diversity equity inclusion

From the Res Ipsa Loquitur Files: Flat Learning Curve at Harvard

/ Jack Marshall / 12 Comments

Two depressing items to diges in the apparently unstoppable decline of Harvard University: the headline was composed based on the first, but the second may be even more disturbing. (Incidentally, I feel I should apologize for presenting so many EA posts involving my alma mater —and that of my sister and father, and where my mother was briefly a dean. However, its decay and current crisis mode would be ethics fodder of the same import if I had matriculated from Podunk U.)

First, here is the main substance of the proud announcement I was gifted with over the weekend from Harvard’s interim president. Recall that Harvard’s recent fiasco was seeded by a leadership group and campus culture that prioritized “diversity, equity and inclusion” to such an extent that it elevated an under-qualified, academically devious dean who had been involved in woke debacles during her tenure to be the new university president, primarily on the basis of her career-long obsession with “diversity” (and her color and gender, naturally). Coming under just and vituperative criticism for both engineering Claudine Gay’s ascent and later, after she had proven herself unfit for the job, acting to cover-up the scandal until the pressure by donors and students became too intense, was the Harvard Corporation, an all-Democrat and progressive woke cabal that ironically lacked diversity itself in the areas of world view and thought. Behold the two new members of that body selected in the wake of the criticism:

“…We write to let you know that two accomplished alumni will join the Harvard Corporation in the coming months…

Ken Frazier, a 1978 graduate of Harvard Law School, is former chairman and CEO of Merck & Co… he has had a distinguished career as a practicing lawyer, first in private practice and later as Merck’s general counsel. Known for his dedication to expanding opportunity for others, he recently co-founded OneTen, a nonprofit coalition focused on expanding family-sustaining employment opportunities for people lacking a four-year degree with an emphasis on Black Americans....

…His many honors include the Anti-Defamation League’s Courage Against Hate Award (2020) “for using his platform to speak out on behalf of marginalized communities and serving as an exemplary role model for corporate leadership.”

…Joe Bae, a 1994 graduate of Harvard College, is co-CEO of KKR, a global investment firm…he has served on numerous boards, including institutions such as the Lincoln Center for the Performing Arts (current vice chair), Phillips Academy Andover (former trustee and chair of nominating and governance committee), the Asia Society, the Hong Kong Ballet, and the Nature Conservancy’s Asia Pacific Council. He is also a co-founder and board member of The Asian American Foundation (TAAF), which was established in 2021 to serve the Asian American and Pacific Islander community….Along with his wife, the novelist Janice Y. K. Lee ’94, he led a recent philanthropic drive to support an FAS initiative to expand education and scholarship in Asian American studies.

Frazier is black, and has concentrated on programs and initiatives assisting African Americans. Bae is Asian, and his focus has been substantially in the area of advancing the interests of Asian-Americans. Bae’s appointment is a pretty transparent reaction to Harvard’s losing the lawsuit by Asian-Americans who claimed they had been discriminated against by the school’s affirmative action policies, recent ruled illegal by the Supreme Court.

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From The “Eternal Vigilance Is The Price Of Liberty”: A Law Firm Is Caught Inflicting “Good Racial Discrimination” And Backs Down

/ Jack Marshall / 4 Comments

The scary part is that a major law firm really thought it would be legal to do this, or perhaps knew it wasn’t legal but thought it could get away with it anyway.

The law firm Morrison Foerster, based in San Francisco, was sued for excluding non-minority students from its so called “diversity fellowships,”described as a program for first-year law students who are members of “a diverse population that has historically been underrepresented in the legal profession,” such as black, Hispanic, Native American and LGBTQ+ individuals. The plaintiff in the suit was the American Alliance for Equal Rights (AAER), founded by same conservative activist who brought the lawsuits that resulted in the Supreme Court finally declaring affirmative action in college admissions what it had always been: unconstitutional racial discrimination.

A few weeks after the lawsuit was filed, the firm removed all references to race from the program page on its website, an implicit statement that “OK, you caught us. Never mind!” The program now is described as

designed to recognize “exceptional first and second-year law students with a demonstrated commitment to diversity and inclusion in the legal profession.” In other words, the firm is substituting viewpoint discrimination for racial discrimination.

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Ethics Dunce (But We Knew That): The American Bar Association

/ Jack Marshall / 21 Comments

The ABA’s House of Delegates this week approved a resolution urging law schools to give either academic credit or monetary compensation to their students who serve as editors of law reviews or other academic journals. This is right in line with the logic that has college football and basketball plantations paying their student athletes, who already are getting scholarships and often diplomas they couldn’t justify based on their academic skills. Paying or otherwise compensating students who serve as law journal editors is just as reasonable, which is to say that it isn’t reasonable at all. In fact, the proposed practice, which some law schools already embrace, is unethical.

Reuters, in its news article about the ABA’s most recent intrusion into matters they ought to steer clear of, inadvertently explains why this concept is wrong-headed. It notes that these positions are “sought-after credentials that can bolster a law student’s job prospects.” Exactly, which means that students would gladly pay the law schools to get them. Being appointed as a law journal editor is its own reward: why should the recipients be paid for it too? Indeed, if the ABA’s reasoning applies, why only the editors? The other members of the law journals staffs are also providing valuable services to the school, its alumni, and the legal profession. They should be paid as well, or, to put it another way, none of the law journal staff should be paid, including the editors, just as student athletes shouldn’t be paid.

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Ethics Quote Of The Week: Actor Richard Dreyfuss

/ Jack Marshall / 18 Comments

“Am I being told that I will never have a chance to play a black man? Is someone else being told that if they’re not Jewish, they shouldn’t play the Merchant of Venice? Are we crazy? Do we not know that art is art?…This is so patronizing. It’s so thoughtless and treating people like children.”

—-Actor Richard Dreyfuss, Academy Award-winner, lamenting the successful invasion of “diversity, equity and inclusion” into his profession and the movie industry.

Dreyfuss’s outburst was provoked when he was asked in an interview with PBS’s Firing Line about his opinion of the Academy of Motion Picture Sciences’ new DEI mandates, which will kick in for the 2025 Oscars. “They make me vomit,” the famously outspoken Hollywood liberal said. “No one should be telling me as an artist that I have to give in to the latest, most current idea of what morality is. What are we risking? Are we really risking hurting people’s feelings? You can’t legislate that. You have to let life be life and I’m sorry, I don’t think there is a minority or majority in the country that has to be catered to like that.”

The answers to Dreyfuss’s queries are, in order,

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Ethics Implications Of The Bar Exam First-Time Test-Taker Demographic Pass Rates

/ Jack Marshall / 18 Comments

The ABA Section of Legal Education and Admissions to the Bar released the 2022 ABA data on bar exam pass rates by race, ethnicity and gender. The DEI folks will NOT be happy.

There were 33,721 first-time bar exam hopefuls in 2022. 2,510 candidates were, and presumably still are, black. Their pass rate was 57% in 2022, down from 61% in 2021. Of all of the demographic groups, this was the worst rate. The rest:

  • Native Americans:  60% out of 183 candidates.
  • Hawaiians: 69% out of 45 candidates.
  • Mixed race:  74% out of 1,186 candidates.
  • Asians: 75% out of 2,199 candidates
  • Whites: 83% out of 21,553 candidates.

In the ever amusing gender categories, the breakdown was:

  • 80% for men
  • 79% for the, uh, creative gender identities
  • 77% for women 
  • 63% for those who did not disclose their gender.

The ABA standard for the minimum adequate law school pass rate for first time bar exam-takers is an average of 75% over two years.

Ethical implications:

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How DEI And Globalism Pollutes American Culture: The Bud Light Affair

/ Jack Marshall / 13 Comments

Even though Budweiser choosing a silly, female- (and male) mocking trans “influencer” to promote a product with a market base guaranteed to find the campaign offensive, it made sense to do it anyway. How? Why? The answer shows just how difficult it will be, and already is, for the United States to maintain its unique values, ethical, political and otherwise, in a global culture determined to force our outlying experiment in individual liberty into conformity.

That video above is from Refinitiv, a hugely influential international company I never had heard of before last week. It is an American-British global provider of financial market data and infrastructure, founded in 2018 as a subsidiary of London Stock Exchange Group. The company has an annual turnover of $6 billion with more than 40,000 client companies in 190 countries. Though it presumes to rank companies according to their “ethics,” it is a soul-less, ethics-free company itself. For example, Refinitiv bowed to pressure from China during 2019–20 Hong Kong protests, censoring over 200 stories by Reuters by removing them from its Eikon platform for consumers in Mainland China. The company then developed a “Strategic China filter” to block politically-sensitive stories from readers in Mainland China.

This is the company that Budweiser was submitting to by turning Bud Lite into a DEI pandering product. Refinitiv wields a powerful Diversity and Inclusion Index “designed to measure the relative performance of companies against factors that define diverse and inclusive workplaces.” Woke and “socially conscious investors, including institutional investors, rely on the index to make investment decisions. A declining or inadequate index can mean billions in lost investments.

Budweiser’s seemingly incomprehensible decision to do a complete 180 degree reversal in its public image was driven by slavish fealty to this made-up index, which has power because people and organization have chosen to give it power. In this it resembles the Southern Poverty Law Center, a left-wing advocacy group that can brand an organization as “racist” or as a “hate group” just by saying so. To Refinitiv’s world view, making a trans celebrity a spokesperson justifies gold stars and bonus points.

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No, This Is Not An April Fools Post. It Is A “Great Stupid” Post That I WISH Were An April Fools Post…

/ Jack Marshall / 16 Comments

The standard issue virtue-signaling woke gibberish above introduces Michigan State University’s “Strategic Plan,” which is more virtue-signaling woke gibberish. You can’t “empower excellence” if you “advance equity,” since equity now means “pay no attention to excellence or actual qualifications and ability, the goal is to make sure everyone gets to the same place.” That requires penalizing excellence, or hobbling it. The strategic plan itself is introduced with this consultant-speak blather: “We envision a Michigan State University that has significantly expanded opportunity and advanced equity, elevated its excellence in ways that attach vital talent and support, and has a vibrant, caring community. Our trajectory is positive, and our will is legendary. We can and will achieve more in the decade ahead.”

Ramalalama-ding-dong! But that’s not what prompts this post.

One of the ways MSU seeks to achieve its goals is by limiting WrongThink through the meticulous constriction of language using the excuse of, you guessed it, “Diversity, Equity and Inclusion.” On the MSU website, this is introduced by this self-contradictory, indeed Orwellian graphic:

Oh.

What????

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Incompetent Punditry, Irresponsible Paper: The Boston Globe Publishes An Op-Ed Called “DEI Denial Is The Modern Day Lynching”

/ Jack Marshall / 5 Comments

It really did.

There may have been equally dumb headlines and op-ed pieces, but I can’t imagine what a worse one would be. This is what I get for being a Red Sox fan: the Boston Globe used to have the best baseball coverage in the U.S. back when I was still in Boston, so I return to it periodically when the baseball season looms. This was my reward: an example of deranged, arrogant, dissent-demonizing wokism that should never have been published, and wouldn’t be by a responsible newspaper, if there were such a thing any more.

Criticizing the cynical Diversity/Equity/Inclusion fad that was one of the many mutations of policy and logic to ooze out of the George Floyd Freakout is the equivalent of murdering innocent black men in the Deep South! Of course! What a brilliant analogy! Or perhaps it is more like…let’s see… making a Nash Rambler model out of clubroot and old Silly Putty?

The author of this brain-rotting garbage is Ya’Ke Smith , an associate professor of film at the University of Texas at Austin. Doesn’t that background just scream out: “public policy expert”? The silly rant signals repeatedly that it is just passionate woke nonsense unhinged to facts. For example, he writes, “the execution of George Floyd in Minneapolis.” That’s signature significance: no honest writer or one who cares at all about facts, history, law and reality would write that. Floyd was not by any measure intentionally killed, so he cannot have been “executed.” If I wasn’t obligated to cover terrible punditry and journalism ethics here, I wouldn’t finish reading an essay that characterized Floyd’s death that way. Anyone who would do that is a liar or an idiot, or both.

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Comment Of The Day: “Stanford’s Disgraceful DEI Dean Throws Down The Guntlet…NOW Will Stanford Fire Her?”

/ Jack Marshall / 3 Comments

EA has featured a lot of posts about the Stanford Law shout-down of a conservative federal judge and the school’s “DEI” dean’s complicity in making certain that he did not get a fair opportunity to deliver his remarks. It is, I believe, quite possibly a tipping point regarding many important cultural issues, including Leftist censorship, the decline of higher education ethics and academic freedom, the corruption of the legal profession, and most of all, the toxic influence of the “diversity/equity/inclusion” cult to undermine core societal values in the U.S. The mainstream news media is doing its best to keep the story and its implications far from the consciousness of the average member of the public.

Glenn Logan has offered a helpful Comment of the Day which analyzes Stanford Law School Associate Dean for Diversity, Equity, and Inclusion Tirien Steinbach’s defiant and telling op-ed in the Wall Street Journal. Glenn is one of many experienced bloggers in the Ethics Alarms commentariat, and at times like these it shows.

Here is Glenn’s Comment of the Day on the post, “Stanford’s Disgraceful DEI Dean Throws Down The Guntlet…NOW Will Stanford Fire Her?”

***

Steinbach wrote: “Regardless of where you stand politically, none of this heated exchange was helpful for civil discourse or productive dialogue.“

True, but only because one side decided the right way to deal with debating controversial issues was to make sure that the other side of the debate could not be heard without wading through repeated ad hominem attacks and invective.

At no point does Steinbach recognize that the students were driving the lack of civility. It is also true that the judge’s remarks at certain points crossed the line, but he was under constant attack to the point that he was unable to deliver a coherent presentation. Steinbach either does not recognize these facts, or is okay with them. Based on her prepared remarks, the latter seems to be the betting favorite.

So how can this possibly square with her implied desire for civil discourse? Easy — discourse can only be civil when it’s hers, or she agrees with it, or it is had on her terms.

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A Diversity Ethics Conundrum: Is It Plausible That Phil Washington Is Qualified To Head The FAA?

/ Jack Marshall / 13 Comments

Phil Washington, President Biden’s nominee to head the Federal Aviation Administration, apparently knows absolutely nothing about aviation. He is black, however, and the Biden Administration has made it quite clear that that feature, virtually all by itself, can make an individual fully qualified for difficult and important government positions without any other indicia of special competence. [See: Karine Jean-Pierre, Kamala Harris et al.] In his testimony before Congress last week, Washington did not exactly dazzle with his answers to questions related to America’s civil aviation system. Senator Ted Budd (R-NC) received these responses to seven questions about basic aviation (in baseball terms, Washington was 0 for 7):

Budd: “What airspace requires an ADS-B transponder?”

Washington: “Not sure I can answer that question right now.”

…

Budd: “What are the six types of special use airspace that…appear on FAA charts?”

Washington: “Sorry, senator, I cannot answer that question.”

…

Budd: “What are the operational limitations of a pilot flying under BasicMed?”

Washington: “Senator, I’m…not a pilot.”

Budd: “But, obviously you’d oversee the Federal Aviation Administration, so any idea what those restrictions are under BasicMed?”

Washington: “Well, some of the restrictions I think would be high blood pressure some of them would be…”

Budd: “It’s more like how many passengers per airplane, how many pounds, and different categories, and what altitude you can fly under, and amount of knots — it’s under 250 knots — so, it’s not having anything to do with blood pressure.”

…

Budd: “Can you tell me what causes an aircraft to spin or to stall?”

Washington: “Again, senator, I’m not a pilot.”

…

Budd: “What are the three aircraft certifications the FAA requires as part of the manufacturing process?”

Washington: “Again, what I would say to that is that one of my first priorities would be to fully implement that Certification Act and report…”

Budd: “You know the three types?”

Washington: “No.”

Budd: “That’s type certificate, production certificate, and airworthiness certificate. Let’s just keep going and see if we can get lucky here. Can you tell me what the minimum separation distance is for landing and departing airliners during the daytime?”

Washington: “I don’t want to guess on that, senator.”

…

Budd: “Are you familiar with the difference between Part 107 and Part 44809 when it comes to unmanned aerial standards?”

Washington: “No, I cannot, uh, spell that out…”

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