Re: Colorado Regents Vote To Fire Ward Churchill

Glenn Dowdy wrote:
"Vince" <firelaw@xxxxxxxxxx> wrote in message news:NNadnYDH_pKuYDXbnZ2dnUVZ_rLinZ2d@xxxxxxxxxxxxxx
Glenn Dowdy wrote:
"Vince" <firelaw@xxxxxxxxxx> wrote in message news:NuydnWs3W5GdIDXbnZ2dnUVZ_quhnZ2d@xxxxxxxxxxxxxx

Suppose for example a professor (at a public university) carefully screened every paper by a Jewish student for plagiarism but no others. he does this because he is a raving anti semite

Do you think a Jewish student disciplined by the university after such an investigation should have a complaint on equal protection grounds?

Did the student in fact plagiarize?
yes we accept that

Is raving anti-semtism that is manifested only in persecuting cheating Jewist students protected by free speech?

"persecuting"?

forget the issue of the faculty member for a moment

That's what you'd like, sure.

happy to discuss it but its a separate question


do you think the student is being singled out in a way the legal system should stop?

Yes, by firing the faculty member.

does nothing for the student

Its essentially the same issue as racial profiling

Does being a member of a persecuted minority give one immunity for crimes or unethical behavior? Fire the faculty member, tenured or not, kick out any cheating students. Is this the only class in the university where a student would be subject to careful screening for wrongdoing? Is this the only class that a student would be led to cheat in?

not the issue

here is the way one source explains it.


"Selective Prosecution"

Criminal prosecution based on an unjustifiable standard such as race, religion, or other arbitrary classification.

Selective prosecution is the enforcement or prosecution of criminal laws against a particular class of persons and the simultaneous failure to administer criminal laws against others outside the targeted class. The U.S. Supreme Court has held that selective prosecution exists where the enforcement or prosecution of a criminal law is "directed so exclusively against a particular class of persons … with a mind so unequal and oppressive" that the administration of the criminal law amounts to a practical denial of equal protection of the law (United States v. Armstrong, ___U.S.___, 116 S. Ct. 1480, 134 L. Ed. 2d 687 [1996], quoting Yick Wo v. Hopkins, 118 U.S. 356, 6 S. Ct. 1064, 30 L. Ed. 220 [1886]). Specifically, police and prosecutors may not base the decision to arrest a person for, or charge a person with, a criminal offense based on "an unjustifiable standard such as race, religion, or other arbitrary classification"


the term used in civil cases is selective enforcement but the principle is the same.

http://www.answers.com/topic/selective-prosecution?cat=biz-fin

It is a difficult defense but the principles are fairly clear.

Interestingly the remedy (if successful) would most likely be money damages for teh constituional violation, not reinstatment


Vince



Glenn D.


.

Relevant Pages

  • Re: The Future of Physics and the World
    ... major problems: the site is way too small for anything on the ... the policy of that or any campus, alumnus sites aren't supported ... any longer and I'm not a student or faculty member there any longer. ...
    (sci.physics)
  • Re: OT: I wanna be a scientist
    ... >approaching a faculty member about lab work, ... There are different types and categories of lab worker. ... straight technicians who work in labs and are paid by the hour. ... If you are a graduate student and want to do your graduate research in ...
    (talk.origins)
  • Re: UML: extends .vs.generalize
    ... >difference between extends and generalize. ... >college student application. ... Family Member as a generalisation of student is helpful, ... be a faculty member, so to is a teacher and an administrator. ...
    (comp.object)
  • Re: Colorado Regents Vote To Fire Ward Churchill
    ... screened every paper by a Jewish student for plagiarism but no others. ... he does this because he is a raving anti semite ... by firing the faculty member. ...
    (sci.military.naval)
Loading