People regularly overestimate the extent of legal accountability for Germans after the war, in Nuremberg or just in general. The vast majority at all ranks went unpunished. They got away with it.
Justice was the exception.
In rare circumstances, but the real reason is much worse. Most prosecutable under GDR or FRG law lived out there days in Germany, unmolested and unconcerned. Cases from victims usually faced massive official resistance.
Gun down 36 Soviet prisoners in some Latvian barn, go home to Bad Homburg when the war ends, live out your days a quiet shopkeeper, bristle at the effrontery of anyone who suggests you ever behaved with anything less than grand Teutonic honor. A typical case.
Everyone should read Chris Browning’s Ordinary Men. The crimes are described in extraordinary detail, but that we know those details at all is because they were recorded by one of the few postwar investigatory committees that actually cared to do its job.

amazon.ca/Ordinary-Men-R…
Worst case scenario: a thirty year sentence in Spandau, out in six due to bad health, live off your military pension and the royalties from that documentary you made with the BBC.

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More from @JeffreyASachs

10 Dec
Great piece from @WillatFIRE on the new wave of library book bans and how to fight it.

thefire.org/to-protect-sch…
@WillatFIRE He also links to this good one from @powellnyt on what's going on in Texas. There's no soft-peddling this one. What's happening there is genuinely terrifying.

nytimes.com/2021/12/10/us/…
@WillatFIRE @powellnyt This was inevitable. Image
Read 4 tweets
2 Dec
Last May, North Dakota passed a law punishing universities and faculty who promote abortion. The state AG is now trying to explain why this law is constitutional. As ⁦@adamsteinbaugh⁩ explains, he is not successful. thefire.org/north-dakota-a…
None of this happened in secret, by the way. It was all right there out in the open. Image
Are you faculty at an ND university? I suggest inviting someone to give a pro-Roe lecture. A student? Try forming a pro-choice club that meets on campus. Let’s test this out. Image
Read 6 tweets
25 Nov
Allyn Walker, the ODU prof who was criticized for their comments and scholarship on pedophilia, has resigned. They required an armed escort to safely get off campus.

pilotonline.com/news/education…
This is quite the coup for Ted Cruz, Tucker Carlson, and the rest of that crowd. For weeks now, they'd been hounding Walker and demanding their termination. But here's the reality: scholarship like Walker's is precisely the sort of thing academic freedom exists to protect.
Unfortunately, there has been a HUGE amount of misinformation about Walker's research and commentary. Also quite a bit of transphobia too. In the end, it seems to have been too much.
Read 6 tweets
24 Nov
I attended a conference last week at AEI on free speech and one of the presenters was Rodney Smolla, an impossibly funny and interesting man. Dean of Delaware Law School, SCOTUS lawyer, defamation attorney to the stars. Anyway, he described an interesting problem in 1A doctrine.
Suppose I falsely refer to you as being trans. You're a celebrity and feel that I am defaming you in a way that's hurting you financially (e.g. by costing you customers or fans). So you sue me.
Here's the question, which I'm sure every lawyer on Twitter knows about but was new to me:

When the court evaluates your suit, it has to determine whether my speech is likely to have hurt your reputation in some people's eyes. But by what standard? A bigot's?
Read 6 tweets
24 Nov
Here's a nice one for you. @UTAustin has suspended a research study on anti-racist education after rightwing criticism and a Title VI complaint. The details are extremely damning.

insidehighered.com/news/2021/11/2…
@UTAustin What was the study? The researchers had 200 white pre-K children watch professional videos related to anti-black racism. The goal was to study whether/how they affected the kids' attitudes toward racism.
@UTAustin It's an important question, regardless of what you think of anti-racism efforts. For instance, @mattyglesias wrote just this week about a study showing that this sort of thing can have a major downside. This is research we should all support!

slowboring.com/p/how-to-be-an…
Read 8 tweets
23 Nov
Two South Carolina reps have just pre-filed what is the most extreme, absurd, and flat out destructive anti-CRT bill I have come across in any jurisdiction in the country to date. Bar none.

scstatehouse.gov/sess124_2021-2…
The bill would prohibit any school (public or private), university, non-profit, state agency, contractor or sub-contractor, or private business that receives state funds from "promoting, engaging, or treating" individuals in relation to the following concepts:
Note well the inclusion of terms like "political belief" and "culture". Under this bill, it would illegal to make, say, a Nazi feel guilt or discomfort because of their beliefs.
Read 9 tweets

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