1/ THREAD. @AaronSibarium of the @FreeBeacon, who last week broke the story of the Yale Law School email controversy, has this must-read follow-up about how the YLS community is responding.

bit.ly/3C6T5M8
2/ Two Yale Law School professors expressed displeasure with the initial statement released by YLS.

One of them is renowned corporate law scholar Roberta Romano (who Yale Law students and alums know is a badass—and I mean that as high praise):
3/ I tweeted some positive things yesterday about Marina Edwards's message, which seemed to sound some conciliatory notes.

Please see the new additions to the thread below. I've retracted those earlier comments of mine.

4/ The two student-group messages that followed Edwards's message, included in @aaronsibarium's latest article, suggest that the offended students, rather than entering into a new, more constructive phase, are doubling down and digging in.
5/ Over the years, many admitted students have asked me for advice about where to matriculate for law school.

When Yale Law was on the table, I almost always said "go to Yale"—as a loyal YLS alum, but also because I genuinely believed it.
6/ I still believe Yale Law is a great institution.

Those of us who have expressed concerns in recent days about recent events at YLS want it to be the best version of itself.

We believe things can get better. We wouldn't bother speaking out otherwise.
7/ But if a conservative or libertarian law student asked me if they should go to Yale Law today—over some other top law school, especially one giving them scholarship money—I would have to think long and hard about my answer.
8/ I fear that the intellectual environment at Yale Law School right now is extremely hostile to conservatives.

Again, just read the student-group messages in @aaronsibarium's article.
9/ And, at least if recent events are any indication, administrators at Yale Law School—or at least the two involved in the attempted reeducation of Trent Colbert—are not being honest brokers. Instead, they take sides.
10/ Dean Heather Gerken is far better than the two administrators who dealt with Trent Colbert. I've had only positive interactions with her. She has always been willing to listen and have a dialogue.

But I have a quibble with her message from today:
11/ The message Dean Gerken should have sent at this fraught time should have been scrupulously neutral—above suspicion, like Caesar's wife (can I still say that these days?).

But paragraph 3 reads like a passive-aggressive dig at critics:
12/ Go back to the third paragraph. Imagine how much better it would have read WITHOUT that second sentence (beginning "I will not").

Read it again, without that sentence. That would have been the neutral message we needed from Dean Gerken at this time.
13/ One thing I should mention again about myself.

As I said in the post below, "My own views have drifted leftward over the years, so I'm not sure I would still consider myself a conservative or a libertarian."

bit.ly/3DKcWl4
14/ So my concern for free speech doesn't flow from a desire to help my own political team, since I'm no longer a conservative or a libertarian, and I'm certainly not a Republican.

But I don't think such folks are evil or should be shouted down.
15/ I should add that I also don't think the offended students are evil either.

I might disagree with them vehemently, but I don't think they're evil. Nor would I deny them the right to state their views.
16/ I don't know where this will all lead. I hope it will lead to a better place.

But I now fear, contrary to my more optimistic assessment from yesterday, that student tension & the climate for free speech at Yale Law will get worse before they get better.

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More from @DavidLat

20 Oct
1/ Jeremy Rosen, a prominent (conservative) appellate lawyer, has this excellent piece in @TheAtlantic about John Eastman, the closest thing to a "brain trust" for Trump's attempt to overturn the 2020 presidential election.

bit.ly/3pjKq5w
2/ Jeremy Rosen acknowledges—and criticizes—the attempts of some groups to "to silence anyone who thinks differently from them."

As he notes, these threats to free speech come from both the left AND the right—and deserve condemnation in both cases.
3/ Here is Jeremy Rosen's bottom line on John Eastman (with which I agree):
Read 6 tweets
19 Oct
1/ THREAD. ICYMI—it came out a while ago, I read it only recently—here's a fun article about "academic feeder judges" by Howard Wasserman for @DukeJudicature.

Which judges have the most former clerks who are now law professors?

bit.ly/3jgxF7U
2/ Howard Wasserman has a few different rankings.

Here are the top 20 academic feeder judges in the first ranking he does (Table 1 in his appendix), the judges who have sent the highest number of clerks into legal academia. Image
3/ As Howard Wasserman notes, "The political imbalance among feeder judges is striking."

You can see it in the top 20 judges, 15 of whom were appointed by Democratic presidents. And several of them are some of the leading liberals of the federal bench.
Read 4 tweets
18 Oct
1/ THREAD. I just left the Vaccine Center at @nyulangone, where I gave blood for a research study looking at #COVID19 immune responses.
2/ This blood draw is to establish a baseline reading before I get a #covid booster shot on 11/2.
3/ On 11/9, a week after the booster, they’ll take my blood again & see what’s changed.

The research could help figure out whether folks like me, who had #COVID19 and then got fully vaccinated (@pfizer for me), need boosters.
Read 5 tweets
17 Oct
1/ Here’s the statement about the Yale Law School email controversy that Marina Edwards, president of the Yale Black Law Students Association, posted to The Wall (the YLS listserv) earlier today.

I’m posting in two parts. This is Part I (four images).
2/ And here is Part II of the statement of Yale BLSA president Marina Edwards about the Yale Law email controversy (three images).
3/ I don’t agree with everything in Marina Edwards’s message, but I think it is a measured, thoughtful, and generally positive statement about this controversy.
Read 14 tweets
17 Oct
1/ Here's my interview with Trent Colbert, the Yale Law School student who sent the controversial "trap house" email, and a friend of his who's a fellow @YaleLawSch student.

bit.ly/3B1BkNj
2/ Colbert (the "t" at the end is silent):

"I was never aware of the word 'trap house' having any racial connotations. I thought of a 'trap house' as like a frat house, just without the frat. I had been calling our house the 'NALSA trap house' for months."
3/ Trent: "I’ve received many private messages of support. But nobody wants to be the next person targeted on GroupMe."

Trent's Friend: "There’s a very 'emperor’s new clothes' vibe—when someone says something is offensive, everyone else has to play along."
Read 5 tweets
16 Oct
1/ "It is what it is." Do you like this expression?
2/ I like the expression "it is what it is."

But I know that many people do not. And I probably use it too much.

Does anyone have a good alternative to "it is what it is" that truly carries the same meaning?
3/ In Filipino, we have “bahala na”—but that’s really more like “que sera, sera,” or “what will be, will be.”

I want something in the present tense, just like “it is what it is.”
Read 5 tweets

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