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Articles by KC Johnson
In Cornell Sexual Assault Case, Democrats Forget the Lessons of the Duke Lacrosse Scandal Original
Two decades ago, a spectacular allegation of gang rape at a prestigious university seized the public’s attention. We all know how the Duke lacrosse case ended: with the prosecutor disgraced and disbarred; the accused students declared innocent; and (albeit much later) the accuser admitting that she lied. Less well-remembered is the process by which justice prevailed.
Cornell Rape Case: Due Process Takes Backseat to Inflammatory Accusations
The point of due process is to sort the sheep from the goats, so that guilty people can be held responsible and the lives of innocent people will not be ruined. Allegations are not evidence.
Josh Giddey Ramping Up Towards Return; Zach Collins Out Through All Star Break
Chicago Bulls guard Josh Giddey has begun the ramp-up process towards a return to play. Giddey has been out since suffering a left hamstring strain on December 29. On the season, Giddey has averaged career-highs nearly across the board. The 6-foot-7 guard is averaging 19.2 points, 8.9 rebounds and 9.0 assists, which are all career-bests. Giddey is also hitting for 47/39/76 shooting splits. The news wasn't as good for Bulls big man Zach Collins. He's been down since December 27 due to a big toe sprain.
Noa Essengue To Miss Remainder Of Season With Shoulder Injury
Chicago Bulls rookie forward Noa Essengue will miss the remainder of the regular season due to a left shoulder injury. Essengue was injured in a recent G League game and was initially diagnoses with a shoulder contusion. Now, it turns out that Essengue needs shoulder surgery and will be out for six to seven months. The injury brings a disappointing early end to Essengue's rookie season. The 6-foot-8 forward was the 12th overall pick in the 2025 NBA Draft.
An old call between political titans foreshadowed Maine’s new election trend
Political Viewpoints The Bangor Daily News publishes first-person viewpoints from experts to provide comprehensive coverage of the ideas shaping Maine politics. Send your pitch to the politics editor here. In late September 1964, President Lyndon B. Johnson phoned U.S. Sen. Edmund Muskie to check on the Maine political climate. In a typical year, the news would have been gloomy for the party. Democratic presidential nominees had carried the state only once in more than 100 years.
Revolution Number IX
On April 4, 2011, Joe Biden traveled to the University of New Hampshire to unveil the Obama administration’s new policy toward campus sexual assault. He portrayed campuses as awash in sexual violence, with educators indifferent to the plight of victims in their midst.
Zach LaVine Ahead Of Schedule With Foot Rehab
Last season was a nightmare for Zach LaVine. The Chicago Bulls star guard played in only 25 games. LaVine initially missed time with knee soreness, before a right foot injury knocked him out for the season in mid-January. The good news is that LaVine is ahead of schedule in rehabbing from what has been termed a non-union Jones fracture. The All-Star guard had a piece of bone removed from his right foot in order to promote recovery. The Bulls put a four- to six-month timeline on LaVine's recovery.
Biden’s Civil Rights Rollback
Last Friday, the Biden administration followed through on a promise: to roll back civil rights for college students accused of sexual misconduct. The new regulations come under Title IX, the federal law that prohibits sex discrimination in education. Set to go into effect in August, they will restore some of the worst excesses introduced when Biden was vice president under Obama. One of the most concerning is the return of the “single-investigator” model that was barred under Trump.
Moving Zach LaVine Called An "Organizational Focal Point" By KC Johnson
By Chicago Bulls Central via www.youtube.com, Haize reacts to KC Johnson reporting that moving Zach LaVine will be a focal point for the Bulls this offseason and goes over why it makes the most sense. He also talks about how the front office still seems to have both the right & wrong mindset on the changes needed this summer.
Bulls Offered DeMar DeRozan Two-Year Contract
The Chicago Bulls offered veteran forward DeMar DeRozan a two-year contract. The deal was believed to be worth up to $40 million per season. DeRozan is set to be an unrestricted free agent this summer. He's eligible to sign a three-year contract, either as an extension or in free agency. As DeRozan will be 35 years old next season, signing a deal longer than three seasons would run into the NBA's Over-38 rule.
Arturas Karnisovas Says Bulls Can't Roll With Same Team And Expect Different Results
The Chicago Bulls fell short of the playoffs for a second consecutive season, and the sixth time in the last seven years. That has Bulls VP of Basketball Operations Arturas Karnisovas admitting his team needs to make some changes. "Any season that doesn't end deep in playoffs requires total examination. We're not here for play-in. We have to make changes," Karnisovas said.
People in prison explain what music means to them - and how they access it
Joe Garcia first heard about Taylor Swift in the late 2000's, while he was in the Los Angeles County jail awaiting trial on murder charges. He initially wasn't impressed with her music. Now, multiple albums and prison transfers later, he credits Swift's music with helping him get through his life sentence.
Do Title IX Proceedings Count as Legal Processes, or Donít They? | Eastern North Carolina Now
Publisher's Note: This post appears here courtesy of The James G. Martin Center. The author of this post is KC Johnson. The Obama administration's efforts to use Title IX to pressure universities to crack down on campus sexual assault transformed higher-education law.
Chapter and Verse
O n October 26, the Biden administration expressed horror about the "extremely disturbing pattern of anti-Semitic messages being conveyed on college campuses." According to a White House spokesperson, "delegitimizing the State of Israel while praising the Hamas terrorist murderers who burned innocent people alive, or targeting Jewish students, is the definition of unacceptable-and the definition of anti-Semitism." The October 7 Hamas massacre of more than 1,400 in Israel horrified most of the...
DeMar DeRozan Not Worried About Extension
DeMar DeRozan said he has no problem playing out the final year of his contract without an extension. "I honestly don’t think about it at all. I never have. It doesn’t worry me or stress me out. Again, I control what I can control. And in due time, let it speak for itself," DeRozan said. DeRozan did say he sometimes thinks about how long he wants to play. He said he misses his kids and their activities. But he's just taking things as they come and doesn't have an answer on how long he wants to play for.
Zach LaVine, DeMar DeRozan Say Bulls 'Need To Figure It Out'
The Chicago Bulls have gotten off to a disappointing start. They are 1-2 and have struggled in all three games. That's led the team's veteran stars, Zach LaVine and DeMar DeRozan, to look at both the short- and long-term future of their partnership. "It’s our third year here together. We know how this business is. We all love each other. DeMar is one of my best friends. We talk all the time. But we have to figure out how to make this thing work," LaVine said.
On the Dangers of Futile Appeals
In 2016, Gary Pavela, a longtime educational consultant and fellow for the National Association of College and University Attorneys (NACUA), referenced the wave of Title IX accused student lawsuits to observe, “In over 20 years of reviewing higher education law cases, I’ve never seen such a string of legal setbacks for universities, both public and private, in student conduct cases. Something is going seriously wrong.
We’re Making the Same Title IX Mistakes ... Again
The Biden administration intends, in October, to release new Title IX regulations to deal with campus sexual assault and harassment. In their proposed form, the regulations strip from accused students virtually all of the procedural protections they currently have under Title IX, unless a local court ruling requires their college or university to employ a fairer process.
Do Title IX Proceedings Count as Legal Processes, or Don’t They? — The James G. Martin Center for Academic Renewal
The Obama administration’s efforts to use Title IX to pressure universities to crack down on campus sexual assault transformed higher-education law. To date, 512 accused students have filed federal lawsuits (more than 200 have filed suit in state courts), and they’ve enjoyed surprising success—securing favorable rulings from the First, Second, Third, Fifth, Sixth, Seventh, Eighth, Ninth, and Tenth Circuit Courts of Appeal. The specific facts and legal theories vary from case to case.
Bulls Had Zach LaVine Trade Talks With Blazers, Sixers
Zach LaVine emerged in preliminary trade conversations between the Chicago Bulls and both the Philadelphia 76ers and Portland Trail Blazers, sources tell KC Johnson of NBC Sports. LaVine re-signed with the Bulls last offseason on a five-year, $215 million maximum contract. LaVine represents Chicago's best trade asset and a way of shaking up their roster.
The Church Committee was nothing like Republicans' new investigation
In 1947, at the dawn of the Cold War, Congress passed the National Security Act, which among other things established the Central Intelligence Agency. But in a crucial oversight, neither the House nor the Senate formed a committee to oversee the new intelligence community. Instead, intelligence officials informally and infrequently met with a handful of sympathetic Senate Armed Services Committee members.
DeMar DeRozan Plans To Return For Paris Game On Thursday
Chicago Bulls forward DeMar DeRozan plans to return to the lineup for Thursday's game in Paris, France against the Detroit Pistons. DeRozan had missed the last three games due to a strained right quad. The Bulls went 1-2 with DeRozan missing his first games of the season. The 33-year-old is turning in another All-Star season for Chicago. DeRozan has averaged 26.1 points 5.0 rebounds and 4.9 assists per game this season.
Uncertainty after Third Circuit Oral Argument
Wednesday featured oral argument before the Third Circuit in an appeal brought by an accused student at Princeton. A week before the proceedings, and after the panel (Hardiman, Porter, Matey) was named, Princeton filed a motion (not opposed by the accused student’s lawyer) to seal the oral argument audio. The court took no action—but the audio’s posting to the Third Circuit’s website essentially mooted the motion.
Possible Accused Student Victory in Ninth Circuit Appeal
Wednesday afternoon, a three-judge panel consistent of Judges Consuelo Callahan (W. Bush nominee), Danielle Forrest (Trump nominee after the original nominee for the seat failed to clear the Senate), and Carol Amon (an H.W. Bush-nominated district court judge sitting by designation) heard an oral argument involving a Title IX lawsuit filed by a former student at UCLA. Judge Callahan seemed a likely vote for Doe, and Judge Amon seemed sympathetic to UCLA.
The Return of Catherine Lhamon Is Another Biden Betrayal | National Review
Left: Catherine Lhamon on MSNBC in 2018 Right: President Joe Biden delivers remarks in Howell, Mich., October 5, 2021. (Screenshot via YouTube, Jonathan Ernst/Reuters ) This Obama-administration retread will again threaten campus due process. NRPLUS MEMBER ARTICLE O n Wednesday afternoon, with Vice President Kamala Harris casting the tie-breaking vote, the Senate confirmed Catherine Lhamon to return as head of the Department of Education’s Office for Civil Rights (OCR).
Much Ado About Diaspora: Ep. 285 — Unorthodox Podcast — Tablet Magazine
What is Rosh Hashanah? It’s the holiday that marks the Jewish new year. To celebrate, we eat apples and honey. When is Rosh Hashanah? Rosh Hashanah 2021 begins at sundown Monday, September 6, and ends at sundown on Wednesday, September 8. What’s it all about? Since the holiday is commonly called the “Jewish New Year,” one would think Rosh Hashanah would mark the first day of the first month of the Hebrew calendar.
Catherine Lhamon Returns to Form
Discussing the independent counsel’s office in Morrison v. Olson, perhaps his most famous dissent, Justice Antonin Scalia cautioned that “this wolf comes as a wolf.” On Tuesday, Catherine Lhamon’s confirmation hearing to return as head of the Office for Civil Rights brought Scalia’s memorable line to mind. During Lhamon’s first stint running OCR from 2013 through 2016, the office used guidance documents to quietly interpret Title IX to require one-sided sexual misconduct adjudication procedures.
An Opening for Dissenters
Three years ago this month, the Supreme Court protected the First Amendment rights of public employees. In Janus v.
Will Biden Bring Back the Campus Star Chambers?
In April, the University of Arkansas became the first school in the country to admit the obvious: Procedures promulgated in 2020 by former Education Secretary Betsy DeVos might have prevented an unjust finding of guilt in a campus sexual-assault case.
The Biggest Enemy of Campus Due Process from the Obama Years Is Back | National Review
Catherine Lhamon in MSNBC in 2018. (MSNBC/via YouTube) Senators should reject President Biden’s nomination of Catherine Lhamon to her old job in the Education Department. ‘One of the most sweeping bipartisan judicial rejections of an administration’s policy in decades,” commentator David French recently noted, involved the Obama administration using Title IX to undermine due process on American college campuses.
Will Biden Bring Back the Campus Star Chambers?
In April, the University of Arkansas became the first school in the country to admit the obvious: Procedures promulgated in 2020 by former Education Secretary Betsy DeVos might have prevented an unjust finding of guilt in a campus sexual-assault case.
On Title IX, Dems Move to Restore Obama-Era Unfairness
KC Johnson, RealClearPolitics April 14, 2021 (AP Photo/Patrick Semansky) The Biden administration announced its intent to modify or replace the Title IX regulations adopted last year by former Education Secretary Betsy DeVos.
On Title IX, Dems Move to Restore Obama-Era Unfairness
On Tuesday, the Biden administration announced its intent to modify or replace the Title IX regulations adopted last year by former Education Secretary Betsy DeVos. Those regulations gave accused students a chance for fairer treatment in Title IX tribunals by ensuring the presumption of innocence, access to evidence the university gathered in the investigation, and adjudication through a hearing with cross-examination conducted by a lawyer or advocate for each of the parties.
Opinion | Sex, Due Process and Amy Coney Barrett
Amy Coney Barrett’s Supreme Court nomination likely will bring renewed attention to the issue of Title IX litigation filed by students accused of sexual misconduct on campus. As a judge on the Seventh U.S. Circuit Court of Appeals, Ms. Barrett wrote a 2019 decision that revolutionized how courts consider Title IX claims from accused students.
Perspective | Lessons from the Fortas confirmation battle for today’s Senate
With Justice Ruth Bader Ginsburg’s death, the Senate might vote on a Supreme Court confirmation during October of a presidential election year. That has happened only one other time in U.S. history — in 1968, when the Senate declined to impose cloture, thereby terminating the nomination of Associate Justice Abe Fortas to replace Earl Warren as chief justice.
Biden v. the Courts on Title IX
“Any number of federal constitutional and statutory provisions reflect the proposition that, in this country, we determine guilt or innocence individually—rather than collectively, based on one’s identification with some demographic group,” wrote U.S. Appeals Court Judge Raymond Kethledge in a late June opinion.
Just in: Judge denies blue-state AG's motion to block new TIX regs. Rule goes into effect on Friday. Judge Nichols' summary: Court notes tha…
Just in: Judge denies blue-state AG's motion to block new TIX regs. Rule goes into effect on Friday. Judge Nichols' summary: Court notes that ED's use of Davis standard for sexual harassment hardly arbitrary; and in any case ED separated out sexual violence/quid pro quo cases anyway. Court acknowledges ED's concerns w/balancing free speech and sexual harassment, & cites persuasive nature of Judge Koeltl's opinion on the question.
The New Title IX and Its Challengers
KC Johnson, Minding the Campus June 26, 2020 The last four years have witnessed a series of desperate attempts to frustrate Education Secretary Betsy DeVos' goal of creating a fair Title IX adjudication framework to replace the one-sided guidance she inherited from the Obama administration. In 2017, when DeVos rescinded what one federal judge deemed the infamous Dear Colleague letter, accusers' rights organizations unsuccessfully sued. Read Full Article » Show comments Hide Comments
The New Title IX and its Challengers
The last four years have witnessed a series of desperate attempts to frustrate Education Secretary Betsy DeVos’ goal of creating a fair Title IX adjudication framework to replace the one-sided guidance she inherited from the Obama administration. In 2017, when DeVos rescinded what one federal judge deemed the “infamous Dear Colleague letter,” accusers’ rights organizations unsuccessfully sued.
The ACLU's 'Death Star' Client in Its Title IX Lawsuit
The American Civil Liberties Union has been deservedly criticized for its May 14 lawsuit indirectly attacking the civil liberties of students accused of sexual assault, who have since 2011 been subjected to grotesquely unfair campus proceedings that effectively presume their guilt.
New Title IX Regulations in Sexual-Assault Cases Are Upheld in Court | National Review
(Wavebreakmedia/Getty Images) A panel of judges consisting of both Obama and Trump nominees rules in favor of due process. NRPLUS MEMBER ARTICLE O n late Friday afternoon, the U.S. Court of Appeals for the Third Circuit issued a pathbreaking opinion affirming the critical importance of due process in campus sexual-misconduct proceedings, even for students at private universities.
The Title IX Training Travesty
In November 2014, a female member of Brown University’s debate team had oral sex with a male colleague while they watched a movie. Eleven months later, she filed a complaint with Brown, accusing him of sexual assault. Both parties in the case had credibility issues; he had violated a no-contact order, she had withheld from the university the bulk of their text messages. But the accused student possessed strong exculpatory evidence.
An End to Campus Star Chambers
Fulfilling a promise made more than two years ago, Secretary of Education Betsy DeVos announced sweeping new regulations in early May designed to ensure there would be a fairer system henceforth when colleges and universities find it necessary to adjudicate sexual-assault allegations.
An End to Campus Star Chambers
Fulfilling a promise made more than two years ago, Secretary of Education Betsy DeVos announced sweeping new regulations in early May designed to ensure there would be a fairer system henceforth when colleges and universities find it necessary to adjudicate sexual-assault allegations.
The ACLU vs. due process: The nonprofit takes a surprising stand against more rights for those accused on campus
By KC Johnson and Justin Dillon New York Daily News | May 21, 2020 | 11:26 AM In this Feb. 27, 2020, file photo, Education Secretary Betsy DeVos pauses as she testifies during a hearing of a House Appropriations Sub-Committee on the fiscal year 2021 budget on Capitol Hill in Washington.
By Joe Biden’s rules for college students, Joe Biden is sex offender
By KC Johnson May 11, 2020 | 8:12pm Enlarge Image Democratic presidential candidate, former Vice President Joe Biden speaks at a campaign rally held in Modern Woodmen Park in Davenport, Iowa last January. AP Joe Biden’s public repudiation of Secretary of Education Betsy DeVos’ new Title IX regulations wasn’t the normal criticism by a challenger against an incumbent administration.
Joe Biden’s Hypocritic Denial of DeVos’s New Title IX Regulations
Normally, it would be unremarkable to hear the opposition party’s presumptive presidential nominee criticize a major policy initiative of the incumbent administration. But Joe Biden’s public repudiation of Secretary of Education Betsy DeVos’s new Title IX regulations was not a normal circumstance.
Biden's Reade Denial Should Boost Title IX Rule Changes
KC Johnson & Stuart Taylor Jr., RealClearPolitics May 6, 2020 (AP Photo/Donald Thompson) Joe Biden and the Democratic Party have suddenly come to realize that their previously professed, reflexive belief in sexual misconduct accusations was the wrong standard.
Biden's Reade Denial Should Boost Title IX Rule Changes
COMMENTARY Joe Biden and the Democratic Party have suddenly come to realize that their previously professed, reflexive belief in sexual misconduct accusations was the wrong standard.
Title IX, Tara Reade and Joe Biden's Double Standard
Confronting a sexual-harassment allegation, will the former vice president demand the due-process protections that he previously denied to others?
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