Posts tagged ‘universities’

For the Record, I Fear Pure Majoritarian Democracy as Well

One of the themes of Nancy Maclean's new book on James Buchanan as the evil genius behind a conspiracy to unravel democracy in this county.  In critiquing her critique, I meant to also make it clear that whatever Buchanan may have believed on the subject, I am certainly skeptical of pure majoritarian democracy.  For me, protection of individual rights is the role of government, and populist majoritarianism can easily conflict with this goal (this is not a new finding, we pretty much figured this out after Julius Caesar, if not before.  Here was a piece I wrote years ago I will repeat here:

Every Memorial Day, I am assaulted with various quotes from people thanking the military for fighting and dying for our right to vote.  I would bet that a depressing number of people in this country, when asked what their most important freedom was, or what made America great, would answer "the right to vote."

Now, don't get me wrong, the right to vote in a representative democracy is great and has proven a moderately effective (but not perfect) check on creeping statism.  A democracy, however, in and of itself can still be tyrannical.  After all, Hitler was voted into power in Germany, and without checks, majorities in a democracy would be free to vote away anything it wanted from the minority - their property, their liberty, even their life.   Even in the US, majorities vote to curtail the rights of minorities all the time, even when those minorities are not impinging on anyone else.  In the US today, 51% of the population have voted to take money and property of the other 49%.

In my mind, there are at least three founding principles of the United States that are far more important than the right to vote:

  • The Rule of Law. For about 99% of human history, political power has been exercised at the unchecked capricious whim of a few individuals.  The great innovation of western countries like the US, and before it England and the Netherlands, has been to subjugate the power of individuals to the rule of law.  Criminal justice, adjudication of disputes, contracts, etc. all operate based on a set of laws known to all in advance.

Today the rule of law actually faces a number of threats in this country.  One of the most important aspects of the rule of law is that legality (and illegality) can be objectively determined in a repeatable manner from written and well-understood rules.  Unfortunately, the massive regulatory and tax code structure in this country have created a set of rules that are subject to change and interpretation constantly at the whim of the regulatory body.  Every day, hundreds of people and companies find themselves facing penalties due to an arbitrary interpretation of obscure regulations (examples I have seen personally here).

  • Sanctity and Protection of Individual Rights.  Laws, though, can be changed.  In a democracy, with a strong rule of law, we could still legally pass a law that said, say, that no one is allowed to criticize or hurt the feelings of a white person.  What prevents such laws from getting passed (except at major universities) is a protection of freedom of speech, or, more broadly, a recognition that individuals have certain rights that no law or vote may take away.  These rights are typically outlined in a Constitution, but are not worth the paper they are written on unless a society has the desire and will, not to mention the political processes in place, to protect these rights and make the Constitution real.

Today, even in the US, we do a pretty mixed job of protecting individual rights, strongly protecting some (like free speech) while letting others, such as property rights or freedom of association, slide.

  • Government is our servant.  The central, really very new concept on which this country was founded is that an individual's rights do not flow from government, but are inherent to man.  That government in fact only makes sense to the extent that it is our servant in the defense of our rights, rather than as the vessel from which these rights grudgingly flow.

Statists of all stripes have tried to challenge this assumption over the last 100 years.   While their exact details have varied, every statist has tried to create some larger entity to which the individual should be subjugated:  the Proletariat, the common good, God, the master race.  They all hold in common that the government's job is to sacrifice one group to another.  A common approach among modern statists is to create a myriad of new non-rights to dilute and replace our fundamental rights as individuals.  These new non-rights, such as the "right" to health care, a job, education, or even recreation, for god sakes, are meaningless in a free society, as they can't exist unless one person is harnessed involuntarily to provide them to another person. These non-rights are the exact opposite of freedom, and in fact require enslavement and sacrifice of one group to another.

I will add that pretty much everyone, including likely Ms. Maclean, opposes majoritarian rule on many issues.  People's fear of dis-empowering the majority tends to be situational on individual issues.

Blue State Governance: Illinois Needs A Half Year of Taxes Just to Pay Late Bills

Per the WSJ:

This is what happens when a major American state lets its bills stack up for two years.

Hospitals, doctors and dentists don’t get paid for hundreds of millions of dollars of patient care. Social-service agencies help fewer people. Public universities and the towns that surround them suffer. The state’s bond rating falls to near junk status. People move out.

A standoff in Illinois between Republican Governor Bruce Rauner and Democratic Speaker of the House Michael Madigan over spending and term limits has left Illinois without a budget for two years. State workers and some others are still getting paid because of court orders and other stopgap measures, but bills for many others are piling up.

...Susana Mendoza, the state’s Democratic comptroller, is in charge of doling out limited funds to organizations demanding payment—a job she likens to handing out crumbs to starving children. She predicted unpaid bills will soon top $16 billion. “It is almost hard to say those numbers out loud because they seem so insane, but that’s where we are right now,” she says.

For reference, the entire tax revenue of the state of Illinois is just $32 billion a year, so even if the government were to close tomorrow and fire everyone, it would still take 6 months of taxes to just catch up on the bills.  And you can bet this does not include the most common form of borrowing done by most government agencies -- deferred maintenance.  Pretty much every government agency in the country at every level of government does not fully fund the maintenance of its capital assets (from parks to school buildings) preferring instead to fund the maximum salaries and retirement benefits for the maximum number of headquarters staff.

By the way, you may notice at the budget link that the proposed budget still calls for $6 to $7 billion a year in deficit spending, and does not include any provision for catching up on Illinois's sky-high $130 billion in unfunded retirement benefits (a number that represents a full 4 years of tax revenues).  Illinois is functionally bankrupt, and the only good news is that Illinois favorite son Barack Obama is no longer in the White House to bail them out.

Best Thing I Have Read This Week, From Arnold Kling

From Arnold Kling:

My understanding of post-modernism is based pretty much on what I have read from its critics. What is the best defense of post-modernism that is out there?

These brief two sentences embody nearly everything that has been lost and desperately needs to return to public discourse and in particular to universities.  The equivalent bleg from much of current academia is:

Though I have not read anything he has written, someone is apparently dissenting from my views on post-modernism. Can someone please have him run off campus ASAP, or at least provide me with a safe room wherein I have no chance of his opinions reaching my brain?

An Honest Question to Progressives: When Does the Proportion of Tax Money Claimed By Government Workers Get Too Large?

I have sent the following question to a number of Progressives. I have yet to hear anything back.

I have been following the story about UC possibly hiding funds as a sort of rainy day fund in accounts because several years ago I worked with a lot of folks (e.g. Ruth Coleman) at California State Parks who lost their jobs when accused of the same thing.  But looking at the story, the part that really appalled me was this from the auditor's report:

​The last few years UC has been begging and pleading for $50 or $100 million extra so they could enroll more in-state students, when the office of the president, if this is presented correctly, seems to be bloated by perhaps $400 million.  God knows what the administrative staffs of the individual universities look like.It appears what we have here is a conflict between more output of government services to the public, which I might call an ideological imperative of the Progressive left, with protection of government workers and their pay and benefits, which I might call a political imperative.

I am wondering if the Left's near absolute political support for government workers is undermining what I might call the good government impulses on the Left.  My involvement with CA politics is mostly in parks, but I know that there are a number of fundamental reforms that could allow the parks agency to do a lot more with their current budget, in fact perhaps even start getting at working down deferred maintenance logs, but these were torpedoed as non-starters because they would involve job losses and changes in work rules.  I am not saying they were discussed and defeated, I am saying they were stopped immediately as pointless to even discuss.

I don't agree with Progressives on the size and scope of government, but leave that aside.  Taking the government's current size and tax base as a given, is there a segment of the progressive community that gets uncomfortable with the proportion of these resources that are channeled into government employee hands rather than into actual services for the public?  Or is there a progressive argument for larger-than-needed government staff and higher-than-necessary pay and benefits (e.g. a city on the hill argument where the government is setting a higher standard that perhaps the benighted private employers will someday more closely emulate)?

The Furor Over Bret Stephens First Article At the New York Times

Bret Stephens has initiated a huge storm on the Left as journalists and other Leftwing luminaries have fallen over themselves to make sure everyone understands how evil and absolutely unacceptable Stephens' article is.  A good example is probably "This New York Times Article on Climate Change Is So F***ing Bad".  I don't know where and how these things are announced, but apparently virtue-signaling on the Left offcially requires that everyone denounce the article as the most evil thing ever written (actually reading it is apparently optional).

But you will almost never see much of Stephens article quoted.  Here is the entirety of the article that discusses climate.  This is all there is (there are other discussions that are meant to be a parable somewhat relevant to the climate debate, but below is the entirety of what Stephens writes directly about climate:

Let’s turn to climate change.

Last October, the Pew Research Center published a survey on the politics of climate change. Among its findings: Just 36 percent of Americans care “a great deal” about the subject. Despite 30 years of efforts by scientists, politicians and activists to raise the alarm, nearly two-thirds of Americans are either indifferent to or only somewhat bothered by the prospect of planetary calamity.

Why? The science is settled. The threat is clear. Isn’t this one instance, at least, where 100 percent of the truth resides on one side of the argument?

Well, not entirely. As Andrew Revkin wrote last year about his storied career as an environmental reporter at The Times, “I saw a widening gap between what scientists had been learning about global warming and what advocates were claiming as they pushed ever harder to pass climate legislation.” The science was generally scrupulous. The boosters who claimed its authority weren’t.

Anyone who has read the 2014 report of the Intergovernmental Panel on Climate Change knows that, while the modest (0.85 degrees Celsius, or about 1.5 degrees Fahrenheit) warming of the Northern Hemisphere since 1880 is indisputable, as is the human influence on that warming, much else that passes as accepted fact is really a matter of probabilities. That’s especially true of the sophisticated but fallible models and simulations by which scientists attempt to peer into the climate future. To say this isn’t to deny science. It’s to acknowledge it honestly.

By now I can almost hear the heads exploding. They shouldn’t, because there’s another lesson here — this one for anyone who wants to advance the cause of good climate policy. As Revkin wisely noted, hyperbole about climate “not only didn’t fit the science at the time but could even be counterproductive if the hope was to engage a distracted public.”

Let me put it another way. Claiming total certainty about the science traduces the spirit of science and creates openings for doubt whenever a climate claim proves wrong. Demanding abrupt and expensive changes in public policy raises fair questions about ideological intentions. Censoriously asserting one’s moral superiority and treating skeptics as imbeciles and deplorables wins few converts.

None of this is to deny climate change or the possible severity of its consequences. But ordinary citizens also have a right to be skeptical of an overweening scientism. They know — as all environmentalists should — that history is littered with the human wreckage of scientific errors married to political power.

Ten years ago I would have thought this so milquetoast as to be uncontroversial to anyone -- almost unpublishable as an editorial due its shear lack of controversy.  He acknowledges warming, acknowledges some is man-made, states that some activists have gone beyond the science in their claims, and that climate action folks tend to be hostile to anything but ardent agreement (an attitude not really consistent with "science").  In response, ironically, virtually the entire Left has responded to this mildest of mild criticisms by treating Stephens as the next incarnation of Joseph Goebbels.  Apparently he was spot-on about the lack of tolerance for any debate or disagreement.

This reminds me when my speech on global warming was banned from a conference by representatives of the City of Los Angeles.  I remember writing to them:

Apparently, several folks on this board were calling me a climate denier and a flat Earther.  Now, it seems kind of amazing that a presentation that calls for a carbon tax and acknowledges 1-1.5 degrees C of man-made warming per century could be called an extremist denier presentation.  But here is the key to understand -- my bet is that not one of you in opposition has ever bothered to see it.  This despite the fact that I sent your organization both a copy of the CMC video linked above as well as this very short 4-page summary from Forbes.  But everyone involved seems more willing to spend hours and hours arguing that I am a child of Satan than they were willing to spend 5-minutes acquainting themselves with what I actually say.  (By the way, at this point you probably should not look at this material, as all it will do is embarrass you because I am positive that it is nothing like what you expected)

In fact, I would be willing to bet that the folks who were most vociferous in their opposition to this talk have never actually read anything from a lukewarmer or a skeptic.  It is a hallmark of modern public discourse that people frequently don't know the other side's argument from the other side itself, but rather from its own side.   This is roughly equivalent to knowing about Hillary Clinton's policy positions solely from listening to Rush Limbaugh.  It is a terrible way to be an informed adult participating in public discourse, but unfortunately it seems to be a practice that is increasingly common, and in fact encouraged by most universities, which have become echo chambers of conventional thought rather than real institutions of learning.

And here is the video of the speech in question:

 

Take the Pledge: Let's Take A Year Off From Giving To Our Universities

I have written both here and here about my issues with my own University. Many folks are frustrated with the state of college campuses nowadays.  Your issues may be different, but mine include:

  • Lukewarm support for, or even opposition to, free speech
  • Substitution of posturing, virtue signaling, and even violence for dialog and rational discussion
  • Unwillingness to teach students the need to engage opposing points of view
  • Utter lack of intellectual diversity in faculties and administration
  • Absurdly low standards for scholarship in many of the humanities and social sciences, where regurgitating the "right" politics is more important than doing good research
  • Outright discrimination against Asian-Americans in admissions
  • Diversity cultures that have gone beyond nurturing tolerance for all into promoting intolerance against new groups

Despite years of mounting criticism on these issues, the response of many universities to such criticism has not been reform but a doubling down on their illiberal policies.  Shaming is not working and not going to work, for the simple fact that the smug, elite culture that dominates Universities does not consider you and I to be woke enough to credibly criticize them.  The very failing of universities that we are trying to criticize -- that they are promoting a culture of ignoring, no-platforming, and even doing violence against anyone who disagrees with them -- makes them simultaneously immune to criticism.  Anyone who criticizes their actions is automatically someone not worth engaging.

So I am suggesting another approach.  Hit them in the pocketbook.  I know my University carefully monitors alumni giving - both dollars and percentage participation.  Even a five or ten percent drop in a year is going to get their attention.  So just take the pledge -- this year, I am not giving to my school.  Give the money to someone else.  I gave mine to Teach for America, but there are an almost unlimited number of good causes out there that could use your money, likely more productively that your University (which will probably just use your money to add a nicer television to the men's football locker room).

This pledge is carefully crafted both to have impact and not to ask folks for more than they are willing to give.  For example, it stops short of asking folks to stop giving forever.  For a really long time, I loved my alma mater and would like to love it again, and so I couldn't pledge never to support it.  The pledge also stops short of asking folks not to send their kids to such and such school.  College admissions tend to be a one-time shot at age 18, and deferring that chance for a year might close off opportunities forever.  Besides, if your son gets into Yale and can keep his head down for four years (maybe stay celibate?) and avoid the worst of the social justice craziness, the Yale diploma is still really valuable even if he does not learn a thing.

The Higher Education Monoculture

I have written before that many universities have focused on creating true diversity of skin pigments and reproductive plumbing among their students but in their primary world of ideas, have created an intellectual monoculture.  If you don't believe it, check out this quote from a Yale dean in the Yale Daily News.

Despite ongoing campus discussions about free speech, Yale remains deeply unwelcoming to students with conservative political beliefs, according to a News survey distributed earlier this month.

Nearly 75 percent of 2,054 respondents who completed the survey — representing views across the political spectrum — said they believe Yale does not provide a welcoming environment for conservative students to share their opinions on political issues. Among the 11.86 percent of respondents who described themselves as either “conservative” or “very conservative,” the numbers are even starker: Nearly 95 percent said the Yale community does not welcome their opinions. About two-thirds of respondents who described themselves as “liberal” or “very liberal” said Yale is not welcoming to conservative students.

...

By contrast, more than 98 percent of respondents said Yale is welcoming to students with liberal beliefs. And among students who described themselves as “liberal” or “very liberal,” 85 percent said they are “comfortable” or “very comfortable” sharing their political views in campus discussions.

In an interview with the News, Yale College Dean Jonathan Holloway said the results of the survey were lamentable but unsurprising. Holloway attributed conservative students’ discomfort at sharing their views partly to the pervasiveness of social media.

“So much of your generation’s world is managed through smart phones. There’s no margin anymore for saying something stupid,” Holloway said. “People have been saying dumb things forever, but when I was your age word of mouth would take a while. Now it’s instantaneous, now context is stripped away.

So the reason Conservatives have a problem at Yale, according to the Yale administration, is that Yale people don't tolerate folks who are stupid.  LOL.  The Dean later tried to back away from this statement, arguing that he did not mean Conservatives said stupid things, but his comments don't make any sense in any other context.

The institution is certainly hurt by this sort of narrow-mindedness.  It is more of a mixed bag for students.  While Conservatives are certainly frustrated they are frequently not allowed to bring speakers from their side of political issues to campus, there is potentially a silver lining.  As I wrote previously in my letter to Princeton:

I suppose I should confess that this has one silver lining for my family. My son just graduated Amherst College, and as a libertarian he never had a professor who held similar views. This means that he was constantly challenged to defend his positions with faculty and students who at a minimum disagreed, and in certain cases considered him to be a pariah. In my mind, he likely got a better education than left-leaning kids who today can sail through 16 years of education without ever encountering a contrary point of view. Ironically, it is kids on the Left who are being let down the most, raised intellectually as the equivalent of gazelles in a petting zoo rather than wild on the Serengeti,.

Why I Don't Donate To My University Anymore -- A Recent Letter to Princeton President Christopher L. Eisgruber

Christopher L. Eisgruber
1 Nassau Hall
Princeton University
Princeton, NJ 08544

Mr. Eisgruber:

The other day I received a call from a Princeton student calling to encourage me to participate in annual giving this year. I was in a hurry, and I feel bad that I gave the student a rushed answer, but I told him that I thought universities were lost and that I no longer had any desire to donate money to any of them. The word “lost” is admittedly imprecise, but it was the best I could to summarize my concerns in a brief call.

When I was at Princeton, we used to laugh at those crotchety alumni who wrote angry letters about Princeton letting in women, or integrating the all-male eating clubs, or whatever else. I never imagined that someday I would find myself writing one of those “I can't donate to Princeton any more” letters, yet here I am doing just that.

Continue reading ‘Why I Don't Donate To My University Anymore -- A Recent Letter to Princeton President Christopher L. Eisgruber’ »

What's The Deal With the State of New York and Free Speech?

Sorry, I am a bit late on this but it came out while I was out of the country.  While the New York AG is going after ExxonMobil and a number of think tanks to try to prosecute them, or at least intimidate them, for their past speech on climate issues, apparently the state of New York is also going after college students who want to boycott Israel.

I have never thought much of the BDS movement -- while like most western governments Israel certainly has its flaws, I find it bizarre that the BDS movement treats Israel like it's the worst government on Earth.  In particular, I am amazed that BDS folks frequently, while they condemn Israel, act as apologists for neighboring Arab nations whose human rights records are objectively far worse.

All that being said, if they don't want to have anything to do with Israel and want to advocate for others to take the same approach, they are welcome to do so in a free country.  But now there is this:

Continuing Gov. Andrew Cuomo's crusade against New Yorkers who don't support Israel, state Sen. Jack Martins (R-Nassau County) wants to ban public colleges and universities from funding pro-Palestinian student groups. A new bill sponsored by Martins would require state and city schools to defund any campus organization that supports efforts to "boycott, divest from, and sanction" (BDS) Israel over its treatment of Palestinians. The BDS movement has become popular on U.S. and U.K. campuses.

Martins' bill would also prohibit the funding of campus groups that support economic boycotts of any American-allied nation, although this bit seems designed to distract from his true goal: preventing anti-Israel sentiment on campus. In an interview with the New York Daily News, Martins referred to calls to boycott Israel as "hate speech" and "anti-Semitism" and said the state legislature has "no choice but to step in and prevent taxpayer dollars being used to promote" such sentiment.

If a state institution is going to fund student groups, then it needs to do so in a viewpoint neutral manner.

The only teeny tiny good part of this story is that perhaps a few campus Leftists who want to ban everything that they consider hate speech might have an epiphany that giving the government this sort of power is a bad idea, since one can never guarantee that one's own fellow travelers are going to be writing the hate speech definitions.

Incredibly, Not A Single University Has Challenged This On Their Own

FIRE is looking for a client (University or aggrieved student) whom it can help sue the Department of Education over their sexual misconduct guidance

Five years ago today, the Department of Education’s Office for Civil Rights (OCR) announced sweeping new requirements for colleges and universities adjudicating allegations of sexual misconduct. By unilaterally issuing these binding mandates via a controversial “Dear Colleague” letter (DCL), OCR ignored its obligation under federal law to notify the public of the proposed changes and solicit feedback.

To correct this error, and to begin to fix a broken system of campus sexual assault adjudication that regularly fails all involved, the Foundation for Individual Rights in Education (FIRE) seeks a student or institution to challenge OCR’s abuse of power. FIRE has made arrangements to secure legal counsel for a student or institution harmed by OCR’s mandates and in a position to challenge the agency’s violation of the Administrative Procedure Act(APA). In keeping with FIRE’s charitable mission to advance the public interest, representation will be provided at no cost to the harmed party.

“In the five years since its issuance, OCR has acted as though the 2011 Dear Colleague letter is binding law—but it isn’t,” said FIRE Executive Director Robert Shibley. “By circumventing federal law, OCR ignored all stakeholders: victims, the accused, civil liberties advocates, administrators, colleges, law enforcement, and the general public. Real people’s lives are being irreparably harmed as a result. It’s time that OCR be held accountable.”

The DCL requires that schools use the low “preponderance of the evidence” standard of proof (i.e., that they find an accused student guilty with just 50.01 percent certainty) when adjudicating claims of sexual assault and sexual harassment. The DCL’s requirement that colleges use this standard—found nowhere in Title IX or its implementing regulations, and specified before 2011 only in letters between OCR and individual schools—effectively creates a new substantive rule for institutions to follow.

Here is what is amazing to me:  Not a single university has challenged this rule, even though trashes the due process rights of is male students.  These same universities had no problem defying the law on things like ROTC and army recruiting (which represent mostly voluntary enticements of their students) but have rolled over and played dead over this much more direct threat to their students' well-being.

Actually, Glenn, University Presidents Should Have Done This

Glenn Reynolds points to this story about Senator James Lankford challenging the Department of Education's "Dear Colleague" letters under the Administrative Procedures Act.  Lankford argues that the letters, which essentially end due process on campus for men accused of any sort of sexual misconduct from telling dirty jokes to rape in the name of Title IX enforcement, represent a new regulation that should have been subject to official publication and public comment.

Instapundit says that Marco Rubio should have done this, rather than taking the DEA's side.  Fair enough, but I have what I think is a better question -- why has not one single major university President brought a legal challenge against these letters?  Many of them complain, at least in private, and the letters certainly appear to me to be an illegal overreach.  But they all just rolled over and accepted it -- college Presidents all have become total lapdogs of the state.  They tend to preen that they and their universities are "leaders", but I would argue that they are leaders only in the sense that a random guy standing on a boxcar of a moving train and pointing forward is the leader of the train.

You want leadership?  Show me the first college President that formally rewrites their admission process to say "a minimum entry requirement will be the ability to maturely listen and respond to differing opinions without needing to crawl into and hide in a room full of stuffed animals and coloring books."

Postscript:  From Lois McMaster Bujold's Komarr

"People have some very odd illusions about power.  Mostly it consists of finding a parade and nipping over to place yourself at the head of the band.  Just as eloquence consists of persuading people of things they desperately want to believe.  Demagoguery, I suppose, is eloquence sliding to some least-moral energy point.... Pushing people uphill is one hell of a lot harder.  You can break your heart, trying that."

It is weird to say that Bujold gets underrated, given all her awards, but I think she does -- in large part because her books are fun and enjoyable to read rather than gravid and soul-sucking, as seems to be the current SF fashion.

Yale Literally Has Its Choice of Any High School Senior in the County. And It Picked These Folks?

Via Reason, but the story is all over

After giving Holloway his comeuppance, they moved on to Nicholas Christakis, master of Silliman College. What was Christakis’s crime? His wife, an early childhood educator, had responded to a campus-wide email about offensive Halloween costumes by opining that it was inappropriate for the college to tell students how to dress. According to The Washington Post:

“Whose business is it to control the forms of costumes of young people? It’s not mine, I know that,” wrote Erika Christakis, an early childhood educator and the wife of Nicholas Christakis, the Silliman College master. Both later took to social media to defend the e-mail, incensing students by tying it to debates about free speech and trigger warnings. At a Wednesday night forum hosted by the Afro-American Cultural Center, Erika Christakis sought to leave the meeting during a discussion of her e-mail, further provoking student anger. …

Students grew distressed, with one shouting at Nicholas Christakis to be quiet and questioning why he took the position at the university. “You are a poor steward of this community,” the student said. “You should not sleep at night.”

I guess the question is whether colleges like Yale are preferentially choosing students with this authoritarian mindset, or whether they are training them to be authoritarian.  In either case, they seem to be reaping what they sowed.

This story reminds me of two past observations I have made about universities.  The first is that their diversity programs, despite Universities being intellectual institutions, focus on absolutely everything (from skin pigmentation to reproductive plumbing) except diversity of ideas.  Perhaps this is because the only way to achieve "safe space" as defined by these students is either to create an intellectual mono-culture (the opposite of diversity) or to suppress speech and idea sharing so much that no intellectual discourse happens at all.  Definitely your classic "reap what you sow" situation.

The second observation is that I once thought that a key goal of "diversity" was to eliminate the in-group/ out-group dynamic that has been so destructive through all of history.  But I am increasingly convinced that the true objective of diversity programs as practiced on university campuses is to simply shift the "out-group" tag from one set of people to another.  More horrible things are said on campus about whites, males, Asians, wealthy people, straights, frats, etc than I ever heard in my entire lifetime from anyone about, say, African Americans.

Just look at how most Ivy League schools treat Asians.  The discrimination that occurs against Asian students is amazing, with Asians having to produce SAT scores hundreds of points higher than any other group to have an equal chance of admission.  This is why, despite all my support over the years for my alma mater, I quit doing college interviews for Princeton -- I got tired of being a part of hosing all the hard-working Asian kids I was interviewing.

The Onion on College "Diversity"

From the Onion

Saying that such a dialogue was essential to the college’s academic mission, Trescott University president Kevin Abrams confirmed Monday that the school encourages a lively exchange of one idea. “As an institution of higher learning, we recognize that it’s inevitable that certain contentious topics will come up from time to time, and when they do, we want to create an atmosphere where both students and faculty feel comfortable voicing a single homogeneous opinion,” said Abrams, adding that no matter the subject, anyone on campus is always welcome to add their support to the accepted consensus.

A while back I wrote

Universities are, if anything, institutions based on ideas and thought.  So it has always been amazing to me that university diversity programs focus not on having a diversity of ideas, but on have a diversity of skin pigment and reproductive plumbing.  In fact, if anything, most universities seem to be aspiring towards creating an intellectual monoculture.

I Never Listen to Democrats; I Learned Everything I Need To Know About them From Rush Limbaugh

One of my huge pet peeves is when people rely only on their own side for knowledge of their opponents' positions.  The inevitable result of this is that there is a lot of debating against straw men.

As an aside, this is why I really like Bryan Caplan's ideological Turing test.  If you are going to seriously debate someone, you need to be able to state their arguments in an unironic way such that that person's supporters would mistake you for one of their own.  If I were to teach anything at all political, I would structure the course in a way that folks would debate and advocate both sides of a question (that is, of course, if any university would allow me to ask, say, a minimum wage advocate to take the opposite position without accusing me of creating an unsafe environment).

Anyway, a while back I asked if the folks who were protesting the showing of American Sniper on campus had actually seen the damn movie.  I suspected they had not, or at least really interpreted film differently than I do.  Though perhaps pro-soldier, I read the movie as having a pretty stark anti-war message.

Anyway, American Sniper has become a favorite target for banning within our great universities the purport to be teaching critical thinking.  This is from one student group's (successful) appeal for a ban on showing the movie on campus:

This war propaganda guised as art reveals a not-so-discreet Islamaphobic, violent, and racist nationalist ideology. A simple Google search will give you hundreds of articles that delve into how this film has fueled anti-Arab and anti-Islamic sentiments; its visceral "us verses them" narrative helps to proliferate the marginalization of multiple groups and communities - many of which exist here at UMD.

This is not the language people would use if they had actually seen the film.  Instead of taking specific examples from the film, they refer to Google searches of articles, perhaps by other people who have not seen the film (as an aside, this has to be the all-time worst appeal to authority ever -- I can find not hundreds but thousands of articles on the Internet about anything -- there are tens of thousands alone on the moon landings being faked).

I Do Not Think That Word Means What You Think It Means

If you want proof that folks are using the phrase "sexual assault" differently than you likely are, check this out:

In California, a new bill would require colleges and universities to impose a mandatory minimum sentence for campus sexual assault: two years school suspension. The rule would apply to both public and private colleges that rely on state funds for student financial aid, the same way California's affirmative consent measure operates.

My definition of sexual assault is rape, that is either using force to have sex with a person who is unwilling or having sex with someone who is physically incapacitated.  By my definition, the penalties established by the California bill are absurdly lenient, particularly since California law already establishes a penalty of 3-8 years in prison for rape.

What is going on here is that opponents of certain other behaviors -- sex while drunk, sex that is regretted later, and possibly even speech that is hurtful to women -- have lumped these behaviors into the term "sexual assault" in order to try to increase the punishment for these things.  In California (on campus but nowhere else) sexual assault is "a failure to obtain ongoing, enthusiastic, affirmative consent at each stage of a sexual encounter"

This is a verbal tactic is increasingly common -- note the trend to many colleges to try to label unwelcome speech with which one disagrees as a physical assault or threat.  But it has decided risks.  While the intention is to increase the punishment for unenthusiastic sex to rape levels, the effect can easily just be the opposite -- to reduce concern and punishment of rape by watering down its definition.

Why Reform of Police Accountability is Unlikely

It's as simple as this:  Republicans fetishize the police (like they do the military) and will always give them the benefit of the doubt.  They have this gauzy teary-eyed love of the police.  Just watch Megyn Kelly on Fox to get the idea.  Democrats are allied with public unions and will not under any circumstances take on the powerful police unions who fight any attempt at accountability tooth and nail, a behavior Democrats have become habituated to enabling for other unions like the teachers unions.

The issue is mostly about giving police accountability that matches the special powers over the use of force we give them.  But it is also about racism.  It just burns me up to have folks in power point to the business world constantly for supposed institutional racism, when in fact I witness very little if any day to day.  The one institution I see that clearly has elements of institutional racism are many police forces, but no one will touch them.

Every year there are hundreds of police shootings and the number that are determined not to be justifiable rounds to zero.  What are the odds there is a process involving humans with this small of a Type I error rate?  We are learning form cell phone cameras that the stories we used to believe from police officers about events are often total bullsh*t.  And yet still police are not held accountable even when there is horrific video evidence showing them out of control.

At the drop of a hat, at the smallest hint of a single example of a bad outcome, the government will not hesitate to impose enormous new restrictions on private individuals.  But even with the most overwhelming evidence the government will not put even the lightest restrictions in itself or its employees.

I have always shied away from my fellow libertarians on the anarcho-capitalist end of things who wanted to privatize the police force.  I always thought use of force to be a unique privilege and one dangerous to hand out to private groups.  But I am starting to see that I was thinking about it wrong.  It is a dangerous power to give to anyone, but at least if you give it to a private party someone might possibly exercise a little accountability over them.

Walter Olson has a good roundup of police and lethal force here.

Postscript:  Here is an example of what I mean:  The Obama Administration has imposed significant rules on universities to bring greater accountability to sexual assailants when it was perceived that the universities did not impose enough accountability on such predators.  I think the Administration has gone overboard in stripping away the accused due process protections and handing justice to people who will not manage the process well, but its the seriousness of this effort I want to point out.  While I don't think the Administration's actions were appropriate to colleges, they would represent an entirely appropriate response to police violence.  Someone needs to step in and enforce some accountability.

 

Kevin Drum's Sensible Thoughts on Ray Rice: Why Doesn't The Same Logic Apply to Universities?

Kevin Drum has some sensible thoughts on Ray Rice, discipline and the NFL -- "Sensible" defined in this case as largely mirroring my own:

Ray Rice committed a crime. We have a system for dealing with crimes: the criminal justice system. Employers are not good candidates to be extrajudicial arms for punishing criminal offenders, and I would be very, very careful about thinking that they should be.

Now, I'll grant up front that the NFL is a special case. It operates on a far, far more public level than most employers. It's a testosterone-filled institution, and stricter rules are often appropriate in environments like that. Kids take cues from what they see their favorite players doing. TV networks and sponsors understandably demand a higher level of good behavior than they do from most employers.

Nevertheless, do we really want employers—even the NFL—reacting in a panic to transient public outrage by essentially barring someone for life from ever practicing their craft? Should FedEx do that? Should IBM do that? Google? Mother Jones? Perhaps for the most serious offenses they should, and it's certainly common to refuse to hire job candidates with felony records of any kind. (Though I'll note that a good many liberals think this is a misguided and unfair policy.) But for what Ray Rice did?

I just don't know about that. Generally speaking, I think we're better off handling crimes through the criminal justice system, not through the capricious judgments of employers—most of whom don't have unions to worry about and can fire employees at a whim. I might be overreacting, but that seems like it could become a dangerous precedent that hurts a lot more people than it helps.

I agree 100%.  The NFL  was simply insane to venture into the role as a shadow legal system to apply punishments based on their investigation and judgement in parallel with those of the legal system.  They would have been much better off simply establishing a schedule of internal penalties that were based on the outcomes of the legal system.

That being said, I wish other writers on the Left would read Drum's column and ask themselves why this same logic wouldn't apply to colleges as well. It is unbelievable to me that Liberals of all people -- who have largely defended due process rights in the legal system for years against Conservative attempts to trim them -- would suddenly wage a campaign to substitute kangaroo courts run by university administrators in the place of normal police and judicial procedures for crimes as serious as rape.  I am historically skeptical of the legal system and the people in it, but all of these problems would only be worse trying to have a bunch of amateurs at universities setting up a parallel system.

There is certainly a problem to be solved -- though the 1 in 5 statistic is completely bogus and exaggerated -- but the diagnosis of the problem has been all wrong.  The problem is that Universities have historically created internal police forces and disciplinary processes for the express purpose of protecting their students from the normal legal system.  This is a practice and tradition that goes all the way back to the Middle Ages.  And it worked fine, at least as far as I am concerned, when the University was protecting students from marijuana or underage drinking busts by town police.

But institutions develop a culture, and the culture of university disciplinary processes has been to 1.  keep the student out of the legal system and 2.  get the student to graduation.  I have friends who have been kicked out of top universities a few times, but the University in the end bent over backwards to take them back and get them over the finish line.

So it is disappointing, but not surprising, that universities approached more heinous crimes with this same culture and mindset.  And some egregious sexual assaults got swept under the rug.  Again, I think some folks are exaggerating these numbers by assuming there are tens or hundreds of these cases for every one we hear about.  But we can agree on the core fact, I think, that the typical college disciplinary culture of protecting students from the legal system has failed some victims of sexual assault.

But this is where everyone seems to be going off track.  The Obama Administration solution for this problem is to demand that universities develop more robust fact-finding and disciplinary processes for such felonies, and remove procedural protections for the accused as a way to offset the historic university culture to go to far in protecting wrongdoers.

This is nuts.  Seriously.  Given the set of facts, a far simpler solution, fairer to both accused and victims, would have been for the Obama Administration simply to demand that Universities hand over evidence of crimes to police and prosecutors trained to know what to do with it.  If the University wants to take special steps to get victims help coping with their recovery using University resources, or help victims and the accused who are University students cope with the rough edges of the legal process, great.

Postscript:  Another problem is that punishments meted out by universities are going to always be wrong, by definition.  Let's say a student is accused of rape and kicked out.  Two possibilities.  If he is innocent of the charge, then he was punished way too much.  If he was guilty, if he really raped someone, he was punished way too little -- and by the University screwing around with it and messing up the chain of evidence and taking statements without following the correct process, they may have killed any chance of a conviction in the legal system.    The current process the Obama Administration is forcing punishes the innocent and protects the truly guilty.

An Issue Seldom Mentioned vis a vis Campus Sexual Assaults

Since perhaps the 1970s, I believe that most campus police forces have had one primary mission:  Keep students out of the hands of local police, particularly on drug offenses.  Sure, they need to keep order and prevent property damage and break up fights and such, but underlying all of this has been a desire to keep any resulting discipline internal, to shield students from the local police force and criminal justice system that likely would be much harsher (particularly in some towns where there is substantial tension between town and gown).

By the way, none of this is particularly new.  You can read accounts from the middle ages about townies complaining that universities were sheltering their students from local justice (in those days students often carried some sort of clerical status in order to make them inviolate from local resident reprisal and to keep them out of the local justice system).

So given a mission to protect students from their own stupidity and from the harsher justice outside of campus, many campus police forces are entirely unprepared to handle true felonies with victims, such as forcible sexual assault.  The fact that campuses have been accused of burying these charges and covering them up is not surprising -- this is what campus police forces have been trained to do.

Unfortunately, the emerging solution of stripping male campus members of equal protection and due process rights is a horrible solution to this problem.  The right solution was to put these crimes in the hands of professionals outside of campus who are trained to deal with them.

Young People Voting Democrat

John Hinderaker laments

Harvard’s Institute of Politics released a poll yesterday that showed millennials’ trust in government at a historic low. This chart shows how many respondents said that they trust the entity in question to do the right thing either all of the time or most of the time. Notably, 20% of millennials said they trust the federal government to do the right thing; 32% said they trust the president; and 14% trust Congress. State and local governments (and, appallingly, the United Nations) fared a little better, but distrust of government is clearly the order of the day....

Which raises, not for the first time, a question I can’t answer: why do people who don’t trust government keep voting for more of it? For a long time, young people have voted mostly Democrat. Which means they are voting to give more of their money, and more control over their lives, to government–especially the federal government. Why would they do that, if only 20% of them trust the federal government to do the right thing?

I won't give a simplistic answer to a complex social issue, but I have a theory that explains at least part of this: gay marriage and other social issues.  I get a chance to work with young people a lot, and generally they don't seem to be focused on tax and regulatory issues.  They haven't been deep enough into the productive economy (and many will be convinced by their universities never to enter the productive economy) to understand the effects of government interventionism in the economy.

But one thing young people do know is that they are absolutely turned off by the social conservatism of Republicans.  I read an article the other day by a Conservative lamenting that young people use certain political positions as social status symbols, as self-identifiers that they are among the elite.  But certain ideas also have the opposite affect, acting as a big scarlet A that no one would willingly wear.  Among those are opposition to gay marriage, for example.  Many young folks, regardless of their position on anything else, would be as unlikely to vote for someone who opposed gay marriage as would be a Victorian society woman to openly admit she was a prostitute.  There are certain social positions that many Republicans hold that are complete non-starters to young people, such that they could not consider voting for such a politician even if they agreed with 99% of all the politician's other positions.  This tendency is reinforced by college professors, overwhelmingly of the Left, who tell kids that Republicans are not just people with whom they disagree, but bad people who have no place in civil society.

A year or so ago I got tapped to lead an all-too-brief center-right effort in Arizona to legalize gay marriage.  I cannot tell you how many Republican leaders and politicians came to me in private and thanked us for what we were doing, saying that the Republican party has to be saved from itself.  In the end, we eventually shut the effort down because prominent groups on the Left didn't want a center-right group to get any of the credit.  Some of them wanted the effort to go forward, but only if non-Leftists would bow out of the leadership group, and some said explicitly that they did not want the issue solved yet, because the Democrats wanted to flip Arizona blue in 2014 and 2016 and they needed the gay marriage issue to run on, knowing it was a way to pull otherwise libertarian leaning young people away from the Republicans.

Update:  I would add that opposition to gay marriage among Republicans also poisons young people to other Republican positions, such as smaller government and free markets (though this libertarian would argue that such Republican positions are often in name only, and not consistently followed, but that is another rant).   The biggest lie every person in this country is taught is that somehow Republicans and Democrats offer opposing and internally consistent positions on a political spectrum that only has two dimensions.  So if we don't know much about politics but KNOW Republicans have one really bad position, then the whole package must be bad and we should vote Democrat.  Which causes us to start self-justifying support for things like economic interventionism that we may not know much about but now is part of our team's position.

Education and Affirmative Action and "Diversity"

I don't really have much to say about today's Supreme Court decision on affirmative action.  Given that there were 4 different opinions written, the whole issue seems to still be in much dispute.  The continuing Court opinion is, I think, that affirmative action is legal (but as expressed today, not required) in education to address diversity and other goals.

My only thought on this is one I have had a long time about colleges and diversity.  Universities are, if anything, institutions based on ideas and thought.  So it has always been amazing to me that university diversity programs focus not on having a diversity of ideas, but on have a diversity of skin pigment and reproductive plumbing.  In fact, if anything, most universities seem to be aspiring towards creating an intellectual monoculture.  Diversity of opinion, of politics, and of general outlook among prospective students are not even decision-making variables in any educational institution I know of.  And within the faculty, many institutions seem intent on purging from their ranks any single voice that diverges from the majoritarian view.  I could have probably found more diversity of political opinion in a 19th century London gentleman's club than I can today in many campus faculties.

Meet the Person Who Wants to Run Your Life -- And Obama Wants to Help Her

I am a bit late on this, but like most libertarians I was horrified by this article in the Mail Online about Obama Administration efforts to nudge us all into "good" behavior.  This is the person, Maya Shankar, who wants to substitute her decision-making priorities for your own

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If the notion -- that a 20-something person who has apparently never held a job in the productive economy is  telling you she knows better what is good for you -- is not absurd on its face, here are a few other reasons to distrust this plan.

  • Proponents first, second, and third argument for doing this kind of thing is that it is all based on "science".  But a lot of the so-called science is total crap.  Medical literature is filled with false panics that are eventually retracted.  And most social science findings are frankly garbage.  If you have some behavior you want to nudge, and you give a university a nice grant, I can guarantee you that you can get a study supporting whatever behavior you want to foster or curtail.  Just look at the number of public universities in corn-growing states that manage to find justifications for ethanol subsidies.  Recycling is a great example, mentioned several times in the article.  Research supports the sensibility of recycling aluminum and steel, but says that recycling glass and plastic and paper are either worthless or cost more in resources than they save.  But nudgers never-the-less push for recycling of all this stuff.  Nudging quickly starts looking more like religion than science.
  • The 300 million people in this country have 300 million different sets of priorities and personal circumstances.  It is the worst hubris to think that one can make one decision that is correct for everyone.  Name any supposedly short-sighted behavior -- say, not getting health insurance when one is young -- and I can name numerous circumstances where this is a perfectly valid choice and risk to take.
  • The justification for this effort is social science research about how people manage decisions that involve short-term and long-term consequences

Some behavioral scientists believe they can improve people's self-control by understanding the relationship between short term memory, intelligence and delay discounting.

This has mostly been used to counter compulsive gambling and substance abuse, but Shankar's entry into government science circles may indicate that health insurance objectors and lapsed recyclers could soon fall into a similar category

I am sure there is a grain of truth in this -- all of us likely have examples of where we made a decision to avoid short term pain that we regretted.  But it is hilarious to think that government officials will somehow do better.  As I have written before, the discount rate on pain applied by most legislators is infinite.  They will do any crazy ridiculous thing that has horrible implications five or ten years from now if they can just get through today.  Why else do government bodies run massive sustained deficits and give away unsustainable pension and retirement packages except that they take no consideration of future consequences.  And it is these people Maya wants to put in charge of teaching me about delay discounting?

  • It probably goes without saying, but nudging quickly becomes politicized.  Is nudging 20-something health men to buy health insurance really in their best interests, or does it help keep an important Obama program from failing?

Postscript:  Here is a great example of just how poorly the government manages delay discounting.  In these cases, municipalities are saddling taxpayers with almost certainly bankrupting future debt to avoid paying any short-term costs.

Texas school districts have made use of another controversial financing technique: capital appreciation bonds. Used to finance construction, these bonds defer interest payments, often for decades. The extension saves the borrower from spending on repayment right now, but it burdens a future generation with significantly higher costs. Some capital appreciation bonds wind up costing a municipality ten times what it originally borrowed. From 2007 through 2011 alone, research by the Texas legislature shows, the state’s municipalities and school districts issued 700 of these bonds, raising $2.3 billion—but with a price tag of $23 billion in future interest payments. To build new schools, one fast-growing school district, Leander, has accumulated $773 million in outstanding debt through capital appreciation bonds.

Capital appreciation bonds have also ignited controversy in California, where school districts facing stagnant tax revenues and higher costs have used them to borrow money without any immediate budget impact. One school district in San Diego County, Poway Unified, won voter approval to borrow $100 million by promising that the move wouldn’t raise local taxes. To live up to that promise, Poway used bonds that postponed interest payments for 20 years. But future Poway residents will be paying off the debt—nearly $1 billion, all told—until 2051. After revelations that a handful of other districts were also using capital appreciation bonds, the California legislature outlawed them earlier this year. Other states, including Texas, are considering similar bans.

Or here is another example, of New York (the state that is home to the mayor who tries to nudge his residents on everything from soft drinks to salt)  using trickery to consume 25 years of revenue in one year.

Other New York deals engineered without voter say-so include a $2.7 billion bond offering in 2003, backed by 25 years’ worth of revenues from the state’s gigantic settlement with tobacco companies. To circumvent borrowing limits, the state created an independent corporation to issue the bonds and then used the money from the bond sale to close a budget deficit—instantly consuming most of the tobacco settlement, which now had to be used to pay off the debt.

By the way, I recommend the whole linked article.  It is a pretty broad survey of how state and local governments are building up so much debt, both on and off the books, and how politicians bend every law just to be able to spend a few more dollars today.

Previewing the President's College Rankings

Today, President Obama sort-of kind-of acknowledged a problem with Federal college student lending:  Federal loans are doing nothing to improve the affordability of colleges, as colleges are just raising tuition in lockstep with increased lending, thus leaving students massively in debt for the same old degree.

His proposed solution is to somehow tie the availability of Federal funds to some type of government scoring system for colleges.  The probability that this will do anything to reign in student debt is exactly zero.  But it will potentially give the Feds another vehicle for control (similar to what Title IX has given them) of even the most mundane university policies.  Why not, for example, give high scores to universities with the restrictive and politically correct speech codes this Administration favors, thus effectively denying money to students of universities that don't have Eric Holder-sanctioned speech policies?

If you think I am exaggerating, look at the recent Washington Monthly college rankings as a prototype for the Obama scoring system.  In their system, colleges are ranked higher if they have a higher percentage of Peace Corps*** graduates, if more of their Federal work-study grant money is used for jobs at non-profits rather than for-profits**, and if their school reports more community service hours.  This latter points to another issue -- a number of schools rank really low on community service hours, effectively all tied with zero.  This is obviously a reporting issue.  The Obama plan just about guarantees that universities will start to game all these metrics -- does no one pay attention to the fraud that has been found in the law school rankings?

They also have a ranking of the schools providing the best value.  The good news, I suppose, is the school my son attends is #1.  The bad news is that my alma mater Princeton is not even on the list.  I found this odd, because while the authors explicitly laud Amherst's generous program that helps fund students through grants rather than loans, Princeton actually was one of a few schools that did this first (update:  Princeton was the first school to eliminate loans from financial aid packages of low income students, and since has eliminated loans altogether from all financial aid packages.  If you can get in, you can graduate debt-free).

It says this of Amherst:

 It chose to tap its sizable $1.6 billion endowment to provide tuition discounts so generous that the annual net cost to students with family incomes below $75,000 is only $843, less than a third of the sticker price of a year at the average community college. Another elite liberal arts college, Williams, also makes our list. But instructively, none of the other prestigious, well-endowed private colleges and universities in America—not Harvard or Yale, Swarthmore or Smith, none of them—can make that claim.

Actually, we don't know if that last sentence is true because the authors left Harvard and Yale off the list entirely.   My impression is that Princeton makes is very inexpensive for families making less than $75,000 as well, so I could not understand the claim -- perhaps even without debt the tuition charges to low-income families are still unreasonably high.  But we will never know, because apparently Princeton is not even on the list -- not because it does not direct a lot of its endowment to need-based scholarships, but because it has only 10% students on Pell grants, and the authors decided that you could not be on the list unless that number was at least 20% "to make sure they aren’t just catering to the affluent."  This just points to how quickly such a system gets politicized.  What does "catering to the affluent" have anything to do with bang for the buck?  If they really trust their methodology, they would have included these schools and if they are really just over-priced rich kids' playgrounds, that should have come through in the ranking.  Instead, the author's have explicitly invented an unrelated criteria to weed Ivy League schools out, a criteria more related to admissions requirements than to financial aid requirements and affordability and value (the ostensible bases for the rankings).

By the way, if you want to get a really good laugh, this is supposed to be a value or "bang for the buck" ranking, but they only rank the costs.  There is absolutely no ranking of "bang".  Bizarre.  It is as if any degree of any type from any institution is equally valuable.  Which, by the way, is part of the problem in the student loan bubble -- just this assumption.

 

** This is EXACTLY the kind of incentive that will help pay off those future college loans -- lets make sure to encourage every student to work in non-profits rather than for-profits jobs.

*** Why the Peace Corps?  Why not a myriad of other useful and productive occupations?  If you want to have a service metric, why is Peace Corps there and, say, Teach for America not?

New Education Department Guidelines: Violating 3 Constitutional Amendments Simultaneously

I have been meaning to write on the new Obama Administration guidelines to colleges for treating speech as sexual assault and reducing the due process rights of accused students.  But George Will does such a great job I am going to let him do it.

Responding to what it considers the University of Montana’s defective handling of complaints about sexual assaults, OCR, in conjunction with the Justice Department, sent the university a letter intended as a “blueprint” for institutions nationwide when handling sexual harassment, too. The letter, sent on May 9, encourages (see below) adoption of speech codes — actually, censorship regimes — to punish students who:

Make “sexual or dirty jokes” that are “unwelcome.” Or disseminate “sexual rumors” (even if true) that are “unwelcome.” Or make “unwelcome” sexual invitations. Or engage in the “unwelcome” circulation or showing of “e-mails or Web sites of a sexual nature.” Or display or distribute “sexually explicit drawings, pictures, or written materials” that are “unwelcome.”

It takes some work to simultaneously violate this many Constitutional protections in one letter, but the Obama Administration continues to demonstrate its heroic determination to ignore that aging document.

By the way, I cannot find any story about a single university President in the whole country who has objected to these rules.  What a bunch a spineless conformists we running universities.

A few things I would add to Will's comments:

  1. I have written about this emerging "right not to be offended" on University campuses for some time.  This is the Obama Administration trying to codify this nutty BS "right" into law.
  2. There is no way in a rule of law where one can have a law where only the opinion of the victim matters in determining culpability.  To some extent, the loss of due process rights are almost secondary here -- if it is a crime if the victim says it is (ie they were offended), then what defense can one have, anyway?
  3. Given that everyone takes offense to something nearly every day, this law would quickly cause everyone to be kicked out of school.  The Venn diagram of speech that is offensive either to, say, fundamentalist Christians or Muslims and to radical feminists would encompass essentially all of speech related to sex.    Since everyone will not be kicked out of school, the rules will almost certainly be enforced disparately, likely punishing speech with which the university administration disagrees but being far less aggressive in pursuing "unwanted" sexual speech with which it might disagree.

The Plan For Universities to Raise Tuition to Infinity

Via the WSJ, President Obama is proposing debt forgiveness for student borrowers

The White House proposes that the government forgive billions of dollars in student debt over the next decade, a plan that cheers student advocates, but critics say it would expand a program that already encourages students to borrow too much and stick taxpayers with the bill.

The proposal, included in President Barack Obama's budget for next year, would increase the number of borrowers eligible for a program known casually as income-based repayment, which aims to help low-income workers stay current on federal student debt.

Borrowers in the program make monthly payments equivalent to 10% of their income after taxes and basic living expenses, regardless of how much they owe. After 20 years of on-time payments—10 years for those who work in public or nonprofit jobs—the balance is forgiven.

Already, it's pretty clear that many students pay little attention to size of the debt they run up.  Easy loans for students have essentially made them less price sensitive, however irrational this may seem (did you make good short - long term trade-offs at the age of 18?)  As a result, tuition has soared, much like home prices did as a result of easy mortgage credit a decade ago.  The irony is that easier student debt is not increasing access to college for the average kid (since tuition is essentially staying abreast of increases in debt availability), but is shifting student's future dollars to university endowments and bloated administrations.  Take any industry that has in the past been accused of preying on the financially unsophisticated by driving them into debt for profit, and universities are fifty times worse.

So of course, the Progressives in the White House and Congress (unsurprisingly Elizabeth Warren has a debt subsidy plan as well) are set to further enable this predatory behavior by universities.  By effectively capping most students' future financial obligations from student debt, this plan would remove the last vestiges of price sensitivity from the college tuition market.  Colleges can now raise tuition to infinity, knowing that the bulk of it will get paid by the taxpayer some time in the future.  Just as the college price bubble looks ready to burst, this is the one thing that could re-inflate it.

Postscript:  By the way, let's look at the numbers.  Let's suppose Mary went to a top college and ran up $225,000 in debt.  She went to work for the government, averaging $50,000 a year (much of her compensation in government is in various benefits that don't count in this calculation).  She has to live in DC, so that's expensive, and pay taxes.  Let's say that she has numbers to prove she only has $20,000 left after essential living expenses.  10% of that for 10 years is $20,000 (or about $13,500 present value at 8%).  So Mary pays less than $20,000 for her education, and the taxpayer pays $205,000.  The university makes a handsome profit - in fact they might have given her financial aid or a lower tuition, but why bother?  Mary doesn't care what her tuition is any more, because she is capped at around $20,000.  The taxpayer is paying the rest and is not involved in the least in choosing the university or setting prices, so why not charge the taxpayer as much as they can?

Postscript #2:  It is hard to figure out exactly what Elizabeth Warren is proposing, as most of her proposal is worded so as to take a potshot at banks rather than actually lay out a student loan plan.  But it appears that she wants to reduce student loan interest rates for one year.  If so, how is this different from teaser rates on credit cards, where folks -- like Elizabeth Warren -- accuse credit card companies of tricking borrowers into debt with low initial, temporary rates.  I  find it  a simply astounding sign of the bizarre times we live in that a leading anti-bank progressive is working on legislative strategies to get 18-year-olds further into debt.

The Shifting Concept of "Dystopian"

Some professors are arguing about online education.  I will not comment on that particular topic right now, though it sounds a bit like two apatosauruses arguing about whether they should be worried about the comet they just saw.

I did, however, want to comment on this, from an SJSU professor to a Harvard professor, I assume pushing back on online course work designed by Harvard.  Emphasis added.

what kind of message are we sending our students if we tell them that they should best learn what justice is by listening to the reflections of the largely white student population from a privileged institution like Harvard? Our very diverse students gain far more when their own experience is central to the course and when they are learning from our own very diverse faculty, who bring their varied perspectives to the content of courses that bear on social justice…

having our students read a variety of texts, perhaps including your own, is far superior to having them listen to your lectures. This is especially important for a digital generation that reads far too little. If we can do something as educators we would like to increase literacy, not decrease it…the thought of the exact same social justice course being taught in various philosophy departments across the country is downright scary — something out of a dystopian novel

I would have said that teaching social justice at all and requiring students to take it at many universities was something out of a dystopian novel.  In fact, the whole concept of social justice, wherein it is justified that certain groups can use the coercive force of government to get whatever they may fancy merely by declaring that there is a right to it (e.g. health care), actually underlies a number of dystopian novels.

Postscript #1:  If find it hilarious that the SJSU rejects Harvard-created course materials because they are the product of white privilege.  I cannot speak to Harvard undergrad, but my son is at Amherst which could certainly be lumped into the same category (any college named after an early proponent of biological warfare against Native Americans has to be up there in the white privilege category).  My son actually gave up his earlier plan to study history when he looked at the course catalog.  It was impossible to simply study, say, the political and economic history of Western Europe.  All the courses are such things as "the role of women in the development of Paraguayan aboriginal rights."

Postscript #2:  I don't have the larger context for this letter but it strikes me the professor is stuck in the typical leftist technocratic top-down and centralized single mandated approach to anything.  Why is it that online courses would end up with no viewpoint or content competition?  The Internet has increased the access of most people to a diversity of ideas that go beyond what they got in the morning fish-wrap and from Uncle Walter on TV.  Why would it have the opposite effect in education?  Or perhaps that is what the professor is worried about, a loss of control of the education message by the current academic elite, to be feared in the same way the Left hates Fox News.