Monthly Archives: October 2018

LOOKING BACKWARD ON HARVARD’S DIVERSITY PROBLEM

Last week witnessed two events, both involving Harvard University and the enigma of ethnic diversity. On October 15, the trial of Harvard College began in a Boston federal courtroom. The institution stands accused of racial discrimination against Asian-Americans in admissions. On the same day, in the courtroom of public opinion, former Harvard Law Professor, now U.S. Senator, Elizabeth Warren released a DNA report supposedly corroborating her claim to Native American heritage.

Both events are surrounded by controversy, with partisans lining up along predictable lines. And both events take on added significance when viewed against the background of Harvard’s first experiment in what might today be considered affirmative action: the establishment of an “Indian College” in 1655.Old-Harvard-Yard-according-to-Anthropology-1130-e1419632116650 Continue reading

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AFTER KAVANAUGH

As this story goes to press, it is uncertain whether Judge Kavanaugh will be confirmed to sit on the Supreme Court. But one thing is certain. The confirmation process itself is broken, and in desperate need of repair. Here are three recommendations. They may not necessarily fix the many problems manifested over the past few months, but they may at least moderate them.Panorama_of_United_States_Supreme_Court_Building_at_Dusk

First, the process needs a consensus among its participants on the meaning of judicial temperament. Everyone agrees that judicial temperament is a crucial qualification. No one agrees on what that temperament should be. Continue reading

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Filed under Law, Politics