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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. Post Frequency: 13.8/day Last Entry: April 01, 2011 at 09:31:52 Recent Entries: 1158
\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)
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Business Schools And Discrimination: Do Numbers Matter?
Posted on March 31, 2010Inside Higher Ed reports today that the Haas School of Business at the University of California, Berkeley, has rejoined the Consortium, a group of businesses and business schools whose mission is to enhance diversity in business education and leadership by helping to reduce the serious underrepresentation of African Americans, Hispanic Americans and Native Americans in both our member schools? enrollments and the ranks of management...
What Are Race Preference Defenders Afraid Of?
Posted on March 31, 2010Facts, apparently. As Peter Schmidt reports today in the Chronicle of Higher Education, California trial judge in San Francisco has denied UCLA law prof Richard Sander and his colleagues access to California Bar Association data about bar passage rates, etc...
Merrill Lynch Subsidizes Racial Discrimination
Posted on March 31, 2010In research this post earlier today on The Consortium?s practice of racial preference in awarding grants to business school applicants I ran across this article celebrating Merrill Lynch?s gift of $1 Million to another organization with a similar name doing the same thing...
News From Higher Ed: Good Students Have Higher Graduation Rates Than Poor Students!
Posted on March 30, 2010Only in higher education would this be news, but Constance Brittain Bouchard, Distinguished Professor of Medieval History at the University of Akron, knows that many higher educationists don?t seem to know it, instead preferring to blame professors or structural racism of something other than student performance for poor graduation rates...
Is There A Civil Right To Light?
Posted on March 26, 2010If you?ve wondered whether there?s a civil right to light, or even if you haven?t, see the ADDENDUM to this post.
Great Diehl: A Harsh Indictment Of Obama In The Washington Post
Posted on March 25, 2010Jackson Diehl, Washington Post columnist and editorial board member, has an unusually harsh indictment of Obama today on Post Partisan, a Post blog, calling him ?ideological -- and vindictive.? Actually, that?s about the nicest thing he says about him...
Insurance As Public Utility? No, It?s Worse
Posted on March 25, 2010We?ve all seen many observations that Obamacare turns insurance companies into heavily regulated public utilities. Back in December, for example, Richard Epstein wrote in the Wall Street Journal that the Senate bill?s treatment of insurance companies ?turned the Reid bill into ?an essentially governmental program...
More Holistic Hokum
Posted on March 25, 2010?Leaders of the University of California,? the Chronicle of Higher Education reports today, have ?proposed revising admissions policies systemwide to increase the enrollment of minority students.? Leaving aside the question of whether it is legal to devise a policy for the purpose of admitting more minority students, the racialist assumptions underlying UC?s rationale for ?holistic? admissions is as unappealing as the racialist assumption of ?difference? underlying ?diversity...
Are Burned Whites Discriminatorily Burned By New Obamacare Tax?
Posted on March 25, 2010Charles Lipson, discriminating University of Chicago professor (he reads and links DISCRIMINATIONS), has pointed me to an interesting query that appears on the always useful TaxProf Blog: I [have] a question about the intersection of taxation and civil rights law...
Calling A Spade A Spade: Obama Lies
Posted on March 24, 2010All politicians veer away from the truth from time to time; they all embellish, obfuscate, prevaricate, etc., and Obama can do those things with the best of them ? in fact, with his teleprompter and the premeditation it requires, better than most. But I?m not talking about embellishment, obfuscation, etc...
Roger That
Posted on March 23, 2010In an excellent article on Minding the Campus, Roger Clegg asks, ?Shall We Rank Law Schools for Diversity?? No, he argues (well), and you will not be surprised to hear that I agree.
Yes, But What Kind Of Wind?
Posted on March 23, 2010Ariana Huffington huffs and puffs rapturously today that after their health care victory (excuse me, health insurance reform victory) the ?Dems Feel the Wind at Their Back.? I agree. I think that with that vote the Dems passed wind on all of us.
Deemocrats Drop Demon Pass But Put Cart Before Horse
Posted on March 21, 2010Later today the Deemocrats, having dropped Demon Pass out of some combination of fear and embarrassment, will vote to revise a bill they had not yet passed. I would say this is putting the cart before the horse, except that it?s not a horse: it?s an ass.
More Obama Racialism
Posted on March 20, 2010Over six months ago I noted some of the racialist provisions that were larded liberally throughout Obamacare, asking Is Your Health Care Culturally Competent and Does Your Health Care Suffer From Limited English Proficiency? On Minding the Campus yesterday John Leo adds more...
In Liu (sic) Of Post-Racialism II
Posted on March 18, 2010In the post immediately below I reposted the first of two old posts from several years ago about Goodwin Liu, the Berkeley law professor recently nominated by President Obama to the U.S. Court of Appeals for the Ninth Circuit. Here is Pluribus E Unum, the second one...
In Liu (sic) Of Post-Racialism I
Posted on March 18, 2010In a must-read post on NRO?s ?Bench Memos? yesterday, Ed Whelan reveals that Ninth Circuit nominee Gordon Liu supports ?racial quotas forever.? And, equally striking, he does so by quoting from from the transcript of remarks Liu delivered at an American Constitution Society convention that Liu, chairman of ACS?s board, claimed in material submitted to the Senate that he did not possess and presumably could not find, even though ?it?s the first item that popped up when [Whelan] did a Google search of the panel title...
Congratulations To Sharon Browne!
Posted on March 18, 2010Sharon Browne, attorney extraordinaire at the Pacific Legal Foundation, has been nominated to the Board of Directors of the Legal Services Corporation. See this post and the CORRECTION appended to this one.
A Pollyanna View Our Perky President
Posted on March 18, 2010Gail Collins, New York Times former editorial page editor and current columnist, disagrees with her colleague David Brooks? morose president-induced pessimism. ?I know Barack Obama?s first year has been rough,? she writes, ?but he still manages to be pretty perky...
And Now The Basketball Gap...
Posted on March 17, 2010The Chronicle of Higher Education reports this morning on a new study by The Institute for Diversity and Ethics in Sports (TIDES) (Don?t you just love that title?) that finds a continuing ? indeed, slightly growing ? racial gap in the graduation rates of white and black male NCAA Division I tournament-bound basketball players...
Geese, Ganders, And The Sauces Of Higher Education Anti-Discrimination Policies
Posted on March 17, 2010Is there anyone left in America (other than a recently arrived traveler or two from outer space) who believes that the Obama administration favors post-racial policies? If so, and if they?re able to read (which is doubtful), they should take a look at the brief the administration recently filed in the U...
Stupidity, Duplicity, Hypocrisy, and Backpedaling in Virginia
Posted on March 16, 2010Read about the wound (as in shot in foot) inflicted on Virginia Republicans by one of our newly elected Republican office holders? If not, or if you want to read more, read this. It may lose me some of my new conservative friends, who have until now warmly replaced my long-lost liberal friends.
?Reform? Of Education Reform
Posted on March 16, 2010Mark up Obama?s new education policy as another change in the ?Change!? promised during the campaign. Remember his call for universal access to college? We will prepare the next generation for success in college and the workforce, ensuring that ... any young person who works hard and desires a college education can access it...
Hubris Leading Deemocrats To Slaughter
Posted on March 14, 2010By now you?ve all heard of the ?Slaughter Solution? to the House Democrats? dilemma ? how to pass health care reform without actually having to vote for the Senate bill: House Rules Chairwoman Louise Slaughter is prepping to help usher the healthcare overhaul through the House and potentially avoid a direct vote on the Senate overhaul bill, the chairwoman said Tuesday...
Neighborhood-Based Admission To Selective High Schools?
Posted on March 10, 2010A reader, E, sent a link to this article about admission to the highly selective specialized high schools in New York (Stuyvesant, Bronx Science, etc.) by John Garvey, a former dean at the City University of New York. Garvey proposes a solution to the old problem of ?woefully small percentages of black and Hispanic students? at those highly selective schools based on the Texas 10 percent plan: The Department of Education should adopt a proportional admissions plan for the exam schools that would offer admission to the highest-scoring students from each of the neighborhoods of the city...
The Separation Of Race And State II
Posted on March 10, 2010Two days ago on NRO?s ?The Corner,? Mark Krikorian (Executive Director of the invaluable Center for Immigration Studies) invited us to send a message with our Census forms. Fully one-quarter of the space on this year?s form is taken up with questions of race and ethnicity, which are clearly illegitimate and none of the government?s business (despite the New York Times? assurances to the contrary on today?s editorial page)...
________ History Month
Posted on March 10, 2010February was Black History Month. Now it?s March, and March is Women?s History Month. Will someone tell me when is Southern Jewish History Month? I must have missed it last year. Also, a friend just gave me a copy of Nell Irvin Painter, The History of White People...
UPDATE!
Posted on March 09, 2010An major UPDATE II was added to Obama's New Anti-Civil Rights Civil Rights Policy today.
Distorted Education Priorities
Posted on March 08, 2010In the two posts immediately below (here and here) I discussed civil rights in the schools, arguing that the Obama administration fundamentally misunderstands civil rights. Because it didn?t fit the points I was making, I neglected to mention one of the most revealing, and most depressing, tidbits about the Dept...
If Schools Discriminate Against Blacks, Do They Discriminate In Favor Of Asians?
Posted on March 08, 2010In the post immediately below I discussed the Obama Dept. of Education?s view that lower minority graduation rates and lower participation in advanced placement courses, etc., reflect a pervasive problem of civil rights violations in our nation?s schools...
Obama's New Anti-Civil Rights Civil Rights Policy
Posted on March 08, 2010Yesterday, in Does Obama?s ?Stimulus? Discriminate Against Minorities? (yes, according to the administration?s definition of discrimination), I noted (referencing this earlier post) that the liberal solution to ?structural inequalities? is to regard ?all employment policies or practices ...
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