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Legal Commentary

Discriminations

who? Discriminations is the joint production of John and Jessie Rosenberg. John is one of the world's older grad students, now completing a 30-year overdue dissertation at Stanford on discrimination. Jessie is a 16 year old junior at Bryn Mawr College majoring in physics.
\r\nwhat? John's focus, not surprisingly, will be on the theory and practice of discrimination, and how it is reported and analyzed.
\r\nJessie's will be discriminating thoughts on ... whatever catches her fancy or attracts her attention. (Email: jrosenbe@brynmawr.edu)

Post Frequency: 13.8/day

Last Entry: April 01, 2011 at 09:31:52

Impeach Eric Holder!

Posted on September 26, 2010
Article 2, Section 4, of the Constitution provides that The President, Vice President and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors...

Who's Dumb?

Posted on September 26, 2010
John Kerry (you remember him; he served in Vietnam) calling voters too dumb to appreciate Democrats brings to mind the old warning to people who live in glass houses. Yesterday, according to the Boston Herald article linked above, Kerry ?blamed clueless voters with short attention spans for the uphill battle beleaguered Democrats are facing? in the midterm elections...

?Diversity? Goes Abroad (Or Doesn?t)

Posted on September 23, 2010
It is well known, at least to DISCRIMINATIONS readers, that if you listen closely to the justification of ?diversity?-based racial preferences (But who does? Certainly not those who offer them) you will hear that ?diversity? is essential because whites (and implicitly, Asians) need to be exposed to blacks and Hispanics, whose ?difference? is what provides the ?diversity...

Apologies

Posted on September 20, 2010
Nicholas Kristof sent a ?Message to Muslims? in his New York Times column yesterday: ?I?m Sorry?: I hereby apologize to Muslims for the wave of bigotry and simple nuttiness that has lately been directed at you. The venom on the airwaves, equating Muslims with terrorists, should embarrass us more than you...

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Losers Win (Or Do They?)

Posted on September 15, 2010
First, let me say that it is quite possible that the building Republican tsunami is so strong that it will carry into office politicians, like Christine O?Donnell, whose boat would have long since sunk in calmer seas. Possible, but at least as it appears this morning, not likely...

Sean Wilentz, History's Avenging Angel

Posted on September 14, 2010
A week or ago the Chronicle of Higher Education published a long paean to the work of Princeton historian Sean Wilentz, rightly describing him as ?a man near the top of the history profession.? Wilentz?s leading scholarly works are Chants Democratic: New York City and the Rise of the American Working Class, 1788-1850, (Oxford University Press, 1984) and The Rise of American Democracy: Jefferson to Lincoln (W...

An Honest Call For Quotas

Posted on September 11, 2010
Virtually all defenders of race preference and other affirmative action programs that in practice amount to quotas deny that they support quotas. They just want race or sex or ethnicity to be ?considered?, they say, or ?taken into account,? they say, although to the last person they would be up in arms if there were no rewards based on race or sex or ethnicity after the consideration and account-taking were done...

The New York Times Muffs Mosques And Confederate Monuments

Posted on September 09, 2010
Are you as surprised as I am that the New York Times believes in ?graciousness and reconciliation? toward Confederates? Well, that?s not quite true, since it extends that olive branch only to Confederates who are long dead ... and to self-described ?moderate? Muslims who want to build a Mosque near Ground Zero...

Does ??Equity?? Require Preferential Treatment for Men?

Posted on September 08, 2010
Good question, if I do say so myself. And I said so at some length on Minding The Campus yesterday.

Blow-n Away II

Posted on September 04, 2010
I usually find the New York Times?s Charles Blow something of a predictable blowhard on racial issues, which is what he mainly writes about, but his short piece yesterday accusing the United States of being a ?Religious Outlier? reached entirely new depths of utter incomprehensibility...

Virginia Campaign Humor

Posted on September 01, 2010
Riding around Virginia?s 5th District with my Congressman, embattled first-term Democrat Tom Perriello (who won by 727 votes in 2008 riding on Obama?s now tattered coattails), David Corn of Mother Jones writes: ... Perriello explains why he thinks his brand of ?conviction politics? can win over voters ...

Crouch Grouch II

Posted on August 31, 2010
I always thought Stanley Crouch was a perceptive, interesting writer. Either he?s recently become unhinged, as this piece clearly suggests, or I was wrong all along.

Black Girl Jock Gap: A Surprising New ?Gap,? ?Disparity, ?Shortfall?

Posted on August 30, 2010
By the ineffable logic of ?disparate impact? discrimination, Title IX discriminates against ... black girls and women. Don?t believe me? Then read this.

Fauntroy?s Malicious Melody

Posted on August 27, 2010
Walter E. Fauntroy , pastor emeritus of Washington?s New Bethel Baptist Church, was Washington, D.C.?s, first non-voting delegate to Congress (1971-1991), chairman of the Congressional Black Caucus, one of the organizers of the March on Washington in 1963 that featured Martin Luther King?s ?I Have A Dream? speech, one of the organizers of the Selma to Montgomery march, and many other activities related to civil rights...

Make No Mistake. Let Me Be Clear. I Will Not Rest Until...

Posted on August 23, 2010
Let us all hope the Obamas enjoy their Martha?s Vineyard vacation . What?s not to enjoy, a cynic might add, about a 10 day hideaway in a private estate said to rent to most mortals for around $50,000 a week? But since I?m not a cynic, I won?t ask. But I do have one request...

My Congressman Gags On His Own Gag Order

Posted on August 20, 2010
My Congressman (Fifth District of Virginia), Tom Perriello, a first-termer who won by 700 votes holding on to a thread of Obama?s coattails and who is known not so affectionately by those who hope his first will also be his last term as Tom Pelosiello, was hammered during the tumultuous town hall meetings of last August...

Our First Muslim President?

Posted on August 20, 2010
For the past day or so the mainstream press has been all a-twitter (as have Twitter, the blogs, and the talk shows) with recent polls indicating a rising number of Americans think Obama is a Muslim and a falling number believe he is a Christian. On August 18 The Pew Forum on Religion and Public life started the recent buzz by reporting that Growing Number of Americans Say Obama is a Muslim...

Big Gap Studies Gap

Posted on August 18, 2010
I have a new post on Minding The Campus, Big Gap In Two Big Gap Studies, that discusses, as you might expect, what I could have called (but didn?t, since Minding The Campus is a respectable site) a gaping gap in two big studies of graduation gaps.

Revealing Headlines Today On Real Clear Politics

Posted on August 17, 2010
President Obama ... Boasts of Most ?Progressive? Political Triumphs in Decades while Gallup reports New Lows in Job Approval. I wonder if there?s a connection.

Harvard Law?s Randall Kennedy: Still Inscrutable

Posted on August 17, 2010
Back in 2003 I wrote a longish post on The Inscrutable Randall Kennedy. Kennedy, I began that post (noting that I had met him several times that we share a good mutual friend), is both a prominent and an impressive law professor at Harvard who has written both widely and deeply about race and the law...

Who?s On Third?

Posted on August 16, 2010
On Big Journalism today I discuss a travesty that I?m sure has consumed many of you sports fans, the shocking lack of ?diversity? among third base coaches in major league baseball. I also test your source-spotting skills by asking you to guess whether an article about that issue that I quote was news in the New York Times or a parody in The Onion...

The Separation Of Race And State II

Posted on August 15, 2010
Prefacing his comment supporting the Ground Zero mosque with one of his signature verbal tics indicating that he really, really means what he was about to to say (?But let me be clear?), President Obama recently announced: But let me be clear. As a citizen, and as President, I believe that Muslims have the same right to practice their religion as everyone else in this country...

The Real Maxine Waters Scandal

Posted on August 14, 2010
The real Maxine Waters scandal is that what she admits is worse than what she denies, but no one regards it as scandalous. What she denies is that she ?violated anything? in arranging government assistance to a bank in which her husband had a substantial financial interest...

Which Is Parody, Which Is Real?

Posted on August 13, 2010
Some of you may have seen what you thought was President Obama?s recent YouTube video taking us on a tour of his new Healthcare.gov website. Actually, that may have been a parody. A much better, and more entertaining, guide can be found here.

Harry Reid, Racist Anti-Semite?

Posted on August 12, 2010
Harry Reid has been getting a lot of flack for saying on Tuesday that he doesn?t know ?how anyone of Hispanic heritage could be a Republican.? Now, in one sense it?s not clear why Harry Reid admitting that he doesn?t know something everyone else knows should be news, since it?s been clear for a long time that there are many well-known things Harry Reid doesn?t know...

Tumultuous Reporting By The Washington Post

Posted on August 11, 2010
Tumultuous adj. ... 2. Greatly agitated, confused, or disturbed I heartily recommend this critical discussion of Tumultuous reporting by the Washington Post.

No Hope?

Posted on August 11, 2010
John McWhorter has written a depressing review of what sounds like an enormously impressive book by Amy Wax, Race, Wrongs, and Remedies: Group Justice in the 21st Century, in The New Republic. ?This book is depressing,? McWhorter begins his review, ?because it is so persuasive...

Doyle-ing In The Fields Of The Lord Obama

Posted on August 05, 2010
Recently I?ve criticized several leading major media columnists, twice on Big Journalism ? Eugene Robinson and David Broder ? and once here, Charles Blow. I will now convert this trilogy into a quartet by taking a look at the August 1 column by Doyle McManus, the Los Angeles Times Washington Bureau Chief from 1996 to 2008 and now that paper?s Washington columnist...

Blow-n Away

Posted on August 03, 2010
I am accustomed to disagreeing with the designated race writers in the mainstream media ? the Washington Post?s Eugene Robinson [also here, citing several others], the Boston Globe?s Derrick Z. Jackson, the Chicago Tribune?s Clarence Page, the New York Times?s Charles Blow come quickly to mind ? but I do not usually find their columns sputteringly incoherent...

If You?d Like A Change Of Scenery...

Posted on August 03, 2010
... You can find some very DISCRIMINATION-like observations here and here. The first is another look at the recent work of Prof. Thomas Espenshade of Princeton, which I?ve discussed here a number of times. He finds what looks to the naked eye to be massive discrimination in admissions against Asians, and only a little less against white, but he and his co-conspirator, Alexandria Walton Radford, seem incapable of seeing it...

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