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Re:Gitmo Is Killing Me by potatolicious on Monday April 15, 2013 @02:13AM (#5550043)
Tenure doesn't work this way. The whole idea about tenure is to give academics the freedom to pursue things that are controversial to the public - i.e., you can research controversial things without being tossed out by the angry mob. You can afford to go full-bore on your research rather than play politics and PR with the public.

Tossing one tenured professor out is a simple thing. After all like you said, it's not written down in the constitution.

The problem with removing tenure is that it destroys trust in the tenure system. If one professor is stripped of tenure for being controversial, then no one is safe. For this reason the only way to lose tenure is to do something illegal, since that's really the only line you can draw that doesn't move very much.

Tenure is an all or nothing deal. The entire effect of protecting your faculty is completely nullified as soon as you violate your principle for one guy. The floodgates open and suddenly every prof that's doing something controversial becomes a target.

Re:Gitmo Is Killing Me by gbhn on Monday April 15, 2013 @07:40PM (#5555246)
I think that's the whole point: professors as a body should fear that if they go off and work to normalize a torture regime, they'll be fired by their universities. Hopefully that encourages them to not do such things. What's certain is that treating such conduct as "controversial" instead of just firing the person is exactly the same kind of DoS attack on tenure as these characters mounted on the legal system -- using the strengths of such systems against themselves.

We haven't invested much energy recently in creating institutions that have adequate defenses against this kind of threat model. Our assumption has been that the socialization structure either produces people who are pathologically criminal or are socially responsible. The emergence of a class of social behavior which is "respectable" and despicable at the same time is a threat we need to deal with.

Re:Gitmo Is Killing Me by RyanMcGreal on Monday April 15, 2013 @08:46AM (#5551138)
Violating international law against torture is not "controversial", it's criminal.
Re:Gitmo Is Killing Me by potatolicious on Monday April 15, 2013 @09:18AM (#5551291)
So charge him with a crime already and we can get on with this removing-tenure business.

Except you can't - because he didn't violate international nor domestic law. He never waterboarded anyone, nor did he order the waterboarding of anyone.

He worked on legal justifications for the use of torture, which is not an area of international law that's well defined. He didn't make policy nor law, he spun law so that it fit existing policy.

I won't disagree that what he has done is despicable, but what exactly would you charge him with that would actually stick?

Re:Gitmo Is Killing Me by Djehngo on Monday April 15, 2013 @09:14AM (#5551271)
He will be classified as a criminal when and if the courts convict him as one. Until then what he did is irrelevant to his tenure due to the concerns raised by potatolicious.