Wednesday, July 06, 2011
A Few Items
Duke has just announced a new batch of trustees, including a judge on the 4th circuit--Allyson Duncan (Duke Law '75). The appointment presumably will require a double recusal--not only will Duncan need to recuse herself from any and all lacrosse case appeals, but I would assume she'd have to recuse herself, within the BOT itself, from any and all discussions of the lacrosse case. She was a Bush nominee.
Commenting on the DSK case in the Washington Post, Paul Farhi notes how the mainstream media has refused to name his accuser--even as she files a lawsuit against the New York Post. Alan Dershowitz (correctly) comments on the unfairness of this approach, and the article also (correctly) observes how, in an internet era, accusers' names can generally be easily found, making the anonymity policy even less defensible.
And then there's this absurd analysis from June Cross, in The Root: "Even in 2011, it seems, black women who accuse powerful men of rape have to lead lives above reproach. The Duke University lacrosse-team rape case from 2006, and the St. John's College case before that, bear witness to what happens when a young black woman of questionable repute charges rape against privileged men. But the life circumstances of marginalized women force them to make different life choices.
Crystal Mangum's problem wasn't her "marginalized" status--it was the fact that the physical evidence, in myriad ways, contradicted each and every one of her various tall tales.
Finally, the incomparable Dorothy Rabinowitz in the Wall Street Journal praises Manhattan DA Cyrus Vance for his willingness to reconsider the DSK case in light of the accuser's credibility falling apart. She correctly notes that Vance's open-mindedness came as "no small shock in a society accustomed to prosecutors whose instant response to the discovery of facts that undermine their case is to dig in all the more aggressively—recall the Duke University lacrosse case, or the notorious child abuse cases of the 1980s—with assurances that the case against the accused is stronger than ever."