Roger Clegg

An Unusually Stupid Court Ruling

Yesterday the full U.S. Court of Appeals for the Sixth Circuit held that Michigan’s Proposal 2 violates the U.S. Constitution’s Equal Protection Clause.  Proposal 2 was a ballot initiative that amended the state constitution to provide that state and local government agencies (including public universities) in Michigan “shall not discriminate against, or grant preferential treatment […]

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What Columbia Is Doing Is Illegal

Just a few lawyerly thoughts to add to KC Johnson’s excellent post yesterday on Columbia University setting aside $30 million to hire female and minority faculty. It was clear enough all along that Columbia’s hiring would be racially discriminatory, if not racially exclusive; and, as Professor Johnson points out, even the pretext that sometimes a (politically […]

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No Research, Please, Unless It Helps Our Cause

A news story here has garnered some attention; it’s about how “Black students at Duke University are angry over a university research paper that found African-American undergraduates at the school are disproportionally more likely to switch from tough majors to easier ones.” There’s not much in it that denies the truth of the paper’s conclusion, […]

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Protest Versus Disruption at the University of Wisconsin

It has been over a week since the University of Wisconsin at Madison was torn by the debate over affirmative action on September 13. The conflict was precipitated by the presentation of a study conducted by the Center for Equal Opportunity, which alleges reverse discrimination in UW admissions policies. A lot has been written about […]

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Notes on the Diversity Uprising in Wisconsin

I thank KC Johnson for his thoughtful post below.  Here is a link to the studies we released on the severe and unjustified admission preferences at the University of Wisconsin, Madison,and to the press release that summarized them and announced the press conference:  http://www.ceousa.org/content/view/929/119/. Since I was there, I thought I would also add a […]

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From the Sixth Circuit: Good News, Bad News

There’s good news out of the U.S. Court of Appeals for the Sixth Circuit: On Friday, the full court agreed to rehear a now infamous decision in which a three-judge panel had earlier struck down the state of Michigan’s Proposal 2.  Proposal 2, in turn, is a ban on government discrimination and preference on the basis of […]

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Preferences for Homosexuals?

Elmhurst College, in what is apparently a first, will ask this question on its admissions application:  “Would you consider yourself a member of the LGBT (lesbian, gay, bisexual, transgendered) community?”  Answering the question will be optional; applicants may chose “yes” or “no” or “prefer not to answer.”  Those answering yes to the LGBT question will […]

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Non-Garbage In, Garbage Out

The New York Times had a fairly long online colloquy over the weekend on a very short study titled “Whites See Racism as a Zero-Sum Game That They Are Now Losing.” Prepared by Michael I. Norton of Harvard Business School and Samuel R. Sommers of Tuft University’s Department of Psychology, the study appeared in Perspectives on Psychological Science. It […]

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Why the Arizona Civil Rights Initiative Was Needed

This week Arizonans overwhelmingly enacted the Arizona Civil Rights Initiative, which bans state and local discrimination on the basis of race, ethnicity, and sex in contracting, employment, and education – including racial preferences in university admissions. Opponents of such initiatives frequently claim that they are a solution in search of a problem, that the presence […]

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Reshape Universities Because of “Stereotype Threat”?

An Inside Higher Ed article yesterday by English professor Satya P. Mohanty of Cornell on “Diversity’s Next Challenges” constructs an elaborate house of cards but then inadvertently knocks the whole thing down. The piece features, in particular, an argument suggesting that “stereotype threat”—the claim that fear of being judged by a stereotype can cause minorities […]

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Diversity, Science Faculties, and Circular Reasoning

According to a short news item in Inside Higher Ed today, “The American Association for the Advancement of Science and the Association of American Universities have issued a new handbook with detailed legal resources to help colleges recruit and retain faculty members and students in science fields. The handbook notes legal challenges to some forms […]

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Obama Wants More Preferences

The Obama administration has weighed in on behalf of the University of Texas’s use of racial and ethnic preferences in its undergraduate admissions, filing an amicus brief in the U.S. Court of Appeals for the Fifth Circuit, as reported here. This is unfortunate if not surprising, but the scope of the brief is noteworthy in […]

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Shall We Rank Law Schools for Diversity?

Two law-school professors, Vikram David Amar and Kevin R. Johnson, recently published a piece in FindLaw.com on “Why U.S. News and World Report Should Include a Diversity Index in its Ranking of Law Schools.” Early on, the piece notes a research finding that, by including in its law-school index the LSAT scores and undergraduate GPAs […]

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Self-Parody At Emerson

Last December, I wrote in these pages about allegations of racial discrimination in tenure denial at Emerson College, which had prompted the school to set up a three-person commission charged with reviewing those allegations. The panel’s report has just been released, and the good news is that the panelists “noticed no overtly racist or prejudiced […]

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10 Reasons Not To Wait 25 Years to Revisit Grutter

10. Justice O’Connor now suggests that the social-science evidence on which it was based is shaky. 9. The social-science evidence on which it was based is getting shakier, as more and more disinterested research is done. 8. There should not be a social-science exception to the Constitution’s Equal Protection Clause anyhow. 7. In a variety […]

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Affirmative Action—All This Turmoil For So Little?

A Chicago study on “Assessing the Impact of Eliminating Affirmative Action in Higher Education” comes to this conclusion: black and Hispanic representation at all 4-year colleges is predicted to decline modestly—by 2%—if race-neutral college admissions policies are mandated nationwide. However, race-neutral admissions are predicted to decrease minority representation at the most selective 4-year institutions by […]

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Another Bad Idea: ”Diversifying” Science Faculties

Should universities weigh race and ethnicity in deciding whom to hire for their science departments? The American Association for the Advancement of Science thinks so, according to a recent National Journal article. “Science and engineering should look like the rest of the population,” says AAAS’s Daryl Chubin, and if hiring decisions don’t yield the right […]

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Discrimination In Granting Tenure?

Allegations of tenure discrimination have recently been leveled against Emerson College on grounds of race and against DePaul University on grounds of sex. At Emerson, two black scholars were denied tenure, the local chapter of the NAACP became involved, and an investigation has been launched by the Massachusetts Commission against Discrimination. The school has agreed […]

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Ending Racial Preferences: The Michigan Story

Book Review: Ending Racial Preferences: The Michigan Story by Carol M. Allen (Lexington Books, 2008, 422 pp.) I like this book, but fairness to the prospective reader requires disclosure of three facts: (a) it is an odd book, (b) I am an odd reader, and (c) it costs ninety dollars, for Pete’s sake. The last […]

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