Voter ID

The ‘Voter ID Is Racist’ Con

Former Vice President Joe Biden called Trump’s assertion that millions of people voted illegally in the 2016 election a “flat lie.” But Biden did not stop there. The Republican support for voter ID, he said, was all about suppressing minority votes: “It’s what these guys are all about, man. Republicans don’t want working-class people voting. They don’t want black folks voting.” Last year, Sen. Elizabeth Warren, D-Mass., denounced “racist voter ID laws and voter suppression tactics (that) sprout like weeds all across the country.” In a press conference in July, CNN’s April Ryan asked White House Press Secretary Sarah Sanders: “So, Sarah, since you keep saying that the President is very concerned about the election process … you did not mention voter suppression in that. Voter suppression has been an issue for decades and particularly in these last few elections.”

Despite these alleged racist roadblocks to the ballot box, in 2008 blacks voted at a higher percentage than whites. That same year, liberal Supreme Court Justice John Paul Stevens wrote one of the majority opinions in a 6-3 case that upheld Indiana’s voter ID law, which required voters to show a photo ID — such as a driver’s license or passport — before casting their votes. Stevens recognized “flagrant examples of (voter) fraud” throughout America’s history and wrote that “not only is the risk of voter fraud real” but “it could affect the outcome of a close election.” The additional burden on voters, Stevens argued, is more than offset by “the state’s interest in counting only the votes of eligible voters.”

Blacks also support voter ID. A 2016 Gallup poll found that 77 percent of non-whites support voter ID, nearly as high as the 81 percent of whites who support it.

The fact that voter ID is legal and popular does not, of course, affect the view that it “suppresses” the minority vote. The George Soros-supported website ThinkProgress ran a story last year with this menacing headline: “New Study Confirms that Voter ID Laws Are Very Racist.”

Citing research by three professors from U.C. San Diego, Michigan State and Bucknell University, the article says: “turnout among Hispanic voters is ‘7.1 percentage points lower in general elections and 5.3 points lower in primaries’ in states with strict voter ID laws. The laws also reduce turnout among African-American and Asian-American voters. White turnout, according to their study, is ‘largely unaffected.'”

Case closed? Not exactly.

A follow-up study by researchers from Yale, Stanford and the University of Pennsylvania found no evidence that voter ID laws have a statistically significant impact on voter turnout. This study examined the methodology and conclusions of the previous study. Its researchers wrote: “Widespread concern that voter identification laws suppress turnout among racial and ethnic minorities has made empirical evaluations of these laws crucial. But problems with administrative records and survey data impede such evaluations. … We show that the results of the paper are a product of data inaccuracies (and) the presented evidence does not support the stated conclusion … When errors are corrected, one can recover positive, negative or null estimates of the effect of voter ID laws on turnout, precluding firm conclusions.”

In other words, the data do not support the notion that the “brown-brown” are too dumb, too lazy or otherwise incapable of obtaining the necessary identification to vote.

Discrimination, Prejudice, and Racism

Walter Williams comments:

So much of our reasoning about race is both emotional and faulty. In ordinary, as well as professional, conversation, we use terms such as discrimination, prejudice, racial preferences and racism interchangeably, as if they referred to the same behavior. We can avoid many pitfalls of misguided thinking about race by establishing operational definitions so as to not confuse one behavior with another.

Discrimination can be operationally defined as an act of choice. Our entire lives are spent choosing to do or not to do thousands of activities. Choosing requires non-choosing. When you chose to read this column, you discriminated against other possible uses of your time. When you chose a spouse, you discriminated against other people. When I chose Mrs. Williams, I systematically discriminated against other women. Much of it was racial. Namely, I discriminated against white women, Asian women, fat women and women with criminal backgrounds. In a word, I didn’t offer every woman an equal opportunity, and they didn’t offer me an equal opportunity.

One might be tempted to argue that racial discrimination in marriage is trivial and does not have important social consequences, but it does. When high-IQ and high-income people marry other high-IQ and high-income people, and to the extent there is a racial correlation between these characteristics, racial discrimination in mate selection enhances the inequality in the population’s intelligence and income distribution. There would be greater income equality if high-IQ and high-income people married low-IQ and low-income people. But I imagine that most people would be horrified by the suggestion of a mandate to require the same.

Prejudice is a perfectly useful term, but it is used improperly. Its Latin root is praejudicium — meaning prejudgment. Prejudice can be operationally defined as making decisions on the basis of incomplete information. Because the acquisition of information entails costs, we all seek to economize on information cost. Sometimes we use cheap-to-observe physical attributes as proxies for some other attribute more costlier to observe. The cheaply observed fact that a person is a male or female can serve as a proxy for an unobserved attribute such as strength, aggressiveness or speed in running.

In the late 1990s, a black taxi commissioner in Washington, D.C., warned cabbies against going into low-income black neighborhoods and picking up “dangerous-looking” passengers whom she described as young black males dressed a certain way. Some pizza deliverers in St. Louis who were black complained about delivering pizzas to black neighborhoods for fear of being assaulted or robbed. In 1993, the Rev. Jesse Jackson was reported as saying that he is relieved when he learns that youthful footsteps walking behind him at night are white and not black.

Here’s the question: Does the wariness of Washington’s predominantly black cabbies to pick up “dangerous-looking” black males or black pizza deliverers’ not wanting to deliver to some black neighborhoods or Rev. Jackson’s feeling a sense of relief when the youthful footsteps behind him are those of white youngsters instead of black say anything unambiguous about whether cabbies, pizza deliverers and Jackson like or dislike blacks? It’s a vital and often overlooked point — namely, that watching a person’s prejudicial (prejudging) behavior alone can tell us nothing unambiguous about that person’s racial tastes or preferences.

Consider policing. Suppose a chief of police is trying to capture culprits who break in to autos to steal electronic equipment. Suppose further that you see him focusing most of his investigative resources on young males between the ages of 15 and 25. He spends none of his investigative resources on females of any age and very few on men who are 40 or older. By watching his “profiling” behavior — prejudging behavior — would you conclude that he likes females and older males and dislikes males between the ages of 15 and 25? I think that it would take outright idiocy to reach such a conclusion. The police chief is simply playing the odds based on the evidence he has gathered through experience that breaking in to autos tends to be a young man’s fancy.

Bias-tinted Glasses

Dennis Prager loves acronyms. In fact, you might even say he’s biased in favor of acronyms. Some years ago, he came up with “NARWIPDE” which stands for (an adverb I don’t remember) Assuming Racism Where It Probably Doesn’t Exist.

Now Time Magazine says colleges are teaching NABWIPDE; B = “Bias”. Or more precisely, NABWIRDE; R = “Really”.


Source: How Colleges Teach Students to See Bias When There Is None | Time

The key feature of academic diversity ideology is the assertion that to be a member of an ever-growing number of favored victim groups at a college today is to be the target of pervasive bigotry on campus — despite, well, being favored. Taught by a metastasizing campus-diversity bureaucracy to believe that they are subject to an existential threat from circumambient bias, students equate nonconforming ideas with “hate speech,” and “hate speech” with conduct that should be punished, censored and repelled with force if necessary. This victimology fuels the efforts to shut down speech that challenges campus orthodoxies. Dozens of times in the past several years alone, classrooms have been invaded; professors, accosted and even assaulted; and outside speakers, silenced.

While these tactics have famously been directed at conservatives, that is not exclusively the case, as senior fellow at the Public Policy Center Stanley Kurtz has documented for National Review Online. It has happened year after year, recently.

In October 2017, protesters at Columbia University temporarily occupied a class and accused a professor who is an LGBTQ rights advocate and one of the school’s premier proponents of the idea that campuses are pervaded by rape culture of creating a “dangerous environment for students, including queer students.”

That same month, shouting activists prevented University of Oregon President Michael Schill from delivering his State of the University Speech. Schill’s merely pro forma support for free speech was enabling “fascism and white supremacy,” according to the student protesters.


The belief that college campuses today pose an existential threat to females and students of color is just as lunatic as the belief that Judge Brett Kavanaugh is a murderer or that an Establishment lawyer was signaling her white supremacy affiliation on live TV. American universities are among the most tolerant environments in history towards humanity’s traditionally oppressed groups. Far from discriminating against what admissions officers call “underrepresented minorities,” or “URMs,” every selective college today employs large racial admissions preferences to engineer what they call a “diverse” student body — and they twist themselves into knots to hire qualified minority staff members who haven’t already been snapped up by better-endowed schools. Professors want all their students to succeed, particularly females and “underrepresented minorities.”

But the resulting campus culture often coaches students to see bias where none exists. That delusion continues once they leave school. The result is a growing society-wide intolerance for speakers and ideas that fail to conform to an increasingly exacting code of political correctness, on the ground that such non-conforming speech harms favored victim groups.

The right has its shrill manias— whether the unseemly obsession with Hillary Clinton and her emails, the corrosive Trump-fueled calumny that federal law enforcement agencies have been corrupted by political bias, and the dangerous Trump-induced crusade to turn those agencies into instruments of political revenge. But until now, the notion that silencing non-conforming speech is a legitimate response to disagreement has come overwhelmingly from campuses and other progressive institutions — from Google to the New Yorker. Were Trump to seize the same weapons, arrogating to himself the power to define and punish “hate speech,” the danger of such precedents might become clearer to all.

The new censorship is an outgrowth of the twin ideas that race and gender are the most important features of a human being, and that American society is one long assault on various identity groups defined by race and gender. Until these key tenets of academic identity politics are rebutted, we can expect to see more of the hysteria that characterized the Kavanaugh hearings — and less ability to talk across ideological divides.

Shylock the Dog

Andrew Klavan commented on the sex scandal in the Catholic Church. In his ongoing courtship with the third rail, he points out that it’s also a homosexuality scandal — the majority of victims were males under the age of majority.

There’s another point he raises, about bigotry.

Myself, I believe that bigotry creates the problem in the first place. When people are excluded from society, they are excluded from its moral structures and tend to become estranged from them. They say to themselves, “Well, if you hate me, your rules don’t apply to me.” This is likely to transform some members of the despised class into the very image of the cliche the haters hate. Shakespeare’s villainous Jew Shylock addresses the effects of anti-semitism when he snarls: “Thou call’dst me dog before thou hadst a cause; But, since I am a dog, beware my fangs.” In the excluded gay community, being sexually “wicked” or “evil” was often perceived as a positive thing. Why not, when the “good” people despise you?

This in no way lets the doers of evil off the hook. Rather the opposite. It means that when mores change and bigotry passes, excluded people should not only be welcomed into the majority community, they should also be held responsible to its values. It is no good to say, “Yes, we were bigoted against black people, so now we will not only welcome them in, we’ll ignore the high crime in their neighborhoods to show how un-bigoted we’ve become.” No. You have to say: “We were wrong. You’re part of our community now. Act like it.” Then you have to listen to CNN and the Twitter mob call you a racist. Then you have to say what you said again. And again.

So with gays. Instead of hiding this problem, the media should name it and address it. And instead of persecuting a cake baker who has the full and perfect right to disapprove of them, gay activists should work to purge their community of those who abuse the young. Instead of re-opening scars and feeding anger, this would begin the unification of gay culture with the majority straight culture.

And in addition, Thomas Sowell points out the cultural ills that are associated with “black ghetto” culture trace back to the redneck culture of the American south. Blacks in the north were very aware that they needed to be on their good behavior, and that any transgressions on the part of any black would reflect on all blacks.

Nowadays, we see more of an antinomian fallacy – blacks and other minority groups declare themselves to be not bound by the laws of the majority culture. They then complain when they are seen as lawbreakers.

There’s another aspect of bigotry to beware of. Shylock says, “beware my fangs”. When the majority is slapped with the labels of Sexist, Intolerant, Xenophobic, Homophobic, Islamophobic, Racist, and Bigoted, they will eventually tire of being called dogs. It’s one thing when a minority bares its fangs, it’s another thing entirely when the majority does so.

Sometimes “his-story” needs to be revised

Conventional wisdom holds that the Republicans had a “southern strategy” by which they won over the Racist South™, or at least all the racists in the South. Anything presented to the contrary is called “revisionist history”. But maybe it’s the conventional wisdom that needs to be revised?

A friend of mine referenced this video, saying “Dennis Prager paid a black woman to say it, so it must be true”. Either he has a strange criterion for assessing truth, or he believes black women can will say anything for money. I’m sure he’d call it “revisionist history”.


This is from The Hill:

The myth of Nixon’s ‘Southern Strategy’


The Democratic Party’s claim to be the party of the good guys, while the Republicans are the party of the bad guys, hinges on the tale of Richard Nixon’s so-called Southern Strategy. According to this narrative, advanced by progressive historians, Nixon orchestrated a party switch on civil rights by converting the racists in the Democratic Party — the infamous Dixiecrats — into Republicans. And now, according to a recent article in The New Republic, President Trump is the “true heir, the beneficiary of the policies the party has pursued for more than half a century.”

Yes, this story is in the textbooks and on the history channel and regularly repeated in the media, but is it true? First, no one has ever given a single example of an explicitly racist pitch by Nixon during his long career. One might expect that a racist appeal to the Deep South actually would have to be made, and to be understood as such. Yet, quite evidently none was.

So progressives insist that Nixon made a racist “dog whistle” appeal to Deep South voters. Evidently he spoke to them in a kind of code. Really? Is it plausible that Nixon figured out how to communicate with Deep South racists in a secret language? Do Deep South bigots, like dogs, have some kind of heightened awareness of racial messages — messages that are somehow indecipherable to the media and the rest of the country?

This seems unlikely, but let’s consider the possibility. Progressives insist that Nixon’s appeals to drugs and law and order were coded racist messaging. Yet when Nixon ran for president in 1968 the main issue was the Vietnam War. One popular Republican slogan of the period described the Democrats as the party of “acid, amnesty and abortion.” Clearly there is no suggestion here of race.

Nixon’s references to drugs and law and order in 1968 were quite obviously directed at the antiwar protesters who had just disrupted the Democratic Convention in Chicago. His target was radical activists such as Abbie Hoffman and Bill Ayers. Nixon scorned the hippies, champions of the drug culture such as Timothy Leary, and draft-dodgers who fled to Canada. The vast majority of these people were white.

Nixon had an excellent record on civil rights. He supported the Civil Rights Act of 1964 and the Voting Rights Act of 1965. He was an avid champion of the desegregation of public schools. The progressive columnist Tom Wicker wrote in the New York Times, “There’s no doubt about it — the Nixon administration accomplished more in 1970 to desegregate Southern school systems than had been done in the 16 previous years or probably since. There’s no doubt either that it was Richard Nixon personally who conceived and led the administration’s desegregation effort.”

Upon his taking office in 1969, Nixon also put into effect America’s first affirmative action program. Dubbed the Philadelphia Plan, it imposed racial goals and timetables on the building trade unions, first in Philadelphia and then elsewhere. Now, would a man seeking to build an electoral base of Deep South white supremacists actually promote the first program to legally discriminate in favor of blacks? This is absurd.

Nixon barely campaigned in the Deep South. His strategy, as outlined by Kevin Phillips in his classic work, “The Emerging Republican Majority,” was to target the Sunbelt, the vast swath of territory stretching from Florida to Nixon’s native California. This included what Phillips terms the Outer or Peripheral South.

Nixon recognized the South was changing. It was becoming more industrialized, with many northerners moving to the Sunbelt. Nixon’s focus, Phillips writes, was on the non-racist, upwardly-mobile, largely urban voters of the Outer or Peripheral South. Nixon won these voters, and he lost the Deep South, which went to Democratic segregationist George Wallace.

And how many racist Dixiecrats did Nixon win for the GOP? Turns out, virtually none. Among the racist Dixiecrats, Strom Thurmond of South Carolina was the sole senator to defect to the Republicans — and he did this long before Nixon’s time. Only one Dixiecrat congressman, Albert Watson of South Carolina, switched to the GOP. The rest, more than 200 Dixiecrat senators, congressmen, governors and high elected officials, all stayed in the Democratic Party.

The progressive notion of a Dixiecrat switch is a myth. Yet it is myth that continues to be promoted, using dubious case examples. Though the late Sens. Jesse Helms of North Carolina and John Tower of Texas and former Mississippi Sen. Trent Lott all switched from the Democratic Party to the GOP, none of these men was a Dixiecrat.

The South, as a whole, became Republican during the 1980s and 1990s. This had nothing to do with Nixon; it was because of Ronald Reagan and former House Speaker Newt Gingrich’s “Contract with America.” The conservative appeal to patriotism, anti-communism, free markets, pro-life and Christianity had far more to do with the South’s movement into the GOP camp than anything related to race.

Yet the myth of Nixon’s Southern Strategy endures — not because it’s true, but because it conveniently serves to exculpate the crimes of the Democratic Party. Somehow the party that promoted slavery, segregation, Jim Crow and racial terrorism gets to wipe its slate clean by pretending that, with Nixon’s connivance, the Republicans stole all their racists. It’s time we recognize this excuse for what it is: one more Democratic big lie.

Southern Poverty Law Center: ‘Essentially a Fraud’ | National Review

It had to happen sometime. The Southern Poverty Law Center has made so many vile, unjustified, hysterical, and hateful accusations over the years, it was bound to pay a price. When it did, the bill due was $3.375 million. Such was the amount the SPLC agreed to pay the British Muslim Maajid Nawaz and his think tank, the Quilliam Foundation, after smearing them in a “Field Guide to Anti-Muslim Extremists.” Nawaz, a former Islamist radical turned whistleblower who calls for the modernization of Islam in columns for the Daily Beast and on London talk radio, had threatened to sue the SPLC for defamation — traditionally and properly a difficult case to make in U.S. courts. Yet the SPLC caved spectacularly.
The Nawaz settlement was the most damaging episode yet in what has become an increasingly dire situation for the SPLC’s floundering image. Image, painstakingly built since its founding in 1971, is its chief asset. Image is what keeps the dollars flowing in. The Right has long been calling attention to the SPLC’s questionable tactics, but these days even Politico, The Atlantic, and PBS are running skeptical pieces about the saints of the South. Politico wondered whether the SPLC was “overstepping its bounds” and quoted an anti-terrorism expert, J. M. Berger, who pointed out that “the problem partly stems from the fact that the [SPLC] wears two hats, as both an activist group and a source of information.” David A. Graham of The Atlantic wrote that the “Field Guide” was “more like an attempt to police the discourse on Islam than a true inventory of anti-Muslim extremists, of whom there is no shortage, and opened SPLC up to charges that it had strayed from its civil-rights mission.” PBS interviewer Bob Garfield suggested to its president that the SPLC is increasingly seen “not as fighting the good fight but as being opportunists exploiting our political miseries” and that this was tantamount to killing “the goose that lays the golden egg.” In 2015 the FBI dropped the SPLC from its list of resources about hate groups.

Lately the SPLC has taken on an increasingly desperate, self-parodying tone, denouncing such mainstream figures as the psychologist, author, and PJ Media columnist Helen Smith and the American Enterprise Institute scholar Christina Hoff Sommers, calling them “anti-feminist female voices” and adding them to its double-secret-probation list under the catch-all term “male supremacy.” Former Vanderbilt professor Carol Swain, who is black, wrote in the Wall Street Journal that the group had “smeared” her after she questioned the SPLC’s “misguided focus.” Mark Potok, then the SPLC’s national spokesman, de­nounced her as “an apologist for white supremacists” in a story published on the front page of Swain’s local news­paper, the Tennessean.

To sum up recent events: The SPLC has been crazily denouncing highly respected writers who are Muslim, black, and female for being anti-Muslim, anti-black, and misogynist. All of these contrived charges are in the service of the SPLC’s core mission, which is to separate progressives from their dollars.

Founded in 1971, the Alabama-based SPLC, dubbed “essentially a fraud” by Ken Silverstein in a blog post for Harper’s back in 2010, discovered some time ago that it could line its coffers by positioning itself as a scourge of racists. Silverstein reported that in 1987, after the SPLC sued the United Klans of America, which had almost no assets to begin with, over the lynching murder of Michael Donald, the son of Beulah Mae Donald, the grieving mother realized $52,000 from the court case — but the SPLC used the matter in fundraising appeals (including one that exploited a photograph of Donald’s corpse) that raked in some $9 million in donations. Today the SPLC typically hauls in (as it did in 2015) $50 million. In its 2016 annual report it listed its net endowment assets at an eye-popping $319 million. It’s now quaint to recall that, when Silverstein called the SPLC the wealthiest civil-rights group in America, it had a mere $120 million in assets. That was in 2000. President Richard Cohen and co-founder–cum–chief trial counsel Morris Dees each raked in well over $350,000 in compen­sation in 2015.

There’s more…

Source: Southern Poverty Law Center: ‘Essentially a Fraud’ | National Review

Capitalism and Racism

From the Volokh Conspiracy:

A program at UC-Davis looks at the relationship between capitalism and racism.

The website Campus Reform points to a multi-year academic program, Racial Capitalism, hosted at the UC-Davis Humanities Institute that explores the links between racism and capitalism (tip to Glenn Reynolds). Among the questions that were asked at the event launching the program are:

    • “Which came first, capitalism or racism?”

“Can there be capitalism without racism?”

“Is capitalism always racial?”

IMO, the answers to these questions are fairly obvious:

1. Racism came first. Every inhabited continent had slaves, and ethnic out-groups were among the most likely to be enslaved. It is the abolition of slavery that is particularly Western, as Orlando Patterson explains his books Freedom and Slavery and Social Death.

2 (and 3.) If there can be any economic system without racism (I suppose it depends on how high one’s standards are), then capitalism is not always racist and there can be capitalism without racism. Capitalism is easier to square with a reduction in racism than most ideologies because (a) it is individualistic, (b) it is not built on envy for despised groups, and (c) in the United States at least, pro-capitalists tend to be less racist personally than anti-capitalists.
Indeed, in the general public it is the opposition to capitalism and the desire for redistribution that are positively associated with racism and intolerance.

I explore this relationship in “Redistribution and Racism, Tolerance and Capitalism,” which analyzes data from 20 nationally representative surveys of the general public.


The more interesting question (than whether you can have capitalism without racism) is whether you can have socialism without racism. The answer is yes, but the reason is an enlightening one.

In the long run, a robust socialism (that dominates most of the economy) tends to lead to the scapegoating of demonized out-groups, because there must be someone to blame for economic failure. Thus, the Soviet Union began with hating the Kulaks and the ownership class more generally, but once these were destroyed, they needed someone else to blame. Though it took many decades, the Soviet Union went beyond targeting “counter-revolutionaries” to add Jews to the list. So the demonized out-groups under socialism don’t have to be defined by race or ethnicity; they could instead be defined by economic class, religion, or nationality. Accordingly, socialism doesn’t have to be racist, but when it dominates the economy almost inevitably there must be some group to despise.

It would be good if the academy in general–and the UC-Davis Racial Capitalism program in particular–were ideologically diverse enough to reflect some of the substantial evidence from the last few decades on the relationship of capitalism and racism in the views of the general public, evidence that tends to point to a negative association between racism and support for capitalism.

The Narrative Trumps All

STUDY: Researchers falsely frame Trump supporters as racists

Links to the studies are in the piece.

Led by Musa al-Gharbi, a Columbia University sociologist, “On Social Research in the Age of Trump” analyzes three case studies of academic research on Trump to illustrate the various ways that academics have misrepresented the president and his voter base to the public.

One example of this phenomena can be seen in the April 2017 Washington Post article “Racism motivated Trump voters more than authoritarianism,” by Thomas Wood, who teaches political science classes at Ohio State University.

While Wood cites survey data to claim that Trump voters were especially motivated by racism, a closer analysis by al-Gharbi reveals that Wood’s arguments about Trump voters can’t be substantiated from the data cited in the article.

“According to Wood’s own data, whites who voted for Trump are perhaps less racist than those who voted for Romney,” al-Gharbi explains, adding that “not only were they less authoritarian than Romney voters, but less racist too!”


The Mismatch Effect

An “effect” is defined as “a phenomenon that follows and is caused by some previous phenomenon”. We have to be careful when labeling something as an “effect”, to make sure we’re pretty sure we’ve correctly assigned causation.

That being said, we have a phenomenon called the “mismatch effect”. When people are placed in a competitive environment on the basis of something other than their merits or qualifications, they find it much more difficult to keep up and wind up in the bottom rank or drop out entirely.

In the case of programs that aim to increase the number of certain groups admitted to top-rank colleges, we often find that members of these groups have lower average test scores or GPAs than the average among those who graduate from those schools.

We can imagine that of people who enroll in any school, there will be an average score and some variation around that average. It may well be that, say, two thirds of those admitted will do well and graduate. The students who fail to graduate will most likely be in the bottom third of that distribution. Now imagine a mismatched group (we’ll pick on Martians) is admitted on the basis of some sort of affirmative action program. Suppose their average test scores are one standard deviation lower than the average for the rest of the school. In this case, nearly 72% of these students will have test scores that place them below the cut-off for “likely to graduate”. This is not to say that no Martians will graduate from that school, merely that far fewer will, and at a rate that’s not at all similar to the graduation rate for non-Martians.

At the Volokh Conspiracy, Eugene Volokh offers:

The Mismatch Effect: A Danger for Students of All Races


That’s the debate about the “mismatch effect,” which I’ve followed over the years (though from a distance); it has mostly focused on whether race-based affirmative action causes problems (such as lower black bar passage rates) as a result of this effect, but it can also be relevant to many students of all races. I was first exposed to it because of the work of my UCLA School of Law colleague Rick Sander, and Robert Steinbuch at Arkansas / Little Rock has been working in it as well; Rob has been kind enough to pass along these thoughts on the subject:

Analysis of a large dataset containing information on graduates from the law school at which I teach, the University of Arkansas at Little Rock, Bowen School of Law, demonstrates that LSAT scores of students enrolled at the school (1) solidly predicted bar passage, and (2) varied significantly in relation to ethnicity.

Although color-blind admissions should produce roughly 25 percent of both Whites and African Americans in each LSAT-score quartile, over two-thirds of graduating African Americans were admitted with LSAT scores in the bottom quartile, as contrasted with only 16 percent for White students. (For more details, see the recent article I coauthored: Steinbuch and Love, Color-Blind-Spot: The Intersection of Freedom of Information Law and Affirmative Action in Law School Admissions, 20 Tex. Rev. L. & Pol. 1 (2016)). Although almost exactly a quarter of White students were admitted in the top quartile of LSAT scores (as expected), remarkably, only one percent of enrolled African Americans fell into the top quartile of LSAT scores. Predictably, this led to dramatic differences in bar passage: 80 percent of Whites passed the bar (the first time), while only 60 percent of African Americans did.

Given that the African-American cohort in our dataset on average had much lower LSAT scores than the bulk of the student body, it’s fair to conclude that this cohort overall was mismatched. This profile dominated because affirmative-action considerations are designed to consider factors beyond traditional credentials and explains why debates on how to deal with poor bar-passage rates often focus on race-based admissions. However, the ensuing discussion often misses that, while on average Whites will not be mismatched because they have such a large population — putting many at or above the mean of the class, the number of Whites who are mismatched could easily equal or exceed that of any other racial group.


And also from the Volokh Conspiracy, Rick Sander offers this:

An emerging scholarly consensus on mismatch and affirmative action (ideologues not welcome)

Williams’s paper presents equations testing dozens of different combinations of models and outcomes. With impressive consistency, his analysis shows very powerful evidence for law school mismatch, especially for first-time takers. His results are all the more compelling because, as Arcidiacono and Lovenheim point out, the weaknesses of the BPS data bias all analyses against a finding of mismatch. Williams concludes his piece, too, with a plea for the release of better data.

Meanwhile, not a single one of the law school mismatch critics has managed to publish their results in a peer-reviewed journal, though at least some of them have tried. As I will discuss in another post, many of these critics still shrilly hold to their earlier views. But it should be clear now to any reasonable observer that mismatch is a serious issue that the legal academy needs to address.

The above references two survey-scale papers, both taking great effort to eliminate ideological bias. Links are in the cited piece.

Three Questions for Black People

A Japanese native who teaches Japanese to foreigners in Japan has three questions for black people.

1:50 number one why are you so obsessed with the past?

04:54 number [two] why do you avoid facing the fact okay there are a lot of information on the internet I know I shouldn’t believe everything but here’s just a fact you like II do not the crime rate of black people is definitely higher than other races let me show you the data from FBI yes from FBI

08:33 number three why do you threaten someone who disagrees with you

(Pulled from the autogenerated transcript. This feature on YouTube does an amazing job. This fellow has an accent you can cut with a knife, and the transcriber makes very few mistakes.) (It can’t punctuate, though.)