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Yale Law Students Sue Over Alleged "Blackballing" For Supporting Law Professor

Added 11-23-21 09:55:02am EST - “We have often discussed how dissenting faculty and students are increasingly subjected to retaliation for the exercise of free speech or free association on campuses.? In many cases, such treatment?” - Jonathanturley.org

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Posted By TheNewsCommenter: From Jonathanturley.org: “Yale Law Students Sue Over Alleged “Blackballing” For Supporting Law Professor”. Below is an excerpt from the article.

We have often discussed how dissenting faculty and students are increasingly subjected to retaliation for the exercise of free speech or free association on campuses.  In many cases, such treatment involves shunning or blackballing by school administrators to prevent professors or students from participating in programs. That is the complaint by two law students (identified only John Doe and Jane Doe) who allege that they were blackballed for supporting Professor Amy Chua, who was previously discussed as embroiled in a controversy at the school after she defended Justice Brett Kavanaugh.  The students make some shocking allegations against the Yale Dean and other administration officials.

In addition to Yale Law School, the students are suing Yale Law School’s Dean Heather Gerken and its Associate Dean Ellen Cosgrove, and the Director of Equity, Diversity & Inclusion Yaseen Eldik.

The use of the anonymous filing is interesting since the students claim that they were retaliated against by the law school, including being identified in a mysterious “dossier” circulated around the school. The anonymity would appear to protect them from the retaliation of lawyers and firms for bringing allegations against the school. John Doe is described as African American and Jane Doe is described as Asian American. They are seeking damages of not less than $150,000.

The complaint states that, because Yale does not use traditional grading (in favor of Honors, Pass, and Low Pass marks), there is intense competition for students to find other ways to distinguish themselves in the absence of a GPA: “While this system protects what would otherwise be the bottom half of a law school class, it makes competition tight for its more traditionally ambitious students, who often seek competitive federal clerkships or other government jobs, whose limited availability and competitive nature are considered highly prestigious and desirable.” One of the most sought after positions are “Coker Fellows” who work as teaching assistants.

The students say that Gerken was publicly critical of Chua for her defense of Kavanaugh and claim that she led an effort to gather derogatory information on Chua from students, faculty, and staff. Students were allegedly instructed to send such information to Cosgrove.

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