<p>The only member of the press, sporting or otherwise, whose written opinions have actually reflected common sense and reality, is Jason Whitlock, who writes for ESPN and the Kansas City paper.</p>
<p>If the LAX players want to pursue it, it appears they have a case not only against Nifong et al but also the Duke administration. Big time settlement dollars.</p>
<p>Newsweak (sic) has now stopped drinking the kool aid. What next?</p>
<p>What kind of case against the administration?</p>
<p>INNOCENT</p>
<p>they are</p>
<p>duke egr--watch the defense pleadings. some worrisome points for the administration is whether they coopted the duke email system, allowed cops to interview defendants without lawyers present when they knew lawyers were involved, information about egress and ingress to dormitory rooms of defendants, etc. It could get really interesting. there's probably a lot more--which should be exposed with a strong disinfectant.</p>
<p>The Duke email system one will be interesting - I think a universe of faculty, staff, and students will come crashing down if it turns out the office of information technology or the administration allowed or approved of a fraudulent e-mail or access to an account.</p>
<p>Not sure about the dorm entry part, though. Apparently the investigators asked for access to the dorms and got it, though they apparently entered behind someone. I don't think the university could be found laible for anything there.</p>
<p>It is interesting to me how the tone has changed from "Why isn't the university doing x, y, and z to these criminals and being strong in its leadership?" to "Why isn't the university doing a, b, or c in defending these totally innocent students and being strong in its leadership?" Makes me think Brodhead must have gotten it mostly right so far.</p>
<p>i'm sure the LAX players feel differently about Brodhead. Interesting times ahead.</p>
<p>one addititonal thought on the administration--i think an outline as to how to sue authorities and media (Nancy Grace--good lord!) is found in the settlement of Richard Jewel (IIRC), the man falsely accused of planting a bomb at the Atlanta Olympics.</p>
<p>Was the administration complicit (either tacitly or otherwise) in the wanted posters on campus? Was the administration complicit on the faculty behavior who wanted conviction prior to trial?</p>
<p>"Was the administration complicit on the faculty behavior who wanted conviction prior to trial?" I think the letter from the Provost roundly criticising Houston Baker's letter would clearly indicate a chasm between The Administration and certain faculty members. There was an ad in The Chronicle sponsored by several faculty members (and even a few departments) but it was written to address issues in general and not specifics. </p>
<p>As to the wanted posters - I think the pictures came from GoDuke.com, which took said pictures down relatively soon after the allegations surfaced and which has an intellectual property statement regarding content that means those posters were produced illegally.</p>
<p>The Jewell case and settlements with CNN and, I think, NBC would certainly be a model for how to go after the media. The college that Jewell also sued is discussed here: [url=<a href="http://medialibel.org/cases-conflicts/tv/jewell.html%5Dlink%5B/url">http://medialibel.org/cases-conflicts/tv/jewell.html]link[/url</a>]
[quote]
Piedmont College was also named in a lawsuit for allegedly approaching media and FBI investigators with "false and defamatory statements against Jewell, his personality, and his work history at Piedmont." Jewell reportedly reached an undisclosed settlement with Piedmont in 1997. Piedmont President W. Ray Cleere had previously provided a sworn statement saying he had been misquoted. If this were the case, the Atlanta Journal-Constitution would be at fault.
[/quote]
and so if Duke's administrators ever breached confidentiality or FERPA or anything like that, it might be a model for a lawsuit as well. I can't see the connection between individual faculty members making statements or taking out ads and finding the university complicit...</p>
<p>Heck - maybe they should sue Vanderbilt, since Professor Baker had already negotiated terms of emplyment with them before all this happened.</p>
<p>I saw some of Professor Baker's remarks --i believe the gist of his argument was that all sports were misogynist, homophobic, racist etc and should be abolished. I didn't hear him convict the LAX team of the alleged rape so I can't comment.</p>
<p>I think the lawyers will decide to sue from bottom to top and let the courts decide --if the kids decide to pursue it. Deep pocket theory should determine.</p>