Minority Issues

Amy Chua

As opposed to Chinese Tigers robotically assembling Apple products, isn’t it more wondrous to behold the specter of two Chinese-Jewish Ivy League law ­professor/successful author Hybrid Tigers who’ve fashioned Yale student research (from a 2008 project) into a dull but probably lucrative book? Such are the rewards of our American meritocracy.

Sandra Tsing Loh, writing in the New York Times Book Review about The Triple Package (affiliate link), the new book by Professors Amy Chua and Jed Rubenfeld of Yale Law School.

(Additional highlights from the review, after the jump.)

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Law is not an especially racially diverse profession. More than 93 percent of partners are white, and less than two percent are black, according to 2013 statistics from NALP. A little over four percent of associates are black. A single African American lawyer argued before the U.S. Supreme Court in the entire OT 2012. By contrast, African Americans account for approximately 13 percent of the U.S. population.

Perhaps you think these statistics reflect persistent, pervasive race bias, even hatred. Perhaps you worry, as I do, that many good potential lawyers are excluded from the profession by a combination of obstacles that disproportionately affect the black community. Or perhaps you think many African Americans are just too damned smart to board the sinking ship that you think is the American legal world’s “New Normal.”

For purposes of present discussion, let’s say that, ceteris paribus, increasing the number of black lawyers would be good. How should law school admissions policies promote this goal?

Last Friday, Elie wrote about a Daily Caller article revealing plans at the University of Arkansas at Little Rock’s Bowen School of Law. The plans involved faculty discussion of a new admissions program designed to recruit more black law students. Elie decried the article, lauded the proposed program, and suggested that it was not unconstitutional. Dan Greenberg, quoted in both the DC article and Elie’s, responded.

I agree with Elie that the DC article was lousy — poorly researched, misleadingly written, and blatantly inflammatory. I agree with Dan Greenberg, however, that UALR’s proposal almost certainly would not withstand the strict scrutiny analysis required of race-based admissions programs.

What is so wrong with admissions policies like this one? Even if we agree that encouraging and including more black law school applicants is a good thing, there are fairer, constitutionally permissible ways to achieve that goal without relying on ham-fisted race-based criteria. Ironically, we need look no further than the text of the LEAP proposal itself to see an example….

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Amy Chua: return of the Tiger Mother.

That’s the question that occurred to me after reading the interesting New York Times profile of Amy “Tiger Mother” Chua and her husband, Jed Rubenfeld. In advance of the February 4 release of Chua and Rubenfeld’s new book, The Triple Package: How Three Unlikely Traits Explain the Rise and Fall of Cultural Groups in America (affiliate link), the Times decided to profile this pair of prominent professors at Yale Law School.

The Times article contains some interesting new tidbits — including, for example, the elite Ivy League college that just admitted Chuafeld’s youngest daughter….

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Amy Chua: return of the Tiger Mother.

Merely stating the fact that certain groups do better than others — as measured by income, test scores and so on — is enough to provoke a firestorm in America today, and even charges of racism. The irony is that the facts actually debunk racial stereotypes. There are some black and Hispanic groups in America that far outperform some white and Asian groups.

– Professors Amy Chua and Jed Rubenfeld of Yale Law School, in a New York Times essay based on their new book, The Triple Package: How Three Unlikely Traits Explain the Rise and Fall of Cultural Groups in America (affiliate link).

(Is the book “racist”? Let’s discuss, after the jump.)

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Regardless of what you think about affirmative action, can we at least agree that it is a complicated issue? Can we at least agree that the vagaries of constitutionally permissible racial conscious admissions programs are subtle? Is it too much to ask that when reporters try to get the public to freak out about affirmative action proposals, they at least read the proposals first?

The Daily Caller got a hold of an affirmative action story yesterday, and they totally blew it. They’ve got a juicy headline: “Will public law school push affirmative action in secret?” And they’ve got a really crazy hook: “[The law school] would allow [disadvantaged minorities] to study a different curriculum and take different tests than other students pursuing the same studies.”

Well damn, if a law school was pushing a secret plan to allow minorities to take different tests than everybody else at the law school, that would be outrageous! And unconstitutional! And generally horrible.

Good thing that’s not at all what any law school is contemplating…

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The New Yorker recently published a profile of President Barack Obama, written by David Remnick. Eighteen pages and approximately 17,000 words long, it’s the sort of long-form journalism many of us yearn for in a blighted age of listicles and blurbs and click-bait articles the titles of which sound more like threats than topics of meaningful discussion.

In the piece, the President says:

“There is a historic connection between some of the arguments that we have politically and the history of race in our country, and sometimes it’s hard to disentangle those issues [ . . . ] You can be somebody who, for very legitimate reasons, worries about the power of the federal government—that it’s distant, that it’s bureaucratic, that it’s not accountable—and as a consequence you think that more power should reside in the hands of state governments. But what’s also true, obviously, is that philosophy is wrapped up in the history of states’ rights in the context of the civil-rights movement and the Civil War and Calhoun. There’s a pretty long history there. And so I think it’s important for progressives not to dismiss out of hand arguments against my Presidency or the Democratic Party or Bill Clinton or anybody just because there’s some overlap between those criticisms and the criticisms that traditionally were directed against those who were trying to bring about greater equality for African-Americans. The flip side is I think it’s important for conservatives to recognize and answer some of the problems that are posed by that history, so that they understand if I am concerned about leaving it up to states to expand Medicaid that it may not simply be because I am this power-hungry guy in Washington who wants to crush states’ rights but, rather, because we are one country and I think it is going to be important for the entire country to make sure that poor folks in Mississippi and not just Massachusetts are healthy.

When the President draws a connection between contemporary advocates of limited government and the vicious history of American apartheid, the public is wont to think that this connection is accepted truth. He sets a new starting point for discourse, a new baseline for measuring the claims of his political opponents. He leads the average citizen to think that there’s no argument needed for these conclusions . . . even though an actual argument is definitely called for to support accusations of this sort.

Nevertheless, he might be onto something. No. Seriously…

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Got a pedigree problem?

* The Supreme Court isn’t sure how to address restitution in this child pornography case, but the justices agreed that they didn’t like the “50 percent fudge factor” offered by a government attorney. [New York Times]

* No, stupid, you can’t strike a juror just because he’s gay. By expanding juror protections to sexual orientation, the Ninth Circuit recently added a new notch on the gay rights bedpost. Progress! [Los Angeles Times]

* The Privacy and Civil Liberties Oversight Board says the NSA’s domestic surveillance program is illegal and should be stopped. Sorry, Edward Snowden beat you to the punch on that one. [New York Times]

* While Blank Rome was busy denying a possible merger with Nixon Peabody, it picked up 21 attorneys from two small firms in California to open a San Francisco office. Sneaky. [Philadelphia Business Journal]

* Dennis T. O’Riordan, the ex-Paul Hastings partner who faked his credentials, was disbarred — not in New York, where he claimed he was admitted, but across the pond in the United Kingdom. [Am Law Daily]

* The ABA Journal wants to know if your law firm considers law school pedigree during its hiring process. Please consider the law schools your firm shuts out from OCI, and respond accordingly. [ABA Journal]

* Word on the street is UALR School of Law is trying to push an affirmative action program that’s “likely unconstitutional.” It might also be insulting to prospective minority students, so there’s that. [Daily Caller]

* Hot on the heels of the SCOTUS stay, Utah has ordered its state agencies not to recognize any of the same-sex marriages that took place. Eww, Utah, you are being disgusting right now. [NBC News]

* The eminently quotable Chancellor Leo Strine of the Delaware Court of Chancery has been nominated to serve as chief justice of the state’s highest court. Best of luck with your confirmation! [Chicago Tribune]

* Law firm mergers rose by almost 50 percent after 88 firms joined forces throughout 2013 (a new record, according to Altman Weil). Let’s see if this year’s pace is as frenzied as last year’s. [Am Law Daily]

* The legal profession isn’t very good at diversity, especially in Texas. Here’s a not-so fun fact: just six percent of all equity partners at the largest law firms in Dallas are minorities. [Dallas Business Journal]

* “[I]t was the first time he had ever heard of someone being killed by a pair of underwear.” A man in Oklahoma was tragically killed after becoming the first-ever recipient of a fatal atomic wedgie. [News OK]

The Tiger Mother roars again.

That insecurity should be a critical lever of success is another anathema, flouting the entire orthodoxy of contemporary popular and therapeutic psychology…. Note that there’s a deep tension between insecurity and a superiority complex. It’s odd to think of people being simultaneously insecure but also convinced of their divine election or superiority.

– Professors Amy Chua and Jed Rubenfeld of Yale Law School, in their forthcoming book, The Triple Package: How Three Unlikely Traits Explain the Rise and Fall of Cultural Groups in America (affiliate link).

(The 8 superior ethnic cultural groups are listed below. Did yours make the cut?)

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Retiring to a stately manor in the countryside and spending your remaining days drinking scotch and smoking cigars. A quaint life away from it all, secluded from the hustle and bustle of all those people in the big city. That sounds like a lovely retirement plan. Or the ambition of an Austen protagonist. In any event, one young lawyer out there wants this retirement to become his reality, and he’s taken to the Internet seeking donations to fund his early retirement. He’s only seeking $5 million. That’s some expensive scotch.

If you want to help out this lawyer with a small donation, I guess there’s just one more tidbit of pertinent information you should know:

He has kinda run a designated hate group before….

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