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Re:Justice Department sues Yale for illegal practices in adm... by dahart on Thursday October 08, 2020 @07:43PM (#24725171)
I know there are a lot of people coming to the conclusion that affirmative action toward one group counts as negative discrimination toward another - and certainly technically it may. Though just like this Justice Department press release, room is rarely left for nuances like the difference between negative discrimination and positive discrimination, and it seems to be assumed or taken at face value that we're in a zero-sum game, that one race can't be helped without another race being hurt. That might be the case for Yale admissions, but is that really true in general?

My main question, without disagreeing with the hypotheses given by the Justice Department, is this: if it's true that blacks are still being discriminated against, and nobody is allowed to compensate for that by taking action, what else can we need to do to solve the pre-existing discrimination, assuming that it's cultural and difficult?

Re:Justice Department sues Yale for illegal practices in adm... by rayiner on Thursday October 08, 2020 @10:55PM (#24726278)
> My main question, without disagreeing with the hypotheses given by the Justice Department, is this: if it's true that blacks are still being discriminated against, and nobody is allowed to compensate for that by taking action, what else can we need to do to solve the pre-existing discrimination, assuming that it's cultural and difficult

I’m an Asian and I’m okay with affirmative action. But it’s worth noting that over 60% of Black people think race should not be even a “small factor” in college admissions: https://www.pewresearch.org/fact-tank/2019/02/25/most-americ...

Insofar as the public might not want race-based preferences, there are things we can do that are putatively race-neutral but will disproportionately advantage Black people. One of the most effective things we could do is baby bonds: https://www.urban.org/urban-wire/how-baby-bonds-could-help-a...

Fixing that disproportionately negatively affect Black people, such as criminal justice reform, would help. Police reform-not just to reduce brutality, but also to reduce crime in Black communities—would help.

Re:Justice Department sues Yale for illegal practices in adm... by dragonwriter on Thursday October 08, 2020 @07:46PM (#24725204)
> I know there are a lot of people coming to the conclusion that affirmative action counts as discrimination

Any distinction in a decision is discrimination. What is more relevant is it (legally or ethically, depending on context) impermissible discrimination.

Re:Justice Department sues Yale for illegal practices in adm... by dahart on Thursday October 08, 2020 @07:53PM (#24725255)
I fully agree, and that's exactly what I'd like to explore more. I went with what I believe is a common interpretation of discrimination as something that is negative and biased against a specific target.
Re:Justice Department sues Yale for illegal practices in adm... by Teever on Thursday October 08, 2020 @07:48PM (#24725219)
The question isn't whether this is an example of positive discrimination or negative discrimination because the implication of either is that it that the result is either positive/negative for another party.

The question is whether or not this is justifiable discrimination.

Re:Justice Department sues Yale for illegal practices in adm... by aeternum on Thursday October 08, 2020 @08:18PM (#24725426)
Discrimination based on socio-economic background, the highschool attended, income level is all already legal.

Those are much more difficult to game. Why not use those things instead of something like race?

Re:Justice Department sues Yale for illegal practices in adm... by antepodius on Friday October 09, 2020 @03:08AM (#24727576)
Because then you might have poor people at Yale. Worse, poor whites. The people at Yale would never stand for it.
Re:Justice Department sues Yale for illegal practices in adm... by jjoonathan on Thursday October 08, 2020 @07:44PM (#24725176)
> there are a lot of people coming to the conclusion that affirmative action counts as discrimination - and certainly technically it does

Technically? Technically?!?!

Re:Justice Department sues Yale for illegal practices in adm... by meroes on Thursday October 08, 2020 @07:52PM (#24725243)
This is a clash of keeping a status quo of entrenched wealth, legacy, and power vs. discriminating/affirmative action at some level. Without some kind of affirmative action somewhere in the system we are just perpetuating old power and money dynamics extant since the founding of the country, if not before.

As a person in the discriminated against group of the DOJ complaint, I am against the DOJ motion. I agree Yale probably violated the law, but I don't view AA as inherently immoral.

Downvote time: my solution for Yale to serve the least empowered historically groups in this country, descendants of slaves and equally disempowered groups through generationally unfair/racist laws (e.g. interment camps, 3/5 compromise, Jim Crow, red lining, etc) is to say if you can trace your family history to any of these events, you get a boost. Same effect, not race based.

Re:Justice Department sues Yale for illegal practices in adm... by jjoonathan on Thursday October 08, 2020 @08:13PM (#24725393)
History is chock-full of evil. I can't think of a more backwards idea than holding a pity circus where people try to convince authorities that the evil vested upon their ancestors in particular means that they deserve reparations today.

Fortunately, you don't need a pity circus to figure out who needs help today and going forward. IMO that's not only a less incendiary angle from which to approach the problem, it's much easier to correctly implement, much more productive, and much less prone to back-and-forth escalation.

Re:Justice Department sues Yale for illegal practices in adm... by tupputuppu on Friday October 09, 2020 @06:10PM (#24734937)
How do asians represent wealth and entrenched power? Are you at all familiar with the history and statistics related to asian americans?
Re:Justice Department sues Yale for illegal practices in adm... by antepodius on Friday October 09, 2020 @03:10AM (#24727591)
Even if you're rich? Nice.
Re:Justice Department sues Yale for illegal practices in adm... by dahart on Thursday October 08, 2020 @07:49PM (#24725224)
I'm attempting to be both diplomatic and open in what I already know is a contentious issue. The whole intent behind this type of positive discrimination is not to hold any specific race back, but to equalize the outcomes for some people that have been systematically disadvantaged in the past.

Part of the assumption behind equalizing outcomes is that it might illuminate negative discriminatory behavior, and allow the system to equalize on it's own faster than it would without any intervention. I'd love to hear more about when & whether this works. If it does help fix racism, maybe it's worth some temporary action. If it doesn't help fix the underlying issue, then maybe the Justice Department is doing the right thing.

Re:Justice Department sues Yale for illegal practices in adm... by jjoonathan on Thursday October 08, 2020 @07:57PM (#24725290)
Fighting racism with racism is difficult because racism isn't just a number. If you reject the idea of fighting racism by stomping it out where you find it and instead try to use counter-racism, suddenly you're in the business of determining precisely, exactly the opposite direction of the existing racism. If you screw it up you just add to the problem. See: video-game speedrunners blasting through levels at enormous speed because devs thought that "pushing in the opposite direction" was conceptually easy, but it turned out not to be -- and that's just 3 dimensions! Here we're talking about people's lives, with hundreds of dimensions. There's no way that's going to end well, it's just tossing gasoline onto racial tensions. Sure, the gasoline might extinguish the fire. It's not impossible. I'd place a lot of money on the opposite, though.
Re:Justice Department sues Yale for illegal practices in adm... by dahart on Thursday October 08, 2020 @08:00PM (#24725311)
How do we push back in exactly, precisely the opposite direction?
Re:Justice Department sues Yale for illegal practices in adm... by jjoonathan on Thursday October 08, 2020 @08:04PM (#24725329)
You don't. That's my point: it's nearly impossible to do a good job of fighting racism with racism and very, very easy to screw it up catastrophically. Just look at what's already happened with Asians becoming collateral damage.

Instead, you fight racism by A) stomping it out where you see it, B) instituting policies that help poor and disadvantaged people in general. Strategies like that are much more foolproof than trying to fight racism with racism. Also much more expensive, which is why there's a temptation to kid ourselves that fighting racism with racism could possibly work.

Re:Justice Department sues Yale for illegal practices in adm... by dahart on Thursday October 08, 2020 @08:21PM (#24725437)
I like this direction of discussion, and I think affirmative action actually is acknowledgement of what you're saying - that we don't have any way to push back in the exact same direction. So the idea instead is to work on equalizing the opportunities and outcomes and just hope that helps equalize the cultural forces, right?

What does it mean exactly to stomp it out where you see it? How do we see it and how do we stomp it out? What if it's hard to see, or difficult to stomp out?

Are there cases I can read about where these strategies have been proven foolproof, has it worked in other countries to eliminate racism by helping the poor?

Re:Justice Department sues Yale for illegal practices in adm... by jjoonathan on Thursday October 08, 2020 @08:56PM (#24725615)
I'm afraid I'm no historian, so I'm not going to be able to draw up a comparative history of counter-racism approaches vs help-the-poor approaches, at least not beyond the obvious examples where an oppressed minority suddenly gets power, seeks revenge, and it inevitably ends very badly for both sides.

I'm an engineer. Systems theory is how I interface with these ideas. It has notions of "gain margin" and "phase margin" -- i.e. how hard you can push (or how long you can delay feedback, the two are somewhat interchangeable, which is often under-appreciated) before your attempt to build a self-correcting airplane wing, power delivery circuit, rocket that points up, etc stops being self-correcting and turns into a wildly oscillating self-destructive mess that you should count yourself lucky if it only destroys itself without taking its surroundings with it.

In society, we can't calculate gain margin and phase margin, but we still have to decide how hard to push and if we push too hard, the system will still punish us. All of us. Nobody likes to hear "push more softly for the cause you believe in." I sure don't. But having screwed up this choice in an engineering context, I respect the possibility of screwing it up in a social context, and I see it as a strong argument for exercising restraint.

> What does it mean exactly to stomp it out where you see it? How do we see it and how do we stomp it out? What if it's hard to see, or difficult to stomp out?

We've stomped out most of the blatant, obvious racism that was easy to see, so from here out it's largely going to be difficult. That is: option B, above. That's how we go after the systemic racism: ensure that the system shrinks the influences of the past rather than growing them. In particular, we need to figure out what kind of support is necessary to give the next generation of kids a fair shake at life and give it to them. Even more specifically I'm thinking about federally funded health care, housing, and primary/secondary education. It's going to cost a lot. It's not going to let us indulge in fantasies of somehow canceling out the racism of yesterday. But it might let us fix tomorrow.

Re:Justice Department sues Yale for illegal practices in adm... by dahart on Friday October 09, 2020 @10:03AM (#24729983)
> the obvious examples where an oppressed minority suddenly gets power, seeks revenge, and it inevitably ends very badly for both sides

What examples are you thinking of? When has that happened?

> We’ve stomped out most of the blatant, obvious racism that was easy to see

Are you sure about that? Why are you sure about it? There are a lot of metrics that still show wide inequalities by race, such as pay and wealth, access to health care, and last but not least education. Police treatment differing by race obviously still exists.

I think this has been the sticking point, that some people will only “see” obviously oppressive or racist behavior as something we should stomp out, but when it comes to outcomes, even though outcomes clearly shows racism exists, there’s a flood of fierce debate like this one that we shouldn’t do anything about it, in the name of being anti-discrimination.

https://www.washingtonpost.com/business/2020/06/04/economic-...

https://www.americanprogress.org/issues/race/reports/2018/02...

https://www.pewsocialtrends.org/2016/06/27/1-demographic-tre...

Re:Justice Department sues Yale for illegal practices in adm... by kn0where on Thursday October 08, 2020 @08:17PM (#24725418)
When being a member or a particular race is highly correlated with being poor and disadvantaged in America, is instituting a policy that admits more of them to Yale an example of B) or, as you say, trying to fight racism with racism?
Re:Justice Department sues Yale for illegal practices in adm... by jjoonathan on Thursday October 08, 2020 @08:29PM (#24725478)
> is instituting a policy that admits more of them to Yale

If the policy is to look at race and give/take points, that's racism in the most literal way possible.

If the policy is to look at SES, it's not racist, even though there's a correlation.

At some point correlations become strong enough that it's difficult to disentangle concepts, but I don't think this is an example of that. In particular: would giving points based on SES have screwed Asians in the way that trying to balance races did? Probably not. It's a better formulation of the problem.

Re:Justice Department sues Yale for illegal practices in adm... by vmception on Thursday October 08, 2020 @07:51PM (#24725238)
they're trying to play to the sensibilities of the "good people on both sides" even though it results in an incoherent and diluted argument.
Re:Justice Department sues Yale for illegal practices in adm... by charlesu on Thursday October 08, 2020 @07:54PM (#24725258)
>if it's true that blacks are still being discriminated against, and nobody is allowed to compensate for that by taking action, what else can we need to do to solve the pre-existing discrimination, assuming that it's cultural and difficult?

You won't get many responses to this question. Stated plainly: If we aren't allowed to engage in some form of positive discrimination, we aren't allowed to compensate at all. To some people, that's how it should be. I don't agree, but I understand why they may feel that way. We all just want the best for ourselves and our respective groups, I guess.

Re:Justice Department sues Yale for illegal practices in adm... by nomdep on Thursday October 08, 2020 @08:46PM (#24725571)
That's the point: it is disgusting that you consider strangers part of your "group" just because of the color of their skin.
Re:Justice Department sues Yale for illegal practices in adm... by charlesu on Friday October 09, 2020 @05:07PM (#24734448)
If no one cares about their “group” then helping historically disadvantaged peoples wouldn’t be controversial.
Re:Justice Department sues Yale for illegal practices in adm... by nomdep on Saturday October 10, 2020 @10:20PM (#24743349)
I believe in helping currently disadvantaged people. Individuals.

The "historical" part is only useful so it doesn't happen again.

Re:Justice Department sues Yale for illegal practices in adm... by ThrowawayR2 on Thursday October 08, 2020 @10:47PM (#24726233)
> "...and nobody is allowed to compensate for that by taking action..."

Attempting to compensate one race by taking from another race, one that had nothing to do with the harms inflicted on the first race, is robbing Peter to pay Paul. No amount of rhetoric can hide that.

Compensate all you want, just not at the expense of Asians.

Re:Justice Department sues Yale for illegal practices in adm... by tupputuppu on Friday October 09, 2020 @06:08PM (#24734917)
It's rough seeing this downvoted. Asians are one of the historically more discriminated and disadvantaged populations in the US. Just as the general culture and atmosphere has be come more tolerant and they're advancing socially, some how they're immediately grouped with rich and privileged people and barred from the universities where they should be long based on their merits.