Myths and Realities About Affirmative Action

National Journal

Many supporters of using racial preferences in university admissions have distorted debate about the practice by fostering some misleading myths as to how it actually works. As the Supreme Court prepares a climactic decision, to be issued by early July, on the preferential admissions systems at the University of Michigan’s undergraduate and law schools, let’s examine some of these myths and the realities they have obscured. And let’s consider the likely effect on diversity if colleges were to give preferences based on disadvantaged socioeconomic status instead of race.

Iraq and Beyond: Navigating the Fog of War

National Journal

There is no shortage of second-guessing about the war in Iraq, and no shortage of causes for concern. While the conduct of our military ensures eventual victory and should make us proud, the hope of a relatively painless liberation, with grateful Iraqis dancing in the streets almost from day one, has proved too optimistic. The mangled bodies of women, children, other civilians, and combatants are piling up. News photos of horrifying mistakes are bringing hatred of America to unprecedented levels around the world. We may be losing the hearts and minds of Iraqis whose loved ones and neighbors become "collateral damage" and whose lives we have so far changed very much for the worse.

This War May Be Legal, But Arrogant Diplomacy Could Kill Us

National Journal

President Bush asserts that America has the "sovereign authority to use force in assuring its own national security" and does not need a new vote of the United Nations Security Council. On the other hand, U.N. Secretary-General Kofi Annan has warned that "to go outside the Security Council and take unilateral action … would not be in conformity with the [U.N.] Charter." Russian President Vladimir Putin and many others have agreed that such an attack would be illegal.

Falsely Accused `Enemies’ Deserve Due Process

National Journal

Two major court decisions on the rights-or lack of rights-of suspected terrorists, Talibans, and others detained in the war against terrorism came down on March 11. The first held that the 650 foreign nationals seized by U.S. forces abroad and detained at Guantanamo Bay, Cuba, have no legal rights enforceable in U.S. courts. The second decision, by contrast, sharply rebuffed the Bush administration position that even a U.S. citizen arrested in this country can be held incommunicado indefinitely, with no right ever to see a lawyer, a judge, or anyone else, if the military labels this person an enemy combatant.

Do We Want 100 More Years of Racial Preferences?

Princeton Political Quarterly

"IN ORDER TO GET BEYOND RACISM, we must first I take account of race." So wrote the late Justice Harry A. Blackmun in 1978, in one of the six opinions in the Supreme Court’s landmark decision in Regents of University of California v. Bakke. By a 5-4 vote, the Court struck down a rigid racial quota in admissions at a University of California medical school. But one member of the majority, the late Justice Lewis F. Powell, Jr., suggested that he would uphold a more flexible plan using race as a modest plus factor, such as the one then used by Harvard.

Now we have been taking account of race for three decades in admissions to virtually every highly selective university in the nation, as well as in employment and government contracting. The Supreme Court is due to issue by early July its first major decision since Bakke on the constitutionality of racial preferences in state university admissions, in a case brought by disappointed white applicants to the University of Michigan’s undergraduate and law schools. It’s a logical time to take stock. Do the benefits of this type of affirmative action exceed the costs? What do the most relevant empirical data tell us about how it works? How much longer should it continue?

First, let’s be clear about what "taking account of race" actually means in deciding whom to admit. Lawsuits have uncovered a great deal of information that had previously been secret. The weight given to race at the University of Michigan appears to be fairly typical of top universities, but unusually easy to measure because Michigan uses a numerical "selection index" to rank applicants; it almost always admits those with the highest scores. Here is how the process would probably work for two hypothetical applicants from the same Michigan high school:

Perverting the Legal System: The Lead-Paint Rip-Off

National Journal

As tort reformers and trial lawyers resume their arcane battles, the costs of and damage done by our burgeoning lawsuit industry are mounting up, all around us. The total dollar amount awarded in the 100 largest jury verdicts in 2002 was more than three times the 2001 total, reports The National Law Journal. The direct costs to society from the tort liability system jumped by an inflation-adjusted 11 percent from 2000 to 2001, to $205 billion-"the equivalent of a 5 percent tax on wages"-according to a study released on February 11 by the actuarial firm Tillinghast-Towers Perrin (whose clients include most large insurers).

The Case Against the Attacks on Bush’s Case for War

National Journal

Lots of smart people think that invading Iraq over the objection of, say, France would be a huge mistake. I can’t be confident that they are wrong, because the most important question-whether we will be in greater danger if we invade than if we don’t-turns on inherently speculative and debatable calculations and prognostications.