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Politics : I Will Continue to Continue, to Pretend.... -- Ignore unavailable to you. Want to Upgrade?


To: Sully- who wrote (171)1/5/2004 10:07:58 AM
From: Sully-  Respond to of 35834
 
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To: Sully- who wrote (171)1/5/2004 10:13:33 AM
From: Sully-  Respond to of 35834
 
Affirmative Approach
washingtonpost.com

By William Raspberry

Monday, January 5, 2004; Page A17
<font size=4>
"We expect that 25 years from now, the use of racial preferences will no longer be necessary . . ."

-- Justice Sandra Day O'Connor

Twenty-five years ago, that prediction -- contained in O'Connor's majority opinion in the recent University of Michigan affirmative action case -- might have seemed unremarkable. It was widely accepted that while racial preferences might be necessary for a time, they were a stopgap -- a way of fast-tracking a critical mass of black Americans into the middle class.

I recently asked my black students at Duke University how long they thought racial preference would be necessary. To my amazement, several of them answered, in essence, "Forever."

What -- perhaps over-extrapolating from a tiny sample -- could account for this new pessimism?<font size=3> Two things, I suspect. First, we black Americans have changed our measure of success. A quarter-century ago, we looked to the achievable goal of a substantial decrease in racial discrimination. Today, we look to the far more difficult goal of eliminating racism.

The second, though less certain in my own mind, is that because their elders and advocates insist on racial preferences as a policy far into the future, our young people may be internalizing a sense of inferiority. They respond by displacing the responsibility for their shortcomings to the white-dominated society. But the implication is that we are permanently damaged goods, in permanent need of special concessions.
<font size=4>
What I find worrisome is that we aren't thinking about other ways of looking at these matters. We assert, more as political posture than realistic hope, that we will find a way to maintain racial preference in some guise.
<font size=3>
But suppose O'Connor is right -- that 25 years from now, the use of racial preferences won't be necessary. What would opportunities for black Americans be like without affirmative action? What will be necessary to accomplish in the meantime?

Lisbeth B. Schorr takes that question head-on in an article in the current issue of the American Prospect. "By assembling existing knowledge, deepening it and scaling up from current isolated successes," Schorr writes, "our society could make a long-term commitment to action . . . so that minority college applicants of 2028 would be educationally so well-equipped that they would not need the extra help of racial preferences."

The approach she has dubbed "The O'Connor Project" calls on America to act to eliminate racial disparities in birth outcomes, school readiness, opportunities offered in the years before college, opportunities for transition to healthy young adulthood and opportunities for families to give their children a good start in life.

These may not be the right priorities, though I don't doubt that several of them are. Indeed, most of the advocates of reparations for slavery, when asked how they would spend the money if, by some miracle, it became available, answer with a list much like Schorr's.

But with this difference. The reparations advocates tend to devote their brainpower to proving their case rather than to designing programs. Schorr, an authority on successful social antipoverty programs, comes at it from the perspective of what we ought to do.

Nor does she flinch from the cost. She estimates that an "O'Connor Project" s would cost between $110 billion and $125 billion a year -- not including the cost of universal health care, which she also believes necessary.

Again, I don't vouch for Schorr's numbers any more than I endorse the entirety of her approach. But I have no doubt that this is what we ought to be talking about, arguing about and planning about.
<font size=4>
We need, in short, to reassert our responsibility for our children's success and not merely look for villains to blame for their failure. We need to devote as much of our collective intellectual and political power to improving our children's education as we devote to opposing vouchers.

And our children, seeing the energy, enthusiasm and optimism with which we approach their future, might decide that they're not hopeless after all.
<font size=3>
willrasp@washpost.com

© 2004 The Washington Post Company



To: Sully- who wrote (171)1/7/2004 1:06:44 PM
From: Sully-  Respond to of 35834
 
Affirmative action bake sales made real:
Eugene Volokh
<font size=4>
I bet you thought the campus "affirmative action bake sales," in which anti-race-preferences students sold cookies for a high price to white and Asian students, and a lower price to black and Hispanic students, were just a way to make a political point. It turns out that this is happening in earnest, with much more money at stake. Here's a Washington Post article (emphasis added):

Consider the recent federal court settlement of a class-action suit involving a large and prominent savings bank that is an active player in the mortgage market nationwide.
Under the $1.2 million settlement in U.S. District Court in Indianapolis, the lending institution -- Flagstar Bank of Troy, Mich. -- admitted "no wrongdoing, liability or improper conduct."
<font size=5>
But its internal loan pricing instructions distributed in
writing to loan officers explicitly required them to
charge different fees to different racial groups.

What is unusual, though, is that the instructions required
loan officers to limit the fees they charged black and
Hispanic home buyers while allowing higher fees to be
charged to white borrowers.
<font size=4>
Here is what Flagstar's "Revenue Per Loan Procedure" policy required of loan officers:

• Minority home buyers could be charged no more than 3 percent in loan origination fees or "points," but white applicants could be charged up to 4 percent.

• Loan officers whose "revenue per loan average" from mortgages made to minority applicants exceeds their "non-minority [white] average" will be subject to disciplinary actions, including probation and termination.

• "Non-minority will be defined as any borrower who is determined on the loan application to be white, not of Hispanic origin." . . .

A Flagstar spokeswoman declined comment on the settlement, noting that the company has a policy against discussing litigation.

However, the lawyer for the plaintiffs, Amy Ficklin DeBrota of Indianapolis, said the bank's loan pricing policy -- initiated in May 2001 and discontinued at the end of January 2002 -- resulted in higher mortgage fees being paid by approximately 1,000 white mortgage borrowers. The affected borrowers will receive refunds and non-economic damage awards from the proceeds of the $1.2 million settlement. The lead plaintiff will receive $10,000. . . .

DeBrota believes that while racial preferences in mortgage lending may appear to favor one group over another, the reality is that "it is a lose-lose situation." Those charged lower fees can also be harmed, she argues, "because it creates a disincentive to lend to them." When loan officers stand to earn less from one category of borrowers than another, they will naturally tend to emphasize making loans to clients who will bring them the highest fees and income -- white borrowers, in this case.
<font size=5>
The irony behind the Flagstar loan pricing policy? Though
not confirmed by Flagstar, DeBrota said the dual-standard
loan fee policy originally was put into place as a way to
avoid any appearance of discrimination against black and
Hispanic borrowers.
<font size=4>
Auditors from the federal Office of Thrift Supervision had warned the bank about a possible pattern of higher fees to minority applicants, DeBrota said. The resulting policy instruction to loan officers -- the "Revenue Per Loan Procedure" -- had a subtitle: "Monitoring Fair Lending Practices."
<font size=5>
The way to achieve fair lending for minorities, in other
words, was to enforce a policy of higher-fee lending to
non-minorities. .
<font size=3>
volokh.com



To: Sully- who wrote (171)1/13/2004 2:28:16 PM
From: Sully-  Respond to of 35834
 
Woman who challenged U-M's admissions policy to lead ballot petition drive

By David Runk / Associated Press Detroit News

FARMINGTON HILLS -- One of the plaintiffs in the University of Michigan affirmative action cases said Monday she would lead an effort to seek a ballot initiative that would ban racial preferences at universities and other public agencies.

Jennifer Gratz, who challenged Michigan's undergraduate admissions policies in a lawsuit, will serve as executive director of the Michigan Civil Rights Initiative. Gratz, who is white, was a Michigan resident with good grades and other qualifications when she was rejected at the flagship Ann Arbor campus. She since has graduated from another college.

The MCRI wants to gather enough signatures to get a state constitutional amendment banning racial preferences on the November ballot.

"Policies that classify people and divide people by race and gender ... is what is truly divisive," Gratz said as the group kicked off its petition drive at a news conference in this Detroit suburb.

About a dozen opponents of the proposed amendment rallied outside the site of Monday's news conference, saying it would dismantle much-needed affirmative action programs in higher education and government.

Those who want to ban racial preferences in Michigan announced their effort to get the issue on the ballot after the Supreme Court in June decided to uphold a general affirmative action program at the University of Michigan law school, but struck down the undergraduate school's formula of awarding points based on race.

Last month, the Board of State Canvassers approved the petition forms. Supporters of the proposed constitutional amendment need to gather 317,757 signatures by July 6 for the measure to appear on the ballot.

A group called Citizens for a United Michigan, a coalition including religious, civil rights and business leaders who oppose the initiative plan, has formed to fight the measure. That group planned to detail its efforts Tuesday in Lansing.

"It will be divisive. It will open old wounds," Michael Rice, the head of the citizens group, said of the initiative. "If it passes, there will be consequences. These consequences will not be good for us."

On the Net:

Michigan Civil Rights Initiative, mcri2004.org



To: Sully- who wrote (171)1/21/2004 5:38:57 PM
From: Sully-  Respond to of 35834
 
No holiday from race-card journalism.
Got MLK?

— Roger Clegg is general counsel of the Center for Equal Opportunity in Sterling, Virginia.

Observations on various news stories connected with this year's Martin Luther King Jr. Day:

1. In many stories and columns, supporters of racial preferences took to task their opponents for quoting the famous line in King's "I Have a Dream" speech, about how he hoped one day his children would be judged not "by the color of their skin but by the content of their character." King would have supported racial preferences, say the proponents of affirmative action.

I've never seen persuasive evidence of this, but even if that's true, so what? It's as if bigots were to claim that black people were barred from quoting the Declaration of Independence, because when Jefferson wrote "all men are created equal" he had slaves. The answer in both cases is that the principle so eloquently stated has a transcendent truth greater than any narrow historical context.

2. The Washington Post ran a story on MLK Day about local criticism of a statue of King erected in Rocky Mount, North Carolina. The basic problem seems to be that the statue is thought by many to be an imperfect likeness of King — as if this is not a problem with many statues and portraits.

But, of course, race has to rear its ugly head, and the critics claim that if the sculptor, who was white, had been black then the results would have been better. "This thing looks like a black slave," said one unhappy member of a committee reviewing the statue, which shows King "in a suit and tie, with his arms folded across his chest," which I guess is a typical slave pose. Of course, the people of nearby Charlotte don't like their King statue either, but it was inconveniently sculpted by a black woman.

3. Back to affirmative action, the New York Times had an article over the holiday weekend entitled "Blacks and Latinos Try to Find Balance in Touchy New Math." Early on, it quotes one visitor to a Black Entertainment Television webpage as complaining, with admirable candor, that "Blacks are beginning to experience another wave of racial bias and favoritism not in our favor." But of course such friction is inevitable in a system where winners and losers are picked on the basis of — dare I say it? — the color of their skin rather than, etc.

A few weeks ago, by the way, the Washington Post ran a half-page ad for its 2004 Urban Journalism Workshop with a big headline: "Attention Minority High School Students." The text of the ad stated, "The program is not limited to minority students, but special emphasis is placed on participation by African-American students." So, I asked the contact people, does this mean that applicants are ranked with blacks at the top, followed by other "minorities" (Latinos, Asians, American Indians, perhaps Arabs), and then whites? Couldn't get a straight answer.

4. Bush's recess appointment of Charles Pickering to the U.S. Court of Appeals to the Fifth Circuit was criticized over the weekend by the usual suspects, of course, but Wesley Clark creatively tied it in with the MLK Day, according to the Post, "assailing [President Bush] for visiting King's grave last week, then having the 'audacity'" to appoint Pickering, whom he called "anti-civil rights, anti-voting rights, anti-justice." What Pickering is anti, of course, are specious lawsuits, racial gerrymandering, and unjust sentencing (on the latter, see Byron York's NRO piece). But for his critics, that's not only close enough, it's the same thing.

5. Last and least, the always unreliable Civil Rights Project at Harvard University has come out with its latest study. These white-lab-coat-scholars produced their latest tract, "Brown at 50: King's Dream or Plessy's Nightmare?," just in time for MLK Day and the media's desire for stories with that news hook. The gist of this report is, according to project director Gary Orfield, that U.S. public schools are becoming increasingly segregated, so that "we are back to [where we were] when King was assassinated."

Come on. Under segregation, minority students were told that because of their race they had to go to minority-only schools and could not go to the schools attended by whites. Name me one school — just one school, anywhere in the country — that fits that description, Professor Orfield. He can't, because there aren't any, and that is an enormous triumph, but one that Civil Rights Project will never acknowledge because then its reason for being, and its funding, would end.

What Professor Orfield is complaining about is not segregation, but imperfect racial balancing, and of course the only way to bring schools into the kind of politically correct balance that he wants is not by ignoring students' skin color, but by using it to sort, assign, and bus them.

There are a few other problems with the report, too:

Orfield, as usual, uses his patented "Index of Exposure" to find racial imbalance, but this is a flawed measure, as explained by Abigail and Stephan Thernstrom in their recently published No Excuses: Closing the Racial Gap in Learning; they conclude that "minority students are not becoming more racially isolated; white students typically attend schools that are much more racially and ethnically diverse than 30 years ago, and the modest decline in the exposure of black and Hispanic children to whites is solely due to the declining share of white children in the school age population";

A key Orfield premise is that more racial-balance means better education, but, to quote two other leading experts in this area, David Armor and Christine Rossell, "there is not a single example in the published literature of a comprehensive racial balance plan that has improved black achievement or that has reduced the black-white achievement gap significantly";

Orfield blames poor education on a lack of money, but the Thernstroms demonstrate conclusively that this is wrong, too;

He blames the Supreme Court for releasing schools from busing orders once they had ended segregation, as if there could possibly be any legal justification for judges' permanently running school districts;

The report laments that "non-English speaking Latinos tend to be segregated in schools with each other"; does this mean that Professor Orfield has joined ranks with those who criticize bilingual education, and insist on rapid immersion, for such students?;

"The increase in Latino segregation is particularly notable in the West"; but all this means is that, especially when there are high levels of immigration, those immigrants will tend to live near one another and, thus, go to the same schools — hardly a sinister phenomenon; and

Orfield implies that the reason Asian students are the "most successful" is because they go to school with so many whites, which I — with a spirit of reconciliation befitting MLK Day — will charitably call silly, rather than racist.

nationalreview.com



To: Sully- who wrote (171)1/27/2004 4:21:56 PM
From: Sully-  Respond to of 35834
 
Putting Them to the Test

The head of the UC Board of Regents wants low SAT scorers -
- even his own sons -- kept out of the system. Hardship
doesn't matter, he says.

By Alan Zarembo
LA Times Staff Writer

January 27, 2004

SAN DIEGO — When it came time for college last year, John J. Moores encouraged his twin sons to aim low.

"I'm fairly indifferent about college for a lot of kids," said Moores, chairman of the University of California Board of Regents. "I don't think it's all that important."

The boys were more suited to the football field than the classroom, Moores said. They would have no place at UC.

Neither would thousands of other students already there, if he had his way.

Rarely has the question of who gets admitted to UC been more pressing. The college-age population in California is growing rapidly, but budget cuts proposed by Gov. Arnold Schwarzenegger would mean a 10% reduction in the size of next year's freshman class.

Moores knows whom he would reject: the applicants with sub-par SAT college board scores. He alleges that top campuses have been admitting them in the name of racial diversity — and in violation of a state ban on race-based affirmative action. He sympathizes with students who grew up without advantages. But by college, he said, it is usually too late to learn basic skills.

"Some folks, God bless 'em, believe that success is getting their favorite underrepresented minority group into the University of California, not making sure that the favorite underrepresented group is prepared for the university," Moores said.

He accuses university outreach programs of unfairly planting dreams of Berkeley in the minds of poor minority students at underachieving high schools. He'd rather spend the money on improving their elementary education.

His view puts him at odds with many in the public university establishment. But at 59, Moores — wildly successful entrepreneur, philanthropist and owner of the San Diego Padres — seems to relish the role of the plain-spoken contrarian.

His own life is full of contradictions.

He counts former Democratic President Jimmy Carter as a close friend and his "all-time hero," yet he is also an ally of Ward Connerly, a leading foe of affirmative action.

He has given more than $250 million to charity — and a smaller fortune to politicians — but not long ago made the Fortune magazine list of "greediest" executives for cashing out $611 million in stock in Peregrine Systems Inc., his San Diego-based software company, mostly before it became known that the company had dramatically overstated revenue. Moores said he knew nothing about the problems because he was relying on audits provided by the now defunct Arthur Andersen accounting firm.

He professes deep interest in higher education, and eagerly accepted his 1999 appointment to the Board of Regents by then-Gov. Gray Davis. But college was a sideshow in his own rise from Texas poor kid to California powerbroker.

Raised in Corpus Christi, he and his two brothers shared a room in a converted garage. With profits from a paper route, he helped buy a car for his stepfather, a newspaperman and musician.

He "always said he was two weeks away from bankruptcy at any time," Moores recalled.

In school, Moores "could do his homework in the backseat of the car on the way home," recalled his younger brother Barry, a retired optometrist. Their parents never pushed them toward college. "They didn't have any college," said Barry Moores, "and it wasn't a big deal for them."

John, however, scored "1400 or 1500" out of a possible 1600 on the SAT, he said, and enrolled at Texas A&M University in 1962 with Becky Baas, his high school sweetheart and future wife.

He left school before graduating to join IBM as a programmer. "I got more out of that than 100 years of college," John Moores said. Eventually he earned economics and law degrees at the University of Houston, all the while working full time at IBM and then Shell Oil Co.

He now considers law school "a boneheaded move," since he was never interested in practicing. But he said his professors left a lasting impression on him: They lamented that standards for minorities had been lowered so significantly that some "simply couldn't get the job done."

Moores ultimately turned his programming skills into big money. In the late 1970s, he wrote a groundbreaking code that condensed data flowing to computers. In 1980, he started BMC Software Inc. to market the program with $1,000. Twelve years later, he cashed out his shares in the Houston company for $400 million.

Money bought him cars, vacation homes, new software companies and, in 1994, the Padres. He set up trust funds for two dozen or so relatives, making them "financially independent" for life.

His charitable giving began in the late 1980s, with $50 million to the University of Houston for a music school and sports programs and $25 million to start a foundation to distribute a drug for river blindness, a Third World disease.

Moores, who displays a portrait of Carter behind his desk, has given tens of millions of dollars to the ex-president's charity, the Carter Center, to fight tropical diseases.

"There's not a more generous or incisive or sensitive philanthropist with whom I'm familiar," said Carter. The two men talk often and have fished together on two continents.

Richard Lerner, president of La Jolla-based Scripps Research Institute, said it is not uncommon for Moores, who is on the board of trustees, to drop in, pick up a golf club for a practice swing and ask how he can help. The next day a check arrives.

Moores seems to have lost track of his own generosity. Asked to catalog some of his charity to basic education, he said: "I gave a million bucks to the San Diego school district for some kind of program, a million bucks to UCSD to found a charter school, a fair amount of money in Houston for one school program or another. Geez. There's another charter school here in town that I think I've given money to. Not as much as a million bucks. A smaller number. But I like schools."His foray into the dicey politics of affirmative action confounded people who knew him as a big booster for Democrats — in California and nationwide.

"Something is gnawing at him," said Barry Munitz, a former chancellor at the University of Houston, where Moores once served as a regent. Munitz later served as chancellor of the California State University system and now is president and chief executive of the J. Paul Getty Trust.

Moores had just arrived in California to take over the Padres when he gave $100,000 to fight Proposition 187, the 1994 Republican-backed measure that sought to deny state benefits to illegal immigrants. The measure passed, but was invalidated by a federal court.

And he was one of the largest donors to Davis' 1998 gubernatorial campaign, giving $200,000. Two months after taking office, Davis made Moores a UC regent.

But in 1998, Moores also changed his registration from Democrat to "does not specify." He said he had become disenchanted with the party for what he perceived as a leftward shift.

Though he gave $100,000 to fight the recall of Davis last year, he said he voted for Schwarzenegger, the victor. Last month, at a fundraiser for the new governor, Moores and his wife each gave the maximum allowable individual donation, $21,200.

"He's a centrist," Moores said of Schwarzenegger. This year, he said, he may back the reelection campaign of President Bush — whom he opposed in his earlier runs for Texas governor and president.

Despite his opposition to Proposition 187, Moores does not toe the Democratic party line on the politics of race.

He was among three of 26 UC regents to vote against comprehensive review, which allows the consideration of various nonacademic factors — including hardship — in its admissions decisions. He mocks the policy as "compassionate review" — "inherently unauditable" and "open for a lot of mischief."

He said he abstained from voting on Proposition 209, the successful 1996 ballot measure that barred consideration of race in hiring for state jobs and admission to public universities. In principle, he favors giving the edge to minorities when two applicants are roughly equal. But he said he fundamentally believes in meritocracy.

Moores is an ally of Proposition 209's sponsor, Connerly, a maverick fellow regent.

Some Latino leaders in San Diego protested after Moores held a $750-a-couple fundraiser in 2002 for another Connerly cause, Proposition 54, which sought to prevent the state from collecting most racial data. The measure was defeated last November.

One day last month, Moores strode around the nearly completed ballpark that San Diego is helping the Padres build. He sat in one of the $270 seats behind home plate to take in the view.

When the park opens in April, it will represent a victory for Moores, who weathered six years of taxpayer lawsuits and an ethics scandal to get it built with the help of more than $300 million in public funds. In 2001, Valerie Stallings, a San Diego city councilwoman who had supported the bond, pleaded guilty to two misdemeanors for failing to report gifts she received from Moores. Stallings, who resigned from the council and was fined $10,000, admitted receiving several plane tickets, baseball memorabilia, $200 toward a camera and various meals. Moores also arranged for her to participate in an initial public offering for Neon Systems Inc., a company in which Moores is the major shareholder — a deal that netted her more than $11,000.

The U.S. attorney investigated Moores but did not file charges. The case was turned over to the San Diego district attorney, who also declined to press charges.

Moores said he and Stallings had become friends when she was battling breast cancer and that he had no intention of influencing her votes.

At the time, he had bigger worries.

In 1997, Moores had begun selling off his stock in Peregrine Systems, where he was chairman of the board. As he was selling his final shares, the company's value tanked on news of accounting irregularities. Shareholders who lost hundreds of millions of dollars filed civil suits — still tied up in court — seeking damages from Moores and Peregrine. Three executives pleaded guilty to fraud and are cooperating in a federal investigation.

Moores, who left the company in February, is not a target of the probe.

For Moores, the criminal investigation and civil suits were serious matters, but they did not distract him from what was becoming a growing passion.

For months, he said, parents from Torrey Pines High School, where his twin sons were seniors, and fans at ballgames were complaining that their well-qualified children were being rejected by top UC campuses.

"The noise level was quite high," Moores said.

Skeptical that the university — "the mother of all bureaucracies," he calls it — could answer his concerns, Moores launched a private inquiry in April.

With the help of a UCLA graduate student, he chose to focus on Berkeley. He estimated he spent 1,000 hours over five months on the project.

His report, released in October, pointed out that in 2002, 374 students were admitted to UC Berkeley with SAT scores of 1000 or lower while 3,218 applicants who scored above 1400 were rejected.

Though his report did not mention race, he said that "Berkeley has let in large numbers of under-qualified students to make the university look just a whole lot better on meeting some sort of — I think illegal — racial or ethnic quotas."

Moores cannot unilaterally impose his ideas, but the report added fire to an ongoing review of admission practices. The Berkeley chancellor accused Moores of irresponsibility. UC officials argued that Moores overvalues SAT scores, which they said correlate more closely to socioeconomic status than to performance in college.

Carter suggested that Moores' attack on the admissions system was motivated by his desire to uphold the state ban on affirmative action. "I don't think that would indicate any lack of concern on the part of John for minorities," the former president said. "I think his feeling is that both the wealthiest students and maybe also the poorest students would be best served in a venue within which they can perform best."

In Moores' view, admissions should be based almost entirely on grades and SAT scores. "I don't give a damn whether the freshman class is all Asian, if it's all white, if it's all black, or if it's all brown," Moores said.

Neither of Moores' twins, Eddie and Earl, topped 900 on the SAT, well below average.

Moores chalked up their performances to their upbringing before he and his wife adopted them six years ago. In sharp contrast to the Moores' two biological children, now in theirs 30s, the boys had lived in poverty and often played hooky. When he looks at his sons, he doesn't see scholars but "professional football players." Both are 6 feet 5 and weigh more than 330 pounds.

"These are the most wonderful kids the world has ever seen," Moores said. "I love them so much there is no way in hell I'd ever let them go to Berkeley. They would have no business doin' it."

The sons agreed. "I was more focused on football," Earl said.

Earl has since been admitted to the University of Arizona, where he is on the football team. Eddie has been hired by Time Warner as a cable installer.

For all the time college football players devote to training, memorizing the intricacies of the playbook and juggling practice with the demands of academics, they should earn a degree, Moores said, adding, "It's as meaningful as a lot of majors."



To: Sully- who wrote (171)2/3/2004 12:08:12 AM
From: Sully-  Respond to of 35834
 
Terrific column from "National Journal." Hoist Teddy on his own petard. - From: LindyBill

Ted's Excellent Idea: Disclosing Admissions Preferences

OPENING ARGUMENT
By Stuart Taylor Jr., National Journal
© National Journal Group Inc.
Monday, Feb. 2, 2004

Sen. Edward Kennedy of Massachusetts and other Democrats want to require universities that take federal money to disclose detailed statistics on the economic status and race of the alumni relatives they admit. The purpose is to dramatize that affluent whites are the main beneficiaries of "legacy" preferences and pressure universities to end them.

Shedding light on favoritism toward alumni relatives is the right thing to do. But why stop there?

This is a fine idea. Legacy preferences are unmeritocratic, unfair, inherited privileges -- "a birthright out of 18th-century British aristocracy," in the words of Sen. John Edwards, D-N.C. -- for people like Ted Kennedy of Harvard and George W. Bush of Yale. And while legacy preferences may bring in enough alumni gifts to enable some private universities to provide more help for less-affluent students, it is the public universities that would feel the most pressure from voters to end such preferences. Kennedy's bill, filed in October, would also require universities to disclose data concerning early-decision programs, which also favor affluent students, who don't need to shop for the best financial-aid deals.

I do have an amendment to suggest. It is akin to a proposal by Peter Kirsanow, a Bush-appointed member of the U.S. Commission on Civil Rights, writing in National Review Online last November: <font size=4>Why not require publicly funded universities to disclose detailed data about all of their preferential-admissions programs? This would shed light on who benefits and who does not, on the nature and magnitude of the preferences, and on how much they compromise academic standards. The questionnaire could go something like the following.

Please provide data showing:

Any preferences in admissions or financial aid based on family relationships with alumni, alumnae, or donors; status as a recruited athlete; state or region of residence; economic status; or membership in any racial group, disaggregated into specific groups.
<font size=3>
For each preferred category, and for each racial group of applicants, (including unpreferred racial groups): all written and unwritten policies as to the weight given to the preferred characteristic; the median high school grade point average and SAT (or ACT) score; and the percentage admitted.

For each preferred category and each racial group of admitted applicants: the percentage receiving financial aid, median amount received, and median family income, to the extent available; the numbers of Caucasians, Asians, Hispanics, African-Americans, and Native Americans; the median high school GPA and median SAT (or ACT) score; the median college GPA of enrolled students; and the percentage who graduate within six years.

Such disclosure would provide a wealth of information for voters trying to assess how universities are using public money and for students deciding where to apply and enroll. <font size=4>It would make clear how many get in as "legacies," and how big a preference they get. It would detail the dismal academic performance and graduation rates of many recruited athletes. It would dramatize how few disadvantaged and working-class students of any race are served by our top colleges.

It would also expose the stunning magnitude of the racial preferences -- which are far greater than the legacy preferences -- used by all (or almost all) selective institutions, and who benefits from them. For that reason, my amendment would be anathema to Kennedy and other advocates of racial preferences. They know that greater public awareness may be the only obstacle to the perpetual entrenchment of racial preferences in all walks of American life, now that the Supreme Court has broadly upheld their legality.
<font size=3>
Dozens of surveys over three decades have consistently shown that more than two-thirds of Americans -- and, in many polls, lopsided majorities of African-Americans -- oppose racial preferences. (Polls show much greater support for "affirmative action," but the reason is that that phrase can be read as including aggressive enforcement of anti-discrimination laws, recruitment, and outreach efforts.) <font size=4>On no other issue have elected officials and establishment leaders succeeded in implementing so pervasively a policy that the public rejects so overwhelmingly.

What accounts for this success? A large part of the explanation is that racial preferences have lived on lies and on concealment of how "affirmative action" actually works. This obfuscation has lulled into quiescence voters who might well be outraged were they fully informed. The news media typically give a misleadingly benign aura to racial preferences by portraying them, inaccurately, as boosts for the underprivileged and by obscuring the way they operate as double standards that discriminate systematically against whites and Asians and in favor of less-academically-qualified applicants who are, in many cases, more affluent.

Most Americans don't realize that the racial preferences at the University of Michigan Law School, upheld by the Supreme Court last June in Grutter v. Bollinger, are worth more than 1 full point of college GPA -- catapulting black and Hispanic applicants with just-below-B averages over otherwise similar whites and Asians with straight A's. Or that the average SAT scores of the preferentially admitted black students at most elite colleges are 150 to 200 points below the average white and Asian scores. Or that this SAT gap understates the academic gap, because black students do less well in college, on average, than do white and Asian classmates with the same SAT scores. Or that most recipients of racial preferences, unlike most legacies, end up in the bottom third of their classes and have far higher dropout rates than other groups. Or that, according to a study of 28 highly selective colleges by two leading supporters of preferences, some 85 percent of preferentially admitted minorities are from middle- and upper-class families.
<font size=3>
The transparency that I, and Kirsanow, propose might not sit well with Justice Sandra Day O'Connor, either. She wrote the 5-4 majority opinion in Grutter while at the same time joining the four Grutter dissenters in striking down the racial preferences used by Michigan's undergraduate school, in Gratz v. Bollinger. On its 150-point "selection index," the college awarded a gigantic, 20-point bonus for being black, Hispanic, or Native American. This dwarfed the 4-point legacy preference and the 12-point boost for having a perfect 1,600 SAT score. (A mediocre SAT score of 1,010 was worth 10 points, so the difference of 590 SAT points was worth only one-tenth as many selection-index points as being of the right race.) The difference between a 4.0 and a 3.0 high school GPA was also 20 points; the effect was to penalize whites and Asians by treating their A's as B's, their A-minuses as B-minuses, and so forth.
<font size=4>
But the law school's racial preferences appear to have been even heavier. So why did the Court uphold preferences more extreme than those it struck down? O'Connor did not say. But the answer was clear, not only to the four Grutter dissenters but also to Justices David H. Souter and Ruth Bader Ginsburg, who voted to uphold the preferences in both cases: The law school's preferences were difficult to measure and shrouded in obfuscation, which the school called "holistic review." And O'Connor liked that.

Under this approach, "the winners are the ones who hide the ball," Souter wrote in his Gratz dissent. In a separate dissent, Ginsburg wrote, "If honesty is the best policy, surely Michigan's accurately described, fully disclosed college affirmative-action program is preferable to achieving similar numbers through winks, nods, and disguises."

Contrary to Ginsburg's implication, the college did not voluntarily disclose the operation of its preferential admissions system. It was a closely guarded secret, as at most other institutions,<font size=3> until exposed by a freedom-of-information-act request and a lawsuit. But with no less a champion of racial preferences than Ginsburg advocating full disclosure, how can others plausibly object? Especially while demanding disclosure in the case of legacies?
<font size=4>
One benefit of disclosure might be to dissuade universities from using double standards so blatant -- whether for legacies, athletes, or racial minorities -- as to offend voters. A second benefit might be to focus attention on the real crisis in minority education: The average black 17-year-old is academically less prepared for college than the average white or Asian 8th-grader. A third benefit might be to shame elite universities into seeking more needy and working-class students, who are far more underrepresented than blacks and Hispanics. Such "economic preferences" are widely popular because -- if carefully designed -- they are consistent with traditional concepts of merit. The hope is that the hard work and raw talent of the best of these needy students will enable them to catch up with college classmates from more-prosperous backgrounds and better high schools.

Economic preferences would also be the best corrective to the inequity of legacy preferences. After all, racial preferences -- while draped in the rhetoric of civil rights and fairness -- often leapfrog the children of lawyers and doctors over academically better-qualified children of laborers and secretaries.
<font size=3>
Stuart Taylor Jr. is a senior writer for National Journal magazine, where "Opening Argument" appears.



To: Sully- who wrote (171)2/16/2004 4:13:01 AM
From: Sully-  Respond to of 35834
 
Race too large a part of admissions

The State News, MSU's Independent Voice
Printed Wednesday February 4th, 2004.

I would like to applaud Jim Lala's column in the Tuesday edition of The State News ("Diversity doesn't promote better education, system flawed").

I have two younger brothers. One is white, related to me by blood, and the other is Guatemalan, related to me by adoption. Both were raised in the same house, by the same parents, taught the same morals and values, and both are exceptionally bright. They have always been treated equally.

However, when they try to get into college, my Guatemalan brother will have a leg-up over my white brother because his skin is brown. My white brother will be penalized because his skin is no special color, and my Guatemalan brother will not have the satisfaction of knowing he got himself to where he is with hard work and merit alone. He may very well doubt himself and feel like he doesn't deserve it.

My family worked hard at making sure my Guatemalan brother understood that his skin color didn't matter. However, it seems like higher education officials will be telling him otherwise when he's older.

My two little brothers have always and will always be equal in my eyes. Why shouldn't they be equal in your eyes, too?

Lydia Brodeur
accounting sophomore

Location: statenews.com

All content ©2004 The State News



To: Sully- who wrote (171)3/22/2004 4:54:39 AM
From: Sully-  Respond to of 35834
 
Fight The Good Fight Against Affirmative Action
Right Wing News

I have to give a big RWN salute to the college Republicans at Roger Williams University for helping to expose Affirmative Action for what it is -- a vile, discriminatory, practice that is every bit as immoral as Jim Crow laws were even if it does nowhere near the same amount of damage. Here's what they did and a little sample of the furor it caused...

"On the sleepy coastal campus of Roger Williams University, a small liberal arts school unaccustomed to student activism, the College Republicans are reveling in the debate they've kicked up by offering a scholarship for whites only.

The $250 award -- which required an essay on "why you are proud of your white heritage" and a recent picture to "confirm whiteness" -- has invited the wrath of everyone from minority groups and school officials to the chairman of the Republican National Committee himself.

....(Jason Mattera), who is of Puerto Rican descent, said the scholarship was a parody of minority scholarships. Mattera himself was awarded a $5,000 scholarship from the Hispanic College Fund, he said.

"Those who come from white (descent) are left to find scholarships on their own," Mattera said.

The whites-only scholarship generated national publicity, which angered university officials and many students who worried their school was being labeled as racist. Minorities make up less than 10 percent of the 3,400 full-time undergraduates.

....The scholarship was criticized by the state Republican Party and Ed Gillespie, chairman of the Republican National Committee. In a Feb. 17 letter to Mattera, Gillespie said the scholarship conveys a "message of exclusion" that doesn't represent the party's values. He suspended the group's right to use the party's symbols.

(School President Roy Nirschel), who says he's eager to attract more minority students and faculty members, called the scholarship "repugnant" and convened a town meeting on campus he said attracted more than 500 people.

The meeting, he said, was the first of its kind in the university's history.

His commission on civil discourse includes faculty and student members and has already decided to organize a debate team and create a journal. "This has caused me to redouble our efforts to make the campus open," Nirschel said."
<font size=4>
Like those race based cookie sales that have sprung up at colleges around America, this scholarship exposes the Affirmative Action for sham that it is. Too often today, we've allowed race hustling, poverty, pimps like Jesse Jackson, Al Sharpton, Julian Bond, & Kweisi Mfume to define "fighting for Civil Rights" as discriminating against people based on race. We should have stood up against that practice as a society and said that it was wrong a long time ago.

For example, today in 2004, how in the world can we justify telling a dirt poor white kid without a racist bone in his body that he's not allowed to compete with Michael Jordan's son for a scholarship because his skin is the wrong color? How do you look somebody in the eye who was born 1982 and tell him that he can't have a job he's the best qualified applicant for just because he's white?

Affirmative Action is an ugly product of a bygone era that should have no place in 21st century America. Race based discrimination is wrong no matter what color it's aimed at and it's great that the college Republicans up at Roger Williams University found such a creative way to get that message across.



To: Sully- who wrote (171)5/14/2004 2:11:03 PM
From: Sully-  Respond to of 35834
 
Apologizing to the cheater

Joanne Jacobs blog
<font size=4>
Faced with a race-baiting cheater, a history professor backed down -- and wrote about it in the Chronicle of Higher Education. The professor scrambles the order of questions on quizzes so it's obvious when students copy from a neighbor.

Here's how we know they cheated: Seat J8, for example, correctly answered the second question -- "What President initiated the Bank War in 1832?" -- with the response "Andrew Jackson." The feckless chump in J7, however, answered his second question -- "What Indian nation was displaced during the Trail of Tears?" -- with, you got it, "Andrew Jackson."

Faced with the evidence, seven of eight cheaters confessed to copying. The eighth was a black student.

But here was Mr. J7, heels dug into my floor, arms crossed tightly, studiously avoiding eye contact, and disarmingly armed for what he must have known was coming. I took a deep breath and began my well-rehearsed question, but before two words left my mouth he aggressively interrupted, "Here we go again. It's the same thing everywhere I go. I know what you're going to say, so don't even bother. It's so predictable."

The student yelled wildly at the professor till he saw the quizzes.

His tone changed dramatically as he explained, quite calmly now, how he hadn't studied for the quiz. He just guessed, at random, without even reading the questions and, well, I talked about Andrew Jackson in lectures all the time so, well, it seemed like as decent a random guess as any other. Soon he was smiling. Sure, it was quite an amazing coincidence but, as he so eloquently put it, "Shit happens, sir." And then, just when I thought things couldn't get any more confusing, he went for the jugular.

"As far as I see it," he concluded, "you owe me a huge apology."

Mr. J7 is black. In addition to being green, I'm also white. I know that he cheated. He knew that he cheated. But, after his performance -- a brilliant but subtle flash of the race card conveyed through body language and facial expressions more than words -- the once-crystal-clear context that had me in charge evaporated into the stale air of my office. We both knew he'd won this game. I ripped up the quizzes and tossed them into the trash. He left my office without a word. I felt horrible.

After telling my department chairman about the incident, I asked myself a series of difficult questions: Did I think J7 was going to hit me because he's a big, black guy?

Well, did you?

Should a black kid have any reason to tell the truth to a white figure of authority?

Yes.

Am I gutless?

Yes.

Should I have been truly race-blind and treated J7 as I would have treated a wealthy white frat boy?

Yes.

On some level, do all white people owe all black people an apology?

No.

Did this kid just play me like a fiddle?

Oh, yes.

"Pathetic," writes John Rosenberg of Discriminations.

Yes.



To: Sully- who wrote (171)5/19/2004 2:04:42 PM
From: Sully-  Respond to of 35834
 
America is a racist country

May 19th, 2004

Twenty-three years ago, a police officer was brutally murdered on the cold, dark streets of Philadelphia. Patrolman Daniel Faulkner, making a routine traffic stop at about three o’clock on the morning of December 9, 1981, was knocked to the ground and shot several times in his upper body and face. Four eyewitnesses to the cold-blooded homicide have identified the murderer as, Wesley Cook (AKA Mumia Abu Jamal). Mr. Cook was convicted of first-degree murder the following year, and sentenced to death in the Electric Chair.

Well, here we are, 22 years later, and instead of an execution, we have something akin to a coronation. Mr. Cook has received money for the sales of two books, written while in prison, and he has been allowed to write a column in which he regularly rants about “racial injustice in America.” In addition, his fight against the death penalty, for which he has had the support of several Hollywood celebrities, has proved fruitful because a judge recently reduced his penalty to life in prison.

When I think about the facts of this case, I have to agree with Mr. Cook, there is racial injustice in this country. Mr. Cook, a black man, murdered Officer Faulkner, a white man, and to this date Officer Faulkner has not received justice. Cook, a former member of the Black Panthers and an avid supporter of anti-government, and anti-police groups, was observed firing a shot into Faulkner’s back as the officer was struggling with Cook’s brother William, the driver of the vehicle. The wounded officer spun around, drew his revolver, and fired back, hitting Wesley Cook in the upper torso. At that point, the officer fell to the ground, writhing in pain from the back wound. Mr. Cook staggered a few feet, then walked up to the helpless cop and fired at his chest. Faulkner was twisting furiously on the ground, trying to avoid the bullets. Ultimately, Cook placed the gun barrel within inches of the cop’s face and fired again. Witnesses have stated that a few quick spasms signaled the end of Faulkner’s life.

Before the officer stopped the vehicle, which was going the wrong way on a one-way street with its lights off, he had radioed for backup, as police procedure dictates. After Cook fired the fatal bullet, he attempted to leave the scene, but his wound kept him from going very far. He was sitting on the curb with the murder weapon in his hand when the police arrived. When warned to drop the gun, he attempted to take aim at one of the responding officers, who, rather than shoot him, knocked the gun to the ground.

At the emergency room of the hospital, as Cook was violently resisting the police who brought him there for treatment of his wound, witnesses heard Cook shout: “I shot the mother f…… and I hope the mother f….. dies.” The witnesses who were present at the shooting scene gave signed statements to the police only minutes after the occurrence. Without deviation, each one stated that they saw Cook murder Faulkner, and that they never took their eyes off him from the time he fired the fatal shots, to the time the police arrested him, just minutes later. At the subsequent trial, the witnesses testified accordingly.

One can scarcely imagine having more evidence for a trial and conviction than the incontrovertible facts presented here. During the trial, Mumia Abu Jamal, (He became an African tribal leader as soon as he found himself in a cell) repeatedly disrupted the proceedings on a daily basis with loud outbursts and verbal threats. An extremely patient judge and prosecutor dealt with his desperate attempts to make the trial about race, even allowing him to run his own defense and interview potential jurors. In the end, the racially mixed jury convicted Mumia of First-Degree Murder and recommended the death penalty. Up to that point, the system was working. If Mumia had been taken from the courtroom, brought to the place of execution, and been forced to pay with his life, justice would have been done.

But, this is America, the country that people like Mumia and others are quick to criticize as barbarous and primitive. In this country, the system of appeals is practically endless, and the race card has more stopping power than a .44 Magnum. Who cares that Officer Faulkner has been dead and buried for 23 years? Who cares that the evidence against his murderer is flawless? Who cares that the jury only needed 3 hours to arrive at a unanimous vote for conviction? Mumia is black, and that entitles him to proclaim that the only reason for his plight is his color.

Imagine if the situation were reversed. The white guy stood over the black guy and fired bullets into his face in front of 4 witnesses. Do you think the judge and the D.A. would be so patient with his courtroom antics? How many Hollywood celebrities do you think would be making appeals to save his life? Would he still be alive and able to spread his racist dogma in newspapers and magazines? Nah! He’d be toast!!

Mumia is right. This is a racist country.

americanthinker.com



To: Sully- who wrote (171)5/24/2004 5:29:04 PM
From: Sully-  Respond to of 35834
 
Cosby has taken his crusade nationwide. You will notice
that the quotes from educators in the audience are
defensive, citing the old "racism" charge again. - From:
LindyBill

Cosby takes parents to task

ACTOR-AUTHOR SAYS MANY FAIL LOW-INCOME KIDS

By Nicole C. Wong
Mercury News

Bill Cosby blamed parents for the shortcomings of students during a speech Sunday to educators at Stanford University, continuing a theme the comedian touched on last week when he linked the behavior of some low-income blacks with the community's school dropout rate.

``We need to stop fooling around,'' Cosby told a gathering of about 1,700 people at Stanford's Memorial Auditorium. ``The mother and the father born here didn't learn to speak standard English -- or math.''

Many parents are not doing their job, he told the group, which included 150 Bay Area educators honored for their work with low-income students. ``I don't know where we lost it, or how we lost it, but people are not parenting.''

Cosby, 66, also said students are falling short because their diets are not healthy, class sizes are too large and teachers lack resources.

After the speech, Cosby met with the honored educators in a more personal setting, telling them students were missing one other key ingredient.

``They don't know love,'' he said. ``Some of these children have been raised like pimps.''

The remarks came a week after Cosby stirred controversy at a Washington, D.C., gala commemorating the 50th anniversary of the U.S. Supreme Court's landmark decision to desegregate public schools. Cosby reportedly said ``lower-economic people are not holding up their end in this deal.

``These people are not parenting. They are buying things for kids -- $500 sneakers for what? And won't spend $200 for `Hooked on Phonics.' ''

Cosby told the New York Times on Friday that he had made the comments out of concern and because of his belief that fighting racial injustice must also include accepting personal responsibility. He did not answer questions from the media Sunday.

For years, Cosby played one of television's most revered fathers, and his book ``Bill Cosby on Fatherhood'' was a bestseller. And many Sunday agreed with his message that parents need to play a bigger role.

``I really respect him for just speaking the truth,'' said Jeff Friedman, a teacher at Fiesta Gardens International School in San Mateo. ``For me, he's saying what I want to say, but he's saying it with a big megaphone.''

Others said while parents play a role in their children's success, teachers still have the power to make a difference.

``I'm not a blamer,'' said Debra Watkins, co-founder of the California Alliance of African American Educators. ``We know slavery happened. We know kids are poor. We know they come to us woefully unprepared. But when they are in the classroom with the teacher . . . they are absolutely all you have and it is your responsibility to rise to the challenge.''

Proceeds from Cosby's sold-out Stanford performance will help provide $20,000 Stanford fellowships to future teachers of low-income students.

Stanford raised more than $1 million from the fundraiser -- which, for $2,500 per person, included an exclusive mix-and-mingle with Cosby, an orchestra seat during his show, and an elaborate dinner emceed by TV news anchorman Tom Brokaw.

Dozens of educators also attended a seminar called ``Breaking the Silence: Courageous Conversations About the Impact of Race on Student Achievement.''

Among them was Steven Pinkston, director of community service at Bellarmine College Preparatory in San Jose. He said black students, like his teenage son, face additional struggles because of their skin color.

``There was some truth in what he said,'' Pinkston said of Cosby's comments last week. ``Concurrent with that, racism is a real issue in this country.''

.
mercurynews.com



To: Sully- who wrote (171)5/25/2004 5:22:34 PM
From: Sully-  Respond to of 35834
 
Black people should be exempt from obeying the law

Liberal Media Blog

As I mentioned here last week, the Seattle City Council was considering an end to the practice of impounding the cars of drivers caught with a suspended license -- on the grounds that a disproportionate number of African-Americans were having their cars impounded.

The City Council voted 6-2 yesterday to stop impounding vehicles of people whose licenses were suspended for various reasons. Today's Seattle Times report is just as biased as the City Council vote. "City Council votes to dump unpopular impound law"

Unpopular with whom other than those who want to be exempt from traffic laws? The article doesn't say.

The majority [on the Counci] argued that the law had to go because of a disproportionate impact on poor people and African Americans.

"The solution (impound law) we have now is not working," said Councilman Richard Conlin. "We're still seeing disproportionate impact. We need a creative new tool."

The article acknowledges that ending impoundment would allow drivers whose licenses were suspended for "violations such as speeding and failing to obey traffic signals" to keep driving, and that such drivers are "2.5 times more likely to get in auto accidents than drivers who hadn't lost their driving privileges".

So in spite of Richard Conlin's dippy protestations to the contrary, the impound law seems to be working quite well -- thousands of incompetent drivers have been kept off the roads. Lives and limbs have been saved. As I mentioned in the earlier post, there is absolutely no evidence that the impoundment is racist in either intent or implementation, only in outcome.

Nevertheless, the Seattle Times propagates without challenge the City Council's beliefs that this difference in outcomes is attributable to racism and that public safety should take a backseat to avoiding disparate outcomes in law enforcement.

thatliberalmedia.com