July 3, 2024

A new front in the battle against affirmative action?

I'm reading "Lawsuit: Northwestern’s law school is biased against White men in hiring/The complaint alleges that the private university’s law school gives hiring preference to 'mediocre' women and applicants of color" (WaPo).
A lawsuit filed Tuesday against Northwestern University opened a new front in the battle against affirmative action....

“For decades, left-wing faculty and administrators have been thumbing their noses at federal anti-discrimination statutes,” contends the suit, which was filed Tuesday in federal district court in Illinois. “They do this by hiring women and racial minorities with mediocre and undistinguished records over white men who have better credentials, better scholarship, and better teaching ability.”...

The suit names three White men it says were not hired despite strong qualifications, and names four Black women and one Black man who it alleges were offered faculty positions because of their race and/or gender, painting several of these academics in harshly unflattering terms.

This sounds not new but old to me, because I remember when the University of Wisconsin Law School was sued in exactly this way. The case went to trial, and I testified, because I'd served on the Appointments Committee. This was many years ago, and the jury found in our favor. It's very difficult to look at particular individuals who were hired and compare them to individuals who were not hired. This was decades ago, and the relevant case law has evolved since then.

Eugene Volokh is not one of the plaintiffs in the new lawsuit, but the complaint contains allegations about him.
In an email, Volokh said he did speak with some people at Northwestern about the possibility of joining the faculty but “nothing ended up coming of it.” 
“But that ends up happening often in such situations, for a wide range of reasons, and I don’t know exactly what the actual reasons here were,” he added. “It will be interesting to see what, if anything, this lawsuit uncovers. But on that, I’ll be a spectator just like everyone else.”

102 comments:

Yancey Ward said...

What is the percentage of white men on the faculty at Northwestern Law School vs their percentage in the country's population and in the pool of white men looking for positions in law schools? Should be an easy disparate impact argument to make, if it can be made.

Of course, I know disparate impact only works in one direction the lawsuit should make the obvious case even if it sure to fail because it is "impossible" to discriminate against white guys since they run everything everywhere.

tcrosse said...

What if one of the White Men were to identify as a woman?

gilbar said...

can't WE ALL AGREE? that men are Scum.. And white men are THE SCUMMIEST???
NOONE should be forced to hire a scummy white man (WITH A PENIS! not a proper man with a front hole!) just because that scummy white man HAPPENS to be the most qualified!!

do YOU Want YOUR CHILDREN to live,
in a nation where they will not be judged by the color of their skin but by the content of their character?

OF COURSE YOU DON'T!
DON'T BE A RACIST!! Hire people BECAUSE of their skin color!!
DON'T BE A SEXIST!! Hire people BECAUSE of their gender!!

RideSpaceMountain said...

"What if one of the White Men were to identify as a woman?"

Or the transracial. I identify as a 19yo inner-city black kid myself for dem programs, word?

Joe Smith said...

"It's very difficult to look at particular individuals who were hired and compare them to individuals who were not hired."

Not sure when you testified, but there is almost always a paper (email) trail.

And if the plaintiffs can gain access to insider deliberations it would be revealing.

White men have virtually no chance in day-to-day business in general, and academia in particular.

Even Liz Warren knew that white women weren't desirable.

Enigma said...

Affirmative Action hiring biases began with ideology a generation before that. Certainly by the 1960s, universities were passing over qualified candidates who opposed LBJ's Great Society, those in favor of the Vietnam war, etc. Research of race-by-IQ was a mainstream education and job placement topic until the 1970s (it is still central for the US military). The notion of IQ was fiercely criticized and researchers were demonized until many bleak findings were confirmed in the 1990s, and then they stopped talking about it.

University AA promotion biases became transparent and absurd after Jordan Peterson (2016), Oberlin College (2016), Evergreen State College (2017), and George Floyd (2020). See Harvard's rapidly demoted President Gay (2023). So, there may be hope for changing recent (and flagrantly illegal on the face) AA practices.

Ice Nine said...

Anyone else ever wonder why so much of the really egregious lefty bullshit recently going down in the generally lefty rife universities comes out of their law schools?

Dave Begley said...

Same deal with SCOTUS nominees.

Clarence Thomas was Alpha Sigma Nu at the College of the Holy Cross. That's the Jesuit college equivalent to Phi Beta Kappa. Yale Law School. Success on the Circuit Court. But he was slimed as an "idiot" during confirmation hearings e.g. nominated only because he was a Black conservative. But his record on the Court has been stellar.

Compare Thomas to KBJ and SS. They are really not qualified. Not smart at all. KBJ can't even define what a woman is. Kagen, however, is qualified. Same for ACB.

The problem now is that women who do get hired as law profs have a stigma of not being qualified unless they prove otherwise.

At UNL Law the Dean hired a recent grad as an instructor. She's a Jacobin on trans issues and she wrote the single worst law review article I have ever read. She asserted that there was proof that men and women have the same athletic ability.

Creighton Law hired the wife of the new Dean. A two-fer. She's a radical. Don't know about her scholarship and teaching ability.

The Academy is lost. Racist. Biased. Just not that smart.

Dave Begley said...

The single best law professor at Creighton Law was Ron Volkmer. Stellar career at Creighton Law. I think he was first in his class. He was the first Editor-in-Chief of the Creighton Law Review. LLM from the University of Illinois in property.

The other first year property teacher had an LLM or maybe a JD from Harvard Law. Terrible teacher and no scholar.

Both white men. One great. One mediocre.

I can't begin to tell you how influential Ron Volkmer was on Creighton Law students over the decades. Legend.

Two-eyed Jack said...

In the corporate world, lowering the proportion of white males is an explicit goal, laid out in annual diversity reports celebrating each incremental reduction.

Original Mike said...

"It's very difficult to look at particular individuals who were hired and compare them to individuals who were not hired. "

I don't know about Law, but in the sciences it's not that difficult.

Left Bank of the Charles said...

To paraphrase the recent Supreme Court case on gerrymandering, it’s ok to discriminate against white men for being conservatives.

Michael K said...

The advent of DEI levels of Affirmative Action introduces the decline of America and the coming end of the success of free markets. Education is already useless and Boeing is showing the way for big industry.

Aggie said...

What began as a high-minded experiment to right historical wrongs, has evolved into a complex reward system. Its historical purpose has been left in the dust. The institutionalized complexity of the system ensures that it will endure with its preference of spoils, and the scale ranges from Enthusiasm to Indifference when it comes to their award. But to normal people it's obvious: Racism can only die if life isn't constantly being breathed into it with new systematic racial or sexual inequity being imposed on otherwise open merit-based marketplaces.

Big Mike said...

Althouse conveniently forgets that affirmative action was sold to the public as a temporary expedient all the way back in the mid-1960s, to even the playing field for black men and women who had been relegated to second and third tier colleges by discrimination during the era of Jim Crow. Sixty years is long enough. End it. End it now.

RCOCEAN II said...

Jews should not be counted as whites, but instead should be their own separate category. The same is true for Arabs. Then we should look if law schools "Look like America" and if they don't - make sure they do.

Why people accepted this weird situation whereby we use meritoracy when it hurts white Christians, and use "it must look like America" when it hurts white Christians is beyond me.

You can make the case most white christians don't want to bother their pretty little heads about being doctors, lawyers, or engineers, etc. Y'know they just wanna grill and watch Football. So, maybe they dont care about discrimination.

Static Ping said...

Given that hiring decisions are open to legal action, I would think that if there is no paper trail behind the decision-making process, that would indicate that either the hirer is intentionally trying to hide the decision-making process or the hirer does not have a proper procedure for hiring. Either scenario is damning, though for different reasons.

There is also the question of how close a call it is. If you have a half dozen candidates of the same general qualifications, yes, of course, the decision is going to be somewhat subjective. If you have five highly qualified candidates and someone of dubious qualifications who happens to mark a check box and you hire the check box, I don't think that's really arguable as a logical decision unless you have a documented justification for it. To me, the burden of proof is on the hirer to justify their hiring decisions.

Ann, I am sure you were honest in your hiring recommendations, but the higher education system has changed quite a bit even since you retired. Merit is not the priority. I'm not sure where it ranks on the priority level, but I doubt it is in the top 5, perhaps not the top 10.

gilbar said...

Our Professor says..
It's very difficult to look at particular individuals who were hired and compare them to individuals who were not hired.

is it? is it INDEED?
i GUESS it is.. IF the person Not hired was a white male (with a penis)..
Now talk to us about Black Women.. Would it be "very difficult to look at particular individuals who were hired and compare them to individuals who were not hired", if the people NOT hired were Black Lesbians?

mikee said...

I have zero experience with law school professors. But I experienced the excellence of extremely quaified, merit-hired female academic physicians back in the 1990s at Emory U. and Johns Hopkins. There is a world of difference between a person chosen for their race, gender, etc., to fill a teaching position, and one who earned their position through personal merit. These women were pillars of their institutions. Perhaps law schools could learn something from such an example of merit hiring.

Richard Dolan said...

"It's very difficult to look at particular individuals who were hired and compare them to individuals who were not hired."

Yes, and true in most discrimination cases. Absent clear evidence of bias, they are hard to win.

rhhardin said...

Women aren't very good, is the problem. After a while it shows up.

Rocco said...

Our Professor says..
"It's very difficult to look at particular individuals who were hired and compare them to individuals who were not hired."

gilbar said...
"is it? is it INDEED?
i GUESS it is.. IF the person Not hired was a white male (with a penis)..
Now talk to us about Black Women.. Would it be '
very difficult to look at particular individuals who were hired and compare them to individuals who were not hired', if the people NOT hired were Black Lesbians?"

What if the Black Lesbians had a penis? What if it was white?

n.n said...

Diversity: color judgment, class bigotry. DEI: affirmative discrimination is codified in black letter in jurisdictions that are in abeyance of civil rights under The Constitution.

tim maguire said...

This would be a very hard case to win for the reason you cite--absent a smoking gun email or document, it's basically impossible to look at a particular hiring decision and say it was motivated by race or gender.

You can show statistically that something fishy is going on, but that's probably not going to win you a lawsuit.

Lucien said...

Affirmative Action is when you have an overt policy of discrimination based on race, gender, queerness, etc. When you pretend to be hiring based on merit, but covertly discriminate, that’s something else. I thought one point of requiring “diversity statements” was to use them as a fig leaf for discrimination (& also to enforce ideological conformity)

n.n said...

Diversity (e.g. racism, sexism) : hoisted with their own petard.

Freder Frederson said...

I wish someone (even the plaintiffs, but apparently not you either) would go to the Northwestern University Law School website to see how ridiculous this lawsuit is. The vast majority of instructors are white. Maybe white women are getting close to equity, but pretty much half of recent law school graduates are women, so you would expect that would extend to law school faculty. There appear to be just as many faculty of Asian descent (if not more) than there are African Americans, and maybe I missed one or two but it appears that there is only one Black male professor.

Yancey Ward said...

Freder,

I just went to the website under faculty profile, Freder, and can't quite determine exactly how you determined the "vast majority of the instructors are white". Care to explain, or will you vanish again?

effinayright said...


"You can make the case most white christians don't want to bother their pretty little heads about being doctors, lawyers, or engineers, etc. Y'know they just wanna grill and watch Football. So, maybe they dont care about discrimination."
***************
There he goes again..... flinging snot at Americans he thinks are beneath contempt.

One wonders where RCOCEAN II gets his haughty sense of superiority. He offers nothing exceptional here.

It's easy to see him sniffing into a perfumed hanky when he's reduced to riding on the subway. But a bus? The horror. THE HORROR!

Caroline said...

The democratical campaign would look verrry different right now had Biden not opted for an affirmative action hire for veep.

Joe Smith said...

'Affirmative Action is when you have an overt policy of discrimination based on race, gender, queerness, etc.'

Not sure about academia, but most Fortune 500 companies have explicit DEI statements on their websites and in their annual reports.

They're proud of it, not hiding it...

Yancey Ward said...

And I am also curious, Freder, how you determined there might be only one black guy on the faculty? Were you looking for the DeQuans and LaTishas in the listed names?

Freder Frederson said...

And I am also curious, Freder, how you determined there might be only one black guy on the faculty? Were you looking for the DeQuans and LaTishas in the listed names?

Because I looked at their profiles, for which the vast majority have a photograph.

Freder Frederson said...

I just went to the website under faculty profile, Freder, and can't quite determine exactly how you determined the "vast majority of the instructors are white". Care to explain, or will you vanish again?

You have to click on each individual faculty member. That is what the lines under the names means, dumbass. It takes you to their individual C.V.'s, photos and expertise.

n.n said...

Gender: big boobs for the win, wide hips are fit, heterosexual is sustainable. Penis envy is disordered.

Yancey Ward said...

So you went through all the faculty, Freder? I am asking because I am about to follow your suggestion.

Enigma said...

@Freder Frederson: I wish someone (even the plaintiffs, but apparently not you either) would go to the Northwestern University Law School website to see how ridiculous this lawsuit is. The vast majority of instructors are white.

They may still be highly discriminatory against White males. For a discrimination lawsuit one must check the baseline numbers of (a1) all law school graduates nationally, (a2) the racial/gender composition of top-tier competitive law school graduates, and (b) the regional racial composition.

The upper Midwest was historically a very White region, but now has increasing Hispanic and Asian Indian populations. Still, it could well be that Whites comprise 90%+ of candidates qualified for the available law school jobs. It could be that White females have been given an unfair advantages to game the school's "diversity" numbers. This was a routine practice in the recent past -- hire a few White wives, nieces, and daughters to say "we are diverse." Organizations that filter candidates through merit/mastery tests such as law and medical licenses simply cannot recruit or hire immigrants with elementary school educations.

To learn the arcane logic of racism and sexism statistical sausage making by the federal government, see the EEOC MD-715:

https://www.eeoc.gov/federal-sector/management-directive/instructions-federal-agencies-eeo-md-715

https://www.eeoc.gov/federal-sector/management-directive/instructions-federal-agencies-eeo-md-715-0

n.n said...

black guy

#AntiNoJudgment #AntiNoLabels. All's fair in lust and abortion?

African, Indian, American? Russian? French, perhaps. Diversity of individuals, minority of one.

n.n said...

Critical Racists' Theory

Yancey Ward said...

Ok, Freder- I will concede (I stopped in the Ns) that a majority of the faculty is white or seriously white adjacent, split almost evenly between men and women. Most of the men, however, are on the downside of life (clearly over the age of 60- many of whom are emeritus status). However, I do also now know you didn't bother to click for the photos as I easily identified 10+ faculty who are black and a couple of others that could be Doleazals for all I know.

Narayanan said...

What if the Black Lesbians had a penis? What if it was white?
=============
are hiring interviews "show and tell"

n.n said...

Women aren't very good, is the problem

Women, no. However, Michelle is a top doctor in her field, Judith is an extraordinary scientist, Ann was an admirable professor, Rita is a great accountant, Kayleigh was an unparalleled spokeswoman, etc. Moms have the hardest job you will ever love.

KellyM said...

@effinayright at 12:58pm:

I think RCOCEAN II made your quoted portion of his original comment with his tongue planted firmly in cheek. At least I read it as those at Northwestern in charge of hiring were the ones who were “flinging snot” at Americans (mostly white Christians) whom they characterized as beer-swilling idiots who were beneath contempt. I may be wrong.

@RCOCEAN II: +1 on your post.

MadisonMan said...

Back in the mid-80s, when Dad was a Dept Head, he would tell me his life would be easier if he could find a black female veteran for an open professor position.
Left un-answered then and now, because it's un-answerable: What is the "correct" balance of race and gender, and what should that balance reflect?

Original Mike said...

I was on the Admissions Committee in the 90s and 2000s. We yearned for minority candidates. The idea that they were discriminated against is proposterous.

JK Brown said...

I remember a comment section that got on lower schools hiring Harvard and other Ivy PhDs. One commenter chimed in about how his professors in his PhD program were all from the Ivies. To which I observed that apparently his school did not consider their own graduates up to standards for faculty positions at the school.

And so many unemployed PhDs can't seem to grasp this fact. Their schools wouldn't even hire graduates from that school.

Maynard said...

@Althouse

I am curious as to how the UW Appointment Committee rated applicants.

At the U of Illinois Psychology Dept,, it was purely objective (in the 1970's and 80's) based on their research record and letters of recommendation. They were eager to find qualified Black applicants and surprisingly rejected two (that I am aware of) who had very little research experience.

Things have since changed, as criticism for having only one Black Professor increased. In those days liberals were not horrified if there no qualified Black or Hispanic applicants. They were upset that bigger name schools almost always had first shot at highly qualified minorities.

Heartless Aztec said...

After 71 years on earth I find myself as a racist with my default setting turned to Asian. When I find I have an Asian Doctor, Asian Lawyer, Asian airline pilot, Asian Dentist or Asian Accountant I feel better about the probabilities and out comes.

Kevin said...

It's very difficult to look at particular individuals who were hired and compare them to individuals who were not hired.

This doesn't seem to be a problem when the plaintiffs are women and people of color...

We can't have it both ways.

n.n said...

Affirmative action was intended to narrow the opportunity gap, not the gender gap (e.g. thighs).

How many albinos are on the staff? In a progressive climate of albinophobia, their diversity suffering from past affirmative action, Rainbow symbols and rhetoric are an intolerable hate crime targeting a minority.

We can't have it both ways.

Yes, they can abort the baby, cannibalize her profitable parts, sequester her carbon, and have her, too. #BLM

Saint Croix said...

I hate the insanity of people screwing up our grammar rules because they think race is the most important thing in the world.

You're not black, you're Black, according to the AP style guide, and they send that shit out to all the media outlets. That's why the entire media went from "black" to "Black" several years ago. If you thought it was weird that it happened overnight, well, AP style guide. (The same people who instruct media outlets to always say "fetus" and never say "baby" and always say "anti-abortion" and never say "pro-life). Media outlets are instructed how to talk and we're all supposed to follow them.

The AP gave zero instruction on what you do with white people, brown people, yellow people, red people. (Our racial categories are moronic -- the whole idea of "race" is sloppy and unscientific). That's why you rarely see White.

So that leaves a rather awkward special media category, where it's Black teachers and white teachers. And every once in a while, like in this article, you'll see some nitwit go with a capital W.

"Oh, those White people."

Call me e.e. cummings but you I'm not following you, AP Style Guide, and damn if I'm going to obey the WaPo.

(You'll be way po' if you follow the WaPo).

Drago said...

The Ghost of Bakke.....

Aggie said...

Why wouldn't - or why shouldn't - the majority of the faculty be white? Serious question for input.

Original Mike said...

"Why wouldn't - or why shouldn't - the majority of the faculty be white? Serious question for input."

People have this idea that 50/50 black/white would "look like America.". Ahh, no.

Gusty Winds said...

It's very difficult to look at particular individuals who were hired and compare them to individuals who were not hired. This was decades ago, and the relevant case law has evolved since then.

It is hard to prove. That's why Universities get away with it. But we all know Feminist PHDs at the University of Wisconsin and Northwestern University aren't interested in hiring white guys.

"The patriarchy isn't going to destroy itself."

Gusty Winds said...

Does anyone believe a conservative, Trump supporting white guy stands a chance of getting hired at UW-Madison or Northwestern.

The saving grace is Trump supporting white guys are too sane to even apply for the positions.

Chuck said...

Does anyone here know if Steve Calabresi (Northwestern endowed chair lawprof; Fed Soc board; son of the legendary Guido Calabresi, dean of Yale Law…) has commented on this lawsuit?

To the best of my understanding, he’s not involved.

vinojones said...

RCOCEAN ll @12:15

"You can make the case most white christians don't want to bother their pretty little heads about being doctors, lawyers, or engineers, etc."

NO I can't. Please show us how YOU can

Gusty Winds said...

It's very difficult to look at particular individuals who were hired and compare them to individuals who were not hired. This was decades ago, and the relevant case law has evolved since then.

Sadly this is the same as the discriminatory practice where landlords won't rent to people "who sound black" on the phone. We all know it's true, but how do you prove it??

"Hiring" however, is different than admissions. Admissions have defined criteria which are simply ignored. You can hire, or not hire anyone you want.

In the business world, you have no idea how much avoidance there is toward people with pronouns in their email signature. It's a sign of high maintenance sensitivities nobody wants to deal with.

Gusty Winds said...

I say let the liberal colligate education system implode due to its mediocrity and downward trajectory. Seems inevitable.

The rising costs, falling output, and bloated administration are unsustainable.

gspencer said...

Stay in, Joe, stay in. Fight for AA. Anything to keep the white man down. Now that you got yours - being the 10% Big Guy and all - make sure no one else who might be more qualified than AA folks gets a leg up on the downtrodden black folks.

For the love of Beau, stay in. Remember, that's what Beau would have wanted. When Beau died leading those Merchant Marines up Pork Chop Hill at Anzio during the Vietnam War wearing his Kilroy Was Here bandana, he yelled out, "Democrats forever." The thing, Joe, the thing. Don't forget the thing.

Rabel said...

That doesn't sound like the first team going after Northwestern's discrimination.

"White men" rather than "White males" as victims and the accusation of "mediocrity" in the records of the chosen ones rather than a straightforward comparison of qualifications look bush league to me and set-up an all too easy defense, at least with the local public. Clownish.

Also, details of the UW Law case Althouse cites are hard to find, but it appears that the jury ruled that based on a "preponderance of evidence" standard the University satisfied them that they wouldn't have hired the plaintiff (Reise) under any conditions. They sifted and winnowed his ass back to the boonies.

Then, the Judge ordered him to undergo a mental examination!!!

Stay true to form, Badgers.

gilbar said...

So, the upshot is:
it's OKAY to refuse to hire ANY new young whites.. IF you've got plenty of old OLD whites?
So.. it's NOT racial discrimination, it's AGE discrimination??

Michael K said...

Blogger Drago said...

The Ghost of Bakke.....


I wonder how many people know that the black applicant that took Bakke's place at UC, Davis was later convicted of second degree murder after a botched procedure and failure to call for help as the patient died.
?

planetgeo said...

The federal government began to institute affirmative action policies under the landmark Civil Rights Act of 1964 and an executive order in 1965. The calendar says this is 2024. So AA has been in place for 60 years. That's about 3 generations. And probably on the order of hundreds of billions (if not trillions) of dollars (welfare, jobs, minority contracts, etc.) in benefits.

I'd say "reparations" is now "Paid in Full". And yes, I supported it as a worthy effort to accelerate the economic and career development of our fellow black citizens. But it is now on the verge of being a perpetual scam. Time to end it. Totally. Completely. In every respect.

Original Mike said...

"Also, details of the UW Law case Althouse cites are hard to find, but it appears that the jury ruled that based on a "preponderance of evidence" standard the University satisfied them that they wouldn't have hired the plaintiff (Reise) under any conditions. They sifted and winnowed his ass back to the boonies.

Then, the Judge ordered him to undergo a mental examination!!!"


Sounds like a case where it was easy to compare the individual who was hired to the one that was not.

Joe Smith said...

'Sadly this is the same as the discriminatory practice where landlords won't rent to people "who sound black" on the phone.'

Are these the same black people who keep saying "Y'all" and who have never left Beverly Hills?

Even my good friends from Oklahoma say "You all."

Balfegor said...

Not an employment discrimination lawyer in any way shape or form, but my impression is that failure to hire discrimination suits are pretty rare, and mostly succeed in cases where there's a huge applicant pool for which you have a lot of objective data that allows you to argue disparate impact or deliberate use of race and racial proxies in decisionmaking. Probably almost impossible to show injury/damages in the individual failure to hire case. In contrast, promotion cases seem to be more common, but that's just my impression.

Rocco said...

Still waiting for Mark Cuban to offer petite Chinese Enginnering student Wei Wu a contract to play basketball for the Dallas Mavericks. He talks a a game about DEI, but doesn’t put his money where his mouth is.

n.n said...

it's AGE discrimination?

The Pro-Choice religion was adopted by Progressive sects exercised with liberal license in Democratic jurisdictions to indulge color judgments, class bigotry, and political congruence.

Prof. M. Drout said...

"It's very difficult to look at particular individuals who were hired and compare them to individuals who were not hired."

Yes and no.

If people were actually interested in trying to determine if the assertion about the white male professors was in general true, the thing to do would be to compare the 5- or 10-year productivity of both the hired and the not-hired applicants (who hopefully did get academic jobs, albeit at a lower-ranked schools).

The problem is accounting for things like different teaching loads, research stipends, sabbatical policies, book subventions, student assistantships, etc., etc. But a good rule of thumb might be that if the rejected candidates went to a lower-ranked school but substantially out-performed the hired candidates, something was wrong with the hiring process.

Schools should want to do this anyway, regardless of the race angle. That they never do, and that--to the best of my knowledge--no social scientist has ever tried to do this kind of comparison, tells me that academia fears what the answer might be, even though I don't think the answer is at all certain.

I also doubt that racial discrimination can be proven in specific cases without some kind of paper/email trail. Maybe some people are stupid enough to leave one of those, but I've been hoping to catch people stating out loud or writing down overtly discriminatory things for years (the payoff for being a whistleblower who gets retaliated against could let me retire way early!) but have had no luck catching anyone. As in the past, this discrimination is done with a wink and a nod, an eye-rolla, a tone of voice. Perhaps statistical "disparate impact" could be applied in general, but I'm doubtful it will work in any given case.

Original Mike said...

"That they never do, and that--to the best of my knowledge--no social scientist has ever tried to do this kind of comparison, tells me that academia fears what the answer might be, even though I don't think the answer is at all certain."

I was told by the UW Chancellor (not the current one) that the school made more mistakes in the denial of tenure than in the granting of it, as judged by the subsequent performance of the candidates. Whether that was based on real data or was apocryphal, I don't know.

Drago said...

Rocco: "Still waiting for Mark Cuban to offer petite Chinese Enginnering student Wei Wu a contract to play basketball for the Dallas Mavericks. He talks a a game about DEI, but doesn’t put his money where his mouth is."

Cuban's mental and logic-impaired meltdown over DEI on X has certainly been a sight to behold!

n.n said...

Any agency, institution, organization, or corporation that participates in Diversity (e.g. DEI, IED), including but not limited to racism, must be presumed to operate in violation of civil and human rights, and is obligated to prove their innocence under the law. #HateLovesAbortion

loudogblog said...

"The case went to trial, and I testified, because I'd served on the Appointments Committee. This was many years ago, and the jury found in our favor."

Did it ever occur to you that your testimony in this case was tainted because of your obvious bias in these matters?

rhhardin said...

A President Kamala will be a role model for sex workers everywhere.

Freder Frederson said...

I wonder how many people know that the black applicant that took Bakke's place at UC, Davis was later convicted of second degree murder after a botched procedure and failure to call for help as the patient died.
?


Really?! Can you provide a link to back up your assertion, because I can't find anything? I don't know how you can link to "thatswhatthemonkeysflyingoutofmyasstoldme.com", but that is probably where you got this info.

FullMoon said...

Killed during carjacking, but completely incompetent :
Chavis was also found guilty of gross neglect and incompetence in his treatment of three liposuction patients, two who somehow escaped bleeding to death (one had lost 70 percent of her blood) and one who wasn’t as fortunate. Tammaria Cotton, the woman who died, complained during her liposuction of sudden difficulty in breathing, to which Chavis responded, “If you can talk, you can breathe.” Chavis did not stay to administer emergency medical treatment to any of the three. Boston Globe columnist Jeff Jacoby discovered that Chavis’ sole training in liposuction had been “a four-day course at the Liposuction Institute of Beverly Hills — only half of which he completed.”

Original Mike said...

That didn't take long.

Drago said...

Field Marshall Freder: "Really?! Can you provide a link to back up your assertion, because I can't find anything? I don't know how you can link to "thatswhatthemonkeysflyingoutofmyasstoldme.com", but that is probably where you got this info."

"Race-based admissions end up endangering patients — such as those treated by Patrick Chavis, one of whom bled to death due to Chavis’s medical malpractice. Chavis was the black applicant admitted to the University of California at Davis Medical School even though he had much weaker academic qualifications than Allan Bakke, a white applicant who was rejected from the school and subsequently was the plaintiff in a famous Supreme Court case. Chavis eventually lost his medical license because of his gross negligence, incompetence, and “inability to perform some of the most basic duties required of a physician.”'

https://www.nationalreview.com/2009/12/legislating-discrimination-hans-von-spakovsky/

But hey, that's National Review. And we all know that won't be good enough for Field Marshall Freder!s So, lets go with the LA Times while we are at it:

Liposuction Doctor Has License Revoked
By JULIE MARQUIS
Aug. 26, 1998 12 AM PT

"The Medical Board of California revoked the license of a Lynwood obstetrician on Tuesday, calling him grossly negligent in his care of seven liposuction patients--including one who bled to death after he abandoned her bedside.

Dr. Patrick Chavis’ license should be pulled “to protect the public,” according to a 28-page decision accusing the physician of violations ranging from botching procedures to allowing his nurse to practice medicine.

Chavis’ license had been suspended since June 1997, but the board accused him of violating that order as well by keeping his office open and advertising his medical practice.

........

Chavis could not be reached for comment late Tuesday. In sometimes rambling e-mail messages to The Times over the past year, Chavis accused the medical board of racism. He also blamed others for his troubles--an administrative law judge, a deputy attorney general, a local hospital, a malpractice attorney, even his patients and their family members."

https://www.latimes.com/archives/la-xpm-1998-aug-26-mn-16736-story.html

Yep. A complete and utter failure...admitted to Medical School when he never should have been...killing a woman out of incompetence...and then blaming everyone else! What a perfectly Freder-ish outcome! eh?

Drago said...

So, what ever happened to Bakke? Well, first, he became an engineer working out of Silicon valley and earning the respect of peers....

Allan Bakke: Determined to Be a Doctor, Not a Test Case
By Lou Cannon
June 29, 1978 at 1:00 a.m. EDT

"Co-workers at the Ames Research Center, a National Aeronautics and Space Administration laboratory where Bakke works as an engineer, describe him as a shy, serious person who watches his health and diet and jogs nearly every day. These friends say that the soft-spoken Bakke, who is well-liked without being a mixer, became obsessed with medicine while working as a hospital volunteer helping accident victims several years ago.

The hours were long, particularly after a full day at the lab, and the pay was low, but an acquaintance said that Bakke didn't seem to mind. Instead, the experience persuaded him to change his life's goal from engineering to medicine.

Bakke is from a middle-class background - his father was a mailman, his mother a teacher - and he signed up in naval reserve training so that he could obtain government assistance to put him through the University of Minnesota engineering school.

Dr. Theodore West, who interviewed Bakke in 1973, believe that some members of the admissions committee may have had vague unconscious prejudices against former Marine officers. But West, who is now a professor of pharmacology at Davis, was impressed by Bakke and strongly recommended his admittance."

https://www.washingtonpost.com/archive/politics/1978/06/29/allan-bakke-determined-to-be-a-doctor-not-a-test-case/b4623f92-bb4a-450c-8b6d-676a639e952f/

There's more at the article of course.

Later, at age 38 Bakke entered the University of CA Davis medical school where he was greeted by Freder-type demonstrators. However, Bakke persevered and graduated in 1982, residency at the Mayo Clinic and then off to the Olmsted Medical Group in Rochester MN as as anesthesiologist.

Is that enough info for you Field Marshall Freder? You just couldn't find any info at all about any of that? Its a real mystery, isn't it?

Let me guess: you were also assigned by legacy media in 2020 to identify if Biden suffered from any cognitive delays and gosh darn it, there was nothing there to report on!!

But golly gee, this Steele dossier thingy and russia collusion and "fine people" incident and "drinking bleach" etc etc etc etc etc etc etc x infinity

Sad ending: Chavis was killed in an attempted carjacking in Los Angeles when he was only 50.

Original Mike said...

Is it possible Freder didn't try very hard?

Drago said...

We probably shouldn't blame Freder for not being able to locate easily found content online. After all, he might be jet lagged, or have a cold, or is being lasered by nefarious russki types.

Or maybe Freder really did find it and those horrible deplorables are simply lying about it! That's just the sort of thing they would do....when not carrying tiki torches "out of the forest" and into other demonstrations!

I mean, "the idea"........

Drago said...

Original Mike: "Is it possible Freder didn't try very hard?"

From your perspective it might appear that he didn't "try very hard". From a Freder perspective, he gave it every iota of effort and thought available to him......

....if you know what I mean.

Aggie said...

Blog Commenters Pounce !

Ampersand said...

If you have been involved in the institutional hiring process in the last two decades, and you haven't noticed race preferences (POC), gender preferences (women), and ideological preferences (leftist), you are part of a tiny minority.
There is a cascade effect to these preferences, as the beneficiaries of the preferences feel compelled by cognitive dissonance to continue, and amplify, the preferences. The pendulum isn't swinging back.

Rocco said...

Joe Smith said...
'Sadly this is the same as the discriminatory practice where landlords won't rent to people "who sound black" on the phone.'

Are these the same black people who keep saying "Y'all" and who have never left Beverly Hills?

Even my good friends from Oklahoma say "You all."


I am a landlord. I have black tenets, and issues with them. I also live in a city that had a significant influx on Appalachians during the first 3/4 of the 20th century. “Y’All” ain’t just a black thing. No issues with them, either.

Now on the other hand, people who say “Yinz” for the 2nd person plural…. Buncha Steeler fans, no doubt.

Drago said...

Aggie: "Blog Commenters Pounce !"

We discussed "seizing" but felt it was rather passé.

Marcus Bressler said...

After my father retired, my mother had heart problems so he decided to interview for jobs he was qualified for (many years as an electrical engineer, a product planner, on the team that designed the the standard for punched cards - IBM, I believe--, a computer programmer and much, much more). He went for an interview at Rinker Concrete & Cement locally and wasn't offered the job. He later found out they hired a much younger man with less experience and credentials. He contacted the EEOC and they filed on his behalf and he got a settlement from Rinker equal to one year's salary based on age discrimination. Of course, in the settlement, no mention was made of the age discrimination.
During the 15 years I worked for the USPS, Affirmative Action was one of our FIVE MAIN GOALS. Each year, the Postal Service submits an Affirmative Employment Plan and an Accomplishment Report for Individuals with Disabilities to the Equal Employment Opportunity Commission (EEOC). In my early years as a line supervisor, I was looking for a manager or (small town) Postmaster job. I remember telling a higher-level manager that I was considering applying. I was informed not to bother, that a specific black man was to get the job. I did apply, went through the interview process (to at least get the experience), and, lo and behold, that certain black man got the job. I have no idea if he was qualified or not. All I now is that he was another notch on the USPS belt for AA.

Rusty said...

Wait for it.
Wait-for-it.
Freder you dumbass.
Freder never tries very hard. Which is why, to this day, he isn't a Dr.. Or even plays one on TV.

Marcus Bressler said...

I forgot to mention that my dad (who passed away from an accident in the home in 2010) was the "go-to expert" on the punch card fiasco in the Florida presidential election of Bush and Gore -- for the local, liberal rag The Palm Beach Post. My dad was a Roosevelt liberal who took the day off to go to RFK's service in NYC after his assassination. My younger brother is a bigtime TDS liberal. I'm the only conservative in the family.

Mason G said...

"In sometimes rambling e-mail messages to The Times over the past year, Chavis accused the medical board of racism."

Playing the race card? What are the odds of *that* happening?

Achilles said...

Original Mike said...

Is it possible Freder didn't try very hard?

That has nothing to do with it.

Freder will believe and repeat any lie he has to to support his tribe and his view of the world.

No matter how dishonest he has to be he will support Democrats and their policies.

This is just who democrats are.

cfs said...

A recent analysis by Bloomberg News has revealed that people of color accounted for 94% of new hires at the US’ largest public companies in the year after the Black Lives Matter protests. I doubt it has improved much since then and I suspect it is not any better in academia.

walter said...

Madison was found not guilty of bias?
Ohhh..

PB said...

Live by disparate impact...

PackerBronco said...

This post should have been renamed: "A new front in the battle against racial discrimination?"

Bruce Hayden said...

“ I remember a comment section that got on lower schools hiring Harvard and other Ivy PhDs. One commenter chimed in about how his professors in his PhD program were all from the Ivies. To which I observed that apparently his school did not consider their own graduates up to standards for faculty positions at the school.”

“And so many unemployed PhDs can't seem to grasp this fact. Their schools wouldn't even hire graduates from that school.”

For the most part, all things equal, for white bread hires, colleges and universities most often hire up - meaning that they hire grads from higher rated schools. Thus, for example, her graduate school advisor graduated from a top-5 program, and she, a top-20 program PhD, would be unlikely to be hired at a top-20 school, and definitely not at a top-5 school. So, even in useful programs like hers, being hired by a school as highly rated as hers is unlikely.

This, BTW, is a dead giveaway identifying AA hires. While white bread applicants can mostly only look to lower ranked schools, AA applicants are very often hired at higher ranked schools. And the bigger the jump, the more likely that their hiring was AA based. And how we know that (now Senator) Fauxhauntis Lizzie Warren joined the Harvard Law faculty as an AA hire for her pretend Native American heritage. Top-100 LS grads just don’t otherwise get hired by top-5 law schools, and esp absent significant publications.

Drago said...

I should add the required: Patrick Chavis was not a "bad" affirmative action doctor, he just had a stutter.

And a cold.

And was car-lagged from driving around LA.

Personally, I blame Trump.

Cappy said...

Welp, they hired Bernardine Dohrn, so what can you expect?

Oligonicella said...

rhhardin:
Women aren't very good, is the problem. After a while it shows up.

Specifically, according this female CEO who recruits, they're "usually quite lazy".

Oligonicella said...

n.n:
Moms have the hardest job you will ever love.

Single father for 12 years here. I call BS.