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Legal Commentary

Discriminations

who? Discriminations is the joint production of John and Jessie Rosenberg. John is one of the world's older grad students, now completing a 30-year overdue dissertation at Stanford on discrimination. Jessie is a 16 year old junior at Bryn Mawr College majoring in physics.
\r\nwhat? John's focus, not surprisingly, will be on the theory and practice of discrimination, and how it is reported and analyzed.
\r\nJessie's will be discriminating thoughts on ... whatever catches her fancy or attracts her attention. (Email: jrosenbe@brynmawr.edu)

Post Frequency: 13.8/day

Last Entry: April 01, 2011 at 09:31:52

Frenzied Raceocrats

Posted on October 16, 2008
I have written a number of times about the absurd lengths, or depths, Democrats, liberals, journalists, editorial writers (but I repeat myself) will go to in order to find racism in the Republican campaign. I believe many of these examples will live on, after this campaign is over, in the annals of political derangement, or perhaps collections of unintended political humor...

Rotten ACORNS

Posted on October 15, 2008
ACORNS were popping all over Ohio today. In the most significant development the full Sixth Circuit Court of Appeals overturned a decision made last week by a three-member panel that itself had overturned a federal district court opinion requiring a reluctant (Democratic) Ohio Secretary of State, Jennifer Brunner, to verify the identity of newly registered voters...

Stigma?

Posted on October 10, 2008
The Chronicle of Higher Education reports on a new survey of students at seven law schools that purports to show that beneficiaries of affirmative action preferences do not feel stigmatized. The article points out, at least to my satisfaction, that there were too few respondents for the results to be meaningful: 42 percent of students at the four law schools in the study that used affirmative-action preferences in admissions, and 27 percent of students at three law schools that did not...

?American Hero?

Posted on October 10, 2008
Peter Robinson has a very nice, and very much deserved, tribute to Ward Connerly in this week?s Forbes.

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Impending Voter Fraud In Virginia

Posted on October 10, 2008
Hans Bader is on the case ? see here and here ? of growing voter fraud in Virginia, aided and abetted by liberal Democratic Governor Tim Kaine and the ACLU. It?s not a pretty picture.

UPDATE!

Posted on October 10, 2008
Taxing Questions has been Updated.

Just When You Thought You?d Heard It All ...

Posted on October 10, 2008
... regarding America?s racist white voters and how they?ll never elect a black president, here comes Penn Prof. John L. Jackson, Jr., the Chronicle of Higher Education?s anthroblogogist (as an anthropologist he ?spends a lot of time, ?he modestly tells us, ?listening to people talk about their hopes and dreams, their complicated pasts, and uncharted futures?) to report that the increasing likelihood Obama will be elected is making some blacks ?more ? not less ? cynical about how race operates in contemporary America...

Arizona And Nebraska

Posted on October 09, 2008
The invaluable Center for Equal Opportunity has recently released studies documenting the degree of preference given to minority applicants to law schools in Arizona and Nebraska. As I?ve written to my friend Roger Clegg, CEO?s president and general counsel, he publishes important reports faster than I can read them...

Taxing Questions

Posted on October 08, 2008
In defending his proposed tax increase in last night?s debate, Sen. Obama said, as he has said on numerous occasions, Only a few percent of small businesses make more than $250,000 a year. So the vast majority of small businesses would get a tax cut under my plan...

The Race-On-The Brain Delusional Dems

Posted on October 07, 2008
In my last post I called the Associated Press ?delusional? for writing, in what was presented as news ?analysis,? that Sarah Palin?s criticism of Obama for palling around with unrepentant former terrorists, both white, was racist. No, that was not in a Saturday Night Live skit; it was in what was to all intents and purposes a real Associated Press article...

The Delusional Associated Press

Posted on October 05, 2008
Douglass K. Daniel (henceforth known as ?...ass?), a writer and editor in the Washington bureau of The Associated Press, claims that Sarah Palin?s recent criticism of Obama for ?palling around? with a couple of white former terrorist radicals ?carried a racially tinged subtext that John McCain himself may come to regret...

University Of Northern Colorado Opposes Equality

Posted on October 04, 2008
The board of trustees of the University of Northern Colorado opposes treating its applicants and students without regard to their race or ethnicity, voting unanimously to urge defeat of Amendment 46, the Colorado Civil Rights Initiative. "We really think that the amendment, if passed, would jeopardize the ability of the university and universities across the state to attract and foster diverse student populations,? said Jim Chavez, UNC trustee and director of the Latin American Education Foundation...

Who Won The Debate?

Posted on October 03, 2008
These staged political debates would be so much more interesting if the airwaves weren?t clogged afterwards with legions of self-important pundits telling us what to think about what we just saw. They all remind me of stewardesses who welcome me to wherever after the plane lands ? who are they to welcome me, since they arrived the same time I did? Moreover, most of what passes for post-debate analysis is worse than malarkey; it?s useless nonsense...

Double-Standard Journalism Starts Early...

Posted on October 02, 2008
Gawker reports, via Fashionista, about a major journalistic organization that has been ?quietly paying interns ? but only if they?re of a ?minority.?? Commenters immediately called out Hearst, which, what do you know, we called them up and it turns out that like myriad other media organizations recruits local minority interns through a separate internship program with special terms and specifications...

Why No ?Blue Slip??

Posted on October 02, 2008
Did the House?s commitment to ?blue slip? any revenue or appropriation bill originating in the Senate slip the House?s mind? (That question, assumes, of course, that the House has a mind.) The ?Origination Clause,? Article I, Section 7, of the Constitution grants the House the sole authority to originate revenue legislation, which the House interprets to mean to mean both raising and appropriating revenue...

The Genuis Of Nancy Pelosi

Posted on September 30, 2008
Mickey Kaus asks, ?If Nancy Pelosi had wanted to screw Sen. McCain, could she have done a better job?? Good question. Although she and her consigliere Barney Frank are now quick to blame Republicans, they apparently did nothing to secure votes for this ?essential? legislation from their own caucus...

UPDATE!

Posted on September 30, 2008
The Genuis Of Nancy Pelosi, below, has been UPDATED.

OutSteynding!

Posted on September 30, 2008
Mark Steyn, sounding positively Burkean, on the origins of the financial crisis: ... isn?t it the case that we?re in this mess because US politicians previously subordinated ?the general reason of the whole? to ?local interests? and ?local prejudices?? That?s to say, with their usual casual destructiveness dressed up in the baby talk of ?diversity?, they chose to turn the mortgage industry into just another branch of the affirmative-action racket...

Good Advice, Bad Advice

Posted on September 29, 2008
On the Forbes magazine web site Shikha Dalmia, identified as a senior analyst at the Libertarian Reason Foundation, has some advice for Barack Obama: he should reverse course (it wouldn?t be the first, or sixth, time) and come out against both racial preferences and legacy preferences...

Where ?Taking Race Into Account? Is Not Illegitimate

Posted on September 28, 2008
I have written many times that I believe it is almost always illegitimate for the state to ?take race into account,? to use the current euphemism for employing racial preferences. Indeed, the only acceptable (to me) exception to such a prohibition I?ve found is the legitimacy of assigning, say, black police officers to go undercover to penetrate a black gang...

Palin Comparison

Posted on September 27, 2008
If you?ve hung around these precincts long enough you will know that I?ve had, and taken, many opportunities to poke fun at SLATE?s legal style writer, fellow Charlottesvillian Dahlia Lithwick who, as I wrote here, is ?known more for the sizzle than the steak of her columns...

Democrats Run For Cover

Posted on September 26, 2008
[This post has been UPDATED twice three times.] Readers will not be surprised, or disappointed, that I haven?t added my two cents to the apparently ongoing conversation about our financial crisis. As a former graduate student, I feel perfectly comfortable saying that?s not my field...

De- Or Re-Stereotypes?

Posted on September 25, 2008
The University of Virginia, according to this report, has just enjoyed its third annual ?de-stereotype day.? The University of Virginia continues to work on fixing race issues on grounds. They have dealt with housing, and political cartoons, and Wednesday, it was stereotypes...

Poll Tacks

Posted on September 25, 2008
Since I?ve waited a few days to discuss it, by now most of you are probably already familiar with the new AP/Yahoo poll on the role race is likely to play in the election. The gist of it, and the nature of most of the coverage it has received, is nicely captured by the Chicago Sun Times headline on this widely read Associated Press article by Ron Fournier and Trevor Thompson, ?Bigoted white Dems could doom Obama's effort...

Has Title VI Been Deep-Sixed?

Posted on September 22, 2008
In its Overview of Title VI of the Civil Rights Act of 1964, the Department of Justice states: Title VI, 42 U.S.C. � 2000d et seq., was enacted as part of the landmark Civil Rights Act of 1964. It prohibits discrimination on the basis of race, color, and national origin in programs and activities receiving federal financial assistance...

Affirmative Action In Action

Posted on September 21, 2008
Since it is widely believed, at least in some circles, that affirmative action is threatened exclusively by Ward Connerly and his friends, the evil racist Republicans and the right-wing judges they appoint, it may be useful to note that the bureaucrats and politicians who manage affirmative action programs have also contributed a great deal to the justified disgust increasing numbers of people have for these programs...

UPDATE!

Posted on September 20, 2008
This post has now been updated a third time.

Obama An Empty Suit?

Posted on September 20, 2008
I've often described Obama as an empty suit, but thanks to this excellent column by Rex Murphy (HatTip to InstaPundit) I now think that clothes him with too fixed and substantial an identity. He has a quicksilver quality. Even after two autobiographies, Mr...

More Racial Idiocy

Posted on September 19, 2008
[NOTE: This post has been Updated, twice] Every time I see another charge that one or another of McCain?s ads is racist for making fun of Obama as an empty-suit celebrity or calling attention to his woeful lack of experience or accomplishment (this amounts to calling him ?uppity,? it is said), I think these ridiculous, overly sensitive politically correct objections can?t get any dumber...

UPDATE!

Posted on September 19, 2008
This recent post has been Updated to acknowledge the unusual perspicacity (a big word meaning he agrees with me) of Roger Clegg.

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