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" "Researchers discovered that for a given cohort of law school graduates, there was a massive disparity between those who listed themselves as Native American lawyers on the census (228) and the number of self-identified Native Americans who graduated law school over that same time period (2,610). In other words, over ten times as many people claimed to be Native American when they applied to law school than identified themselves as Native American lawyers once they graduated.
David E. Bernstein (born 1967) is a law professor at the George Mason University School of Law in Arlington, Virginia, where he has taught since 1995. His primary areas of scholarly research are constitutional history and the admissibility of expert testimony. Bernstein is a contributor to the legal blog The Volokh Conspiracy. Bernstein is a graduate of the Yale Law School, where he was a John M. Olin Fellow in Law, Economics and Public Policy, a Claude Lambe Fellow of the Institute for Humane Studies, and a senior editor of the Yale Law Journal. He received his undergraduate degree from Brandeis University.
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[T]he Constitution was built for deliberation, not for speed. The Founding Fathers sought to create a system of checks and balances that prevents any branch of government from becoming tyrannical. The rise of czars threatens that goal. Hopefully, the political problems the czars caused President Obama mean that the American czar system will share the fate of the Russian one.
OCR [US Department of Education's Office of Civil Rights] also states that a "school should also ensure that hearings are conducted in a manner that does not inflict additional trauma on the complainant", which implies that the school should not start the proceedings with a presumption of innocence, or even a stance of neutrality. Rather, university officials should assume that any complaint is valid and the accused is guilty as charged.
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In early 2014, the Department of Justice and Education issued guidelines pressuring public school districts to adopt racial quotas when disciplining children. The basis for this guidance was studies showing that black children were over three times more likely to face serious punishment--suspension or expulsion--for misbehaving at school. The government concluded that school districts were engaging in massive illegal discrimination against black students. In fact, however, the government had no basis for its conclusion. The Supreme Court has explicitly stated that racial disparities in punishment do not by themselves prove discrimination, as they may just be consistent with the underlying rates of misbehavior by each group. There are no valid statistics (and the government hasn't cited any) from which one can infer that black students and white students would be expected to engage in serious misbehavior in school at the same rate. Unless there is some reason to expect kids to behave completely differently at school than outside of it, the school discipline figures are in line with what one would expect. African-American minors are arrested outside of school for violent crime at a rate approximately 3.5 times their share of the population. Moreover, as former Department of Education attorney Hans Bader notes, the government's own statistics show that white boys were over two times as likely to be suspended as their peers of Asian descent. By the government's logic, this means, absurdly, that school districts must be discriminating against white students and in favor of Asians. As of this writing, Minneapolis education authorities have announced their intention to end the black/white gap in suspensions and expulsions, a plan that struck many observers as announcing the imposition of quotas on school discipline.