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Eric Rasmusen's avatar

(1) There should be a law saying that nonprofits cannot sign NDA's. They pretty much always are used to cover up misbehavior on the part of the organization, so donors and members, the principals, won't fire their CEO and other employee agents. This should not be limited to sexual harassment (whyever would it be?)

(2) The State of Texas has a rule against its universities using NDA's. Plus, the Regents must sign off on settlements. I know this because Prof. Tim Jackson just got a $725,000 settlement from the U of NOrth Texas for defamation, retaliation, free speech violation. See https://ericrasmusen.substack.com/p/u-of-north-texas-pays-prof-timothy,which links to the settlement agreement. Tim is posting the entire set of deposition videos online. They are at https://rasmusen.org/special/jackson/jackson.htm.

(3 In many cases, courts should refuse to enforce NDA's as being contracts against public policy. When their use is to cover up a crime, or when a manager uses it to cover up his incompetence, it should not be enforced.

(4) Standard evil university procedure is to do something illegal to an undesired tenured professor, expecting to get sued and lose, and then settle with an NDA.

(5) If anybody is interested in this, I'd like to draft a bill and try get my state, Indiana, to pass it. I'm at erasmuse61@gmail.com.

(This is a duplicate of what I posted at Katy's NDA Substack.)

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Francis Turner's avatar

It isn't just NDAs, a lot of "(client) confidentiality" and "right to privacy" sorts of things end up being abused the same way to ensure that the managers of those who abused others are not blamed, let alone punished, for failing to stop the abuse earlier. Typically an impartial investigation swiftly unearths a paper/email trail showing that there were complaints about the person for years before anything happened, but institutions always fight to prevent those sorts of investigation happening and they often use these rights to explain why the investigation would be impossible and/or why the final report must have names censored

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