Author Archive: Gail Heriot

SOUNDS LIKE THEY DESERVE IT:  The Air Force Academy is being sued for failure to comply with a Freedom of Information Act request that asked for its Critical Race Theory/Anti-White Supremacy training materials.  (Can we get an army of FOIA-wielding Davids going?  There are a lot of public entities that should receive one.)

WILLIE SUTTON WOULD HAVE UNDERSTOOD:  Why do colleges and universities march in lockstep when it comes to race-preferential admissions?  Because that’s where the money is.

DEFUND THE LEFT:  “Texas Lawmaker Proposes Ban on DEI Programs at Public Universities.

I haven’t had time to look at this bill.  But state legislatures need to take a look at how taxpayer money is being used in higher education.  We’re way past the point where state legislatures should be “hands off” public universities.

YOU CAN’T MAKE THIS STUFF UP:   A self-proclaimed psychic on Tik-Tok claims to have learned from her tarot cards that a certain University of Idaho history professor is behind the recent murders of four students there.  Her Tik-Tok videos on the subject have reportedly racked up millions of views.  As far as I can tell, the police are not exactly jumping on this daffy unusual new lead.  Instead, the history professor (who appears to be the world’s leading academic expert on gay rodeo) is now suing for defamation.

“ANTHROPOLOGY IN RUINS”:  If you had wanted to ruin a perfectly good November weekend, it looks to me like attending the 2022 annual meeting of the American Anthropology Association would have been just the ticket.  Elizabeth Weiss attended for us and sends us this report.

GIVE THE GIFT OF ANTI-COMMUNISM:  I was thinking about my 7th teacher today.  God bless Mrs. Naoma O’Neill.  One day out of the blue she insisted that I read Animal Farm.  I thought it sounded like a children’s book, so I was a bit skeptical.  But she was adamant that this was the right book for me.  If there is a 7th grader in your life, maybe it’s time for Animal Farm.  And following up with The Black Book of Communism wouldn’t be a bad idea.  I have a feeling there aren’t many Mrs. O’Neills teaching in the public schools anymore.  You might need to fill in for them.

IS JUDGE JUDY A CIVIL RIGHTS SCOFFLAW?:  I’m shocked.

IT’S ABOUT ALL ABOUT REQUIRING EQUAL OUTCOMES, NOT EQUAL OPPORTUNITY:  On this day in 1970, Griggs v. Duke Power Co. was argued before the Supreme Court.  To understand just how awful this opinion was, read “Title VII Disparate Impact Liability Makes Almost Everything Presumptively Illegal.”  I suppose in theory it’s possible for the Supreme Court to write a worse decision, but I’m not sure I’ve ever actually seen one.

THIS IS WHY I DON’T PUT MUCH STOCK IN COMPARISONS OF “OFFICIAL” DEATH TOLLS:  Florida’s official death toll for Hurricane Ian is now 144.  By contrast, Puerto Rico officially claims a whopping 2975 deaths for Hurricane Maria in 2017.  That’s a big difference.  But as you might guess, the methodologies used to arrive at those figures were wildly different.  If you want to compare apples to apples, you’re better off comparing Ian’s 144 out of Florida’s population of 21.5 million to Hurricane Maria’s original count of 64 direct deaths out of Puerto Rico’s population of about 3.5 million.

In its recent report evaluating the Trump Administration’s response to Hurricane Maria, the U.S. Commission on Civil Rights tried to compare the 2975 to much smaller numbers for Hurricane Harvey in Texas and Hurricane Irma in Florida (both of which used the methodology used for Ian).   My Commissioner Statement in the report explains why this was error.

To be fair, the 2975 methodology isn’t crazy.  But it is a bit counter-intuitive. It looks to see how many “excess deaths” occurred during the six-month period following a natural disaster and assumes all of them are somehow disaster related, even if the connection is very, very loose.  That may well be an incorrect assumption, but in the absence of an alternative explanation for why deaths would be elevated during that period, it may be an assumption worth making for comparison’s sake.  The problem was that nobody has attempted to generate comparable figures for the other hurricanes.