DEI Administrators Pose “Grave” Threat to Equal Treatment Under Law

(p. A11) Falls Church, Va.

Wokeness, or what used to be called political correctness, once seemed merely harebrained, the product of shallow ideas and immature passion. The common view was that undergraduates would outgrow it once they left campus and faced the rigors of the real world.

You seldom hear that anymore, as those ideas have run amok in culture- and economy-defining institutions ranging from news organizations and local governments to professional societies and corporate boardrooms. But Ilya Shapiro thinks we’re not alarmed enough about their influence in one important corner of academia: law schools. The professional ideologues who wield administrative authority on American college campuses want nothing less than to “change the American constitutional system,” Mr. Shapiro says. They pose a grave long-term threat to “the rule of law and inalienable rights, and even concepts like equal treatment under the law.”

Mr. Shapiro, 45, is director of constitutional studies at the Manhattan Institute. Hunkered down in the study of his Virginia home, he’s working on a book, “Canceling Justice: The Illiberal Takeover of Legal Education,” that seeks to lay bare the process by which bureaucrats appointed to promote “diversity, equity and inclusion” on campus have “perverted our system of legal education.”

For the full interview, see:

Tunku Varadarajan, interviewer. “THE WEEKEND INTERVIEW; DEI at Law Schools Could Bring Down America.” The Wall Street Journal (Saturday, April 1, 2023): A11.

(Note: in original, Falls Church, Va. is in italics.)

(Note: the online version of the interview has the date March 28, 2023, and has the same title as the print version.)

Majority Doubt College Degree Is Good Investment

(p. A3) A majority of Americans don’t think a college degree is worth the cost, according to a new Wall Street Journal-NORC poll, a new low in confidence in what has long been a hallmark of the American dream.

The survey, conducted with NORC at the University of Chicago, a nonpartisan research organization, found that 56% of Americans think earning a four-year degree is a bad bet compared with 42% who retain faith in the credential.

Skepticism is strongest among people ages 18-34, and people with college degrees are among those whose opinions have soured the most, portending a profound shift for higher education in the years ahead.

For the full story, see:

Douglas Belkin. “More Say Colleges Aren’t Worth the Cost.” The Wall Street Journal (Saturday, April 1, 2023): A3.

(Note: the online version of the story has the date March 31, 2023, and has the title “Americans Are Losing Faith in College Education, WSJ-NORC Poll Finds.”)

Poor People Benefit More From “Entrepreneurial Capitalism” Than From Philanthropy

(p. A15) Paul David Hewson said it best during a 2012 speech at Georgetown University. Wait, who? “Aid is just a stopgap,” said Mr. Hewson, whose stage name is Bono. “Commerce [and] entrepreneurial capitalism take more people out of poverty than aid. We need Africa to become an economic powerhouse.” We still haven’t found what he’s looking for. An economic powerhouse would be able to afford mosquito nets and malaria drugs without handouts. That should be the endgame.

. . .

At its best, lots of philanthropy is very useful, but may not be sustainable over time—a sugar high that rarely enables that “teach a man how to fish” thing. Effective altruism may be an oxymoron. And it’s hard to miss that much of philanthropy is to fix government failures in education, welfare or medicine. I think that was Bono’s point.

But at its shadiest, philanthropy drives the misallocation of capital, overvaluing professors, the U.N. and climate poets and undervaluing those who can productively increase societal wealth to fund solutions to the future’s harder problems.

If only there were a way to use capital to provide opportunity, train workers, pay middle-class wages, help people build wealth . . . wait, it just came to me. How about starting new companies and investing in entrepreneurs and world-changing technology?

For the full commentary, see:

Andy Kessler. “INSIDE VIEW; A Wrench Thrown Into Capitalism.” The Wall Street Journal (Monday, April 17, 2023): A15.

(Note: ellipsis between paragraphs, added; ellipsis internal to last quoted paragraph, in original; bracketed word in original.)

(Note: the online version of the commentary has the date April 16, 2023, and has the same title as the print version.)

Public Unions Are “Designed for Inefficiency”

(p. A13) Mr. [Philip] Howard, a lawyer and writer, first noticed how unions stymie governance during his public service in New York as a member of a neighborhood zoning board and chairman of the Municipal Art Society. “I kept wondering why my friends who had responsible jobs in government couldn’t do what they thought was right,” he recalls. That might be speeding up a land-use review for a construction project or approving repairs on a school building.

“I’d have discussions with them about what made sense in a particular situation, and they would say, ‘I wish I could, but I can’t.’ ” Any careful or profitable plans were quickly blown up by union rules, such as limits on workers’ hours and duties.

This week the New York transit union gave an example for the ages. It blocked the subway system’s plan to sync its schedule to new ridership norms, with fewer trains on slow days and lightly traveled routes and more trains on busy ones. The change would have saved $1.5 million a year, benefited riders and preserved workers’ paid hours. But an arbitrator shelved it Tuesday because the union couldn’t bear the “variations in start and end times.”

“They’re not just inefficient,” Mr. Howard says of the unions. “They’re designed for inefficiency.”

“They’re designed to require a new work crew to come cut a tree limb because the people fixing the rails don’t have authority to remove a tree limb. They’re designed to prevent supervisors from observing teachers, except under very controlled circumstances. They’re designed to prevent the principal from giving extra training to a teacher. They’re designed to prevent a supervisor in an agency from going and talking to a worker and soliciting ideas about how to make things work better.”

Mr. Howard, 74, keeps listing examples until I jump in to stop him. They’re fresh in his mind because these schemes are the target of his new book, “Not Accountable: Rethinking the Constitutionality of Public Employee Unions.”

For the full interview, see:

Mene Ukueberuwa, interviewer. “THE WEEKEND INTERVIEW; Public Unions vs. the People.” The Wall Street Journal (Saturday, March 4, 2023): A13.

(Note: bracketed name added.)

(Note: the online version of the interview has the date March 23, 2023, and has the same title as the print version. In both versions, the word “designed” is in italics.)

Philip Howard’s book mentioned above is:

Howard, Philip K. Not Accountable: Rethinking the Constitutionality of Public Employee Unions. Garden City, NY: Rodin Books, 2023.

Stanford Law School Associate Dean for D.E.I. Praises Students for Violating Free Speech of Federal Judge

(p. A15) Stanford Law School’s website touts its “collegial culture” in which “collaboration and the open exchange of ideas are essential to life and learning.” Then there’s the culture I experienced when I visited Stanford last week.

. . .

Before my talk started, the mob flooded the room. Banners unfurled. Signs brandished: “FED SUCK,” “Trans Lives Matter” (this one upside down), and others that can’t be quoted in a family newspaper. A nervous dog—literally, a canine—was in the front row, fur striped with paint.

. . .

When the Federalist Society president tried to introduce me, the heckling began. “The Federalist Society (You suck!) is pleased to welcome Judge Kyle Duncan(You’re not welcome here, we hate you!). . . . He was appointed by President Trump to the United States Court of Appeals for the Fifth Circuit (Embarrassing!).” And so on. As I began, the heckling continued. Try delivering a speech while being jeered at every third word. This was an utter farce, a staged public shaming. I stopped, pleaded with the students to stop the stream of insults (which only made them louder), and asked if administrators were present.

Enter Tirien Steinbach, associate dean for diversity, equity and inclusion. Ms. Steinbach and (I later learned) other administrators were watching from the periphery. She hadn’t introduced herself to me. She asked to address the students.

. . .

My “work,” she said, “has caused harm.” It “feels abhorrent” and “literally denies the humanity of people.” My presence put Ms. Steinbach in a tough spot, she said, because her job “is to create a space of belonging for all people” at Stanford. She assured me I was “absolutely welcome in this space” because “me and many people in this administration do absolutely believe in free speech.” I didn’t feel welcome—who would? And she repeated the cryptic question: “Is the juice worth the squeeze?”

I asked again what she meant, and she finally put the question plainly: Was my talk “worth the pain that this causes and the division that this causes?” Again she asserted her belief in free speech before equivocating: “I understand why people feel like the harm is so great that we might need to reconsider those policies, and luckily, they’re in a school where they can learn the advocacy skills to advocate for those changes.” Then she turned the floor back over to me, while hoping I could “learn too” and “listen through your partisan lens, the hyperpolitical lens.” In closing, she said: “I look out and I don’t ask, ‘What’s going on here?’ I look out and I say, ‘I’m glad this is going on here.’ ” This is on video, and the entire event is on audio, in case you’re wondering.

. . .

Two days later, Jenny Martinez and Marc Tessier-Lavinge, respectively the law school’s dean and the university’s president, formally apologized, confirming that protesters and administrators had violated Stanford policy. I’m grateful and I accepted. The matter hasn’t dropped, though. This week, nearly one-third of Stanford law students continued the protest—donning masks, wearing black, and forming a “human corridor” inside the school. They weren’t protesting me; I’m long gone. They were protesting Ms. Martinez for having apologized to me.

The most disturbing aspect of this shameful debacle is what it says about the state of legal education. Stanford is an elite law school. The protesters showed not the foggiest grasp of the basic concepts of legal discourse: That one must meet reason with reason, not power. That jeering contempt is the opposite of persuasion. That the law protects the speaker from the mob, not the mob from the speaker. Worst of all, Ms. Steinbach’s remarks made clear she is proud that Stanford students are being taught this is the way law should be.

For the full commentary, see:

Stuart Kyle Duncan. “My Struggle Session at Stanford Law School.” The Wall Street Journal (Saturday, March 18, 2023): A15.

(Note: ellipses added. In the original, the word “taught” is in italics.)

(Note: the online version of the commentary has the date March 17, 2023, and has the same title as the print version.)

Scientists Resurrect “Sweet and Possibly Medicinal” Judean Date Palm Pushed to Extinction by Roman Soldiers

(p. C11) The Judean date palm, prized for its sweet and possibly medicinal fruits, had been a feature of the landscape of biblical Israel. In the aftermath of the failed Jewish rebellion at the fortress of Masada in A.D. 73, Roman soldiers set about destroying the date trees, . . .

. . .

The few remaining Judean palms eventually died out. Yet the species wasn’t gone forever, as Martin Lemelman tells children in a captivating graphic novel,”The Miracle Seed.”

With economical text and expressive panel illustrations, Mr. Lemelman recounts the story of the tree’s astounding 21st-century resurrection. Among the detritus left at Masada, he explains, was an earthenware jar containing six Judean palm seeds.

. . .

“The Miracle Seed” not only reads like an adventure but also exudes an optimism of the kind that children ages 8-14 deserve.

For the full review, see:

Meghan Cox Gurdon. “Coaxing New Life From Ancient History.” The Wall Street Journal (Saturday, March 25, 2023): C11.

(Note: ellipses added.)

(Note: the online version of the review has the date March 24, 2023, and has the same title as the print version.)

The book under review is:

Lemelman, Martin. The Miracle Seed. Grand Rapids, MI: Eerdmans Books for Young Readers, 2023.

As College Enrollments Drop, Apprenticeships Flourish

(p. A5) Today, colleges and universities enroll about 15 million undergraduate students, while companies employ about 800,000 apprentices. In the past decade, college enrollment has declined by about 15%, while the number of apprentices has increased by more than 50%, according to federal data and Robert Lerman, a labor economist at the Urban Institute and co-founder of Apprenticeships for America.

Apprenticeship programs are increasing in both number and variety. About 40% are now outside of construction trades, where most have traditionally been, Dr. Lerman said. Programs are expanding into white-collar industries such as banking, cybersecurity and consulting at companies including McDonald’s Corp., Accenture PLC and JPMorgan Chase & Co.

. . .

. . ., some employers say a mismatch has developed between the skills employers are seeking and the lessons students are learning in college and university courses. To address the mismatch, companies are dropping requirements for degrees for some jobs, and states are rebuilding the vocational-education pathways that were de-emphasized two generations ago when the nation adopted a college-preparatory path for nearly all students.

. . .

Companies such as Alphabet Inc.’s Google, Delta Air Lines Inc. and International Business Machines Corp. have responded by dropping college degrees as requirements for some positions and shifting hiring to focus more on skills and experience. Pennsylvania has cut college-degree requirements for some state jobs, and Maryland has set a statewide goal of 45% of high-school students starting a registered apprenticeship by 2031.

For the full story, see:

Douglas Belkin. “More Choose Apprenticeships Instead of Heading to College.” The Wall Street Journal (Saturday, March 18, 2023): A5.

(Note: ellipses added.)

(Note: the online version of the story was updated March 16, 2023, and has the title “More Students Are Turning Away From College and Toward Apprenticeships.”)

Many Universities, Embracing DEI, No Longer Hire and Reward Based on Competence and Merit

(p. A13) Diversity is no longer a term to describe the breadth of our differences but a demand to flatter and grant privileges to purportedly oppressed identity groups. Equity assigns desirable positions based on race, sex and sexual orientation rather than character, competence and merit. Inclusion now means creating a social environment where identity groups are celebrated while those who disagree are maligned.

“Diversity, Equity, and Inclusion” [DEI]—the compound form of these modern concepts—is especially toxic. It divides us by social identity groups, ranks those groups on privilege and power, and excludes those who fail to honor the new orthodoxy. Rather than being equally endowed with innate dignity and fundamental rights as human beings—best judged by our character and not skin color—we are supposed to discriminate and confer status based on race, sex and cultural affinity.

. . .

When coming from the college’s administration, DEI practices essentially gatekeep entry to college faculty, staff and students. Requiring DEI statements as part of the faculty employment process dissuades those who think otherwise from even applying. It stifles discourse by keeping dissenting viewpoints from campus in the first place.

College DEI training programs discourage the open and candid discussion necessary for intellectual growth. They exacerbate divisions between groups, creating an environment of tension, fear and one-mindedness, and they have the pernicious effect of closing minds and shutting down thoughtful debate even before classes begin.

DEI attacks the integrity of the academic project. Instead of listening to divergent voices, ears are shut. Instead of the free expression of contrary opinions, chilling self-censorship takes place. Instead of a campus open to all, one finds a narrow doorway through which only an approved few may enter. If the right pieties and homilies aren’t made, ostracization and exclusion become the norm rather than the exception. Unanimity, inequality and exclusion—Orwellian indeed.

For the full commentary, see:

Matthew Spalding. “DEI Spells Death for the Idea of a University.” The Wall Street Journal (Saturday, Feb. 11, 2023): A13.

(Note: ellipsis, and bracketed abbreviation, added.)

(Note: the online version of the commentary has the date February 10, 2023, and has the same title as the print version.)

Flourishing Is the End, Profit Can Be a Means

Glen Hubbard has long been a thoughtful defender of entrepreneurial capitalisms. The article quoted below from The New York Times suggests that he is moving away from that. Is that true, or is The New York Times misrepresenting the development of Hubbard’s thoughts? I suspect the latter, but I have not kept up with Hubbard’s recent articles or lectures. Profits are a key means to enable human flourishing. The two are not inconsistent. Flourishing is the end, profit can be a means.

(p. C1) One zigs, the other zags. One teases the passer-by with bands of translucent glass wrapping a core of clear windows; the other, with floors angled in and out — a gentle architectural mambo. The pair of buildings that comprise Columbia University’s new business school, on its growing Manhattanville campus, exude a nervous off-kilter energy.

. . .

(p. C4) Glenn Hubbard, the former business school dean who brought the project to fruition, saw the need to break free from fealty to the unregulated free market economy that over decades has led to extraordinary wealth concentration. The idea that business should focus only on making money, attributed to the economist Milton Friedman, “was a simple and direct idea that took over business, banking, even corporate law,” Hubbard explained. “We are trying to come up with a framework that can be more about flourishing, not just profit.”

“The vision now is to bring people together and debate issues going on in the world,” said Costis Maglaras, who was on the faculty as the project was being designed and who succeeded Hubbard.

For the full story, see:

James S. Russell. “A Temple of Capitalism Opens Itself Up.” The New York Times (Saturday, January 7, 2023): C1 & C4.

(Note: ellipsis added.)

(Note: the online version of the story was updated Jan. 9, 2023, and has the title “At Columbia’s $600 Million Business School, Time to Rethink Capitalism.”)

Racial Disparity in Wages Is Mostly Due to Racial Disparity in Skills

(p. A11) I was raised, in part, by my paternal grandmother—a phenomenal black woman born in 1925 who came of age during Jim Crow, attended Bethune-Cookman University in the early 1940s, and experienced both the promise and limitations of the civil-rights era when integrating schools in Florida in 1969. She did her best to teach sixth-graders subject-verb agreement minutes after being spat on by their parents. Her life’s journey provided unlimited content as we sat together for nearly three decades, stuck to the plastic slipcovers on her sofa, playing cards, drinking sweet tea, and talking uninhibitedly about race in America.

. . .

. . ., in graduate school, I read a 1995 paper titled “The Role of Premarket Factors in Black-White Wage Differences.” Using a nationally representative sample of more than 12,000 14- to 17-year-olds from 1979, Derek A. Neal and William R. Johnson estimated that blacks earned between 35% to 45% less than whites on average.

. . .

“We find,” they wrote in the abstract of their paper, “that this one test score explains all of the black-white wage gap for young women and much of the gap for young men.” With their approach, antiblack bias played no role in the divergent wages among women; a black woman with the same qualifications as a white woman made slightly more money. And it accounted for at most 29% of the racial difference among men, with 71% traceable to disparate performance on the AFQT. The AFQT itself was evaluated by the Pentagon, which found that black and white military recruits with similar AFQT scores performed similarly on the job—indicating no racial bias.

The paper felt like an attack on what I knew. An assault on all those conversations with my grandmother, which taught me that racism—present-tense racism—dictated black-white inequality.

. . .

I vented about my battle with Messrs. Neal and Johnson to a fellow graduate student at Penn State, a white guy from the cornfields of Southern Illinois.

. . .

I told him I was sure discrimination was a bigger factor than Messrs. Neal and Johnson were letting on, but “I just can’t get this data to cooperate.”

. . .

He pointed out how far I was straying from our Euler equations. How on any subject other than race, I would have never given in to such sloppy thinking.

. . .

Messrs. Neal and Johnson, as it turns out, aren’t bigots, and their conclusions have stood the test of time and my attempts to disprove them. I extended their analysis to unemployment, teen pregnancy, incarceration and other outcomes—all of which follow the same pattern.

. . .

Taken together, an honest review of the evidence suggests that current racial inequities are more a result of differences in skill than differences in treatment of those with the same skill.

. . .

A black kid who believes he will face daunting societal obstacles is likely to underinvest in trying to climb society’s rungs. Every black student in the country needs to know that his return on investment in education is, if anything, higher than for white students.

. . .

The solution isn’t to look away from discrimination. It does exist. But we also can’t point at every gap in outcomes and instantly conclude it’s racism. Prejudice must be measured rigorously. Statistically. Disparity doesn’t necessarily imply racism. It may feel omnipresent, but it isn’t all-powerful. Skills matter most.

For the full commentary, see:

Roland Fryer. “Disparity Doesn’t Necessarily Imply Racism.” The Wall Street Journal (Saturday, November 26, 2022): A11.

(Note: ellipses added.)

(Note: the online version of the commentary has the date November 25, 2022, and has the same title as the print version.)

The Neal and Johnson paper discussed by Fryer in passages quoted above is:

Neal, Derek A., and William R. Johnson. “The Role of Premarket Factors in Black-White Wage Differences.” Journal of Political Economy 104, no. 5 (Oct. 1996): 869-95.

(Note: the reference is linked to the NBER draft of the paper, and not to the final published version, which can obtained from academic databases such as JSTOR.)

The McCarthy Era, and Right Now: Each a “Very Bad Time” for Free Speech

(p. A13) New Milford, Conn.

Old-fashioned liberalism doesn’t get much respect these days, and Nadine Strossen illustrates the point by pulling out a hat. “I have to show you this gift that somebody gave me, which is such a hoot,” she says, producing a red baseball cap that bears the slogan MAKE J.S. MILL GREAT AGAIN. “Which looks like a MAGA cap,” she adds, as if to help me narrate the scene.

As she dons it, I observe that if she walked around town in her bright-blue home state, angry onlookers would think it was a MAGA hat. “And,” she continues, “I can’t tell you how many educated friends of mine have said, ‘Who is J.S. Mill?’ So we really do have to make him great again.”

Ms. Strossen, 71, has made a career as a legal and scholarly defender of classical liberal ideals, most notably as president of the American Civil Liberties Union from 1991 through 2008. She brings up John Stuart Mill (1806-73), the British philosopher and parliamentarian, by way of citing his view, as she puts it, “that everything should be subject to re-examination,” including “our most cherished ideas.”

. . .

“For many decades now there’s been this asserted dichotomy or tension between equality rights and liberty,” Ms. Strossen says. “I continue to believe that they’re mutually reinforcing, that we can’t have meaningful liberty, in a meaningful sense, unless it’s equally available to everybody. . . . Every single one of us should have an equal right to choose how we express ourselves, how we communicate to somebody else, what we choose to listen to.”

She elaborates in her 2018 book, “Hate: Why We Should Resist It With Free Speech, Not Censorship,” and in our interview when we turn to higher education. Campus authorities frequently justify the suppression of “so-called hate speech”—Ms. Strossen is punctilious about including that dismissive qualifier—with what she calls the “false and dangerous equation between free expression and physical violence.”

“When people hear the term ‘hate speech,’ ” she says, “they usually envision the most heinous examples—a racial epithet; spitting in the face of Dr. Martin Luther King. But in fact, when you see what’s been attacked as so-called hate speech on campus, it’s opposing the idea of defund the police, opposing the idea of open borders.” Any questioning of transgender ideology or identity is cast as “denying the humanity of trans people, or transphobic.” Ms. Strossen hastens to add that “I completely support full and equal rights for trans people,” but she says critics are “raising concerns that I think deserve to be raised and deserve to be discussed.”

Ms. Strossen, herself a professor emerita at New York Law School, likens the situation on campuses to McCarthyism, “a climate of fear that leads to treating certain people with suspicion or, worse, ostracizing those people and those who try to defend them, and punishing them.”

. . .

On campus, she admits that things are worse than they’ve been at least since the McCarthy era—but she still tries to look on the bright side. “I am absolutely convinced that a future generation is going to look back on this time and say this is another very bad time,” she says.

For the full interview, see:

Tunku Varadarajan. “THE WEEKEND INTERVIEW; Make Freedom of Speech Liberal Again.” The Wall Street Journal (Saturday, Aug. 6, 2022): A13.

(Note: ellipses between paragraphs, added; ellipsis internal to paragraph, in original.)

(Note: the online version of the interview has the date August 5, 2022, and has the same title as the print version.)

The Strossen book mentioned in the interview is:

Strossen, Nadine. Hate: Why We Should Resist It with Free Speech, Not Censorship. New York: Oxford University Press, 2020.