Sep 23 2008

California Supreme Court: restrained when it suits its political positions

Category: affirmative action,diversityharmonicminer @ 1:40 pm

An earlier post discussed the issue of Richard Sander’s attempt to get bar association records to evaluate the efficacy of affirmative action in law school admissions. It would seem that the California State Supreme Court, in an uncharacteristic display of judicial restraint, has decided not to consider Sander’s request for an order to release the records.

If UCLA law professor Richard Sander gains access to California Bar exam data for his own study on racial preferences, he’ll have to start somewhere other than the California Supreme Court.

Last week, that court denied Sander’s request for an order compelling the State Bar to cooperate with him. The justices didn’t rule on the merits of the request — which had been filed with the Supreme Court early last month — but rather indicated Sander should refile “in an appropriate court.”

This is, of course, a pure stalling action. They hope that Sander will just give up at some point, run out of money to pursue it, etc. They hope that somehow a resolution can be found for the matter that won’t require them to go on record as opposing public access to such records on the one hand, or appearing to support research that might undermine affirmative action on the other.

Our black robed masters are so courageous, whenever they can rule in favor of the extreme Left, but curiously gutless when it comes to upholding public access to what should be public records.  Of course, this is probably just a case of attorneys protecting attorneys, the jurisprudential version of professional ethics.

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Sep 20 2008

If you doubt the validity of affirmative action, you must be a racist

As usual, anyone who tries to scientifically study the actual effect of affirmative action is accused of racist motives.

In his 19 years as a law professor at UCLA, Richard Sander has pondered a nagging question: Does affirmative action help or hinder black people who want to become lawyers?

Two years ago, he published research suggesting that racial preferences at law firms might be responsible for black lawyers’ high rate of attrition and difficulty making partner. He hypothesized that, in the interest of promoting diversity, law firms sometimes hire black lawyers that are under-qualified, and that when there is a “credentials gap” between black and white lawyers at a firm, black lawyers often fail.

The research stirred debate throughout the legal community, and Sander said he was surprised at the vehemence with which people attacked his motives. A former Vista volunteer, fair-housing activist and campaigner for Chicago’s first black mayor, Harold Washington, Sander insisted he was simply trying to examine an important question.

Now the law professor has waded into another controversy. Sander says his goal this time is to examine whether law schools set up many affirmative action beneficiaries for failure by admitting them into rigorous academic environments in which they are ill-prepared to compete. He proposes to study almost 30 years of data on California Bar Association exam-takers. In the end, he hopes to explain why, as reported in a Law School Admission Council study in the 1990s, blacks are four times as likely as whites to fail the bar exam on the first try.

Continue reading “If you doubt the validity of affirmative action, you must be a racist”

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Jul 01 2008

Blocking the vote on affirmative action: strategy of the Left

Category: affirmative action,diversityharmonicminer @ 11:46 am

The essentially undemocratic intent of affirmative action/diversity supporters is on full display in Nebraska.

“The key to defeating the initiative is to keep it off the ballot in the first place. That’s the only way we’re going to win,” said Donna Stern, Midwest director for the Detroit-based By Any Means Necessary.

Continue reading “Blocking the vote on affirmative action: strategy of the Left”

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