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KC Johnson Profile picture
@kcjohnson9
Sep 18, 2020 • 5 tweets • 3 min read • Read on X
Just in: Court denies @AmericanU MTD in acc'd student lawsuit, on both TIX & breach of contract grounds. W/no appellate decisions on issue from CADC, court also joins CA3, CA8, and CA9 in adopting the plaintiff-friendly CA7 Purdue TIX standard. Image
This was a v. strong TIX opinion, albeit one based on a v. strong complaint. Court comments on single inv'r seemingly inexplicable decision to ding credibility of acc'd student on minor issues while ignoring significant credibility concerns in accuser's story. Image
Court also comments on oddity of single inv'r seemingly discounting accused student's version of events simply b/c it came from...an acc'd student. Image
Court denies breach of contract MTD on several grounds--whether accuser's complaint violated AU's statute of limitations; whether inv'n was conducted w/basic fairness; & why acc'd student wasn't given IDs of sanctioning board members so he could consider recusal request. ImageImageImage
Full opinion, from Judge Amit Mehta (Obama nominee), is below. KaiserDillon handled case for acc'd student.
ecf.dcd.uscourts.gov/cgi-bin/show_p…

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More from @kcjohnson9

KC Johnson Profile picture
Aug 30
The Columbia antisemitism support suggests a deeply flawed campus culture: “One student captured more than 750 antisemitic online posts written by Columbia students and organizations.”
"Students reported being told 'Kill your fucking self. And I’ll fucking kill you.'”
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“we have heard that students have been referred to counseling and psychological services—which they correctly understood as implying that they just need to learn to accept and cope with antisemitic experiences.” Image
Striking number of instances of physical assault against Jewish students. Image
Read 25 tweets
KC Johnson Profile picture
Jun 21
Stanford antisemitism committee unanimously concludes: "antisemitism exists today on the Stanford campus in ways that are widespread and pernicious."

Also: "Whether one equates anti-Zionism with antisemitism by definition, these two biases are in fact closely intertwined."
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Report notes that many of the Jewish students targeted were on the political left. Image
Problems occurred in the classroom as well: Image
Read 27 tweets
KC Johnson Profile picture
Mar 26
Quite an opening anecdote in this richly reported @TheAtlantic piece on Stanford after Oct. 7. Image
Interesting analysis here--which I'm not sure fully explains *why* the average student has changed (or why the average student wasn't horrified by the events of Oct. 7). Image
Fascinating excerpt w/prominent anti-Israel prof--who either dissembles about his position or is simply Orwellian in his language. Image
Read 4 tweets
KC Johnson Profile picture
Mar 7
The key argument in antisemitism lawsuit filed today against @MIT: "MIT tolerated discriminatory, harassing speech that it had expressly not tolerated in other comparable situations." Image
Lawsuit alleges selective enforcement claim--rules enforced against Jewish and pro-Israel students but not against non-Jewish and anti-Israel students.
Allegation re harassment of Jewish profs is troubling. Image
Complaint unsurprisingly cites troubling incident where MIT acknowledged that anti-Israel protesters violated MIT rules, but then declined to move forward on discipline due to "visa" issues. Image
Read 6 tweets
KC Johnson Profile picture
Feb 22
A short thread, with audio, on 1964, the anomaly in @JMilesColeman's excellent piece on Senate/presidential ticket-splitting, which usually has benefited Dems.
In 1964, the GOP won six Senate races (CA, DE, HI, NE, PA, VT) in states carried by LBJ.
For LBJ the most consequential was Delaware: “I want to beat this son-of-a-bitch [John] Williams.”
LBJ was even willing to do a deal with RFK (clip below) where LBJ agreed to extra time campaigning for RFK in NYC if RFK mobilized civil rights leaders against Wiliams.
In three other states—CA, HI, PA—party divisions undid the Dems. PA was especially notable—legal fights over an exceptionally close primary weakened nominee Genevieve Blatt, who would have become the first woman elected to the Senate who hadn’t succeeded her husband in Congress. Image
Read 4 tweets
KC Johnson Profile picture
Jan 19
Just in: IL district court grants preliminary injunction in @UofIllinois basketball player TJ Shannon case. Orders suspension lifted. Image
Very broad ruling on due process--in a tough circuit.
"Plaintiff has alleged that the University’s arbitrary decision to suspend him for sexual misconduct has deprived him of a protected liberty interest: his freedom to pursue a career of his choice in basketball."
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Court cites favorably the key due process reasoning of now-Justice Barrett's decision in Purdue: "The Seventh Circuit emphasized that the hearing must be “a real one, not a sham or pretense.” Image
Read 6 tweets

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