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free trade & free markets general freedom national politics & policies

Quota Requirement Overturned

In 2018, Jerry Brown, then California governor, signed a bill requiring corporate boards to include a high percentage of women. 

Now a Los Angeles County Superior Court judge has determined that the state failed to show that “gender-based classification was necessary to boost California’s economy, improve opportunities for women in the workplace, and protect California taxpayers, public employees, pensions and retirees.”

No news yet on whether the state will appeal.

In 2018, Brown had conceded that the law was probably doomed to be judged unconstitutional. But he apparently regarded questions of legality or constitutionality as irrelevant.

“It’s high time corporate boards include the people who constitute more than half the ‘persons’ in America,” he burbled in his signing message.

Fines for disobedience were to be steep: $100,000 for initial violations, $300,000 for subsequent violations.

Of course, it is neither immoral nor a crime to choose a man instead of a woman for a post. Making specific hires criminal depending upon the complexion of a business’s other hires amounts to the politicization of everything, swapping the goals of business for the goals of ideologues. It is destructive of individual rights and the requirements of conducting business profitably to compel employers choosing personnel to be guided by any considerations other than relevant qualifications. Or by any assessment but their own.

Managers of all non-government organizations should be free to use their own best judgment in hiring and contracting, whether the work involved is that of clerk, CEO, or board member. 

This is Common Sense. I’m Paul Jacob.


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free trade & free markets national politics & policies

Why Lie?

Democratic presidential contender and U.S. Senator from California Kamala Harris leaned in to the big lie.

Debuting a new proposal to “close the gender pay gap,” she declared that, “In America today, women for the same work, for the equal work, on average make 80 cents on the dollar, black women make 61 cents on the dollar, Latinas make 53 cents on the dollar — and this has got to end.”

In fact, Harris emphasized the untruthy part of her statement; her numbers do not represent the “on average” difference in remuneration between the sexes (or races) for the “same” or “equal” work at all. Such a gap has been illegal since the Equal Pay Act of 1963. Harris’s figures are, instead, an average of salaries and wages for all the millions of diverse jobs held by women compared to that same average for all the millions of diverse jobs held by men. 

Men and women tend to make different choices. More women spend time outside the labor market, often laboring in family households without salaries as such. And they tend to choose less remunerative careers: different work.

Why pretend otherwise? Well, such grievance against perceived injustice can sure serve as a motivator . . . for voters that presidential candidate Harris desperately needs to attract. 

And what about her new policy? 

“Harris’s plan puts the responsibility on companies,” MSNBC talking head Stephanie Ruhle explained. “Any company who cannot prove that they pay women at the same rate as men is going to have to pay a fine.”

Is that how the system should work: if you cannot prove your innocence, you are guilty?

This is Common Sense. I’m Paul Jacob.


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Kamala Harris, statistics, pay gap, sexism,

Photo credit: Gage Skidmore

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ideological culture media and media people moral hazard

Sexism and Isn’tism

Is physics sexist against women?

Professor Alessandro Strumia, of Pisa University, argues to the contrary. At a presentation in Geneva, in front of mainly female physicists, Strumia offered evidence that showed, if anything, that it is men who are being discriminated against. 

Specifically, he compared male and female hirings to male and female scientific citations. Being cited for one’s work is the academic gold standard, the main test scientists have for quality of work. Strumia found a pattern of women being hired over men who had higher citations rates.

Now, Alessandro Strumia is not a social scientist, and this explanation — like any scientific work — is open to criticism.

But was scientific debate the notable reaction to his presentation?

No. He was “suspended with immediate effect” from his job at CERN, Europe’s premiere nuclear science research facility.

Some folks were obviously offended — perhaps most with his characterization of physics as having been “invented and built by men.” That is true but not directly relevant to the issue. His higher-ups at CERN called his statements “unacceptable,” and insisted, perhaps with a slight tone of panic, that the nuclear science research center “always strives to carry out its scientific mission in a peaceful and inclusive environment.” 

The outfit’s official statement did not mention Strumia’s name, but instead referred to “the scientist” and cited his talk for its “attacks on individuals.”

Really? Or merely an attack on an explanation that some individuals found . . . heretical?

Strumia himself offers the perfect characterization of the mini-scandal: “the truth does not matter, because it is part of a political battle coming from outside.”

Merely by suspending him and undertaking an “investigation,” has not CERN proved his point?  

This is Common Sense. I’m Paul Jacob.

 


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Illustration: The Large Hadron Collider/ATLAS at CERN

 

Categories
crime and punishment media and media people moral hazard national politics & policies

Not an Accusation

Brett Kavanaugh’s weekend confirmation as an Associate Justice of the U.S. Supreme Court, by a 50-48 Senate vote, didn’t settle the allegations of his past sexual conduct in a judicial manner.

Wild disagreement remains.

Many on the Left continue to believe our newest justice repeatedly lied under oath, having abused at least three women when in high school and college. Many on the Right will view all “three” of these female accusers as political players or pawns, who probably should be punished in some way for lying about such a fine man.

While I doubt we can know for certain about a number of the accusations, there should be less doubt on the exact number of accusations. Which were not three but only two.

“I cannot specifically say that he [Brett Kavanaugh] was one of the ones who assaulted me,” Julie Swetnick told NBC News. But she went on to offer a maybe, a could have, some might haves, an I don’t know . . . and more, none of which amounted to an accusation. What she offered was a chain of suppositions: “Because if Brett Kavanaugh was one of those people that did this to me, there is no way in the world that he should go scot-free on this and that he should be on the Supreme Court. . . . If he does, I, uh — there’s no justice in the world.”

As long as this sort of nonsense is treated seriously in the media and among partisans, there can, indeed, be no justice in the world.

This is Common Sense. I’m Paul Jacob.

 


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Categories
Accountability crime and punishment government transparency incumbents term limits

Power Abuse

At the core of sexual harassment and misconduct is an unchecked power dynamic permitting the abuse. No surprise, then, that our unaccountable Congress is rife with it. 

What to do?

Our sicko congressmen must immediately stop using taxpayer funds to provide “hush” money to keep their victims from telling their stories, as I argued at Townhall yesterday.

Mandatory anti-sexual harassment training for all congressional employees? Normal folks don’t need special training to avoid acting in despicable ways, and as far as protecting employees goes, such training seems to serve perpetrators more than victims.

One thing Congress won’t do in response? Slap term limits on themselves.

But term limits, in this as in other forms of corruption, would be very beneficial. 

First, they would mercifully limit the duration of any abuser’s reign. There is indeed some value here. 

But requiring rotation in office creates another critically helpful impact. The expectation that a creep congressman will continue to wield power plays a major role not only in the calculations of that abuser, but also sometimes in the calculus of the victim . . . especially regarding the fear of coming forward. 

And a limited time in power also has its affect on the thought processes of those around the congressmen, people who might be more likely to do the right thing in reporting misbehavior if they didn’t view their own advancement as so closely tied to the advancement of the member of Congress for whom they work. 

But remember, Congress won’t impose term limits on themselves. That’s our job. 

This is Common Sense. I’m Paul Jacob. 


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Categories
Accountability crime and punishment folly ideological culture moral hazard national politics & policies responsibility

Excepting Responsibility

Responsibility: demand it of others, expect it demanded of you.

So you might think that those who try to redress old grievances with compensatory (“reverse”) discrimination would be a bit more careful.

Yesterday I wrote about the bizarre Google Memo case, wherein an employee was fired for (basically) warning of a groupthink ideological monoculture at Google . . . thus proving him right.*

Last weekend I wrote about racial quotas in college entrance.

In both cases, there’s this idea that moderns in general and white males in particular must “accept responsibility” for the past.

And the evidence is undeniable: Our pale-faced ancestors — or more likely a very small percentage of other white people’s ancestors — held human beings in bondage. So, too, did almost all peoples around the world; slavery’s old. Here in these United States, after our bloodiest war, our forebears ended that ancient crime. Then there was another century of Jim Crow discrimination, with systemic violence committed against blacks in many areas of the country, often with government acquiescence or involvement.

Harvard and other educational institutions are trying to right those wrongs.

But there’s a problem: the principle behind their affirmative action schemes is lunatic: Each person of one race bears responsibility for the crimes committed by any person of that same race.

Far better is individual responsibility. Individuals have every right to compensation for any harm another has caused them, certainly. But folks have no right to create new harms against innocent people who happen merely to be of the same race or gender as those who have caused them past harm.

Justice is supposed to be blind, not crazy.

This is Common Sense. I’m Paul Jacob.

 

* The author, it is worth noting, addressed this monoculture in his title, “Google’s Ideological Echo Chamber.” I wonder if being proven right by one’s enemies compensates for job loss.


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