Thursday, November 10, 2005

Discrimination at this law school?

The bricklayer is back with another provocative post about discrimination here.

As I understand it, he equates the military's discrimination against gays with affirmative action and a law firm's "discrimination" against white people in its offering of a scholarship.

Oh brother. Discriminating against gays. "Discriminating" against white people. One and the same? Even putting aside your views on affirmative action, it is difficult to make this argument. ("Discrete & insular" anyone? Con Law? Hello?)

I'm keeping politics out of this blog as much as possible so I'm not going to write what I think about this argument here. Suffice it to say, if Bricklayer really lumps gays and white people as distinct groups who suffer (or don't suffer) biases because they are gay and white, respectively, well, I think bricklayer and I could have some lively political debates some day. Just not on my blog.

Maybe I misundersand the point of the brickster's post. Maybe he's just pissed at the career placement center because he doesn't have a job yet. (Actually I don't know if he has one or not. I'm just speculating...)


At 4:40 PM, Blogger Bricklayer said...

Thank you for noticing my blog.

You raise some very valid points. If you like the topic of Employment Discrimination, all the UM professors do an excellent job of teaching the subject. Even if we were to have such a debate, I would mostly be regurgitating what I learned there. My views of affirmative action and the morality of such an employement practice are my own, but my legal analysis of the employment practice is through the lens of that class. You should know that whites and males are protected by Title VII under the same standards as are women and minorities. McDonald v. Santa Fe Trail Transp. Co. (S.Ct. 1976). An employer that falls within the purview of Title VII may institute and affirmative action plan, United Steelworkers of America v. Weber (S.Ct. 1979) but there are limits to what and when you can deny majority applicants opportunities Hill v. Ross (7th Cir. 1999).

I do not deny that minorities suffer more than whites but ironicaly note that a gay jewish white woman would be just as inelegible for the scholarship/job as she would be for the military. The military does not discriminate by race. In compliance with your wishes I will comment no further but instead leave the matter to you for further study.

I do have several job opportunities lined up.

At 9:38 PM, Blogger Tortious Inference said...

Yo, B.L. The dude churning out this blog noticed your blog a long time ago. We were even chastized (rightly so) for not bloggin more often.
OMFG- morality and AA. I've got my views on that shit too but it aint my blog neither.
Not sure if I've eva met a GJWW. Novel. Love to know what her parents are thinking.
As far as the scholarship goes, I think that they should go back to doing it how it's always been done by everyone else.


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