Discriminations: Legal Commentary

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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

A ?Diverse? Supreme Court?

Posted on May 13, 2010
It?s understandable that devotees of ?diversity? are usually loathe to discuss religion. Although they often speak (speciously) of ?culture,? the affirmative action apparatus they have constructed ties ?diversity? and ?multiculturalism? only to skin color and ethnicity...

Draft ?Em! : Release 3.0

Posted on May 12, 2010
Most of you probably thought I was joking when, a little over a year ago, I reprised a number of my calls for drafting students and assigning them where needed to promote ?diversity.? For example, as I had first argued here: If the yield [of admitted minority students who chose not to attend the University of California] has declined over the past 10 years, that is not the result of [Prop...

Kagan And Discriminatory Intent

Posted on May 12, 2010
Elena Kagan has argued, in one of her few substantive law review articles, that the ?redistribution of speech? by the government, i.e., restricting the speech of some in order to enhance the speech of others, is not ?itself an illegitimate end.? (This restrictive view of the First Amendment is not uncommon among liberal Ivy League law professors...

Kagan And ?Diversity?

Posted on May 12, 2010
The Washington Post reports this morning that ?black activists? (you know, Al Sharpton, the NAACP, etc.) are ?dismayed that no African American woman has reached President Obama's short list in two searches? for Supreme Court justices, and Kagan?s tenure at Harvard, which they see as ?lacking in racial inclusion,? has ?served to irritate them further...

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Cornel West: The Al Sharpton Of Progressive Intellectuals

Posted on May 12, 2010
For a thorough, and thoroughly convincing, puncturing of the bubble of Cornel West, see David Horowitz?s tour de force in National Review.

When (If Ever) Is Racial Profiling ...

Posted on May 09, 2010
... not racial profiling? Put another way, is ?taking race into account? or ?being conscious of race? (the favored constructions of the preferentialists) ? of course, as only one of many factors ? always racial profiling? I have recently criticized liberals, again, for being hypocritical on this issue, and the very next day warned conservatives that depending on how we discuss the recent Arizona legislation we risk the same charge...

Historical Pomposity On Display

Posted on May 07, 2010
Historians claiming to speak to current controversies with the authority of History itself can be at least as pontifically pompous as lawyers claiming to speak with the authority of The Law. A striking case in point is the almost humorously arrogant OpEd in the Washington Post today by Mount Holyoke historian Joseph J...

Roger Clegg Opposes Racial Profiling ...

Posted on May 07, 2010
... even in Arizona. But then, Roger notes, ?the Arizona law has already been changed so that, on its face at least, it bans racial profiling,? though he adds that the manner in which it will be enforced still remains to be seen. Roger takes issue with a column by Jonah Goldberg that, in my view, does a superb job of pointing out the hypocrisy of liberals who abhor racial profiling by the police but heartily endorse it when done by admissions officers, employers, etc...

Affirmative Action Committees All The Way Up?

Posted on May 04, 2010
At the University of Oregon the search for a new Athletic Director is finally underway. EUGENE, Ore. -- While the search for a new basketball coach is over, the hunt for a new athletic director is just ramping up. An affirmative action committee approved the university?s selections for an AD search panel...

College Shrinks: One Report, Two Takes

Posted on May 04, 2010
The Association for University and College Counseling Center Directors has just released its annual survey of members. Here?s how the Chronicle of Higher Education begins its report: Ratio of College Psychological Counselors to Students Improves By Ashley Marchand The ratio of paid psychological counselors to students improved for the 2008-9 academic year, according to the results of a survey released by the Association for University and College Counseling Center Directors...

This One Takes The Cake: NAACP Reverses Itself, Opposes Bill To Outlaw Racially Motivated Abortions

Posted on May 03, 2010
In several posts over the years I have painted a critical (and, to me, depressing) picture of a parade of liberal Catholic politicians struggling to reconcile the pro-life dictates of their faith with the pro-choice demands of their party. These attempts to reconcile the irreconcilable were uniformly unsuccessful, sometimes pathetically so, and thus it is not too much to say ? and I have either said it or strongly implied it ? that in each case these politicians remained loyal acolytes of their Church ...

Gifted In New York (Or Not)

Posted on May 02, 2010
Two depressing articles about gifted kindergarteners in New York City have just appeared; note the different focus: 10% More Qualify for Kindergarten Gifted Programs in the New York Times on Friday and Six districts in Central Brooklyn and the South Bronx don't have enough kids to open gifted program in the Daily News yesterday (thanks to reader E for the tip)...

?Diversity? STEM-Selling, Release 2.0

Posted on April 30, 2010
A few weeks ago on Minding The Campus I discussed The Misguided Push for STEM Diversity, noting that every month or so (or so it seems) a new report appears pointing with alarm to the ?underrepresentation? of women or blacks or Hispanics or Aleuts (or usually all of the above) in the STEM fields of science, technology, engineering, math and outlining STEM-?diversity? steps that must be taken in order to save the nation from destruction by competition in the ?new global economy...

EXTRA! EXTRA! Victor Davis Hanson Gets A Big One Wrong

Posted on April 29, 2010
In a post a few days ago, Would Passage Of The Arizona Civil Rights Initiative Invalidate Arizona?s Tough New Immigration Law?, I attempted to raise a red flag hypocrisy alert by in effect warning my fellow critics of race preferences that we need to temper our enthusiasm for Arizona?s tough new immigration law with an awareness that we risked being called hypocrites insofar as that law encourages racial profiling...

More Liberal Hypocrisy: Race ?As One Of Many Factors...?

Posted on April 25, 2010
I know, I know. Liberal hypocrisy on matters of race is about as newsworthy as another dog-bites-man story, but this one is too good to pass up. As we?ve seen too many times to cite, one of the most ubiquitous excuses liberals give for why racial profiling by college admissions officers and company employment offices is not racial profiling is that race is ?only one of many factors? considered...

Would Passage Of The Arizona Civil Rights Initiative Invalidate Arizona?s Tough New Immigration Law?

Posted on April 25, 2010
In the post immediately below I castigated the liberal hypocrisy of defending affirmative action admissions, hiring, etc., because those policies, so the liberals assure us (wink! wink!), are not discriminatory because they use race as ?only one of many factors? while they castigate Arizona?s new law allowing police to demand proof of being here legally of anyone about whom they have a ?reasonable suspicion? is not ? even though that law specifically states that officers ?may not solely consider race, color or national origin ...

The New Confederates

Posted on April 24, 2010
Liberals never tire of attempting to tie the albatross of Southern racism and Jim Crow around the neck of all contemporary conservatives, a modern version of ?waving the bloody shirt? that Republicans engaged in for a generation after the Civil War and that Democrats, seemingly incessantly, do now...

A Caveat To The Response To The ?Tea Party Is Racist!? Trope

Posted on April 23, 2010
By now it is clear that there has been a concerted campaign ? no need to call it a conspiracy ? to brand the Tea Party movement as racist. There has been an even more spirited, and entirely persuasive, response that rejects these evidence-less charges of Tea Party racism for the partisan hogwash they are...

Peter Wood On Sweet And Sour ?Diversity?: A Real Zingger

Posted on April 23, 2010
Paul Zingg, the president of California State University, Chico, made the mistake of circulating a ?diversity action plan for 2010-2015,? To Form a More Inclusive Learning Community, with a cover letter asking for both ?feedback? and ?input.? One of the copies found its way into the capable hands of Peter Wood, executive director of the National Association of Scholars, who has provided his ?feedput,? which he calls ?Attack of the Giant Plethora...

Obamacare Query: If There Is A Right To Refuse ...

Posted on April 22, 2010
Insofar as there is a right to refuse medical treatment, is there a corresponding right to refuse to pay for health insurance (or to be fined for not paying for health insurance) whose purpose is to pay for medical treatment? The Supreme Court held in Cruzan v...

Half-Baked Higher Education Argument In The Supreme Court

Posted on April 21, 2010
Two days ago I asked, What About Religious Diversity?, referring to the issues in Christian Legal Society v. Martindale just argued before the Supreme Court. For more on that argument and those issues, be sure to see this piece today on Minding The Campus and this even better one.

What About Religious Diversity?

Posted on April 19, 2010
The Supreme Court will hear argument today in Christian Legal Society v. Martindale, which involves the question of whether a public college can refuse to recognize a student religious group (deny it access to student activity fees, prohibit it from sending email notices to students and staff, etc...

Is It Racist, Fringe, Paranoid, Out Of The Mainstream To Believe That Obama Favors Blacks Over Whites?

Posted on April 18, 2010
Apparently so, according to the New York Times and all those who religiously adhere to all the views it now sees fit to print. In answer to Question 52 of the recent New York Times/CBS News Survey of Tea Party Supporters, 25% of Tea Party supporters said they believed the Obama administration favors blacks over whites, compared to 11% of the general population...

Amusing ?A Musing?

Posted on April 17, 2010
For a good while I?ve been a member of an impressive online mail list on constitutional law. Since the list is for, mainly, constitutional law professors, I?ve generally been a silent lurker. Recently one of the distinguished members posted ?A Musing,? which prompted an outpouring of unusually heated comment, much of it uncharacteristically vituperative...

Surprise! Voters Don?t Like The Unlikable And Don?t Believe The Unbelievable

Posted on April 15, 2010
A recent Associate Press article quotes Robert Blendon, a Harvard professor of public policy, who professes ?surprise? that voters still don?t like Obamacare because, he says, ?you would expect people to be more supportive of the bill now that it?s the law of the land...

Great Scott! Noted Feminist Scholar Refuses To Condemn Stoning Of Adulterous Muslim Women ?

Posted on April 14, 2010
... but condemns Sears, Roebuck. Read all about it, here.

Embarrassing Graduation Rate Data?

Posted on April 07, 2010
The usually reliable Chronicle of Higher Education misses one this morning. To see what, look at this. [Note: if you see something embarrassing here ? that is, if an embarrassing typo has not been corrected when you look, blame the editor, not the author...

Selling STEM ?Diversity?

Posted on April 05, 2010
I?ve written about the effort to recruit, enlist, induce, retain more women in science too many times to cite (a search here for ?women? and ?science? will, not surprisingly, turn up most of them), and now I?ve gone and done it again. If you?re interested, take a look at The Misguided Push for STEM Diversity on Minding The Campus today, with thanks to John Leo for accepting it there.

Preferentialists Ferociously Fear Facts

Posted on April 02, 2010
A couple of days ago I asked, What Are Race Preference Defenders Afraid Of? The answer was facts, in this case California Bar Association data on law school graduation rates. The preferentialists? fear of facts is both ironic and hypocritical here since these same California preferentialists were vociferous opponents of Ward Connerly?s Racial Privacy Initiative, which would have barred the state from collecting racial data...

Does Anyone Still Think Obama Is Post-Racial?

Posted on April 01, 2010
Why would anyone think that? There?s no evidence for any post-racialism, and now there is convincing evidence that if Obama had his druthers we?d be back in a world where race could legally permeate just about every educational decision at every level...

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