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

U.S. Attempts To Export Affirmative Action To France

Posted on February 18, 2011
The Toronto Globe and Mail reported Wednesday that the United States has been ?accused of meddling in France?s immigrant policies.? After two years, human rights activist Abdelaziz Dahhassi finally realized his dream of setting up a think tank to find new ways of fighting ethnic and religious discrimination in France...

Hypocrisy From The California State Bar Association?

Posted on February 18, 2011
According to a report in the National Law Journal yesterday, the State Bar of California ?is finalizing a proposal that calls on U.S. News to adjust its formula so that diversity accounts for 15% of the overall law school rankings.? ?The deans care dearly about where they rank,? said Craig Holden, a partner at Lewis Brisbois Bisgaard & Smith and the chairman of the council, which is spearheading the proposal...

Plagiarism And Ethnicity

Posted on February 18, 2011
Here?s an intriguing notice, in its entirety, from Inside Higher Ed today: A new study aims to bust the stereotype that Asian students are more inclined to plagiarize than their peers are, concluding that how closely students identify with an ethnic heritage is more clearly associated with plagiarism than their ethnicity i If you follow the link to the new study you will find the following: Abstract: Ethics have received increased attention from the media and academia in recent years...

Time For A Name Change?

Posted on February 18, 2011
Matt Welch writes: ?We are witnessing the logical conclusion of the Democratic Party?s philosophy, and it is this: Your tax dollars exist to make public sector unions happy.? (HatTip: Instapundit) Maybe it?s time for a name change. Just as the Republican Party is widely known as the GOP, perhaps the Democrats should now be known as the PSUP ? Public Sector Union Puppet Party...

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Ohio Preferences

Posted on February 15, 2011
Many people assume, incorrectly, that racial and ethnic preferences are an issue (if, indeed, they are an issue) only at elite colleges and universities. Not true, as the Center for Equal Opportunity?s new study of Ohio State and Miami University of Ohio demonstrate...

Michelle Milks Tax Teat For Favored Cause

Posted on February 15, 2011
?First lady Michelle Obama will be speaking out to remove barriers to breastfeeding,? Politics Daily reported yesterday, ?throwing the spotlight on nursing as a way to reduce childhood obesity.? ?Barriers? to breastfeeding? What could they be? Well, whatever they are, they appear (not surprisingly, given Michelle?s interest) to have a disparate impact...

?Racial Gap Persists For [New York City?s] Specialized High Schools?

Posted on February 11, 2011
News of which students have been admitted to New York City?s specialized, highly selective high schools has just been released, and ?for minority students, the news continues to be grim.? Combined, white and Asian students account for 70 percent of the students admitted to elite schools like Stuyvesant, the Bronx High School of Science, and Brooklyn Technical High School...

?Infidels In The Church Of Diversity?

Posted on February 10, 2011
You?ve probably read, or at least heard about, John Tierney?s surprisingly impressive (considering where it was published) recent article in the New York Times that favorably portrays UVa psychology professor Jonathan Haidt?s provocative presentation at the recent convention of social psychologists in San Antonio (he, politely, demonstrates their bias)...

Busing Redux and the Misunderstanding of Brown

Posted on February 08, 2011
[NOTE: This post has been UPDATED] If you think battles over busing to promote racial balance ?diversity? are ancient history, you obviously haven?t been paying attention to the ongoing conflict in Wake County (Raleigh), North Carolina?s largest school district...

?The Pathology Of Repeal?

Posted on February 05, 2011
Highly respected academics are on record arguing that those who refuse to consider bipartisan compromise are ?a disruptive, meddlesome, dangerous, and often pathological set of fanatics? whose criticism of the president is ?excessive? and even ?pathological,? comparable to ?the mean and vulgar methods used by Goebbels and Stalin...

So, Title IX Doesn?t Require Quotas?

Posted on February 04, 2011
I suggest here that you try to tell that to the University of Delaware.

The Obamian First Amendment In Black And White

Posted on February 03, 2011
On Pajamas Media, Hans A. von Spakovsky points to a new and troubling example of Obama?s racial double standards, the renomination of James E. Graves to the Fifth Circuit Court of Appeals. Graves, currently a justice on the Mississippi Supreme Court, was nominated and recently renominated, von Spakovsky points out, despite the fact that Graves? votes in three different disciplinary cases involving Mississippi judges show that he looks at alleged misconduct differently depending on the race of the perpetrator...

A Crumby Gender Gap Response

Posted on January 31, 2011
According to an article in the New York Times today, the Wikipedia Foundation, the organization that runs Wikipedia, has its knickers in a twist over the discovery that ?barely 13 percent? of its more than 3.5 million articles were written by women. Naturally the foundation found this female underrepresentation unacceptable and ?has set a goal to raise the share of female contributors to 25 percent by 2015...

A Likely Story

Posted on January 30, 2011
Peter Wallsten reported in the Washington Post yesterday that, ?With 2012 looming, Obama focuses on economy.? Does that sound familiar? It should. Obama was still learning his way around the White House in March 2009, less than two months after his inauguration, when it was already being reported that The new buzz-word in Washington is ?pivot,? used to describe a fundamental change in public policy...

Gay-mandering?

Posted on January 28, 2011
In December 2009 Annise Parker was elected mayor of Houston, making it, The Huffington Post gleefully reported, ?the largest U.S. city to ever have an openly gay mayor.? Last month, Houston?s FOX 26 Morning News reported, Mayor Annise Parker abruptly walked out of her own press conference at City Hall on Tuesday afternoon...

A Common Creed?

Posted on January 26, 2011
In his State of the Union address last night President Obama ably impersonated the Barrack Obama, then a Senate candidate in Illinois, who declared in his well-regarded keynote address to the 2004 Democratic Convention that there?s not a liberal America and a conservative America; there?s the United States of America...

Obama And The Left?s Single-Issue Libertarianism

Posted on January 23, 2011
Yesterday President Obama issued an odd statement commemorating the Supreme Court?s divisive abortion decision: Today marks the 38th anniversary of Roe v. Wade, the Supreme Court decision that protects women's health and reproductive freedom, and affirms a fundamental principle: that government should not intrude on private family matters...

Obama: Reckless Driver

Posted on January 22, 2011
President Obama now says ?Our Job Now Is Putting Our Economy Into Overdrive.? This statement assumes a number of things that are varying degrees of not true: 1. That the economy is out of the ditch, the president?s past favorite metaphor. 2. That the economy is not only out of the ditch but is driving down the road in high gear (the only gear from which one can shift into overdrive)...

Racial Exclusion Still Lives, Unmolested

Posted on January 21, 2011
Compare Title VI of the Civil Rights Act of 1964: No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance...

Book Review At The Pope Center

Posted on January 19, 2011
I have a review of Equal Opportunity In Higher Education: The Past And Future Of California?s Proposition 209 in the Pope Center for Higher Education?s Clarion Call. The book is a collection of monotonously un-diverse essays and comments (with the notable exception of a comment by Peter Schmidt of the Chronicle of Higher Education) by committed devotees of ?diversity...

Encore! Two Recycled Posts In Honor Of Martin Luther King, Jr.

Posted on January 17, 2011
[First posted on Martin Luther King Day, 2004] What Do We Honor When We Honor Martin Luther King? (And Who Are ?We??) When President Bush went to Atlanta last week to lay a wreath on Martin Luther King?s grave, he was greeted with demonstrations and howls of protest...

UnTesting Lawyers

Posted on January 16, 2011
Inside Higher Ed has reported that the ABA ?May Drop LSAT Requirement.? Donald J. Polden, dean of the law school at Santa Clara University and chair of the ABA committee studying the standards, said dropping the LSAT as an accreditation requirement would provide ?greater flexibility for schools to achieve diversity goals in their admitted classes...

Rasmussen On Race Relations

Posted on January 16, 2011
Rasmussen reports, based on past and recent polls, that in January 2009, ?the month the nation inaugurated its first African-American president, 70% of voters said relations between blacks and whites were getting better.? By October of that year, however, ?just 36% said the same...

?Honest And Civil Debate??

Posted on January 16, 2011
In his recent memorial service speech in Tucson President Obama declared that ?only a more civil and honest public discourse can help us face up to our challenges as a nation.? Hans Bader highlights in some detail a few examples where the president?s own discourse has been far less than honest.

Madness In Marin

Posted on January 14, 2011
HUD has found Marin County guilty of massive (but ?preliminary?) ?non-compliance? with anti-discrimination laws and regs. Yes, that Marin County, which admitted nothing but folded completely. Is this a joke? That question is not rhetorical, but rather an invitation for you to read my article on Pajamas Media today, Marin County?s Minority Problem.

From The Individual Mandate To Educational Mandates?

Posted on January 13, 2011
Professor Bainbridge asks whether the pro-Obamacare constitutional lawyers see any limits on government power, and concludes they don?t. On their theory, he asks, why can't the government order me to exercise more and eat less? After all, being overweight increases the likelihood that I'll need medical services, which implicates economic activity...

WaPo?s Robinson Undercuts His Own Case For Preferences

Posted on January 05, 2011
I?ve written about the Washington Post?s Eugene Robinson too many times to cite, here (with links to 9 or 10 more) and elsewhere. He seems to spend half his time lambasting Republicans ? yesterday?s Opponents of Health Care Law Are Delusional was one of his milder efforts ? the other half pushing race preferences, and the third half repeating those points on MSNBC?s Morning Joe...

Obamacare: A Death Panel For Legislation

Posted on January 05, 2011
Obamacare: A Death Panel For Legislation The Obama administration has now reversed its reversal on ?end-of-life-counseling,? aka ?death panels.? Reversing a potentially controversial decision, the Obama administration will drop references to end-of-life counseling from the ground rules for Medicare's new annual checkup, the White House said yesterday...

What?s So Bad About Inequality ... Or Racial Stratification?

Posted on January 03, 2011
Discussing ?Obama and Income Inequality,? Mickey Kaus, one of the last of the orthodoxy-bucking liberals, writes: There are two big questions to ask liberal opponents of income inequality. 1) What, exactly, is it about greater economic inequality that?s so bad? and 2) What you gonna do about it? You should read his entire post, but, briefly, he argues regarding Question 1 that income inequality is not bad in itself; it?s bad ?because it corrodes social equality?i...

Princeton Professor Implies Whites Like Dogs Better Than Blacks

Posted on December 31, 2010
Appearing on the Rachel Maddow show recently (no surprise there), Melissa Harris-Perry, an Associate Professor of Politics and African American Studies at Princeton, warned that We want to be really careful here. There are some complex issues at stake whenever you are talking simultaneously about African Americans and talking about issues of animal rights...

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