure that he advances diversity even in his quotes.

..  there is no art that isn’t rooted in identity.

.. I don’t doubt the good intentions of the new identity politics — to expand the opportunities for people previously excluded. I favor a politics that never discriminates against someone for immutable characteristics

.. what we have now is far more than the liberal project of integrating minorities. It comes close to an attack on the liberal project itself. Marxism with a patina of liberalism on top is still Marxism — and it’s as hostile to the idea of a free society as white nationalism is.

.. the core concepts of a liberal society —

  • the individual’s uniqueness,
  • the primacy of reason,
  • the protection of due process,
  • an objective truth

— are so besieged, this is one of the reasons.

.. The goal of our culture now is not the emancipation of the individual from the group, but the permanent definition of the individual by the group. We used to call this bigotry. Now we call it being woke. You see: We are all on campus now.

.. prudence that worries about unintended consequences; that values thrift; that tries to insure itself against future risks; that takes the responsibility of government seriously; that worries about extreme rhetoric; that balances the budget; that insists on constantly taking pains to protect inconvenient constitutional norms; that defends existing institutions. I could go on. It all began with Burke’s recoil from the French Revolution.

.. Is there any institution in the West that is currently less conservative than the GOP?

.. No institution that is integral to our liberal democracy is immune from attack. This includes law enforcement (the FBI), the Justice Department, an independent and free press, the prerogatives of the opposition party, and regular order in the Congress.

It is a party that would impeach a State Supreme Court rather than give up its gerrymandered districts.

.. its cult leader never misses an opportunity to deepen racial divides and to inflame the gender wars.

.. Whatever else this record is, it is an open and outright assault on any concept of prudence, responsibility, or moderation. Which is to say it is an assault on conservatism itself.

.. If there is any future for the conservative soul and mind in America, it will have to start with the wholesale destruction of the current Republican Party. I made that case more than a decade ago now.