Discrimination Against Asian American Students Is Discrimination Against Asian American Students: Why Is This Even Debatable?

The Trump administration has  fingered  Yale as discriminating against Asian-American and white applicants, just as an Asian-American student group had made the same claim in lawsuits against Harvard, the University of North Carolina at Chapel Hill, and a recently filed case against the University of Texas at Austin. A federal judge ruled in Harvard’s favor last year, but i do not believe the decision will stand up on appeal, since it is dishonest and illogical. The Trump Administration is supporting the plaintiffs as it should…as everyone should.

I wrote about the Harvard decision here.  As you would expect, the analysis differs not at all from the ethics verdict regarding Yale’s discrimination, which is similarly indefensible. Also as you might expect, the “it isn’t what it is” rationalization (#64!) is rampant while the usual suspects try to defend it now, when the Black Lives Matter mob is demanding discrimination in favor of African Americans in all things—hiring, promotions, ring, college admissions, arrests, prosecutions, casting, honors, running for Vice-President—as if that is anything but racism, flat-out.

The New York Times–of course–is and will be embarking on a course of trying to obscure the obvious right and wrongs of the situation, as well as engaging in some ethics  jujitsu to make out the Trump Administration and anyone who thinks that no discrimination on the basis of race means no discrimination on the basis of race  as racist villains.  In this article, for example, the Times attempts or enables several dishonest arguments to discredit what should be self-evident, including… Continue reading

Morning Ethics Warm-Up, 8/13/2020: Kamala Harris Selection Hangover Edition [UPDATED]

Hi!

In the 1945 drama “The Lost Weekend,” Ray Milland (above) played alcoholic Don Birnam, and won  the Oscar for Best Actor. The film also won the Oscar for Best Picture. Have you ever seen it? The film is virtually never shown on TV. Milland is another one of the once major Hollywood stars who are almost completely forgotten today, a fascinating group that includes Claire Trevor, Fredric March, Irene Dunne, John Garfield, and Norma Shearer, among others. If their major works were in black and white, they weren’t lucky enough to star in a film regarded as a classic, and they didn’t have a popular TV show when their movie career waned, the culture just forgets about them….and loses as a result. How many non-film nerd Americans under the age of 40 could recognize any of those actors, never mind all of them?

1. Nothing to see here: move along! Yesterday it was reported that the Democratic Party purchased the Antifa.com domain, and that clicks on the link went directly to the Biden campaign site. I checked: it did. Then, by 5:30 pm, the Biden redirect was eliminated. Res ipsa loquitur!

UPDATE: I’m putting an official question mark on this one. It is true that the Antifa.com went to Biden’s site, but that could have been a partisan dirty trick.  Of course, if true, this is the kind of story that the mainstream media would bury. If it was a set-up, it’s the kind of story the right-leaning media would credulously report as proof of Democratic de facto embrace of violence.

Trustworthy, objective journalists would be nice…

2. The vise tightens...Yesterday I noted that colleges and universities were increasingly cancelling their acceptances of students based on revelations of their past social media posts. In one case, Liberty Woodley, 17, the 2020 valedictorian of her high school class in Cape Coral, Florida., had accepted an offer to attend the University of Florida. Then a self-righteous and vicious  actress and “influencer” named Skai Jackson last month asked her more than 500,000 Twitter followers to send her screenshots of  “hateful” social media posts, so she could wrck lives and inflict pain on strangers. Someone sent in one of Woodley’s old Instagram posts in which she wrote when she was 16.

“I really try so hard not to be a racist person, but I most definitely am, there’s no denying it,” it said. Based on that, her acceptance was revoked.

 In an interview with The Gainesville Sun,  Liberty explained that had written the post out of anger at a time when she was being constantly bullied by some black classmates. “I am not racist at all, and I am not full of hate,” she said.  Well, there’s a Catch-22 for you! Oprah Winfrey and others are haranguing whites to admit their inherent racism as a first step to addressing “systemic racism,” but if they do what is asked, it means they are hateful and must be cancelled.

What do you want to bet that Liberty will vote for all Democrats in November? Continue reading

The Ruling In The Harvard Asian Discrimination Case: So What WAS “The Point”?

In response to U.S. District Judge Allison D. Burroughs’ ruling this week that Harvard University does not discriminate against Asian Americans in undergraduate admissions, two commentators issued reactions with almost themes: the ruling missed the point. In the New York Times, law professor Melissa Murray wrote that the opinion missed the point by being…

…focused on diversity as the sole grounds on which the use of race in admissions may be justified. As Judge Burroughs noted in her ruling, diversity-centered admissions policies can “enhance the education of students of all races and backgrounds, to prepare them to assume leadership roles in the increasingly pluralistic society into which they will graduate,” “broaden the perspectives of teachers” and “expand the reach of the curriculum and the range of scholarly interests.” Her words echo the standard refrains that have been deployed to defend affirmative action since Justice Lewis Powell’s opinion in University of California v. Bakke (1978). Justice Powell famously extolled the virtues of the “Harvard Plan,” which recognized that a “farm boy from Idaho can bring something to Harvard College that a Bostonian cannot offer.” The problem, of course, is that thinking about diversity in terms of what beneficiaries might contribute makes the benefits of affirmative action contingent and conditional — worthy only because its beneficiaries serve the broader needs of institutions and those who are assumed to belong.

To the contrary, Murray believes that Harvard’s race preferences out to be justified as permanent reparations, though she never uses those exact words.  (Hmmmm.…I wonder if she’s black? Let’s see…why yes, she is!):

Those who fought for affirmative action expected institutions to maintain policies that ensured continued representation of those who had long been excluded. But at least in the courts, these convictions have been largely jettisoned.

That’s because they are unethical, illegal and unconstitutional.

The momentary victory for Harvard, which was correctly accused of discriminating against Asian-Americans in admissions in order to further affirmative action goals, was the result of an ideological rather than a legal analysis. I give the judge credit for being open about his bias: how else could one interpret his reasoning? From the Washington Post:

While Harvard’s “admissions process may be imperfect,” Burroughs wrote, the judge concluded that statistical disparities among racial groups of applicants “are not the result of any racial animus or conscious prejudice.”

The law does not require “racial animus or conscious prejudice” to make  racial discrimination illegal. Discrimination on the basis of race is unfair, unjust, illegal and wrong. The judge doesn’t address that fact; he just explains why Harvard’s discrimination is the good kind, writing,  “The use of race benefits certain racial and ethnic groups that would otherwise be underrepresented at Harvard and is therefore neither an illegitimate use of race or reflective of racial prejudice.”

What does “under-represented” mean? This is a tell: Judge Burroughs is a disciple of the Left’s edict that  institutions, workplaces, benfits and distinctions are inherently suspect or harmful if they don’t closely match demographic divisions within the public in general. This essentially un-American myth requires the use of quotas while disguising their intent and function.

Affirmative action has always been an example of policy hypocrisy, engaging in present discrimination in order to combat the effects of past discrimination. It was justified, at best, as a temporary breach of core principles in pursuit of a theoretical remedy to a unique problem.

Another “the opinion missed the point” article had a more useful, if also flawed,  analysis than the law professor’s “We should keep discriminating against whites and Asians forever because of slavery and Jim Crow” argument. Richard Ford makes the case in “The Harvard Ruling Misses the Point” that the entire debate is taking place within an absurdity. Elite institutions like Harvard exist to bestow the credential of being  certified “elite,” a member of the deserving American upper class. “Democratizing” the anointment process by artificially using factors that have nothing to do with merit or achievement to bestow elitism is self-contradictory: once it becomes obvious that getting admitted to Harvard signifies nothing substantive, then Harvard’s ability to sanctify its graduates vanishes, or should.

It should. Harvard’s degree always was something of a fraud in this respect. Ford correctly observes,

The unstated assumption that folds affirmative action into a general critique of elite admissions is that acceptance should be based exclusively on individual merit (and that merit, in turn, should be measured by grades and test scores). Indeed, opponents of affirmative action often speak as if it is a departure from an otherwise even-handed and admirable meritocracy. But the Harvard case and the bribery scandal both expose—in high relief, if not for the first time—the extent to which non-racial (and hence legally unproblematic) admissions preferences dwarf those associated with race. Athletes, legacy applicants, and those otherwise likely to help universities secure large donations enjoy higher admission rates than members of underrepresented racial groups. Affirmative action is one of the more modest of many departures from numerical indicia of merit.

Continue reading

Regarding Felicity Huffman’s Slap-On-The-Wrist

Before actress Felicity Huffman was sentenced for her participation in the rigged college admissions scandal, also known as “Varsity Blues”, the leftist website Salon had already pronounced her treatment by the justice system as racist. It said in part,

Back in 2011 Tanya McDowell was homeless and living in her van. She wanted her five-year-old son to receive a quality education, so she enrolled him in Brookside Elementary of the Norwalk School District. He was later kicked out due to a residency issue, so he transferred to Bridgeport schools.

Police investigated McDowell and charged her with fraud. A year later she pleaded guilty to first-degree larceny and conspiracy to commit first-degree larceny; for these offenses, she received a five-year sentence. Before McDowell started serving it out, she was charged with selling narcotics to an undercover police officer, an offense that killed her community support. McDowell was ultimately given 12 years, to be suspended after she served five, and followed by five years of probation; the narcotic sentence to run concurrently with a five-year sentence she had already received in the Norwalk school case. All of this story, from the over-policing of this mother to the severity of her sentence, along with everything she did, was obviously driven by poverty, which remains synonymous with “guilty” in our lopsided system of so-called justice.

On the other hand, you have a person like Felicity Huffman, who enjoys the many privileges that come with being a rich “Desperate Housewives” star…and having the resources to expose her daughter to educational advantages that McDowell may not have even been able to dream of: tutoring, unlimited books, technology, a safe learning environment, and even an SAT specialist who helps struggling kids obtain high scores. …[T]he actress was arrested in March on mail fraud and conspiracy charges as an outcome of the FBI’s Operation Varsity Blues investigation, and pleaded guilty to mail fraud, after paying $15,000 to allegedly rig her daughter’s SAT scores. Huffman is scheduled to be sentenced in Boston on Friday — for one month in prison, if the federal prosecutors’ recommendation is followed. Huffman’s attorneys have instead asked for a year’s probation, plus community service and a $20,000 fine.

Let’s begin with the fact that this is unethical and dishonest advocacy. Searching for an admittedly terrible prosecution from eight years ago  to contrast with Huffman’s case is contrived racism. The fact that the mother was later legitimately charged with selling narcotics renders the comparison a stretch at best.  In the absence of sufficient numbers of cases across the country to make a valid generalization, Salon’s assumptions are just cheap muckraking.

Stipulated: charging McDowell with larceny for trying to sneak her child into a better school district was a cruel and unethical prosecution; charging her with fraud and seeking a significant punishment was not. The idea was to discourage similar deceptions, no matter how well-intentioned they were.  That is a valid law enforcement objective, and an important one.

What Huffman’s attorneys proposed as appropriate punishment was irrelevant to Salon’s thesis. Their job is to get the actress as light a sentence as possible, and if possible, no sentence at all. We are not told what McDowell’s attorney’s argued on her behalf, because it is also irrelevant, but, I suspect, it was omitted because their recommendations were not that different from those of Huffman’s case. Continue reading

Let’s Play “Desperate, Gallant, Or Offensive!” Today’s Contestant: Actor William H. Macy

Welcome, Ethics Alarms readers! It’s time for that exciting game show, “Desperate, Gallant, Or Offensive!,” where the audience judges whether its celebrity contestants have stayed within ethical boundaries!

Today’s contestant is celebrated actor William H. Macy, not to be confused with Bill Macy, who played Bea Arthur’s long-suffering husband on “Maude.” William H is one of the most honored and respected, not to mention versatile American actors. He has won two Emmy Awards, four Screen Actors Guild Awards, and an Academy Award nomination for Best Supporting Actor for his memorable performance in Fargo.” Since 2011, he has played Frank Gallagher, the main character in the Showtime adaptation of the British television series “Shameless.”  Most relevant now, however, is his 22 year marriage to actress Felicity Huffman, who is about to be sentenced for her participation in the so-called “Varsity Blues” college admission scandal.

Ready to play? All right! Here is what loving husband William wrote to the judge preparing to sentence Huffman: Continue reading

Labor Day Weekend Kick-Off Ethics Warm-Up: The “I’m Baaaack!” Edition

Excellent work in the Open Forum, everybody.

Thank-you.

As it happened, there would have been no way I could have written a post yesterday, except after I arrived home following a 6 hour drive from New Jersey following my three-hour seminar. At the point, however, my IQ had fallen below Joe Biden levels, so it would have been unethical for me to opine or analyze anything. I’m slightly better now, at the Kamala Harris level and rising, so I’m going to get right back on the metaphorical horse.

I hate missing a day like that, mostly because it puts me behind in covering the ethics news, but also because I view Ethics Alarms as a commitment to the loyal readers who come here.

1. Well this is good news…The College Board is dropping its proposed “adversity score” from the SAT. The ill-considered device, which Ethics Alarms metaphorically spat at here, would have assigned a score based on the socioeconomic background of each student, artificially raising his or her score based on socioeconomic circumstances.

Of course, this was an unusually transparent ploy to facilitate race-based college admissions .As I wrote in May,

This is a cynical and dishonest device to give cover to colleges and universities as they try to base their admissions on race and ethnicity while avoiding legal prohibitions on discrimination based on race and ethnicity. That is all it is, and exactly what it is.

2. And MORE good news! A new Rasmussen Reports survey shows that most voters believe the average journalist is liberal, and few are conservative. Moreover, a majority believe it is appropriate for politicians to criticize reporters and hold them to the same scrutiny as those they cover.

Of course  it is. For more than three years, we have been hearing that President Trump’s condemnations of the news media and specific news organizations and journalists represent a threat to the freedom of the press and democracy. For those same three years, the Ethics Alarms position has been that while the President’s rhetoric and tone is often irresponsible, the threat to democracy is being created by a mainstream media journalistic establishment that is no longer interested in being fair or objective, not by criticism of this dangerous trend.

The survey analysis found that 61% of likely U.S. voters believe reporters at major news organizations are public figures who deserve critical scrutiny of their conduct and biases.  Only 61%? 19% directly disagree with that contention. How  can they disagree? What would give journalist the unique right to be immune from criticism of bias, competence, and abuse of power? Elected officials are not immune, nor are scholars, artists, lawyers or judges. Continue reading

The SAT’s Racial Prejudice By The Numbers

Bribing administrators  and having people take tests for your kids is one way to cheat in college admissions. Another way is to have the College Board cheat for you.

I should have written about this days ago, I know. I haven’t been feeling well, though, and this story literally makes me sick.

The SATs are adding a so-called “adversity score” that will artificially raise the test scores of some students beyond what they actually deserve on a level playing field competition. This is, we are told, “to help colleges and universities account for the various educational and socioeconomic factors that may negatively impact students’ scores.”

Let me translate: this is a cynical and dishonest device to give cover to colleges and universities as they try to base their admissions on race and ethnicity while avoiding legal prohibitions on discrimination based on race and ethnicity.  That is all it is, and exactly what it is. Continue reading

Saturday Ethics Warm-Up, 4/6/2019: Who’s The Worst? [CORRECTED]

Good morning!

The day got off to a grand start when the first thing that came up on TV was the ending of John Wayne’s “True Grit.” When the Coen Brothers did their (dark) remake starring Jeff Bridges as Rooster Cogburn, I wondered which version would survive as the definitive one. Sometimes remakes of classic films obliterate the originals, like “The Thing,” or “Invasion of the Body-Snatchers.” Sometimes the original films are so obviously superior that the remake just vanishes. Sometimes it should vanish, but doesn’t, like the ugly “Charlie and the Chocolate Factory” created by Tim Burton. Both “True Grit’s ” are excellent, but so far, at least, the Duke’s Oscar-willing performance has prevailed. Good.

1. From the “You can’t fool all of the people all the time, especially if you’re a callow, arrogant fool” files:  Rep. Alexandria Ocasio-Cortez offended an audience made up predominantly of African Americans when she slipped into assumed regional slang to lecture them about the dignity of menial jobs for life

“I’m proud to be a bartender, ain’t nothing wrong with that!” Ocasio-Cortez proclaimed. [CORRECTION NOTE: Originally, the version of this statement I had was an Ebonics-fest that I got off of a tweet from an attendee. This was incorrect: thanks to Chris Marschner for the fact check.]

Actually, the real offense was her content, not her delivery. This is communist cant for the proles: don’t aspire to more than your hum-drum jobs, for you are serving the greater good (and your superior overlords). That’s not the American values system, or American culture, which encourages productive dissatisfaction, personal initiative, and determination to be better and do better.

2. I knew Harvard wouldn’t be able to duck the college admission scandal! Harvard has launched  an “independent investigation” into a series of suspicious events that occurred in 2016. Wealthy businessman  Jie “Jack” Zhaopaid inexplicably paid $989,500  for a home in the Boston suburbs that was valued at only $549,300.  Seventeen months later he sold that home for $665,000, for a loss of $324,000. Continue reading

Comments Of The Day: The College Admissions Bribery Scandal

This is a bit of a departure, a showcase for one of Ethics Alarms most active commenters (especially appreciated as the blog experiences boycotts, embargos, and Facebook blocking and other indignities), Michael R. The topic is the recent College Admission scandal, which has been covered here and here.

Michael, an educator, is well informed on this topic, and he shows it in three excellent Comments of the Day.  And I forgive him for never, ever, making a typo.

I.

The college scandal has many, many facets. What has caused standards to slip so low? Well, athletics obviously has a corrosive effect, with students admitted based on athletic ability instead of academic ability. The grade inflation has also greatly degraded college standards. The almost lack of education occurring in our high schools is another factor.

An overlooked factor, however, is the public higher ed systems’ oversupply of colleges. Public college policy has mainly been about votes and prestige, not actual societal need. This has resulted in a lot more colleges than the country actually needs. A typical example would be Local Community College. Well, the President of Local Community College would rather not be the laughingstock of the College President’s Club, so he petitions the state legislature to authorize his school to offer 4-year degrees. He states that his community deserves a 4-year school like (insert rival town here). This proposal is mainly decided on its political merits, not the needs of the state as a whole. It goes through, along with new funding for new facilities, new faculty, and more students for the Local State College. With all the Community Colleges becoming State Colleges, the presidents of the Regional State Colleges petition to become Regional State Universities. They point out the prestige and grant money they could get if they had graduate programs. This too, is granted based on political merit. The National Science Foundation is then pressured to remove funding from the traditional research schools and transfer it to the new State Universities amid allegations of elitism for favoring longstanding research schools with top-notch researchers over the new State Universities with no significant research results and they cave. Now, with no community colleges left, a new round of community colleges is constructed. This increases the number of seats for college students by 30% or so, but there are not more high school students graduating. This is repeated all over the country, so out-of-state students are not an option. The only reasonable option is to lower admissions standards. Once the admission standards are lowered, retention suffers and the faculty are ordered to improve retention and graduation rates. The only reasonable way to do this is to make the classes easier and the race to the bottom is on. Continue reading

Observations On “Operation Varsity Blues” [UPDATED!]

It is rare that an ethics story is the front page feature of the day, but the scandal that broke last nigh is certainly that. From the AP, on the results of the investigation code-named “Operation Varsity Blues”…

Fifty people, including Hollywood stars Felicity Huffman and Lori Loughlin, were charged Tuesday in a scheme in which wealthy parents allegedly bribed college coaches and other insiders to get their children into some of the nation’s most elite schools. Federal authorities called it the biggest college admissions scam ever prosecuted by the U.S. Justice Department, with the parents accused of paying an estimated $25 million in bribes.

More…

At least nine athletic coaches and 33 parents, many of them prominent in law, finance or business, were among those charged. Dozens, including Huffman, were arrested by midday.

Huffman, best known for “Desperate Housewives,” is married to celebrated actor William Macy (“Fargo”). Presumably he is going to be arrested too.

The coaches worked at such schools as Yale, Stanford, Georgetown, Wake Forest, the University of Texas, the University of Southern California and the University of California, Los Angeles. A former Yale soccer coach pleaded guilty and helped build the case against others.

Yikes. You can get all the details at The Atlantic, Esquire, The Stanford Daily, Chicago Tribune, Raw Story, The Week, Justice News, The Texas Tribune, Slate, SFist, Recode, Page Six, TechCrunch, TMZ.com and Fox News.

Ethics Observations: Continue reading