“Disparate Impact” Revived?
The Supreme Court has just decided a case dealing with age discrimination that could have a greater impact in race discrimination than the Michigan affirmative action cases. As USA Today reported today, Older workers can sue over pay or benefit plans that favor younger employees, even if no evidence of deliberate age discrimination exists, the […]
Nature, Nurture, Whatever
I have written before about my long involvement in EEOC v. Sears, one of the largest sex discrimination cases ever tried (Find the heading about a quarter way into this long post), and more recently, as a result that “[f]or me, the Summers debate is déjà vu all over again.” This point was just driven […]
It Depends On What The Definition Of Math Is…
It appears as though folks out in Iowa — or at least in what a correspondent of mine calls “The People’s Republic of Johnson County,” where the University of Iowa is located — define math and possibly science in a different way from the rest of us. Consider, for example, this interesting article from today’s […]
Diversity? Who Needs It?
By now you’ve all heard of the new study, reported here, finding — Gasp! — that college faculties tilt so far to the left that they’re almost horizontal: 72% of all full-time faculty members, and 87% at “elite” universities, identify themselves as liberal. What I found most interesting was not the dog-bites-man quality of this […]
Conservatives, Liberals, Inconsistency, And Judicial Supremacy
A good friend recently wrote: You must be enjoying the Schiavo festivities. Those true principled states rights advocates must be spinning in their graves. The President flies back to DC so he can ceremonially take an issue out of the hands of the state courts and give it to the feds. I think this is […]
Racial Discrimination In Financial Aid
A short while ago I asked whether the University of Virginia was a “racial scofflaw” for giving race-based financial aid. One of the questions there was whether the ostensibly private source of the aid provided enough of a fig leaf to protect the University from legal challenge. Maybe not, suggests a new report from the […]
Popular Opinion On Affirmative Action?
Writing in the Washington Post today (“It’s The Law, Not The Judge”), Jeffrey Rosen writes that Mark Tushnet of Georgetown University Law Center argues in a …convincing new book, “A Court Divided” [that] the Rehnquist court has actually supported the views of a narrow majority of the American people, rather than thwarting them, in all […]
Stigma?
“Affirmative action is a blessing and a curse,” said Grand Valley State University [Michigan] sophomore Vivian Kendall. We do get to go to school, but people don
Equal Protection Or Preferential Treatment?
I have argued here a number of times that the experience of watching the civil rights movment abandon colorblind equal protection in favor of racial preference not long after the colorblind standard was enacted into law in the 1964 Civil Rights Act has stiffened the resistance to what are now demands for equal rights for […]
More On Michigan’s Practice Of Affirmative Action
Chetly Zarko, who has already made a nice contribution here today, has posted on his own blog some persuasive evidence that the University of Michigan padded its short list of presidential candidates with the names of minorities and women in whom it had no serious interest just to make its affirmative action numbers look good. […]
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