The Faculty Lounge

Northwestern Law Names Dean Search Committee

Northwestern University has announced the members of the law school dean search committee.  It will be chaired by Professor Erin Delaney.

The Truth About Family Separation....

During the final 2020 presidential debate this past Thursday, President Trump and former Vice President Biden squared off on a host of issues, but one issue neither side neither side seemed to enjoy discussing; the immigration policy that ripped asylum-seeking and migrant children from the arms of their parents. Despite the finger-pointing during the debate, it was in fact the Trump administration’s Family Separation Policy that separated children from their parents and eventually caged them. This cruel and indefensible policy was specifically implemented to deter immigration into this country. 

During the debate, Trump tried mightily to recharacterize his program by alleging, “These children are brought here by coyotes and lots of bad people, cartels, and they used to use them to get into our country.” Trump’s quote was neither honest nor accurate. The Family Separation policy did not aim to protect children from coyotes or cartels, as his quote suggests. It targeted children with such a cruelty the government believed it would stop migration.

On April 6, 2018, then Attorney General Jeff Sessions announced the administration had a “zero-tolerance policy” regarding the unauthorized entry of immigrants at the southern border. Shortly thereafter, in May 2018, Sessions announced the administration's new “Family Separation” policy on family border crossings. Under this practice, when undocumented migrants were stopped and detained at the border, children were separated from their parents. Sessions Warned : “If you are smuggling a child then we will prosecute you, and that child will be separated from you as required by law.” He added, “If you don’t like that, then don’t smuggle children over our border.” Unlike what Trump would like us to believe, Family Separation was far from an effort to save children from traffickers. It was his policy that led to the caging of thousands of children.

While the specifics above were not highlighted during the debate, the debate moderator, Kristen Welker, pressed the President on the issue, to which Trump once again distorted the truth, this time about the detention facilities: “They are so well taken care of. They’re in facilities that were so clean.” This Trump claim was nothing short of obscene.

In June 2018, after more than a half a dozen of these children died in the so-called “so clean” facilities, U.S. District Court Judge Dana M. Sabraw  ordered an end to the Family Separation policy. The judge demanded the federal government to reunite parents with their children within 30 days, and children age 5 were to be reunited within 14 days. Around the same time, Trump announced the end to the policy. Yet two years later, another federal Judge had to once again order the release of migrant children (that were still in detention centers) because of the deplorable and dangerous conditions of their detention. Over half a dozen of these innocent children were infected with the COVID 19 while in U.S. custody.

Despite Trump’s efforts to deflect blame and obscure the truth, he had to contend with reports this week that the government still cannot find 545 parents of the separated children. In a classic Trump pivot, the President seemed to catch Vice-president off-guard by asserting: “But let me just tell you, they [the Obama Administration] built cages….It was hm. They built the cages. They did it, we changed the policy.”

Once again, Trump failed to tell the truth, either through ignorance or more likely an intentional effort to mislead the public. This assertion seemed to catch Biden slightly off guard, as he did not initially answer the attack. In truth, Trump’s assertion was so outlandish it even initially perplexed this writer, who has spent years examining Family Separation. But once again, Trump’s false statement appears to have been nothing but a ploy to confuse, and perhaps even deceive the public. While it is true, the Obama administration used facilities in 2014. But this effort was not to separate children from their parents. On the contrary, it was during an influx of unaccompanied minors entering the U.S., and the facilities, which were used to detain minors and young adults for 72 hours, and were erected to protect girls and young women from young males also being detained.

Ultimately, on a broader scale, neither democrats and republicans have been able to resolve the never-ending immigration debate for one primary reason: the reality that the demand for migration into the U.S. comes from both outside and within the U.S., especially from business sectors such as agriculture, and the service and construction industries (which I have previously called the free riders of this debate). If the larger immigration issue is going to be confronted in an honest and realistic fashion, each side needs to confront both legitimate security issues as well as profound human rights, and equally important economic realities.

But in terms of more immediate debates relating to caging of children and the upcoming presidential election, President Trump distorted the truth, deflected blame, falsely accused others for a policy his administration created, which ultimately led to caging of thousands of innocent children.  In the end, try as he might, Trump once again cannot run away from his most abominable act.

Spencer Davis (1939 - 2020)

Davis, who died on October 19,  founded the Spencer Davis Group in 1963, with Peter York and Muff and Steve Winwood. The story goes that Davis became the front man of the eponymous band, even though Steve Winwood did most of the lead vocals, because he was the only one who enjoyed promoting the group in the press. He certainly did seem to enjoy being interviewed, both in English and German (he had a university degree in languages). Like most of the British Invasion groups in the early 1960s, the Spencer Davis Group got started by playing American R&B and blues music, which could still be heard after they developed their own sound. Steve Winwood, of course, went on to perform with Traffic, and then to a solo career. Davis, too, had a solo career that lasted well into the 2010s.

Very Few Takers for Leila Khaled Event

Today is the "National Day of Action" in support of airplane hijacker and PFLP operative Leila Khaled, called for by the U.S. Campaign for the Academic and Cultural Boycott of Israel. As readers know, Khaled's scheduled webinar at San Francisco State University was aborted when Zoom, Facebook, and YouTube refused to allow their platforms to be used for the event, out of concern that they might run afoul of the law against providing "material support" for the PFLP, which is on the U.S. and EU lists of designated terrorist organizations. The tech giants' censorship has been criticized as violating academic freedom by the president of San Francisco State University, the National Coalition against Censorship, the Council of University of California Faculty Associations, and many individuals -- including me.

To protest the censorship, the USCACBI called on "anyone with access to a university Zoom account to hold a webinar of your own including a message from Leila Khaled -- which we will provide -- on October 23, 2020."

The response has been underwhelming, as their is evidently not much interest in hearing the message from Leila Khaled. As of this writing, on the morning of the "Day of Action," there are only eleven scheduled webinars: eight in the United States, one in the United Kingdom, and two in Canada. On the USCACBI website, none of the webinars mention hijacking or  identify Khaled as a member of the PFLP "Political Bureau" and only a few list the other speakers, although more information may be available for those who register.

The "Day of Action" is a thoughtful, creative, and very appropriate response to censorship. It will be interesting to see how Khaled is introduced at the various programs. While Khaled is entitled to free expression, and her supporters are entitled to academic freedom, it is encouraging to see how little participation they have been able to generate for their "National Day of Action."

 

Eduardo Peñalver Named President of Seattle University

Seattle University announced today that its new president will be Cornell University law dean Eduardo M. Peñalver. Peñalver has served  as Cornell's dean since 2014.  He will be Seattle University's first Latino president and the first layperson to lead the Jesuit school. Peñalver will take over on July 1, 2021.

Censorship of Leila Khaled's SFSU Webinar Was Wrong, but the Sponsors Still Need to Tell the Truth about Her [UPDATED]

[UPDATE: In response to a call from the US Campaign for the Academic and Cultural Boycott of Israel, webinars featuring Leila Khaled have been scheduled at five universities on Friday, October 23, under the heading "We Will Not Be Silenced -- National Day of Action."  The USCACBI call to action does not mention Khaled's membership in the PFLP Political Bureau, nor do any of the five six scheduled programs (as far as I can tell without registering for them). As with the previous event at San Francisco State University, described below, Zoom has evidently refused to allow its platform to be used for the Khaled event at the University of Hawaii. I have not been able to determine whether the other four five webinars -- at San Francisco State, UMass Boston, NYU, Loyola New Orleans School of Law, and the Claremont Colleges -- will be able to proceed.

As I explain below, I believe that these events should be allowed to be held without censorship, either by their universities (which have thus far upheld academic freedom), or by Zoom and other social networking platforms. On the other hand, the academic sponsors need to stop obscuring Khaled's background as a two-time airplane hijacker and member of the PFLP. The announcement for the University of Hawaii program, for example, says "This webinar explores -- and refuses! -- the use of the label 'terrorism' to censor political speech and criminalize resistance."

Finally, it is significant that the USCACBI's call for nationwide webinars has been answered by only five six campuses, which must surely be disappointing to them.]

BEGIN ORIGINAL POST:

No living person has done more to romanticize terrorism than Leila Khaled. As an operative of the Popular Front for the Liberation of Palestine, she participated in two airplane hijackings in 1969 and 1970, threatening the lives of hundreds of people, including children. Her photograph taken after the first hijacking – a young woman in a keffiyeh, smiling broadly while holding a Kalashnikov automatic rifle – became a symbol of Palestinian resistance. That image has since been displayed all over the world, on posters, murals, and tee shirts, for over fifty years, leading The Guardian, in a 2001 profile, to call her the “international pin-up of armed struggle.” Fascinated by her daring, many of Khaled’s enthusiasts no doubt have had little understanding of the role she played in inspiring later acts of PFLP terrorism, such as the Entebbe hijacking and the massacre at the Munich Olympics. Others, however, have celebrated her for it.

It was therefore bound to be controversial when San Francisco State University’s Arab and Muslim Ethnicities and Diasporas Studies program (AMED) scheduled a presentation, to be held on Zoom, titled “Whose Narratives? Gender, Justice, and Resistance: A Conversation with Leila Khaled.” With two SFSU professors as co-moderators, the roundtable discussion promoted Khaled only as a “Palestinian feminist, militant, and leader.” In an Arabic language tweet, however, the director of AMED  called Khaled a “great fighter.”

Numerous Jewish and other organizations objected to the presentation, although stopping short of calling for its cancelation. The Anti-Defamation League, for example, noted that “it is bitterly ironic that a notorious hijacker and admitted terrorist will be welcomed at an institution of higher learning,” while stating nonetheless that the “ADL respects and defends academic freedom.” A coalition of 86 pro-Israel groups went further, condemning the event as an abuse of academic freedom that “foments a divisive and toxic atmosphere,” and calling on SFSU president Lynn Mahoney to “clarify” her position on the Khaled invitation.

Mahoney never budged. In a campus-wide statement, she “emphatically” affirmed “the right of our faculty to academic freedom and to conduct[] their teaching and scholarship without censorship,” adding, without naming Khaled or the PFLP, “and I say this while also condemning the glorification and use of terrorism and violence, particularly against unarmed civilians.”

A group called the Lawfare Project took a different approach, bypassing the SFSU administration and appealing directly to Zoom itself. In a letter to Zoom founder and CEO Eric Yuan, the Lawfare Project pointed out that hosting the Khaled event would potentially violate section 2339A of the U.S. Criminal Code, which prohibits providing “material support or resources to a foreign terrorist organization.” Khaled is an acknowledged member of the “Political Bureau” of the PFLP, which has been on the state department’s list of designated terrorist organizations since 1997. (The PFLP is also on the European Union’s list of terrorist organizations, which led to Khaled’s exclusion from Italy in 2017.)

Zoom flinched.

Hamilton & The Law: The Book is Out

For those of you who adore Hamilton and adore the law - or perhaps just enjoyed Hamilton and have enough interest in law to read this blog - there's a new book out. Hamilton and the Law: Reading Today's Most Contentious Legal Issues through the Hit Musical is a collection of essays edited by my colleague and Hamilton lover Lisa Tucker.  It's an impressive collection including essays by an exceptionally distinguished gang of Hamophiles, including Mehrsa Baradaran, Erwin Chemerinsky, Todd Henderson, Rebecca Tushnet, Danielle Holley-Walker, and many, many others.  More details are here.

ALI Elects 36 New Members

The American Law Institute has announced (here) the election of 36 new members, including these professors:

• Raquel E. Aldana, University of California, Davis School of Law
• Evelyn Mary Aswad, University of Oklahoma College of Law
• Lonnie T. Brown, Jr., University of Georgia School of Law
• Zachary D. Clopton, Northwestern University Pritzker School of Law
• Lisa A. Fairfax, George Washington University Law School
• Richard W. Garnett, Notre Dame Law School
• Justin F. Marceau, University of Denver, Sturm College of Law
• Lauren K. Robel, Indiana University, Maurer School of Law
• Kimberly J. Robinson, University of Virginia School of Law
• Jacob H. Rooksby, Gonzaga University School of Law
• Nancy A. Welsh, Texas A&M University School of Law

Congratulations to all!

No Love, No Tacos

There is a great article on CNN.com about a Mexican Restaurant in Marshalltown, Iowa, where a customer took offense at this sign.

In an anonymous message, the customer complained that La Carreta had gone "leftist/marxist" (sic) and vowed never to return.

The owner responded by putting up an even larger sign:

As the article explains:

 

"I am someone who takes something negative and tries to turn it into something 10 times more positive," Medina[the owner] said. "If they don't want us, they should align their ideals and their comments with the food they eat."

 

Piggybacking on the popularity of the slogan, Medina created a new website where he is advocating to make Election Day a national holiday. He is practicing what he is preaching.

 

"My goal is to make the elections as just as possible," Medina says. "I a going to close on election Day, and not only pay my employees, but I am going to go and volunteer at the polls."

 

The whole article is tremendously uplifting. You can read it here.

The Beach Boys