False accusations of rape are no joke. Just ask the Duke lacrosse team or the University of Virginia fraternity brothers who were smeared in Rolling Stone magazine. Such high-profile travesties of justice are the tip of an iceberg that has now been documented in detail by KC Johnson and Stuart Taylor, Jr.
The atmosphere on many American campuses is thick with intimidation of anyone who might dissent from a poisonous version of feminist orthodoxy. Strident accusations and demands would not have been enough, though, without widespread acquiescence in politically driven lies about sexual assault. College bureaucrats, the media, and cowardly politicians, including some very prominent Republicans, have all contributed to a culture in which simple procedural fairness is treated as though it were part of a “war on women.” This problem will not be solved with a stroke of anyone’s pen. But some significant steps can be taken very expeditiously by the Trump administration.
In response to: The Uselessness of Constitutional Law
As usual, I find myself charmed by Mike Paulsen’s provocative style, which is on full display in The Uselessness of Constitutional Law. And, as usual, I agree with much of what he says. He is certainly right, for example, that constitutional law should not be taught in the manner of a bar preparation course. I also agree that constitutional law should not be part of the first year curriculum, where it is liable to be a misleading distraction at best. Paulsen’s most significant claim is that constitutional law instructors, on the courts and in the academy, are mostly corrupters of easily…
I agree with approximately 90% of Michael Stokes Paulsen’s remarks on the “uselessness of constitutional law,” so anyone looking for a defense of the professoriate to teach constitutional law will be sorely disappointed. That leaves the 10% difference between us, to which I shall turn presently. First, though, I want to take a few lines…