Sunday, August 27, 2023




Law School Administrators Huddle To Circumvent Affirmative Action Ban

Top law school administrators are brainstorming ways to circumvent the Supreme Court's ban on race-based admissions, advising schools not to create a "record" of "discriminatory intent" and warning that socioeconomic preferences will result in too many white and Asian students being admitted.

That advice, dispensed at a legal conference in July, came from UC Berkeley Law School dean Erwin Chemerinsky and University of Michigan general counsel Timothy Lynch. Hosted by the American Association of Law Schools, the event focused on how institutions could use race-neutral means to achieve diversity.

When attendees questioned the legality of such methods, arguing that they could be struck down because of their race-conscious motive, Lynch stressed the need for plausible deniability.

"You should be aware right now of the record you're creating," Lynch told the conference, which was ostensibly devoted to helping schools comply with the Supreme Court's decision. "What are your faculty saying in emails? What are they saying in public?"

Plaintiffs often look for evidence of "discriminatory intent," Lynch explained, noting that the Supreme Court explicitly forbade backdoor racial preferences in its ruling. The "key question," he said, is "what can you say right now is the race-neutral explanation for doing it, and how do you avoid having your faculty colleagues muddy the record?"

"Great point," replied Chemerinsky, who moderated the conference. The Berkeley Law dean had been caught on tape a few days earlier, in June, describing how his school gets around California's ban on affirmative action in faculty hiring, joking with students that "if ever I'm deposed, I'm going to deny I said this to you."

In another exchange, Lynch warned that socioeconomic preferences were no substitute for racial ones—and appeared to suggest that class-based admissions help too many white and Asian students.

It "doesn't do the trick demographically," he said, because in states like Michigan, "there are many more people who are not underrepresented who are low-income."

Lawyers who reviewed footage of the conference said it could form part of the very "record" Lynch warned against creating, exposing schools to legal liability and giving plaintiffs ample ammo for a lawsuit.

"If these people were ever sued for race discrimination, this video would be exhibit A to the jury," said Samantha Harris, an attorney who specializes in education law. "Even if the speakers could articulate a non-discriminatory reason for their policies, the video calls into question their sincerity."

Lynch's statement about socioeconomics was a red flag, said Gail Heriot, a law professor at the University of San Diego who sits on the U.S. Commission on Civil Rights, and Dan Morenoff, the executive director of the American Civil Rights Project, which litigates reverse discrimination cases.

"What's the old definition of a gaffe? Saying exactly what you mean," Morenoff said. "It's like they're trying to assure they'll lose the eventual litigation."

Reached for comment, Chemerinsky said the exchanges had been taken out of context.

"The assumption of the conference—and of Mr. Lynch's remarks and mine—was that schools will comply in good faith with the Court's ruling," Chemerinsky said. Addressing the video from June, Chemerinsky added that Berkeley "does not consider race in any of its hiring and admissions decisions."

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After Years in the Wilderness, Conservative Christian Education Is Being Born Again Post-Pandemic

Arcadia Christian Academy, which opened in Arizona on Aug. 8, is one of dozens of Christian micro-schools popping up across the country, offering a hybrid in-class and at-home education to keep costs down and the odds of survival up in an increasingly competitive K-12 sector. What’s more, many long-established Christian schools are growing their enrollment after years of stagnation.

The recent post-pandemic rebound in Christian education, prompted by parental anger over public school shutdowns and the expansion of school choice programs, comes after a prolonged period of plunging enrollment and shutdowns since the mid-2000s. Behind that decline were dismay over unaccredited schools and an emphasis on preaching the gospel over teaching rigorous courses, according to interviews with Christian school leaders, parents, and national associations, as well as religious education scholars and consultants.

They tell the story now of a Christian school movement with about 700,000 students in 8,000 schools that’s striving to leave behind its reclusive evangelical roots and reinvent itself for today, with STEM programs, AP classes, and classical “great books” curriculums.

The revamp, demanded by millennial parents and embraced by leaders of accreditation associations, is propelled by a combination of push-and-pull forces.

The push started with COVID. Public schools lost an estimated 1.2 million students during the pandemic. Upset over the long-term closure of classrooms, some parents also objected to what they observed their kids being taught during remote learning at home: Schools with a progressive tilt were teaching that gender is a fluid concept and that America is an inherently racist nation.

Evangelical schools have taken in a fair share of these public school refugees by appealing to the conservative views of parents. In their statements of faith, schools not only stress classic doctrine, such as the Bible as the word of God and the second coming of Jesus Christ. The statements also include the conservative Christian take on hot-button issues, such as it’s a sin to deny one’s biological sex.

“Alarmed that schools are embracing gender neutral ideology?” Arizona’s Dream City Christian School asks parents rhetorically on its homepage.

The pull factor – a major expansion of school choice programs – is now adding to the appeal of Christian schools. In addition to programs in 32 states that mostly provide taxpayer funding for the private education of low-income and special needs kids, eight states recently approved universal laws that make all students eligible for scholarships, regardless of family wealth. At Christian schools, these state-funded scholarships typically cover most if not all tuition, providing a powerful incentive for families that’s boosting enrollment.

But after the growth spurt, scholars and school leaders are asking a big question: Does it have legs or will it soon burn out?

New-wave Christian schooling faces plenty of headwinds. There’s competition for students from well-established Catholic schools, which have a superior academic track record, as well as rapidly expanding charter networks and homeschooling, says David Sikkink, a prominent scholar of religious education at Notre Dame. And there are the old-guard fundamentalist schools that resist accreditation and refuse to accept school-choice funding.

“Are Christian schools going to retain those parents who came at the end of COVID and continue to grow?” says Vance Nichols, head of Alta Loma Christian School in southern California. “That’s the question of the moment.”

In Florida and Arizona, the answer to that question seems to be yes, thanks to new universal choice laws.

By removing income and other restrictions on receiving school choice funding, the universal laws have expanded the eligibility pool nationwide by about 4 million students, bringing the total to more than 13 million, according to the advocacy group EdChoice.

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Destructive Leftist influence on Australian education

One in three Australian school children, according to the latest Naplan results, are falling well behind in literacy and numeracy. A cynic might be tempted to compare that number with the approximately one in three Australians who voted for Labor at the last election. For sure, it’s a facetious comparison, but, alas, not an inaccurate one. There is no question that now, fifty years on from the Whitlam government and its disastrous experiments in corrupting young peoples’ minds with socialist claptrap, we can safely conclude that the modern Australian left has wilfully damaged the intellectual development of two generations of Australian children.

That is not to say there aren’t any bright kids out there. There most certainly are. Australian ingenuity, resilience, optimism, determination, entrepreneurialism and go-getter qualities still thrive amongst many of our great youth. But they have been egregiously betrayed by an academic system that has starved them of the great minds and works that should be their birthright. Denied them the critical thinking and academic robustness that is essential to living a positive and productive, not to mention an intellectually fulfilling, life.

Even those kids who do thrive academically and achieve good results have been seriously damaged thanks to a shockingly low standard of education built largely upon leftist ideology and Labor/Greens dogma. Gay propaganda fills the walls, anti-white racist theories abound and our extraordinary academic traditions are wilfully ignored. Only this week we learned of a school in Sydney’s Sutherland Shire where pre-school kids are forced to write essays apologising for British colonialism. This is intellectual child abuse; Marxism’s ‘long march’ at its most pernicious.

As with everything the left touches, and pours money into, the results are invariably the same: failure. So more money is poured in. And the failures continue to mount.

The reason is simple. The entire modern leftist approach of ‘we know what is best for you’ is wrong. They don’t know and never did know. Individuals must be free to make mistakes, be free to bounce back, be free to explore unorthodox ideas, be free to challenge and be free to dream of a better way. Sadly, the entrepreneurial flame of so many of our youth is now being wasted in the dead ends of eco-alarmism and woke ideology. Schools and universities teach unrelenting propaganda and ‘consensus’ rather than the free thinking that is critical to genuine progress and insight.

Bedwetters of the Liberal party fool themselves that the ‘times have changed’ and that in order to attract younger ‘more progressive’ voters the right needs to adopt left-leaning policies and priorities. The opposite is true. Having marinated in a sludge of toxic environmentalism and grievance politics throughout their entire childhood, what young intellectually-deprived minds desperately require is alternative stimulation, not more of the same.

For sure, many kids will lazily hang on to the dreary, soul-sapping self-loathing of wokeness, complete with its climate doom-mongering and sinister Malthusian ideology. But exposed to the tantalising and forbidden spark of an alternative, positive, optimistic, freedom-loving, modern conservatism, many young minds are capable of being inspired. Having spent most of their childhoods being brainwashed into believing there is no future worth striving for because the planet is doomed to disappear in an imaginary climate inferno sometime in the next (5? 12? 20? 50? It keeps changing) years, and having been convinced that their ancestors were either blood-thirsty racists or imprisoned slaves, it must surely be wonderfully refreshing to hear the alternative conservative perspective: climate change is at best a hoax, at worst a manageable phenomenon, we are not doomed, we have all the available technology already to hand to reduce emissions to zero if we are so inclined, not that we necessarily need to, and our ancestors, black and white, were extraordinarily gifted and caring people, many of whom gave up their own lives to ensure we get to enjoy the nourishing fruits of our culture and our history.

Indeed, what is needed from the Liberal leadership is not more pandering to the left, but quite the opposite: a determination to vociferously and energetically oppose the left’s fraudulent agenda wherever and whenever it pops its ugly head up.

Youth and rebelliousness have always gone hand in hand. The cunning trick of the modern left has been, through our education system, to convince these adolescents that ‘climate activism’ and ‘being an ally to LGBTQ+’ or ‘supporting the Voice’ is somehow a rebellious action. It is not. It is as mainstream and as boringly unimaginative as you can possibly get. These gullible kids have been hoodwinked into supporting the big, pampered, all-powerful, elitist and monied end of town.

During the late 1970s, the rebellious rock ’n’ roll culture had itself become bloated, pampered, self-indulgent and lazy, unrecognisable to the original rebels of the early 1960s. Appalled that these cocaine-addled, squillionaire LA rock stars somehow represented them, angry kids found their own way to rebel, as punks.

The only credible radicalism and anti-authoritarianism on offer to today’s youth is to oppose woke intolerance and the left’s brainwashing and racist grievance ideology. Call it ‘punk conservatism’ if you will.

Let’s hope the indomitable Aussie spirit can once again rise to defeat the freedom-hating socialists ruining our children’s future prospects and prosperity.

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My other blogs: Main ones below

http://dissectleft.blogspot.com (DISSECTING LEFTISM)

http://antigreen.blogspot.com (GREENIE WATCH)

http://pcwatch.blogspot.com (POLITICAL CORRECTNESS WATCH)

http://australian-politics.blogspot.com/ (AUSTRALIAN POLITICS)

http://snorphty.blogspot.com/ (TONGUE-TIED)

http://jonjayray.com/blogall.html More blogs

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