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education and schooling ideological culture

Diversity versus Merit

Northwestern University is being sued for “consciously discriminating” in favor of women and racial minorities at the expense of obviously better qualified candidates.

The suit is brought by a group of white male professors that does not include Eugene Volokh, one of its examples of applicants summarily ignored under the alleged hiring practices.

“Northwestern University School of Law refuses,” the plaintiff’s complaint reads, “to even consider hiring white male faculty candidates with stellar credentials, while it eagerly hires candidates with mediocre and undistinguished records.…

“Professor Volokh’s candidacy was never even presented to the Northwestern faculty for a vote, while candidates with mediocre and undistinguished records were interviewed and received offers because of their preferred demographic characteristics.”

One of those with the requisite demographic characteristics is Destiny Peery, a black woman who graduated near the bottom of her class at Northwestern Law School.

The suit alleges that Dan Rodriguez, the dean in 2014, the year she was hired, threatened to penalize faculty members who voted against her. She would “never even have been considered” for the appointment but for her sex and race.

Rodriguez also ordered the faculty to abstain from discussing candidates on the faculty listserv and mentioned the risk of litigation as his reason for the ban. In other words, this administrator knew that his policy was illegal and sought to cover it up.

Now the feared lawsuit has arrived, brought against Northwestern by Faculty, Alumni, and Students Opposed to Racial Preferences (FASORP).

Wobbly acronym, sure, but Federal law is clear in outlawing hiring discrimination based on race or sex.

This is Common Sense. I’m Paul Jacob.


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education and schooling general freedom ideological culture

Nondiscrimination as Discriminatory 

Two parts gall, three parts random irrationality; eye of newt, toe of frog. 

That’s how you cook up the latest leftist madness.

According to the wizards running Columbia University, deliberately race-​neutral policies are discriminatory if they have a “disproportionate impact.”

Columbia has updated its antidiscrimination policy about bad things you can do on campus that might get you investigated and sanctioned. The revised policy declares that one bad thing is “having a neutral policy or practice that has a disproportionate and unjustified adverse impact on actual and/​or perceived members or associates of one Protected Class more than others.” 

This, the policy asserts, “constitutes Discrimination” — with a capital D.

Those “protected classes” make up a formidable list. If the idea is that treating another person abusively subjects one to penalties, why not just say this? Then no groups need be listed.

But Columbia University seems to find focusing on discriminatory nondiscrimination a more productive way to spend its time than coping with unambiguous racial and ethnic hatred on campus.

Columbia is among the schools that has responded to vicious harassment of Jewish students with little more than pro forma protest. Even as a Columbia representative tells USA Today that “calls for violence have no place at Columbia,” anti-​Israel and anti-​Jewish students keep calling for violence. Will they be kicked out?

Eliana Goldin, a Jewish student at the school, says that the administration is well aware of “the credible threat to Jewish students, and they’re still playing both-sideism.”

Which strikes me as Discrimination with a Capital D.

This is Common Sense. I’m Paul Jacob.


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ideological culture national politics & policies regulation

DEI Virally Decoded

Is “Didn’t Earn It” — the latest scam-​decoding translation of officialdom’s acronymic jargon for race-​conscious and gender-​conscious affirmative-​action policies, DEI — really catching on?

If so, maybe we’ll get back all the sooner to sanity. 

That is, in universities, workplaces, and other hunting grounds of the DEI dictators who have inherited the mantle of reverse discrimination first inflicted on Americans via the affirmative-​action quota policies of the 1970s.

John Tierney suggests that the popularizers of the apt “Didn’t Earn It” meme may well help rid us of “today’s most egregiously indefensible phrase: ‘Diversity, Equity and Inclusion.’”

These woozy words are supposed to divert our attention from what DEI policies really mean: systematic discrimination against academic, professional, and other merit in favor of typically irrelevant physical characteristics like skin color and gender.

DEI discrimination is being imposed on ever more of our institutions, even at the cost of risking our lives. If unqualified applicants are being admitted into UCLA Medical School in order to appease the arbiters of DEI, then failing basic tests of medical knowledge after they get in — what happens if and when they start treating patients?

A single telling phrase (Tierney credits journalist Ian Cheong and cartoonist Scott Adams) can’t shoulder the whole burden of stopping DEI. True enough.

Fortunately, it’s got help. 

In Congress, Republicans have introduced legislation to shut down DEI offices and forbid federal contractors from imposing the ugly indoctrination of DEI training and DEI statements.

We can all pitch in.

This is Common Sense. I’m Paul Jacob.


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crime and punishment First Amendment rights general freedom regulation

Criminal Discrimination?

It’s okay.

You don’t have to associate with criminals. You don’t have to employ them and worry how they’ll act on the job. It’s not your duty to give criminals or persons with a criminal record access to your life or property and hope for the best.

If only we could leave it at that. 

That’s not our world though. In our world, our government, working hard to rip America apart in every way possible, is suing the Sheetz chain of convenience stores because it doesn’t hire applicants with a criminal record.

The “problem” is that too many such failed applicants are nonwhite.

The Equal Employment Opportunity Commission accuses Sheetz of “disproportionately screening out Black, Native American/​Alaska Native and multiracial applicants.” The agency babbles that “employment practices causing a disparate impact because of race or other protected classifications must be shown by the employer to be necessary to ensure the safe and efficient performance of the particular jobs at issue.”

Of course, the “disparate impact” exists not because of these classifications but because the denied applicants have criminal records. Sheetz didn’t decline these applicants because of their skin colors.

Nevertheless, Sheetz is supposed to have somehow “shown” that refusing to hire applicants with criminal records reduces Sheetz’s own risks and the risks for customers.

Elon Musk, commenting on this story, has it right: “You know The Joker is running things when the law-​abiding are being prosecuted by the government for not hiring criminals!”

These days Uncle Sam and The Joker do look alarmingly similar.

This is Common Sense. I’m Paul Jacob.


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ideological culture subsidy

Race-​Based Handouts?

The decision won’t be the end of the matter, but it’s a good sign.

U.S. District Judge Mark Pittman has ruled that a federal agency established to give subsidies to businesses, in its current form called the Minority Business Development Agency, may no longer use race or ethnicity as a criterion for distributing benefits.

The ruling comes in response to a lawsuit filed by the Wisconsin Institute for Law & Liberty on behalf of three business owners who weren’t allowed to apply for help from the MBDA because they’re white. The plaintiffs argue that the Agency violates the constitutional requirement of equal treatment under the law.

According to Judge Pittman, although “the Agency may intend to serve listed groups, not punish unlisted groups, the very design of its presumption punishes those who are not presumptively entitled to MBDA benefits.”

Supporting rights-​based governance, I’m no fan of any welfare programs. As long as we have them, though, why should the handouts or the ability to apply for them be determined by race?

Government-​imposed racial discrimination is unjust on its face. It should be extirpated wherever it exists. The Minority Business Development Agency is one of those places.

If Pittman’s ruling is allowed to stand, it may have a salutary effect on many other agencies and programs. 

The MBDA’s name presents a problem, however. 

I guess it won’t be too hard to remove the word “Minority” and call the agency the Business Development Agency. 

Or just shut it down.

This is Common Sense. I’m Paul Jacob.


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free trade & free markets political economy subsidy

When the CHIPS Are Weighed Down

Has DEI “killed the CHIPS Act”?

The CHIPS and Science Act of 2022 created a giant package of subsidies that shouldn’t exist to begin with and is made even worse by all the strings attached.

The Act authorizes giving $52 billion of taxpayer money to microchip manufacturers to make chips in the U.S. The boost to domestic production will supposedly help us if China invades Taiwan and disrupts Taiwan’s globe-​leading microchip industry.

But chipmakers eligible for the largesse are recoiling from all the embedded DEI mandates. “DEI” means “diversity, equity, and inclusion.” It’s a collectivist mantra and ideology designed to make employers fret about racial and gender quotas and DEI indoctrination at the expense of hiring qualified people and making high-​quality microchips.

According to Matt Cole and Chris Nicholson, writing for The Hill, nineteen sections of the Act are devoted to DEI. One gives the Department of Commerce a mission that Commerce describes as “strengthening the U.S. semiconductor ecosystem” by ensuring “significant investments to create opportunities for Americans from historically underserved communities.”

The authors believe that CHIPS is “so loaded with DEI pork that it can’t move.” Worse, it’s making it hard for chipmakers to move, forced to focus away from making microchips and, instead, onto the wasteful exercise of appeasing regulators.

Now that they are finally about to get CHIPS funding, Intel and others are delaying announced factories and foundries on U.S. sites and instead going ahead with more overseas plants.

I guess they want to get stuff done.

This is Common Sense. I’m Paul Jacob.


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crime and punishment ideological culture

Crime: Police or Re-define?

Can crime be defined out of existence?

“Attorney Ben Crump proposed a solution to the issue of high crime that is plaguing the black community,” YouTube commentator Anthony Brian Logan reports on a story that an aging white fellow like myself was not apt to spot. “He said it is easy to identify criminals if laws that target specific groups of people are created. Crump brought up Eric Garner, who lost his life after struggling with police outside of a store when he was accused of selling loose cigarettes.”

Crump says crimes have been defined into existence targeting black communities.

Mr. Logan urges us to understand the context for Crump’s theorizing: the African-​American lawyer “was speaking to a group of black men for an MSNBC special called ‘Black Men in America, Road To 2024.’ The purpose of the special is to rein black men back in and stop them from straying away from the Democratic Party.”

Logan is skeptical that this sort of half-​cleverness is going to cut it with black men, who in increasing numbers are bolting from the ranks of the party created by Martin Van Buren. 

Many of us, of all colors, were extremely sympathetic to Eric Garner, who died at the hands of New York City police trying to block Garner’s unlicensed entrepreneurial effort enabled by high taxes on cigarettes. Yet, the real problem with Crump’s notion is that the worst crime in black neighborhoods is rampant theft and violence, the kind of activity that common sense dictates as criminal no matter who legislates, or why.

Defining crime into existence is not the current cause of increased black crime, Logan says, it’s decreased policing and punishment.

Crump’s argument, counters Anthony Brian Logan point blank, “is stupid.”

This is Common Sense. I’m Paul Jacob.


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education and schooling ideological culture scandal

The “Racial Animus” Gambit

Among the deflections littering former Harvard President Claudine Gay’s resignation letter is the claim that major criticisms of her conduct are “fueled by racial animus.”

The controversies have made Gay, a black woman, very visible. She may have been subjected to racial attacks in emails or on somebody’s blog. I haven’t seen reports of such. It’s possible.

But her letter makes it seem as if she feels all of it, all the criticisms of her understanding of policies regarding the treatment of Jews on campus and criticisms of her own treatment of the words of others in her published work, were “fueled by racial animus.”

If only blacks alone were ever charged with ambiguity about antisemitism or committing plagiarism, the implication might be at least superficially plausible. 

But it’s not.

Yesterday, I discussed the considerations that properly affect campus speech policies (“The Resignation”).

Here let me note, first, that scholars of all hues and sexes have been plausibly accused of plagiarism. Example: historian Doris Kearns Goodwin, white woman. Male example: Steven Ambrose.

And, second, that Harvard’s backing and filling and own animus in response to documented charges of plagiarism have converted the matter from a problem mostly for Claudine Gay personally to a problem for Harvard as an institution. By violating its own policies for dealing with the charges and by attacking the messenger, Harvard seemed to be saying that standards of scholarship like “Don’t plagiarize” don’t matter.

But they do.

This is Common Sense. I’m Paul Jacob.


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A Great Big “Request”

“You are witnessing the rise of an American demagogue,” said Van Jones.

He was not referring to himself.

The CNN talking head was reacting to something Vivek Ramaswamy said during the last Republican presidential candidates’ forum — another one lacking the main candidate, the overwhelming favorite Donald Trump.

Van Jones, who is African-​American, called Vivek, who is Indian-​American, “a very, very despicable person.”

At issue is something the Republican candidate discussed: “Great Replacement Theory,” which is the notion that politicians and other insiders are using a variety of means to discourage white people from having babies while encouraging brown people to have babies … and for non-​Europeans to come into the country both legally and illegally. The idea is that with a white minority in America, a different (or same-​old/​same-​old?) politics will emerge (solidify). 

The theory is plenty controversial, in no small part because a few racists have listed it as an excuse to “justify” mass shootings.

But also controversial? It looks like it is more than a theory, it is a plan.

Vivek pointed this out in a tweet. He produced a video from two years ago in which Van Jones himself outlined the “theory” as a strategy: “The request from the racial justice left: we want the white majority to go from being a majority to being a minority and like it. That’s a tough request, and change is hard.”

Yet Jones regards this “request” as something it would be demagogic — even racist — to refuse.

Jones’s leftism does not look like “racial justice” so much as a racial vendetta.

This is Common Sense. I’m Paul Jacob.


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Amber Ebony Insanity

Paul McCartney and Stevie Wonder had a dream that ebony and ivory would live together in perfect harmony, like the keys on a piano keyboard. If the keyboard can do it, “oh Lord, why don’t we?”

Agreed, let’s do that. But not everybody wants to. And out in California, it is once again being confirmed that history is not a steady march into the light. Sometimes we retreat, and in the silliest ways.

The state has just instituted an amber alert system exclusively for missing black kids called ebony alert. The reason, according to the state senator behind the legislation, Steven Bradford, is that “Our black children and young women are disproportionately represented on the lists of missing persons. This is heartbreaking.…”

How will an ebony alert address this in ways an amber alert does not? Will black kids no longer be kidnapped or be more easily found if only there’s a racially divided alert system?

There’s no rhyme or reason. The reporting details how many black kids went missing in 2022, the percentage of missing persons who are black, etc. But it’s all a non sequitur. There’s no explanation of how having an ebony alert will, by itself, provide even one additional benefit. 

If the amber alert currently functions imperfectly and might be improved, this can obviously be done without resorting to racial segregation.

Sen. Bradford says: “Something is better than nothing.”

Senator, that’s true only when the “something” makes sense.

This is Common Sense. I’m Paul Jacob.


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