Archive for 2024

UNIVERSITIES MAKING BIG PAYOUTS OVER COVID CLOSURES: COVID class-action splurge continues: GWU university near White House pays $5M for shutting down class.

Class-action lawyers may have frowned when Cornell University agreed to pay just $3 million last fall to settle a lawsuit seeking tuition refunds from its shutdown of classroom instruction early in the COVID-19 pandemic – a far cry from Ivy League peer Columbia’s $12.5 million payout for the same actions two years earlier.

They are likely grinning now that a comparably sized but less prestigious private university, blocks from the White House, has agreed to pay much more than Cornell, raising the prospect of more big payouts for class counsel well into 2024.

They were warned.

Cheering for the litigation and resulting settlement: one of GWU’s most vocal and feisty law professors, John Banzhaf, who pioneered public interest lawsuits against Big Tobacco and has needled the administration on free speech and students’ rights for years.

Banzhaf took a victory lap Thursday after GWU alerted eligible students, noting he publicly encouraged Revolutionaries and students nationwide to sue for refunds from COVID dorm evictions and warned colleges resuming “Zoom U” amid the Omicron variant surge they were legally vulnerable.

He also promoted and celebrated early rulings against universities, such as a Florida federal court’s rejection of Barry University’s argument that in-person and online education were functionally the same, which laid the groundwork for a $2.4 million settlement in fall 2021.

Longterm, though, universities may be better off losing these than having courts rule that their in-class product is no better than Zoom classes. . . .

WHICH OFFICE DO I GO TO, TO GET MY WORDS BACK? Attorney for Carol Swain Sends Letter to Harvard Corporation Demanding Answers for Plagiarism by Disgraced President.

The Tennessee Star obtained the letter written by an attorney representing Dr. Carol M. Swain, sent on Wednesday to the Harvard Corporation, including Interim President Alan Garber and Senior Fellow Penny Pritzker, demanding answers about what Swain claims is plagiarism of her work by outgoing President Claudine Gay.

The letter revealed Swain requires answers about what Harvard considers “duplicative language,” which is what the university has acknowledged Gay committed in several of her academic works.

Writer and activist Christopher Rufo in December raised allegations that the former Harvard president plagiarized material from Swain’s work for her 1997 Ph.D. thesis. Swain is a former political science professor at Vanderbilt and a graduate of both the University of North Carolina, Chapel Hill and Yale University.

Swain expects Harvard explain the difference between “duplicative language” and “verbatim copying” without attribution, whether the institution requires quotation marks to be used for “the identical replication of another author’s language,” and when it is appropriate to retroactively edit an academic text to include quotation marks around another author’s language.

In the letter, the lawyers wrote that Swain also demands Harvard declare whether Gay’s dissertation, which Swain alleges included material plagiarized from her book Black Faces, Black Interests, meets the Harvard University Guidelines for PhD Dissertation from 1997.

“How many instances of duplicative language in a scholarly work would constitute plagiarism?” The attorneys queried, “Would five instances of duplicative language constitute plagiarism? Would 50?”

Swain also asked through her attorney for Harvard to clarify whether “the discovery of plagiarism in a dissertation after a Harvard degree has been awarded” would “impact the status or validity of the degree conferred?”

Swain’s questions have been largely ignored by the mainstream media, which doesn’t seem much interested in intellectual theft from a black woman.

CLAUDINE GAY WOULDN’T KNOW THE TRUTH IF IT BIT HER:  A Gay Fisking.