Is the Fourteenth Amendment inferior to the First? If states are generally prohibited from discriminating on the basis of political identity, why should they be allowed to discriminate on the basis of racial identity? Consider Teresa Wagner’s much-discussed lawsuit against the University of Iowa College of Law for not hiring her due to her political […]
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Imagine a hypothetical gourmet grocery store chain — let’s call it Wholly Wholesome Foods — that serves haute cuisine specialties at sushi/deli/lunch counters only in its stores located in upscale neighborhoods. Now imagine the long zealous arm of federal, state, and local enforcers accusing WhoWhoFoo of discriminating against inner city residents and forcing it to […]
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On November 6 the voters of Oklahoma, following in the footsteps of voters in California (1996), Washington (1998), Michigan (2006), Nebraska (2008), and Arizona (2010), passed a constitutional amendment that prohibits the state from offering “preferred treatment” or engaging in discrimination based on race, color, gender, or ethnicity. On November 15 eight of the fifteen […]
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Advocates of affirmative action never seem to realize that abandoning the “without regard” principle of colorblind equality — i.e., legitimizing the distribution of benefits and burdens based on race — can result in unfavorable, discriminatory treatment of their favored minorities, even when that harsh lesson is staring them in the face as it is now […]
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“Mend it, don’t end it” was the famous advice on affirmative action from Bill Clinton, who did neither. There are, of course, other useful slogans, such as “Muddle it,” which the Supreme Court essentially did in the 2003 Gratz and Grutter cases. The Court held that the University of Michigan could not give a fixed […]
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Perhaps anticipating a defeat for affirmative action in the Fisher v. University of Texas case about to be argued before the Supreme Court, Columbia University political philosophy professor and former Dean of the College Michele Moody-Adams has just suggested moving away from a fixation on affirmative action and “Toward Real Equality in Higher Education.” Whatever […]
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Both Inside Higher Ed and the Chronicle of Higher Education have articles this morning about a new survey of Economics PhDs that finds a dramatic gender gap on policy questions. Among the findings, women economists are: 20% more likely than men to disagree with the notion that the United States has too much government regulation; […]
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As part of its series on higher ed issues in the 2012 campaign, the Chronicle of Higher Education has a long opinion piece in the form of a news article accusing Republicans of hypocrisy. In “Self-Sufficient, With a Hand From the Government,” author Scott Carlson claims to find “a striking dissonance” between the moving “pull-oneself-up-by-the-bootstraps […]
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Browsing through the collection of over 70 pro-“diversity” amicus briefs submitted on behalf of the University of Texas in the Fisher case, I am reminded, as I often am, of how eerily the current defense of “taking race into account,” i.e., preferential treatment based on race, resembles the old Southern arguments in defense of segregation. […]
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In explaining why the American Jewish Committee had (with his help) supported Alan Bakke’s lawsuit against the University of California but also supported the University of Michigan’s racial preferences in Gratz and Grutter, Alan Dershowitz wrote that We feared that our hard-earned right to be admitted on the merits would be taken away. The WASP […]
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The University of Texas has filed its main brief in Fisher v. University of Texas, and it’s a doozy. It argues, among other oddities, that the continuing “underrepresentation” of blacks and Hispanics requires the continued use of racial preferences to increase their numbers, but that the reason for increasing their numbers has nothing to do […]
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UCLA’s Proyecto Derechos Civiles — also known as the Civil Rights Project — has just published a useful new study suggesting the extent of racial discrimination in graduate school admissions. It examined minority graduate enrollments in four states with bans on racial preferences — California, Florida, Washington, and Texas (where the ban is no longer […]
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Under the headline “Diversity’s Evidences.” Len Niehoff’, described as a “professor from practice” at the University of Michigan law school, offered an almost humorously pathetic defense of “diversity on Inside Higher Ed today. He served on the legal team that defended Michigan in Grutter, which he claims the Court got “exactly right,” and his essay […]
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Now that the University of Virginia Board of Visitors has unanimously re-instated Teresa Sullivan as president, it will be important to put the controversy in the past as quickly as possible, to repair the frayed relations between supporters and opponents of the formerly fired president and between the Board and the faculty, which demanded her […]
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Finally some defenses of the beleaguered University of Virginia Board of Visitors are beginning to appear. An editorial in the Washington Post half-heartedly and with notable lack of enthusiasm called for Teresa Sullivan’s reinstatement, but the next day it ran an OpEd piece by Anne Neal, president of the American Council of Trustees and Alumni, […]
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Anyone who doubts that affirmative action stigmatizes those who receive it should read — in fact, be required to read — “Not Just a Diversity Number” at Inside Higher Ed. The author is identified only as “an assistant professor at a liberal arts college,” and the fact that Prof. Anonymous is afraid to sign his […]
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Listen closely and you can hear the sound of “diversity” crumbling, this week mixed with laughter over the news that the City University of New York has created two more official diversity groups–“white/Jewish” and “Italian-Americans.” Critics of the new Jewish category claim that “the creation of a label for Jewish professors could be used to […]
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Those of us who were disappointed when a divided Supreme Court upheld the distribution of burdens and benefits based on race in Grutter are hopeful that decision might be overturned — or that at least its most deleterious effects might be reined in — when the Court revisits affirmative action next fall in Fisher v. […]
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In an engaging but ultimately unpersuasive essay on Minding The Campus (“Affirmative Action, the Bishops and Women’s Colleges”), Jonathan B. Imber, a sociologist at Wellesley College, argues that the dispensation given to private women’s colleges to discriminate against men provides a model that would allow Catholic institutions to protect their religious values from public encroachment […]
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The Boston Globe has a long article revealing in excruciating detail the extent of Harvard’s publicizing of Elizabeth Warren’s self-identified Cherokeness, as well as her lame claim that she was oblivious to the use and usefulness of her alleged ethnicity to her employer. The article reveals one delicious new item, namely that “[t]he administrator responsible […]
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On May 18, both the Chronicle of Higher Education (here) and Inside Higher Ed (here) discussed a new report from the University of Southern California’s Rossier School of Education arguing that student debt has a disparate impact on Latinos.
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Over at the Chronicle of Higher Education, which used to be the pre-eminent publication covering higher education, the inmates are now running the institution. Editor Liz McMillen’s disgraceful capitulation to the mob demanding the head of Chronicle blogger Naomi Schaefer Riley for having the temerity to criticize the field of black studies ironically demonstrates the […]
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Now that the world of higher education’s twitter (or is that now tweeter?) over Elizabeth Warren’s keen sense of her own Cherokee-ness is dying down, the two leading monitors of academic fads have each recently found and amplified new interest in black studies. The Chronicle of Higher Education has recently published two pieces glorifying the […]
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From what has been revealed so far, it appears that Elizabeth Warren, Harvard law professor and likely Democratic candidate against Sen. Scott Brown in Massachusetts, gave herself status as a Native American in the past, which led Harvard and a leading legal directory to identify her as such, but recently she has claimed that she […]
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Get ready for a brand new defense of affirmative action that you’ve never heard before: preferences are necessary to assure selection by merit. How can that be? Simple. Just rework Claude Steele’s theory of stereotype threat–that minorities do less well on tests than their abilities warrant out of fear that their performance will confirm negative […]
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Inside Higher Ed reports this morning that the University of Texas has hired a big Los Angeles-based law firm, Latham and Watkins, to defend its race-based admission policy before the Supreme Court in Fisher v. University of Texas, which the Supreme Court will hear next fall. “The law firm, with extensive Supreme Court expertise, will […]
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“Diversity,” as everyone surely knows by now, is the sole remaining justification for racial preference in higher education allowed by the Supreme Court. Defenders seem to regard it as even more essential to a good education than books in the library or professors behind the podium. But a funny thing has been happening on the […]
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Inside Higher Ed reports this morning (April 9) about a new study of “holistic” admissions at selective institutions by Rachel Rubin, a doctoral student at the Harvard School of Education, that will be presented at the annual meeting of the American Educational Research Association later this week. Her study confirms, albeit reluctantly, what you already […]
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The Ninth Circuit Court of Appeals (I am tempted to say even the Ninth Circuit Court of Appeals) has once again recognized that treating people without regard to race does not violate the Fourteenth Amendment. In an opinion released April 2, a three-judge panel reaffirmed in no uncertain terms a 1997 Ninth Circuit decision holding […]
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“Top civil rights lawyer John Payton dies at 65; Obama calls him ‘champion of equality,’” the Washington Post reported a few days ago. Although Payton, 65, had been a prominent Washington lawyer and, after 2008, director-counsel and president of the NAACP Legal Defense & Education Fund, he is probably best known for arguing a case […]
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