Acad. Quest. (2008) 21:114–121 DOI 10.1007/s12129-008-9040-3 REVIEWS

Until Proven Innocent: Political on, and the course syllabus clearly Correctness and the Shameful specified the penalty). Nonetheless, Injustices of the Duke Lacrosse she warned that if I didn’t increase Rape Case, by Stuart Taylor, Jr., her final grade she would accuse me of and KC Johnson. New York: racial discrimination. She casually Thomas Dunne Books, 2007, informed me that both at prep school 432 pp., $26.95 hardbound. in Shaker Heights, Ohio and at college at Northwestern, she had experienced “ ” Durham’s Disgrace similar problems. In every case, she said, professors had “seen the light” Michael I. Krauss and increased her grade. The student’s ensuing discrimina- tion charge, and the hearings they Published online: 26 April 2008 provoked, earned me attention from # Springer Science + Business Media, LLC 2008 most major newspapers and con- sumed two years of my career. In 1994, when I was a relatively During this time colleagues and law young law professor, I learned the school administrators alike be- hard way that American higher edu- seeched me to “pay the tax,” in- cation had largely abandoned the crease the student’s grade, and freedoms to teach (Lehrfreiheit)and apologize for my nonexistent dis- to learn (Lernfreiheit) that had made crimination. By the time the law our universities the envy of the West. school, the university, and the feder- I had given a student a very poor al Department of Education had final grade in 1L Torts: the grade was dismissed my accuser’s complaints, a (blind-graded) mediocre final exam I had become a different person. But I score, adjusted down one notch for was not suspended, imprisoned, or poor class participation. The student, impoverished, and I was only threat- an African-American woman, conced- ened with bodily harm once.1 Several ed to me that she deserved the poor class performance penalty (she had 1My family did receive one anonymous threaten- been unprepared for class when called ing phone call, but the coincidental advent of “caller ID” saved the day—when the caller phoned a second time to threaten my very young son with Michael I. Krauss is professor of law at George violence, and he read back the caller’s name (he Mason University School of Law, Arlington, VA was a member of the George Mason Black Law 22201; [email protected]. Students’ Association), the calls stopped forever. Durham’s Disgrace 115 colleagues, who had rushed to jump included the usual music and beer; on the “anti-racism” bandwagon in addition, tastelessly but legally, against me, committed an injustice, two striptease “artists” were to ap- but not one that damaged my ulti- pear. The party organizers had con- matefaithinourlegalsystem.2 tracted with an agency to provide The case of the 2005 Duke la- dancers: the specific request was for crosse team, and of three players two Caucasian dancers, presumably (Dale Evans, Collin Finnerty, and to avoid unseemly aspersions (all Reade Seligmann) in particular, members of the lacrosse team save shows how much worse things have one were white, whereas Durham become: their plight demonstrates was much blacker and poorer). The that the Rule of Law has now been agency had agreed to this request, weakened by these same forces. In a but then blithely sent two African- powerful journalistic compilation, American women to the lacrosse Stuart Taylor and KC Johnson house. One of these women, Crystal chronicle, decisively and irrefutably, Mangum, was a lost soul; a drug what is arguably the most flagrant addict and a prostitute, an unintelli- educational travesty of justice of the gent, incoherent, and mentally ill post-World War II era. The Dukies’ woman with, it turned out, no ordeal is, as was mine, one of iniquity apparent dancing skills. and cowardice. But theirs is also a Upon their arrival at the party, the story of police and prosecutorial two “dancers” collected their cash misconduct that should be discussed fee ($800), after which Mangum in every law school in the country. proceeded to collapse on the stage. A brief summary of the three Following this inauspicious begin- players’ (and to a lesser but still ning, she commenced a crude simu- wretched extent their teammates’) lated lesbian oral sex act with her balladisinorderhere.Duke’s fellow “dancer.” The lacrosse play- successful and prestigious lacrosse ers, grossed out and ripped off, team organized a team party at a loudly hooted their disgust and house the team rented. The party ordered the women to leave. Their complaints put an ugly end to a “ ” 2The student graduated from George Mason Law dismal party. As the dancers pre- School (with an unchanged grade in Torts...). She pared to leave, Mangum, enraged by never did attempt the Virginia Bar exam (I was ready to write to the Character and Fitness criticism of her “performance,” told Committee had I seen her name on the list of Bar her colleague that she was going to applicants) and, last I heard, she had moved to Pennsylvania. extract much more money from the 116 Krauss players. She then again fell seem- the reader concludes that the laxers ingly unconscious to the floor. Her could not have been treated any companion departed, hurling as she more unjustly, the authors proceed left a gratuitous racial slur at a to detail more, and more, and more lacrosse player, who ill-advisedly injustice. In addition, Taylor and responded in kind. Johnson’s report is never mind- Meanwhile, players had called numbing—I venture that many read- 911 for Mangum, who was taken to ers will plumb a sense of outrage the hospital. A nurse asked her whose depth they might not have whether she had been sexually experienced since 9–11. My only assaulted. Why, yes, she suddenly critique (perhaps only a major quib- proclaimed, she had been gang- ble?) of the authors is that they raped by three white Duke boys! pepper their journalism with endless Police were called in—but the at- editorial “asides” about political cor- tending officers did not believe the rectness in higher education, media, charge. DNA tests confirmed that no and politics. These obiter dicta are players had had any intimate contact all true, and are likely useful for the with Magnum (though semen from uninitiated, but they risk alienating four other men was found inside left-leaning readers who might her...), who was unable to identify conclude that the authors are her assailants by face or by name. ideologues. The charge was clearly baseless. So Such a charge is demonstrably far, what we have is a story of false in the case of Taylor, a jour- college jocks defrauded by a pathetic nalist who has skewered duplicity on woman who proceeded to aggravate the right and left throughout his her fraud with a groundless accusa- extremely distinguished career— tion. That this story spiraled into a indeed, the book’s emphasis on judicial-academic travesty is due to a police misconduct (a left-wing con- perfect storm of perfidy and coward- cern) nicely balances its condem- ice. Had any of the villains in Until nation of “progressive” higher Proven Innocent been faithful to education. Nonetheless, I question their duties, this tragedy would not the authors’ decision to lecture read- have occurred. ers from the get-go that the players Taylor and Johnson chronicle this are Dudley Do-Right and their storm in horrifying detail—indeed, accusers Snidely Whiplash. The the most remarkable characteristic of facts the authors marshal are con- their book is that repeatedly, just as vincing without their encouragement/ Durham’s Disgrace 117 hectoring; and their very useful (who was incompetent), or to the epilogue about the current state of defense (which was valiant—see political correctness would have been below). He lied constantly and icing on a “just the facts, Ma’am” serenely—he may be a sociopath. cake. This critique is a matter of Nifong has thankfully been dis- style more than of substance— barred, but he served only one day essentially I am suggesting that the in jail for his misdeeds. He is a authors should have suppressed disgrace to my profession. their own outrage, much as Harper Tara Levicy: Trainee, Sexual As- Lee let Tom Robinson’sfatespeak sault Nurse Examiner (SANE), Duke for itself. University Hospital. SPITEFUL. In this brief review, I provide a Ms. Levicy, an ardent feminist scorecard. Herewith the principal who appeared in a Vagina Mono- dramatis personae of this postmod- logues production, examined Crystal ern To Kill a Mockingbird, along Mangum at Duke Hospital, and ac- with my own one-word adjectival credited her statement of rape de- summary: spite the lack of any corroborating Michael Nifong: Durham County evidence, because “rape is about District Attorney. EVIL. This pros- power, not sex.” This nurse allowed ecutor committed numerous crimes her initial grossly negligent diagno- and displayed such a profound sis to morph, CYA-style, into the disdain for the Rule of Law and intentional tort of defamation of the for legal ethics that hundreds of lacrosse players as the charges thousands of law-and-order conser- against them gained national stature. vatives may be transformed into “Kethra,” a fellow SANE nurse civil libertarians by his actions. who posts on Liestoppers, (one of Nifong, who is white, was focused several blogs created in response to on his upcoming election in black- the Duke scandal), writes this about dominated Durham. He decided Ms. Levicy: that railroading “rich” white out- of-staters would ensure his elec- Ms. Levicy’s actions were un- tion (he was right—it did). Nifong conscionable, unprofessional declined to communicate the lack and the inherent sign of an of incriminating evidence and the incredibly biased person and cornucopia of exculpatory evi- nurse....By not telling the actual dence to the grand jury (which facts, by misrepresenting to the was asleep), to the trial judge police the signs and symptoms 118 Krauss

of a rape victim, by “embroi- on the loose threatening (black) dering” the true patient findings Durhamites (see “John in Carolina’s” and historical story, by her sheer blog for a summary of Addison’s ignorance of appropriate foren- libels).3 That these two rogue cops sic evidence collection tech- have not been criminally prosecuted nique, her sheer ignorance of is a travesty. Incredibly, Addison has basic pathophysiology, her been promoted to sergeant. Both, sheer ignorance of general med- however, along with the City of ical conditions and the identifi- Durham, have been personally sued cation of those conditions and by the players in federal court for by her glaring egotistical need civil rights violations, so there is to portray herself as an expert, some hope that corrective justice she sent the police down the will be meted out. trail of deception. Combine that Richard Brodhead: President of with a rogue prosecutor and Duke University. CRAVEN. Presi- shoddy police work (didn’t they dent Brodhead disgraced his univer- read the stupid medical reports sity through his failure to defend his for themselves?) she almost put students and staff. An inspiring three innocent men in jail. English professor and undergraduate dean at Yale (I was enthralled by the Levicy left North Carolina and ap- welcome speech he delivered to my parently is now a licensed nurse in daughter’s matriculating class in New Hampshire. Granite Staters, August 2001), Brodhead is a disaster beware. as Duke president. Instead of stand- Sergeant Mark Gotlieb and ing up for the Rule of Law, he Corporal David Addison: Durham pandered to local politicians whose Police Officers. REPUGNANT. A rabble-rousing potential he feared. more poignant reminder that amoral He named blatant racists to academ- cops can wreak terrible harm is hard ic advisory boards created to “heal to imagine. Sergeant Gotlieb, who the wounds” resulting from the rape hated Dukies, took over the case as he rashly concluded had been com- soon as he heard about it and mitted. He refused even to consider proceeded to assist in the fabrication the lacrosse players’ offers to con- of evidence against the laxers. Addi- son’s actions incited the community 3“The Cpl. Addison Series,” posting on February with false and inflammatory accusa- 11, 2007, at John in Carolina, a personal weblog, < http://johninnorthcarolina.blogspot.com/2007/ tions that (white) jock rapists were 02/cpl-addison-series.html >. Durham’s Disgrace 119 clusively prove their innocence to The National Press. SOME him. He demanded the resignation of MEAN-SPIRITED, SOME WEAK- Duke’s lacrosse coach, whose only KNEED. It’s hard to know where to sin was to have integrity and to do start here. Worst of all is clearly the his job well. Brodhead has never New York Times (anyone who still sincerely apologized for his coward- respects our grande dame must read ice.4 No parent should allow his or Until Proven Innocent), but close her child to apply to Duke as long as behind are the Washington Post, the Brodhead is president. Los Angeles Times, and USA Today. The Gang of 88. MALEFICENT Television anchors, prominently in- AND COWARDLY. Eighty-eight cluding Nancy Grace, sullied them- faculty members at Duke publicly selves by their own comments and shamed their university—the stain by the perfidy of their “guest will remain until they all have left its experts” (including ludicrous former employ. Taylor and Johnson detail prosecutor Wendy Murphy). For one the racial invective, the overt Duke- notable media exception, see below. student-hatred, and the athlete- Mike and Sue Pressler: Duke phobia of this group of Ward Lacrosse Team Coach and Wife. Churchill wannabes. Until Proven EXEMPLARS. Coach Pressler Innocent’s compilation of diatribes stood by his students, disciplining and petitions by the Gang of 88 is so them when they messed up but grotesque that were it to appear in building character exactly as sports The Onion, it would be deemed coaches should. Pressler had fine insufficiently plausible. That’s the men on his team, and he stuck by “maleficent” nature of the gang: its them even when it was made clear to cowardice stems from the fact that him that his continued employment eighty-seven of the eighty-eight re- at Duke required betraying them. fused to apologize after slam-dunk His wife Sue never tried to further evidence of their defamation was her nuclear family’s livelihood by be- published. traying the extended family of laxers she had come to love. This fine 4On 29 September 2007, Brodhead, speaking at a couple is now the lacrosse first family two-day conference at Duke Law School on the practice and ethics of trying cases in the media, at Division II Bryant University, in apologized for “causing the families to feel Rhode Island. That the Presslers were abandoned when they most needed support.” Sorry, that doesn’t cut it. They didn’t just feel chased from Duke while quislings abandoned—they WERE abandoned by Brodhead. like Brodhead (salary: over $500,000 His milquetoast non-apology is another missed opportunity—another sign of moral weakness. per annum) remain is telling. Press- 120 Krauss ler’s wrongful discharge suit against occasion even penalized by their Duke has been quickly (and, one professors, a small bipartisan group suspects, generously) settled by the of Duke undergrads fought coura- university, by the way, as have been geously for laxers whom they had tort suits against the university by the never met. They mounted a Dukie- families of the three players.5 registration drive that nearly unseated James E. Coleman: Duke Law Nifong in his reelection bid. And they Professor. STANDUP. To its credit, persistently embarrassed the prepos- none of Duke’s law faculty joined terous Brodhead with their fearless the lynch mob Gang of 88. One law habit of speaking truth to power. professor, Jim Coleman, chaired a Select North Carolina and committee that produced an early Maryland attorneys. VALOROUS. fact-finding report highly critical of These men fought back against the the university and the DA’s office. thugs of Durham’s police and state’s Coleman’s study was the first warn- attorney’s departments. Their fight ing sign for those willing to read it— was for a long time futile, thanks to something neither Brodhead (who Nifong’s suborning of perjury and in- had commissioned the study) nor timidation of exculpatory witnesses, the elite media was willing to do. but slowly they prevailed. These men Ed Bradley: 60 Minutes Re- make me as proud to be an attorney porter. WORTHY. In his last story as Nifong makes me ashamed. before his death from leukemia, Crystal Mangum (DEPRAVED, Bradley risked “race-traitor” status though not as evil as Nifong), has by doggedly pursuing the truth. His never been sanctioned for making public exposure of the fraudulent her false accusation. The three laxers’ case against the laxers was the single civil rights suit against Durham and event that, as Taylor and Johnson individual policemen is pending—and show, turned the tide in their favor. my lawyer friends there tell me they A few good men and women in are asking for way more than the city’s Duke’s undergraduate student insurance coverage... Meanwhile, body. FEARLESS. Vilified and on Duke’s undergraduate application mix has altered, thanks to l’affaire des laxers. There are now far fewer 5On 18 December 2007 three of the other Duke whites applying for admission and far lacrosse players (ones not charged by Nifong) also filed suit against Duke, Nifong, and forty-three others more “people of color,” report Taylor involved in the case. They claim—plausibly—that and Johnson. This may rejoice the they too were hurt by the smear campaign against the lacrosse team. ceaseless critics of white privilege in Durham’s Disgrace 121 the Gang of 88, but for everyone at events, something happens that lays Duke, whatever their hue, surely the bare the hypocrisy of a whole swath faintest scent of evil and cowardice of people the way a big wind strips must envelope them every day. dead leaves from a tree in late As Taylor and Johnson write, autumn.” The Duke lacrosse case, “Sometimes, in the course of human let us hope, has changed everything.