Some former Bush officials, however, believed that the Justice Department's failure to pursue the New Black Panther Party case resulted from top Obam… - David Bernstein

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Some former Bush officials, however, believed that the Justice Department's failure to pursue the New Black Panther Party case resulted from top Obama administration officials' ideological belief that civil rights laws only apply to protect members of minority groups from discrimination by whites. Department spokeswoman Tracy Schmaler denied any such motives. She asserted that "the department makes enforcement decisions based on the merits, not the race, gender or ethnicity of any party involved". But an anonymous Justice Department official told the Washington Post that "the Voting Rights Act was passed because people like Bull Connor [a white police commissioner] were hitting people like John Lewis [a black civil rights activist], not the other way around". The Post concluded that the New Black Panther Party case "tapped into deep divisions within the Justice Department that persist today over whether the agency should focus on protecting historically oppressed minorities or enforce laws without regard to race". The Office of Professional Responsibility's report on the case found that several former and current DOJ attorneys told investigators under oath that some lawyers in the Civil Rights Division don't believe that the DOJ should bring cases involving white victims of racial discrimination. The report also found that Voting Section lawyers believed that their boss, appointed by President Obama, wanted them to bring only cases protecting members of American minority groups. She phrased this as having the section pursue only "traditional" civil rights enforcement cases. Her employees understood that by "traditional" she meant only cases involving minority victims.

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About David Bernstein

David E. Bernstein (born 1967) is a law professor at the George Mason University School of Law in Arlington, Virginia, where he has taught since 1995. His primary areas of scholarly research are constitutional history and the admissibility of expert testimony. Bernstein is a contributor to the legal blog The Volokh Conspiracy. Bernstein is a graduate of the Yale Law School, where he was a John M. Olin Fellow in Law, Economics and Public Policy, a Claude Lambe Fellow of the Institute for Humane Studies, and a senior editor of the Yale Law Journal. He received his undergraduate degree from Brandeis University.

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Alternative Names: David E. Bernstein

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OCR [US Department of Education's Office of Civil Rights] also states that a "school should also ensure that hearings are conducted in a manner that does not inflict additional trauma on the complainant", which implies that the school should not start the proceedings with a presumption of innocence, or even a stance of neutrality. Rather, university officials should assume that any complaint is valid and the accused is guilty as charged.

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Researchers discovered that for a given cohort of law school graduates, there was a massive disparity between those who listed themselves as Native American lawyers on the census (228) and the number of self-identified Native Americans who graduated law school over that same time period (2,610). In other words, over ten times as many people claimed to be Native American when they applied to law school than identified themselves as Native American lawyers once they graduated.

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