diversity oaths – Overlawyered

Campus climate roundup

Walter Olson — Mon, 16 Mar 2020 10:01:42 +0000

Held over from a week or two back when there were still “campuses” (a joke on that):

Not just California: mandatory diversity statements (“diversity oath”) examples in recent hiring from Ohio State, U. of Connecticut, Purdue, Cornell [John Cochrane, earlier]
Disturbing: Canadian bioethicist says “possible solution” to conscience-rights debate is to bar persons with scruples against participating in medically assisted death or abortion from entering medical or pharmacy school in first place [Rachel Browne, Global News]
If you guessed North Carolina would not be friendly territory for obligatory social justice and cultural studies curriculum, you guessed wrong [David Randall, Martin Center]
Claim: clinical education in law schools is moving away from “the social justice values that have been [its] hallmark.” Another way of looking at it: it might be moving at last toward better viewpoint neutrality [Paul Caron/TaxProf]
“Joe Biden’s Record on Campus Due Process Has Been Abysmal. Is It a Preview of His Presidency?” [Emily Yoffe] “Harvard Debuts Anonymous Online Title IX Reporting Form” [Simone Chu and Iris Lewis, The Crimson]
“Bias Response Teams Silence Civic Debate” [George LaNoue, Law and Liberty on Speech First v. Fenves over University of Texas policies]

Tags: colleges and universities, diversity oaths, Joe Biden, law schools, North Carolina, Title IX

Campus climate roundup is a post from Overlawyered - Chronicling the high cost of our legal system

More about University of California diversity oaths

Walter Olson — Thu, 06 Feb 2020 05:05:27 +0000

Details continue to emerge about the University of California’s use of mandatory diversity statements in faculty hiring (earlier here, etc.) In Berkeley life sciences hiring “diversity statements were used at the outset of searches to eliminate candidates.. … No matter how good your scholarship, if you didn’t pass the diversity [advocacy] cutoff (a score of 11 in the second search), you were toast.” [Jerry Coyne; John Cochrane]

“UC Berkeley has publicized its rubric for assessing peoples’ diversity and inclusion statements. You get 5 points for ‘Clear and detailed ideas for…advancing equity and inclusion…through their research, teaching, and/or service.’ Note word ‘research’.” [Agnes Callard] What if you embark on research that bears on questions of equity and inclusion but it reaches findings that do not advance the cause?

UCLA law professor Stephen Bainbridge, a friend of this site, recently chose to submit and publish a diversity statement emphasizing his efforts to foster a more ideologically diverse atmosphere at his UC campus — testing whether diversity as such, or only some manifestations of it, are the goal [AEI “Carpe Diem”] It caused a stir [Bainbridge blog, reactions and emails; some faculty at campuses like UC Davis have begun to push back] Given that UC is a public university, the prospects for a legal challenge appear strong, and there is interest in mounting a suit [Brian Leiter]

Meanwhile at the national and federal level, a $241 million cluster-hire grant program from the National Institutes of Health (NIH) “is requiring every candidate to prove that they have already promoted diversity”; among those who may lose out are “minority candidates who have been doing things other than ‘changing the culture'” [Jerry Coyne]

Tags: California, colleges and universities, diversity oaths, science and scientists

More about University of California diversity oaths is a post from Overlawyered - Chronicling the high cost of our legal system

“The first portion of the rule would impose a duty on all attorneys to promote diversity and inclusion.”

Walter Olson — Tue, 28 Jan 2020 11:01:17 +0000

Josh Blackman spots an article in the ABA Journal proposing a new ABA Model Rule 8.5 that would declare it “a lawyer’s professional responsibility to promote equality in society generally, diversity in the legal profession specifically, and encourage lawyers to devote 20 hours annually to activities directed toward promoting diversity in the profession.” Blackman writes:

The [proposed] Rule adopts a specific philosophical viewpoint–promoting diversity and inclusion–and makes it the orthodoxy for attorneys. Under this proposed rule, those who do not adopt that philosophy will be violating a “duty” and “ethical obligation.” Those who choose not to attend certain CLE classes would now be disregarding an aspirational goal….

Not every attorney agrees that “every lawyer has a professional duty to undertake affirmative steps to remedy de facto and de jure discrimination, eliminate bias, and promote equality, diversity and inclusion in the legal profession.” Far too many attorneys–especially academics–take this statement as an unassailable fact of life. It’s not.

Bar associations exist to promote and regulate the legal profession. They do not exist to promote specific ideologies.

Compare ABA Model Rule 8.4(g), which Blackman and many others have argued is a step toward an unconstitutional speech code for attorneys, and the mandatory statements of support for diversity, equity and inclusion in the University of California system and elsewhere in higher education.

Tags: bar associations, diversity oaths, First Amendment, legal profession

“The first portion of the rule would impose a duty on all attorneys to promote diversity and inclusion.” is a post from Overlawyered - Chronicling the high cost of our legal system

Campus climate roundup

Walter Olson — Fri, 20 Dec 2019 10:59:18 +0000

As part of “human rights capstone project” Yale student disrupts professors deemed not progressive enough, including law school’s estimable Akhil Amar. Time for the university to reaffirm the Woodward Report and intellectual freedom [Yale Daily News: Audrey Steinkamp, Matt Kristoffersen followup]
“The foundational claim leveled by anti-racism protestors is that violence is ubiquitous on campus…. Violence is not meant to be taken metaphorically…. Threats to life are now commonplace accusations.” [Darel E. Paul, Areo] “What is the difference between firing tenured professors and removing them from required classes?” [Jonathan Adler]
“Faculty at universities across the country are facing an echo of the loyalty oath, a mandatory ‘Diversity Statement’ for job applicants…. in reality it’s a political test, and it’s a political test with teeth.” [Abigail Thompson, Notices of the American Mathematical Society via Colleen Flaherty, Inside Higher Ed and thence via Bainbridge; more, Jerry Coyne and Joel Fish thread with background on new UC centralized hiring procedures; earlier and more on mandatory diversity statements]
Not at all scary or authoritarian for rightists discontented with the political tenor of academia to call for seizing university endowments [for instance, more, a sampling of chatter on Twitter]
Emphasis on writing quality and rigor in coursework decried as instruments of European supremacy [Arnold Kling] California Assembly passes bill requiring all undergrads to take ethnic studies course before graduating [Tony Lima critique]
Urban Institute report claims higher education has seen rightward political shift. Really? [Phillip W. Magness, American Institute for Economic Research with a skeptical look]

Tags: colleges and universities, diversity oaths, wrong right, Yale

Campus climate roundup is a post from Overlawyered - Chronicling the high cost of our legal system

Update: Ontario law society drops mandatory diversity avowal

Walter Olson — Thu, 17 Oct 2019 10:05:04 +0000

In a divided vote last month, “The Law Society of Ontario ditched a controversial rule requiring all lawyers to adopt and abide by a statement advocating equality and diversity.” A compromise measure adopted instead “requires lawyers and paralegals to acknowledge, each year on their report to the society, an awareness of their existing professional obligation to abide by human rights legislation.” [Adrian Humphreys, National Post; text of new requirement at LSO; Cosmin Dzsurdzsa, The Post Millennial; CBC Radio; earlier]

Tags: bar associations, Canada, diversity oaths, free speech in Canada, legal profession

Update: Ontario law society drops mandatory diversity avowal is a post from Overlawyered - Chronicling the high cost of our legal system

Campus speech roundup

Walter Olson — Mon, 29 Apr 2019 09:59:50 +0000

At UCLA as elsewhere, pledges and obligatory statements about diversity threaten academic freedom [Robert Shibley, Minding the Campus, Paul Caron/TaxProf, Christian Schneider, New York Post, earlier]
2019, 1673, whatever: By calling ourselves “inclusive,” Cambridge explains, we mean “there is no place here for” those who fail to accept key tenets of faith and morals [Robby Soave] He “had just chosen to move from Australia, the country where he earned his degrees and spent most of his career, to China. Why? Because, as a researcher, he has more freedom in China.” [Peggy Sastre, Quillette] Heresy hunts in American academia aren’t exactly new, consider what happened fifty years ago to once-lauded “culture of poverty” anthropologist Oscar Lewis [Bryan Caplan]
Remarkable glossary of terms “intended to structure and referee conversations on campus” circulates at Amherst College, whose Office of Diversity and Inclusion has a staff of 20, more than one for every hundred of the institution’s 1800 students [Rand Richards Cooper, Commonweal via Christina Sommers] University of Michigan has at least 82 full-time diversity officers at payroll cost of $10.6 million, a sum would cover full in-state tuition for 708 students [Mark Perry on Twitter] At the University of Texas, diversity-related staffers cost $9.5 million annually [Derek Draplin, College Fix]
Some conservatives do their bit to undermine academic freedom when they try to get professors fired for bad speech unrelated to teaching and scholarship [David French, Robby Soave]
Law schools debate whether to be even more ideological, although the product of the academy is supposed to be knowledge rather than activism [John McGinnis responding to Samuel Moyn] Outcry after Emory Law School suspends professor who had uttered racial slur in context of critically describing others as using the slur [Paul Caron/TaxProf, more]
Rhode Island student drummed out of state college for not advancing “value of social and economic justice” can take his case to a jury, rules state’s high court; Cato Institute had filed amicus brief on his behalf [Ilya Shapiro and Patrick Moran]

Tags: Australia, colleges and universities, diversity oaths, free speech, law schools, Michigan, political correctness, Rhode Island, Texas, wrong right

Campus speech roundup is a post from Overlawyered - Chronicling the high cost of our legal system

Campus speech roundup

Walter Olson — Mon, 31 Dec 2018 11:01:47 +0000

Fourth Circuit: Title IX may oblige universities to take action against outside social media sites whose content is said to create hostile environment. By blocking student access to them? [Samantha Harris, FIRE, Eugene Volokh, Robby Soave on University of Mary Washington ruling]
Return of the loyalty oath? Some senior academics speak out against required faculty diversity statements and pledges, at the University of California [Stephen Bainbridge, Nick Wolfinger, John McGinnis, Law and Liberty] and Harvard [Colleen Flaherty, Inside Higher Ed, Jeffrey Flier, Times Higher Education]
Speech codes and “The Coddling of the American Mind”: Greg Lukianoff and Adam Goldstein guestblog at Volokh Conspiracy [series: first, second, third, fourth, fifth]
“OCR’s use of overly broad anti-Semitism definition threatens student and faculty speech” [Zach Greenberg, FIRE] University of Washington lecturer publishes article on sex differences in pursuit of computer careers, it’s cited as gender harassment as part of successful push for training and curriculum review [Stuart Reges, Quillette] Update on “Fourth floor, ladies’ lingerie” joke episode [Katherine Mangan, Chronicle of Higher Education, earlier]
Bias response teams are benign-sounding way to police speech [Dan E. Way, Martin Center] Prescribed first-year programs do much to bend the assumptions surrounding what can be safely said [John Tierney, City Journal] Artists’ intent was to challenge Confederate imagery, but some students were offended, so down it went [Inside Higher Ed: Scott Jaschik and Emily Chamlee-Wright and Sarah Skwire]
Speech First, recently formed nonprofit group, sues University of Texas over speech policies [Phil Prazan, KXAN, Washington Examiner: Lauren Cooley and Grant Addison]

Tags: art and artists, colleges and universities, diversity oaths, free speech, Harvard, hostile environment, Title IX

Campus speech roundup is a post from Overlawyered - Chronicling the high cost of our legal system

Campus climate roundup

Walter Olson — Mon, 10 Sep 2018 10:06:54 +0000

In separate incidents, public universities (Rutgers and the University of New Mexico, respectively) discipline a professor and a med student over vulgar and inflammatory political postings on their personal Facebook pages. First Amendment trouble [FIRE on Rutgers case; Eugene Volokh: Rutgers, UNM cases]
Defend someone who’s facing Title IX charges, and you just might yourself find yourself facing Title IX charges too along with the withholding of your degree [ABA Journal on Yogesh Patil case; Drew Musto, Cornell Sun (19 Cornell law profs write to president to criticize withholding of Ph.D.); Scott Greenfield]
Social justice bureaucracy within University of Texas might be bigger than some whole universities [Mark Pulliam] “Ohio State employs 88 diversity-related staffers at a cost of $7.3M annually” [Derek Draplin, The College Fix]
“Male, pale and stale university professors are to be given ‘reverse mentors’ to teach them about unconscious bias, under a new [U.K.] Government funded scheme” [Camilla Turner, Telegraph]
“Wow, this is truly astounding. A *published* paper [on gender differences in trait variability] was deleted and an imposter paper of same length and page numbers substituted to appease a mob.” [Theodore P. Hill, Quillette, as summarized by Alex Tabarrok] Reception of James Damore episode on campus: “[T]hose of us working in tech have been trying to figure out what we can and cannot say on the subject of diversity. You might imagine that a university would be more open to discussing his ideas, but my experience suggests otherwise.” [Stuart Reges, Quillette]
Speak not of oaths: Cal Poly San Luis Obispo is latest public institution to require diversity statements of all faculty, staff applicants [Rita Loffredo, The College Fix] Harvard students “will be required to complete a Title IX training module to enroll in fall 2018 classes” [Jamie D. Halper, Harvard Crimson]

Tags: colleges and universities, diversity oaths, Harvard, Ohio, political correctness, science and scientists, Texas, Title IX

Campus climate roundup is a post from Overlawyered - Chronicling the high cost of our legal system

Campus climate roundup

Walter Olson — Tue, 24 Apr 2018 09:57:58 +0000

Applicants for faculty positions at UC San Diego must file written statement detailing “past efforts, as well as future plans to advance diversity, equity and inclusion,” and are warned that lip service isn’t enough [Stephen Bainbridge]
CUNY law dean: disruptors shouted down Josh Blackman for only eight minutes or so, nothing contrary to university rules in that [Robby Soave, earlier] “Hecklers of Campus Speakers: Easy Answers and Hard Questions” [Erica Goldberg] “Is Free Speech Becoming the Next Scare-Quote Domain?” [Paul Horwitz]
On a happier note, a Festschrift and tribute essay collection for the inimitable and unstoppable Richard Epstein [University of Chicago Law School]
“Readers may find it remarkable that these students expected the other people in the room to applaud and validate them for derailing the event.” [Robby Soave on Duke protest of alumni event] How to end a building occupation: “The phone calls [from NYU] advised parents that students who interfered with campus functions could [lose] financial aid or housing.” [Kyle Smith, NRO] “Some Pundits Say There’s No Campus Free Speech ‘Crisis.’ Here’s Why They’re Wrong” [Soave]
“The people in that room all agreed that I had committed sexual harassment by showing my class this film” [Soave; Massachusetts College of Art & Design]
A sociologist’s view: if my field is typical, postmodernism and intersectionalism haven’t taken over the academy [Nicholas Wolfinger]

Tags: colleges and universities, diversity oaths, Richard Epstein

Campus climate roundup is a post from Overlawyered - Chronicling the high cost of our legal system

Higher education roundup

Walter Olson — Mon, 17 Apr 2017 04:05:19 +0000

U.S. Department of Education and Title IX: “The Office for Civil Rights Is Still Out of Control” [KC Johnson]
Mobility penalty: “The residency requirement in Cuomo’s free tuition plan makes a bad idea worse” [Beth Akers]
Loyalty oaths? Many colleges now require diversity statements for hiring and promotion [George Leef] Public college expels nursing student for breach of professional ethics code that includes ideological commitments, Supreme Court should review [Ilya Shapiro and David McDonald/Cato, Eugene Volokh on petition for certiorari in Keefe v. Adams]
Maryland lawmakers move to bar colleges from asking applicants about criminal records [WYPR; Michael Dresser, Baltimore Sun]
“Colleges and the First Amendment” [video, Federalist Society panel with Michael McConnell, Philip Hamburger, et al.] Eugene Volokh presentation on free speech on campus Reason video, etc.
“Torch the miscreant, resanctify the community.” Laura Kipnis attends a Title IX trial [Chronicle of Higher Education, (from her forthcoming book); more at Reason]

Tags: Andrew Cuomo, colleges and universities, criminal records and hiring, diversity oaths, First Amendment, free speech, Title IX

Higher education roundup is a post from Overlawyered - Chronicling the high cost of our legal system