Posts tagged ‘universities’

When #metoo and #blacklivesmatter Collide

Readers will know I have been sympathetic with the animating goals, though not necessarily with the tactics and policy prescriptions, of Black Live Matter.  I do believe there are problems with police accountability and violations of due process that disproportionately (though not exclusively) affect the black community.  While we have come an extremely long way (I grew up in East Texas and saw a lot of bad sh*t), brown skin can still incur a presumption of guilt that simply should not be there in our justice system.

On the flip side I have sympathy with the animating goals of the Me Too movement, and have been utterly offended by stories like the ones about Matt Lauer's automatic door lock to trap women in his office (the same Matt Lauer NBC may have fired Megyn Kelly in order to bring back some day).  And as in the case of BLM, while I am sympathetic to MeToo problems, I have not agreed with their tactics or policy prescriptions.

So despite having roughly the same reaction to both movements, why do I say that #blm and #metoo may be headed for a collision?  Let's start with #metoo.  This is basically a victim's rights movement -- lamenting that victims do not get a fair shake in the justice system.  In many ways the movement is a direct descendent of movies like Dirty Harry and Death Wish whose theme was that the justice system catered too much to criminals and gave criminals too many rights to the detriment of victims and society.  MeToo argues that "women should always be believed," which in practice is interpreted as meaning that the presumption of innocence and due process for the accused should be dialed back or eliminated.  These would be very familiar ideas to Harry Callahan and Paul Kersey.  So much so that I am almost surprised no director has done a female #metoo version of Death Wish.  Oh wait, Clint Eastwood already made that movie as part of the Dirty Harry series, it was called Sudden Impact.

In this context it is easy to see the potential train wreck that may be coming between MeToo and BLM.  The BLM movement at its core is about people of color being treated as guilty -- by police, by the system, by society -- based on the color of their skin.  BLM is about getting due process for the accused (or merely suspected) where it does not exist today.  Metoo, on the other hand, wants to reduce due process rights of the accused.  These two purposes almost have to come into conflict.

This should not come as a surprise, except perhaps to a generation who grew up in crappy public schools that no longer assign real books like, say, To Kill a Mockingbird.  This literary classic, which in my day was a progressive icon but now is being pushed into the background, was about the trial of a white woman falsely accusing a black man of rape, and how this black man was barely saved in a town where everyone automatically believed the white woman.

But we don't just have to look in fiction for examples, we are seeing it today in universities.  Universities are the one place in America that (due to the mandates of the Obama Department of Education) substantially reduced due process and presumption of innocence for men accused of a variety of sexual crimes by women.  The College Fix is one of the many sites in my feed reader, and it has featured numerous cases of college men suing universities over their being railroaded out of school in kangaroo courts over dubious assault charges.  And do you know what I have observed? A disproportionate number of these men who feel victimized by this system appear to me to be men of color and/or non-European foreigners (example from today).  It should not be a surprise to our SJW friends -- I venture that it is zero surprise to BLM -- that these folks with the least power are hurt the most by the loss of due process rights.

Postscript:  I have written before about where BLM and MeToo went wrong in what were originally good causes.  Here is where I think BLM went wrong.  I can't find where I have talked about MeToo going off the rails in one concise article, so here is a brief description of my view:  For years, and I presume still in some cases today, women have gone to their university or police or employer and reported sexual harassment or sex crime and have sometimes been met with lethargy -- they get patted on the head and told to go away or worse they get blamed for the incident.  But the net result is no serious investigation.  In this context, "believe the woman" makes sense.  A woman's accusations should be treated seriously and get a serious investigation without negative consequences for the woman who reported it.  But for a variety of reasons that desire to have real due diligence in response to accusations has morphed into a desire that the accusation be the same as a conviction.  So we went from a system with no investigation, though with a default to the accused to now a system with no investigation and a default to the accuser.  Neither system makes sense or is consistent with individual liberties and the rule of law and the entire history of our justice system.  "Treat every woman's accusations seriously" would have been a better motto (though maybe with an asterisk for women brought forward by Michael Avenatti).

As a disclosure, I once had a female ex-employee (who I never met face-to-face) accuse me of all kinds of crazy stuff.  The campgrounds I ran were training camps for the Taliban, I was a narcotics dealer, I was harboring fugitives, etc. She posted these accusations on facebook, tried to sue me, wrote letters to the government, tried to get on the news, and even put up yard signs.  She threatened me and my family with pictures of her holding her gun and we had to get a restraining order and a better security system.  It was a nerve-wracking time, and if we had believed all women, I would probably be in Guantanamo now.  By the way, I remember my wife really blasting me for this piece when I said how reluctant I am being alone with a young woman.  I responded to her, "what if I had been alone with [lady described above] for any amount of time?"  She thought for a second and said, "you would have been hosed - she would have accused you of rape for sure."

Reducing Hiring Information About Unskilled Workers Available to Employers Reduces Employment of Unskilled Workers

From the recently released study, "The Unintended Consequences of 'Ban the Box': Statistical Discrimination and Employment Outcomes When Criminal Histories Are Hidden"

Jurisdictions across the United States have adopted “ban the box” (BTB) policies preventing employers from asking about job applicants’ criminal records until late in the hiring process. Their goal is to improve employment outcomes for those with criminal records, with a secondary goal of reducing racial disparities in employment. However, removing criminal history information could increase statistical discrimination against demographic groups that include more ex-offenders. We use variation in the timing of BTB policies to test BTB’s effects on employment. We find that BTB policies decrease the probability of employment by 3.4 percentage points (5.1%) for young, low-skilled black men.

This is a pretty predictable outcome, and one that was discussed in my recent paper "How Labor Regulation Harms Unskilled Workers."  The effects of these regulations are synergistic.  Taken alone, one might expect this outcome from ban-the-box.  But combine it with minimum wage laws, rules that increase the monetary risk to employers for hiring unsuitable employees, and the increased regulatory difficulty in terminating employees (particularly minorities) and the effect is likely greater.  I explain this all in depth in the paper but here is a taste:

It used to be that the worst human resource risk a company faced was hiring employees who simply did not justify their salary. However, given the current body of regulation, any poorly selected employee is a potential ticking bomb who, through bad behavior with customers or other employees, could tie up the company for years in expensive litigation or regulatory actions. But as a firm’s liability for the negative activity of a poorly chosen
employee rises, regulations are making it harder to get good information to make better hiring choices,while simultaneously making it harder to terminate employees who were poorly chosen and present threats to the workplace or customers. When employers begin to look at their employees not as valuable assets but as potential liabilities, fewer people are going to be hired.

One potential way employers can manage this risk is to shift their hiring from unskilled employees to college graduates. Consider the risk of an employee making a racist or sexist statement to a customer or coworker (and in the process creating a large potential liability for the company). Almost any college graduate will have been steeped in racial and gender sensitivity messages for four years, while an employer might have an hour or two of training on these topics for unskilled workers. Similarly, because good information on prospective employees—credit checks, background checks,reference checks, discussions of past employment and salary—all have new legal limitations, employers who hire college graduates benefit from the substantial due diligence universities perform in their admissions process.

I made a vow a while back to try to get better at appealing to progressives using their assumptions, not mine.  So here is my shot at it here.  Prejudice exists among some employers that hold a stereotype of African-Americans as disproportionately criminal.  The best way to fight prejudice is through information and education.  But ban-the-box laws and other restrictions on background checks do just the opposite -- they restrict information.  Employers who see full criminal record information, say for African-American applicants, will be struck by how few have criminal records.  "Hey, these guys are OK," I can imagine someone saying.  Without this information, all that the employer has to work with are his pre-existing prejudices and misinformation, and in that context he might avoid African-Americans thinking "they are probably all criminals."

Good For Princeton

This is great news from my alma mater, which I have criticized in the past:

Much of the news regarding free speech on campus is enough to make anyone despair. Year after year more people and ideas are muzzled.

But some very heartening news of late comes from Princeton. Due largely to a new book promoting free speech by Princeton University political scientist Keith Whittington and the unusual support and campus-wide promotion of the book by Princeton’s president Chris Eisgruber, Princeton is now in the forefront of those American colleges and universities that have said “stop” to the onslaught of thuggish campus militants intent on shutting down free speech. This latest development comes on the heels of several other very positive developments on the free-speech front at Princeton.

Three years ago, in April of 2015, the governing board of the faculty at Princeton adopted the main body of what has come to be known as the Chicago Principles of free speech and free expression. Originally drawn up by a committee of the University of Chicago chaired by law professor Geoffrey R. Stone, these principles condemned the suppression of views no matter how “offensive, unwise, immoral, or wrong-headed [they may appear] by some or even by most members of the University community.”

Great Moments in Public Spending

Our two largest Arizona public colleges are spending over $18 million in public funds just to get rid of their football coaches.

I use the words "public funds" knowing exactly what I am saying.  The schools dispute this, saying:

...no tuition dollars nor public money will fund the buyouts. Both universities have self-sustaining athletic departments

But this is total cr*p.  Money is fungible.  They can pretend that this money comes from athletic program revenues, just as certain electricity customers pay extra to say that their undifferentiated kilowatts from the grid came from a particular solar plan or windmill, but its not true in either case.  Marginal spending is paid for in the end by the marginal source of funds, and the marginal source of funds for universities is tax money.  That is $18 million that could have been spent for about anything in these public education institutions but was prioritized towards trying to upgrade the football coach.

Natural Climate Variability and Mann's Hockey Stick

Most folks even slightly acquainted with the climate debate have seen Dr. Mann's hockey stick.  It is a historical temperature reconstruction using proxies such as the width of tree rings.

There were a zillion problems with this analysis, which I and many covered years ago and, frankly, I am past my tolerance in reiterating once again.  Just to name three:

  • The inflection of the hockey stick occurs right where two completely different data sets - proxies and actual thermometer readings -- have been grafted together, leading one to wonder if the inflection is a real natural phenomenon or instead related to differences in how the data was gathered
  • The blue line, of the proxy data, ends in 1950.  The reason for that is that the proxy data actually shows temperatures falling since 1950.  This does not mean that temperatures actually fell - we are sure they have risen -- it means that the proxies are not very good proxies.  If they are not following temperatures well in the last 50 years, why do we think they mirrored temperatures well in the 1000 years before that?
  • As Steve McIntyre showed, while Mann used many proxies, his statistical method basically over-weighted a single data set from bristlecone pines in California and used techniques that were shown later to generate hockey sticks even from random noise.

Anyway, you can search Google and spend most of the day reading critiques and defenses of Mann.

But I think a lot of laymen missed the point of the analysis.  Folks want to say that the hockey stick proves we have a big current spike in temperatures -- ie they focus on the blade of the hockey stick.  But we already knew from surface temperature records that world temperatures have risen perhaps 0.8C over the last century.  And besides, as mentioned above, Mann's proxy data does not even confirm or support the current working.

No, the "insight" of the hockey stick analysis was the handle -- the fact that until 1900, Mann was essentially claiming that temperatures had been 1) dead flat with limited variation and 2) consistently well below current temperatures.  Prior to Mann's analysis, most scientists had a picture of past climate that had a warm period from 1000-1300 that was perhaps as warm as it is today followed by a cold period  (called the medieval warm period and the little ice age).  Most of this was based on historical analysis.  Go to your local university and find a medieval historian.  Going forward, universities will probably not teach any European history any more, but you probably can find a few old folks still hanging on via tenure.  I took an audio course from Philip Daileader of William and Mary and he started his course on the high middle ages (1000-1300) by saying the most important fact of that period was the demographic expansion allowed in part by a warm and favorable climate.  The warm climate allowed more food production as new areas, particularly in the north, could be brought into production.  In turn, after 1300, Europe was met with a cooler and wetter climate that created a horrible famine in the 1320's, which in turn likely weakened the population and made the black death a few decades later all the worse.  Later on, we have records of canals and rivers freezing across Europe that almost never freeze today.  This colder period lasted until the early 19th century (I use 1812 as a break as I think of the freezing Russian winter of that year that sent Napoleon home without most of his army).  Temperatures and sea levels began rising after that, long before man was burning fossil fuels in earnest.

This historical picture, shared by pretty much everyone until 20 years ago, was overturned by Mann.  Look at his chart - no warm period in the middle ages, and no substantially colder period just afterwards.  How did he refute the historical evidence, which is robust?  He waved this evidence off as limited to Western Europe.  Which was sort of funny, because most of his proxy data came from an even smaller area, the mountains east of Bishop, CA**.

So all this is a leadup to a new study out of China looking at temperature proxies for China.  And it turns out China, which is on the other side of the world from the west (I know that because when Bugs Bunny digs straight down he always comes out in China), has pretty much the same temperature history everyone before Michael Mann thought we had in Europe.

 

**postscript:  If you have a sports car, and want to drive a curving mountain road that does not have a lot of big cliffs and has pretty much zero other cars to get in the way, you might try Highway 168 from near Bishop up towards the ancient bristlecone pine forest.

 

 

More NCAA Discrimination Against Athletes With Stupid Amateurism Rules

When I was a senior at Princeton, Brooke Shields was a freshman.  At the time of her matriculation, she was already a highly paid professional model and actress (Blue Lagoon).  No one ever suggested that she not be allowed to participate in the amateur Princeton Triangle Club shows because she was already a professional.

When I was a sophomore at Princeton, I used to sit in my small dining hall (the now-defunct Madison Society) and listen to a guy named Stanley Jordan play guitar in a really odd way.  Jordan was already a professional musician (a few years after he graduated he would release an album that was #1 on the jazz charts for nearly a year).  Despite the fact that Jordan was a professional and already earned a lot of money from his music, no one ever suggested that he not be allowed to participate in a number of amateur Princeton music groups and shows.

My daughter is an art major at a school called Art Center in Pasadena (where she upsets my preconceived notions of art school by working way harder than I did in college).  She and many, if not most of her fellow students have sold their art for money already, but no one as ever suggested that they not be allowed to participate in school art shows and competitions.

And then there are athletics.

 A football player for the University of Central Florida has lost his place in the team, and hence his scholarship, due to his YouTube channel. UCF kicker Donald De La Haye runs "Deestroying," which has over 90,000 subscribers and has amassed 5 million views, thus far. It's not the channel itself that cost him his scholarship, though -- it's the fact that he has athletics-related videos on a monetized account.

The NCAA saw his videos as a direct violation to its rule that prohibits student athletes from using their status to earn money. UCF's athletics department negotiated with the association, since De La Haye sends the money he earns from YouTube to his family in Costa Rica. The association gave him two choices: he can keep the account monetized, but he has to stop referencing his status as a student athlete and move the videos wherein he does. Or, he has to stop monetizing his account altogether. Since De La Haye chose not to accept either option, he has been declared inelegible to play in any NCAA-sanctioned competition, effectively ending his college football career.

When I was a sophomore at Princeton, my sister was a Freshman. We were sitting in my dorm the first week of school, watching US Open tennis as we were big tennis fans at the time.  My sister told me that she still had not heard from her fourth roommate yet, which was sort of odd.  About that time, the semifinals of the US Open were just beginning and would feature an upstart named Andrea Leand. My sister says, hey -- that's the name of my roommate.  And so it was.  Andrea was a professional tennis player, just like Brook Shields was already a professional actress and Stanley Jordan was already a professional musician.  But unlike these others, Andrea was not allowed to pursue her talent at Princeton.

I don't know if student athletes should be paid by the school or not. We can leave that aside as a separate question.  People of great talent attend universities and almost all of them -- with the exception of athletes -- are allowed to monetize that talent at the same time they are using it on campus.  Athletes should have the same ability.

Postscript:  I wrote about this years ago in Forbes.    As I wrote there:

The whole amateur ideal is just a tired holdover from the British aristocracy, the blue-blooded notion that a true "gentleman" did not actually work for a living but sponged off the local [populace] while perfecting his golf or polo game.  These ideas permeated British universities like Oxford and Cambridge, which in turn served as the model for many US colleges.  Even the Olympics, though,  finally gave up the stupid distinction of amateur status years ago, allowing the best athletes to compete whether or not someone has ever paid them for anything.

In fact, were we to try to impose this same notion of "amateurism" in any other part of society, or even any other corner of University life, it would be considered absurd.  Do we make an amateur distinction with engineers?  Economists?  Poets?...

In fact, of all the activities on campus, the only one a student cannot pursue while simultaneously getting paid is athletics.  I am sure that it is just coincidence that athletics happens to be, by orders of magnitude, far more lucrative to universities than all the other student activities combined.

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.