December 5, 2018

"I’m a Democrat and a Feminist. And I Support Betsy DeVos’s Title IX Reforms."

Writes Lara Bazelon, the director of the criminal juvenile justice and the racial justice clinics at the University of San Francisco School of Law in a NYT op-ed. She is concerned about due process and "racial dynamics."
[In the law school clinic I direct,] we see what the Harvard Law School professor Janet Halley described in a 2015 law review article: “The general social disadvantage that black men continue to carry in our culture can make it easier for everyone in the adjudicative process to put the blame on them.” ...

We have long over-sexualized, over-criminalized and disproportionately punished black men. It should come as no surprise that, in a setting in which protections for the accused are greatly diminished, this shameful legacy persists.

“I’ve assisted multiple men of color, a Dreamer, a homeless man and two trans students,” Professor Halley told me. “How can the left care about these people when the frame is mass incarceration, immigration or trans-positivity and actively reject fairness protections for them under Title IX?”...

I know my allies on the left will criticize my position....

38 comments:

JML said...

They won't just criticize his position, they will get personal and criticize him. He is nothing but a nazi supporting misogynist now, and nothing else he has done matters.

Rob said...

If we could just dispense with due process for cis white males, everybody would be happy.

Jason said...

Any relation to Emily?

Dickin'Bimbos@Home said...

the left hate due process and they hate free speech. That's why they HATE Devos.

Kamala compares Immigration and Customss officers with the KKK. Even the African American ones. and that level of insane hatred wants to be your president.

J. Farmer said...

Interesting how the argument is framed in regards to what impact it might have on blacks, transvestites, and Dreamers. If only we could craft a system that would screw only straight white men!

rhhardin said...

I though it was man hatred. Nobody knew it was racist.

Dickin'Bimbos@Home said...

If only we could craft a system that would screw only straight white men!

Exactly. In order to build up the leftwing utopia, someone, somewhere must be town down.

Ingachuck'stoothlessARM said...

Cruella DeVos and her henchmen!

Temujin said...

You lost me at transpositivity. Looks like you lost my spell-check too, because it can't find it. And I don't want to teach it that word.

Hi. My name is Academe. I make up words. I make up entire areas of 'study' that I can claim for my own. I make up the rules of how it's played, what you can say, think, do, or wear. I tell you how you should feel about yourself, and more importantly, how you should feel about those who don't think like us, who you should shun. And not only who to shun, but how to properly shun them, with multiple levels of shunning.

I literally create my own domain, create my own job and hierarchy that includes others like me, so we can keep out any who we determine should be shunned. It's our rules. Soon I have universities, magazines, networks, and all sorts of people clamoring for my expertise on my subject, which I made up, and foisted on everyone. It's an amazing thing. I love being Academe.

Occasionally, I have a clear thought in my head. When I do I try to suppress it. But if it forces it's way out and I write about it, I'll ask that you don't flog me, shun me, or cast me out. Please just let me be. This will pass and soon I'll rejoin Academe.

Mike Sylwester said...

One problem in the Obama Administration's requirements that colleges conduct kangaroo-court proceedings whenever a female student accuses a male student of sexual harassment is that many of the accused males would be Blacks.

Furthermore, there would be many cases of White females accusing Black males.

Furthermore, many of the accused Black males would be athletes.

These were unforeseen consequences of the requirement that kangaroo-court proceedings must be conducted.

Lyssa said...

A big problem that I see is that colleges are supposed to use, and perhaps even intend to use, a “preponderance of evidence” standard, but they really don’t, at least in the cases that make the news. It’s more of a reverse reasonable doubt standard, or a prove your innocence standard when applied. Preponderance of evidence isn’t an unreasonable standard in theory - these are the equivalent of civil suits - but it’s not practiced.

So, I support reform, but I’m not sure how much you can do with a legal change. It’s a cultural problem.

Mike Sylwester said...

Basically, hate-crime laws were established with the intention that they would be enforced only against Whites. That was the intention and largely has been the practice.

Some cases have happened, however, where the selective enforcement of the hate-crime laws has become so blatant that some Blacks too almost must be charged.

That is a problem.

Likewise, the Obama Administration's requirement for kangaroo-court proceedings in sexual-harassment accusations was intended to be enforced only for White male students.

Of course these selective-enforcement intentions could not be written down, but they were commonly understood.

Jupiter said...

“The general social disadvantage that black men continue to carry in our culture can make it easier for everyone in the adjudicative process to put the blame on them.”

That "general social disadvantage" being otherwise known as a propensity for violent crime.

Shouting Thomas said...

Another Bazleton, hoist into position by hereditary wealth and power, lecturing us on equality.

The nice white ladies take care of one another first.

HG said...

JML- did you mean '...criticize her?'

Fernandistein said...

"We have long over-sexualized, over-criminalized and disproportionately punished black men."

No, that's not true, regardless of the meaning of "we".

"I’ve assisted multiple men of color, a Dreamer, a homeless man and two trans students,"

Boy, that was a close call!

It's a good that she made it clear that she hadn't assisted any straight white guys, or she'd get kicked out the Feministas and Intersectionalists Krazy Koalition Klub.

Tommy Duncan said...

"We have long over-sexualized, over-criminalized and disproportionately punished black men."

That statement is only true if you sufficiently torture the facts and distort your perspective.

Shouting Thomas said...

But... but... I'm saving black men!

The eternal cry of the nice white lady on the make for herself.

wild chicken said...

Minorities hardest hit. It's def a problem. Kon Krakauer had to to go to bumfuck Montana to write about the Campus Rape!! problem because he knew at least the perps would be white.

wild chicken said...

Jon Krakauer, that is.

Tom T. said...

Due process apparently being of value not because of any inherent virtue in such a system but because it tends to help the right people.

hombre said...

But then there ARE those pesky reported “crime by race” statistics that BJS used to publish that shed some light on the “social disadvantage black men continue to carry ...” and who is carrying whom.

It’s as though for the left a whole slice of reality called “black crime rates” doesn’t exist. Sort of like “immigrant welfare rates,” which also don’t exist.

James K said...

I know my allies on the left will criticize my position....

Because agreeing with anything Trump (or anyone in his administration) does is simply not allowed.

gerry said...

I know my allies on the left will criticize my position....

Is she receiving death threats yet?

Doug said...

i
Blogger rhhardin said...
I though it was man hatred. Nobody knew it was racist.


EVERYTHING's racist if you look hard enough.

Tina Trent said...

Instead of acknowledging the uncomfortable fact that sexual assault rates for black male college students mirror sexual assault rates among black males generally -- and these rates are shockingly higher than any other race or ethicity -- Bazelon dishonestly extrapolates an accusation of false accusations from a statistic from only one cherrypicked school, Colgate. And in order to cover up her intellectual dishonesty, she switches from using raw numbers to using percentages. Thus, her complaint that black males represent 50% of the accused might mean that two or four black men were accused at Colgate. She doesn't tell us how many cases she is referencing, but it is likely just a handful. And she doesn't tell us anything about the cases themselves: were they real rapes or unproven rape reports; were any or all investigated by police, or not? Any prosecuted? And of course she doesn't tell us that black males in fact commit at least half of all rapes despite being a small percentage of all males, so why should college students be any different? Nor does she acknowledge that interracial rape is almost exclusively a black on white phenomenon, with 7 to 14 thousand such rapes reported each year since 2000, and often NO white on black rapes, or at most a few, reported annually in the entire U.S. This is not a small difference.

Earnest Prole said...
This comment has been removed by the author.
Howard said...

She's Gen-X, this hole mess is boomer shit. Fortunately the kids are taking over

Earnest Prole said...

These days intellectual honesty is rare and brave.

n.n said...

Individual dignity, intrinsic value, perhaps inordinate worth, without diversity (i.e. color judgments/discrimination) or political congruence. Men and women are equal in rights and complementary in Nature. A reconcilable system under law, not a regime that is selective, opportunistic under social justice.

John Lynch said...

This is good. The whole point of due process for everyone is to prevent unpopular people from getting the shaft. She's exactly right. She has to speak lefty diversity code to get the idea across to her audience. Maybe some of it will stick.

CJinPA said...

I know my allies on the left will criticize my position....

'But don't worry, we still agree the enemy is the white hetero male. I only support Trump here because our people are getting wounded in the assault.'

Rick said...

“The general social disadvantage that black men continue to carry in our culture can make it easier for everyone in the adjudicative process to put the blame on them.” ...

Fairness to everyone still cannot be accepted. All objections must center on ideologically acceptable victims so we can continue to demonize the subhumans.

Rick said...

Lyssa said...
So, I support reform, but I’m not sure how much you can do with a legal change. It’s a cultural problem.


I don't think it's cultural - the system worked exactly as it was intended. Universities staffed Title IX with inquisitioners who understood their job is to do whatever is necessary to reach the desired conclusion. This is one reason why universities hide even the training materials from outsiders.

Rick said...

wild chicken said...
Minorities hardest hit. It's def a problem. Kon Krakauer had to to go to bumfuck Montana to write about the Campus Rape!! problem because he knew at least the perps would be white.


Similarly Sabrina Erdely chose to write about the obvious hoax UVA case over the outrageous and true but pigmentally inconvenient Vanderbilt case.

DavidD said...

“How can the left care about these people when the frame is mass incarceration, immigration or trans-positivity and actively reject fairness protections for them under Title IX?”

Something something law of unintended consequences something....

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McCackie said...

White Feminists are Racist. Surprise not.