Author Archive: Gail Heriot

THIS IS REALLY OUTRAGEOUS:  “UNC Journalism School Downgraded to Provisional Accreditation in the Wake of DEI Concerns.”  This is punishment for the L’affaire Nikole Hannah-Jones.

You won’t go too far wrong if your conceptualize accrediting agencies as cartel enforcers.  Specifically, they enforce DEI norms.  The treatment of George Mason University Law School on admissions policy several years back is still astonishing to me.   A strong case can be made for legislative action to stop accreditors from insisting on race-preferential admissions.  But it will require a different Congress and President from what we have now.

FILING TODAY:  Pete Kirsanow are I are filing our Amicus Curiae Brief in Students For Fair Admissions v. Harvard today.  It is an expanded version of the brief we filed last year at the cert stage.  The most significant addition is a discussion of the Hispanic Serving Institution program.  Did you know that a university whose student body is at least 25% Hispanic can be entitled to large federal subsidies?  If you’re thinking this could cause colleges and universities to engage in ever-larger preferences for Hispanic students in order to get its share of the federal honeypot, you’re obviously right.  This is a big deal at the U.S. Department of Education and also at the National Science Foundation.  There’s a lot of federal money out there.

WHOOPS!  I MISSED THIS WHEN IT CAME OUT LAST WEEK:  Inclusive Exclusion.

LEE LIBERMAN OTIS:  In Memoriam Orrin Hatch.  Among his many good works, Hatch was an early champion of the Federalist Society.

MEANWHILE AT PRINCETON:  “A faculty committee won its appeal against the appalling treatment of a classics professor by DEI administrators, but President Christopher Eisgruber has so far remained loyal to the commissars.”

V-E DAY:  GERMANS SURRENDER, AMERICAN CELEBRATE, HARRY TRUMAN TURNS 61, and CANADIANS RIOT … ALL ON THE SAME DAY:  On this day in 1945, the definitive German Instrument of Surrender was signed in Berlin.  Americans celebrated.  It also happened to be President Harry Truman’s birthday.  And Canadian sailors … uh …. rioted and looted in Halifax, mobbing liquor stores and breaking windows in Halifax.  Ha!  Those darn CanadiansWho are they trying to kid when they look down their noses at Americans?

THAT’S NO WAY TO WOO A LADY … OR A COUNTRY:  On this day in 1544, the English army, acting on orders of Henry VIII, ransacked and burned Edinburgh.  Scotland’s offense against England was that its parliament had rejected plans for Mary, Queen of Scots (then only a toddler), to marry Henry’s son, Edward (then six years old).  Henry had been trying to draw Scotland away from its “Auld Alliance” with France and hoped that one day his heir would occupy the thrones of both England and Scotland.

Henry’s brutal instructions to his army were as follows:  “Put all to fire and sword, burn Edinburgh, so razed and defaced when you have sacked and gotten what ye can of it, as there may remain forever a perpetual memory of the vengeance of God lightened upon [them] for their falsehood and disloyalty.”

The violent period in Scottish-English relations from late 1543 to early 1551 has come to be called “the Rough Wooing.”   The term is thought to have been derived from a comment by the Earl of Huntly:  “We liked not the manner of the wooing, and we could not stoop to be being bullied into love.

Upon Henry’s death, his son became the English king.  But Edward died at age 15 and thus his planned marriage to Mary, Queen of Scots, would likely have never taken place anyway.  On the other hand, Henry’s dream of a single monarch on the thrones of both England and Scotland was eventually realized.  But not the way he envisioned it:  It was Mary’s son, James VI of Scotland, who became James I of England.  That ended the Tudor dynasty in England and began the reign of the Stuarts.  (As a group, they weren’t so great either.  Always heed the  Psalmist’s advice: “Put not thy trust in princes …”).

By the way, there are those who believe that Henry’s erratic mood swings may be attributable to one or more  head injuries suffered in jousting accidents.

STUDENTS FOR FAIR ADMISSIONS v. HARVARD:  The “friend of the court” briefs supporting Students For Fair Admissions in the Harvard case are due on Monday.  One of the briefs will be making the argument found this article:  How can the Court find that the case for race discrimination in college admissions is “compelling” if American voters have over and over again found it to be a crock?

SOUTHERN CALIFORNIA’S OWN:  We can start our own institutions:  The example of Hildegard College.

(Yes it might be more fun to have Elon Musk take over Oberlin College, but he can’t do everything.)

IN CASE YOU MISSED IT:  I linked last week to The Sausage Factory,” an article that attempts to explain why essentially all selective colleges and universities engage in race-preferential admissions.  It isn’t because they each have made an independent pedagogical judgment that the education they offer would be improved by such a policy.  Rather, it is because state legislators demand such policies, foundations and the federal government dangle carrots to encourage such policies, accreditors demand greater and greater diversity, etc.  Under the circumstances, open dissent is unlikely.

One thing I failed to discuss in “The Sausage Factory” is the federal “Hispanic Serving Institutions” program.  Under it, colleges and universities that are eligible for lucrative grants if at least 25% of their students are Hispanic.  As a result some schools have been falling all over themselves to get to 25%.

THE CHILDREN’S CANDY BAR CRUSADE:  On this day in 1947, Canadian children in Ladysmith, British Columbia hit the streets to protest an increase in the price of chocolate bars from five cents to eight cents.  As the children marched, they sang:

We want a 5 cent chocolate bar, 8 cents is going too darn far

We want a 5 cent chocolate bar, Oh, we want a 5 cent chocolate bar.

The protest soon spread to Victoria and Burnaby.  Within a week, 300 children were marching down Jasper Avenue in central Edmonton.  In Toronto, 500 children marched along Bloor Street.  A smaller crowd of about 60 marched on Parliament Hill in Ottawa.

The candy bar protests were quite the thing for a week or so.  Candy bar sales dropped 80%.

According to the Wikipedia entry, the end came when “an anonymous tipster told the Toronto Evening Telegram that the National Federation of Labor Youth, which had supported the Toronto protest, had communist backing.”  The protest quickly fizzled as parents kept their children out.  What the Wikipedia entry doesn’t mention is that—for whatever you’d like to make of it—the allegation of communist backing was essentially true.

Candy bars remained at 8 cents.

“THE SAUSAGE FACTORY”:  Hot!  Hot! Hot!  Race-preferential admissions policies are like sausages.  The more you know about how they are made, the less they should inspire your respect (or the Supreme Court’s deference).

(This essay is now available for the first time on the internet.  It’s also part of my anthology.).

THE PROGRESSIVE CARTEL:  Who enforces the “progressive cartel?”  Put differently, who makes sure that all progressives toe the line on issues like transgender locker rooms, etc.?  These things don’t happen by magic.  Michael Lind writes:

Who decides what is and is not permissible for American progressives to think or discuss or support?  The answer is the Ford Foundation, the Open Society Foundation, the Omidyar Network, and other donor foundations, an increasing number of which are funded by fortunes rooted in Silicon Valley.  It is this donor elite, bound together by a set of common class prejudices and economic interests, on which most progressive media, think tanks, and advocacy groups depend for funding.

Lind isn’t a big fan of what he calls “Conservatism, Inc.” either.  He’s not entirely wrong.  But my experience has been we’re not (yet) in the same league with our progressive brethren on this.

I SUSPECT THAT THIS IS LARGELY WHY “MATERNAL MORTALITY” APPEARS TO BE INCREASING:  Doctors now classify a death as pregnancy-related where they didn’t used to.  One can argue over whether a suicide or drug overdose by a recent mother should be attributed to the pregnancy.  But, if one changes the previous policy to include such deaths, one cannot then argue that pregnancy-related deaths are increasing.  I wrote about this a few months ago (and, more significantly, about why, contrary to what some claim, the racial disparities are not the result of racist doctors and nurses).

Being on the U.S. Commission on Civil Rights gives me a window into the progressive mind.  Until my progressive colleagues started suggesting that we study maternal health, I had no idea how much attention that issue was getting.  It even made it into Biden’s SOTU address.  The most commonly offered solution is to hire large numbers of “doulas” to assist African American mothers with birth.