Coles says fighting the DOD, legally or in the public arena, poses little or no risk for universities.
"If you lose, you comply. What's the problem?" he asks. "Or, if you lose a political challenge, if you try and get them to change it and you don't succeed, then you comply. Why do people give up without a fight?"
At Wash. U., the law-school faculty voted unanimously on Nov. 8 to ask the university's general counsel to explore the issue of litigation. It's unclear whether Chancellor Wrighton supports the move or whether he will quietly quash that effort as well.
Nothing so far suggests that Wrighton feels any sense of outrage. He says through a university spokeswoman that he won't comment beyond what he wrote in his memo to Seligman. Well, that's where he said he found the whole thing "unsettling." That's the equivalent of a whisper, not a scream.
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