This weekly roundup thread is intended for all culture war posts. 'Culture war' is vaguely defined, but it basically means controversial issues that fall along set tribal lines. Arguments over culture war issues generate a lot of heat and little light, and few deeply entrenched people ever change their minds. This thread is for voicing opinions and analyzing the state of the discussion while trying to optimize for light over heat.
Optimistically, we think that engaging with people you disagree with is worth your time, and so is being nice! Pessimistically, there are many dynamics that can lead discussions on Culture War topics to become unproductive. There's a human tendency to divide along tribal lines, praising your ingroup and vilifying your outgroup - and if you think you find it easy to criticize your ingroup, then it may be that your outgroup is not who you think it is. Extremists with opposing positions can feed off each other, highlighting each other's worst points to justify their own angry rhetoric, which becomes in turn a new example of bad behavior for the other side to highlight.
We would like to avoid these negative dynamics. Accordingly, we ask that you do not use this thread for waging the Culture War. Examples of waging the Culture War:
-
Shaming.
-
Attempting to 'build consensus' or enforce ideological conformity.
-
Making sweeping generalizations to vilify a group you dislike.
-
Recruiting for a cause.
-
Posting links that could be summarized as 'Boo outgroup!' Basically, if your content is 'Can you believe what Those People did this week?' then you should either refrain from posting, or do some very patient work to contextualize and/or steel-man the relevant viewpoint.
In general, you should argue to understand, not to win. This thread is not territory to be claimed by one group or another; indeed, the aim is to have many different viewpoints represented here. Thus, we also ask that you follow some guidelines:
-
Speak plainly. Avoid sarcasm and mockery. When disagreeing with someone, state your objections explicitly.
-
Be as precise and charitable as you can. Don't paraphrase unflatteringly.
-
Don't imply that someone said something they did not say, even if you think it follows from what they said.
-
Write like everyone is reading and you want them to be included in the discussion.
On an ad hoc basis, the mods will try to compile a list of the best posts/comments from the previous week, posted in Quality Contribution threads and archived at /r/TheThread. You may nominate a comment for this list by clicking on 'report' at the bottom of the post and typing 'Actually a quality contribution' as the report reason.
Jump in the discussion.
No email address required.
Notes -
Affirmative Action or Transparency, Pick One.
In the hierarchy of court systems, lower-level courts (typically referred to as trial courts or district courts) handle the dirty work of sifting through an ass-load of witness testimonies, pretrial hearings, exhibit litigation, etc. across what can amount to months or even decades of lawfights. For context, one of my felony criminal trials took about 4 days of testimony and generated about 1000 pages in transcripts. A civil trial with well-heeled and sophisticated litigants is going to kill way more trees.
Normally, appellate courts (such as SCOTUS) don't want to concern themselves with the nitty gritty detail of what exactly was said at every hearing of every trial. Generally speaking, appellate courts will only deal with questions of law rather than of facts, so if they're going to get anything at all, appellate courts want a tidy streamlined package of only the bare minimum information they'd need to answer the limited questions in front of them.
Public trials are one of the bedrocks of the American legal system. Even if you're not directly involved, the presumption for any legal case is one of transparency and the exceptions are limited. During a trial, jurors are expected to come to a decision based solely on what was admitted into evidence in front of them, and so whenever the parties have to discuss whether the jurors are allowed to see anything, this naturally has to be done outside of the presence of the jury (known as a "sidebar"). Keeping the jury out of the loop is routine, but lasts only until their job is done, and sidebar conversations are absolutely still part of the open record.
The only other shroud used by the court system is sealing. The most common applications, such as redacting bank account information or social security numbers, are banal and trivial to justify. At least on paper, if a court is going to seal anything, it must make a determination that there is an "overriding interest" requiring secrecy that trumps the presumption of openness. But in practice, parties routinely ask the court to seal either dockets, and sometimes even ask to seal the motions to seal (Eugene Volokh has done heroic work on this front, watching dockets across the country like a hawk and regularly filing successful motions to unseal).
The big affirmative action case before SCOTUS at the moment involves a lawsuit against Harvard for anti-Asian discrimination. SCOTUS made the unusual step of requesting everything from the trial court. The only reason this would happen is if SCOTUS has a reason to think they're not seeing the full picture, and at least in this case it seems like the trial judge has indeed been trying to hide some skeletons. Jeannie Suk, a Harvard law professor, has been watching this case with interest and noticed that the transcripts for the multiple sidebars were automatically sealed by the judge. Suk wrote about her efforts to pry open this sealed vault and what she found hidden inside.
Like Suk, I can't think of any possible justification to keep something like this hidden under seal. In a case about racial discrimination against Asians, it seems patently absurd to claim how Harvard officials and federal regulators pally around and openly mock Asians is somehow not relevant to the issue. It seems plain to me that the judge chose to hide it because it's embarrassing and inconvenient to Harvard. Anti-Asian bias also came up from education officials in the Thomas Jefferson High School case, where text messages plainly revealed their intent was to reduce the number of Asian students enrolled.
I'm very much against Affirmative Action policies. Although I'm not opposed in principle to remedial measures designed to narrowly target affected groups (although the amounts were pitiful, see Japanese internment compensation), painting entire groups with such a broad brush doesn't work when we have such an incoherent taxonomy of race. Beyond that, although Affirmative Action is often cited as evidence of a "woke pro-minority" institutional bias it seems just as plausible to conclude that privileged white people are hiding behind the "black and hispanic" veil as a way to disguise their motivation to avoid having to compete against Asians for the top spots (I'm open to evidence showing one way or another).
Harvard plainly wants to be able to discriminate on the basis of race. They may offer lofty justifications about why their particular kind of racial discrimination is justified or warranted or morally right, but no one is obligated to accept their statements at face-value. The fact that Harvard (with the help of a federal judge) is working so hard to avoid transparency only makes suspicion that much more warranted as a response to their actions.
Goes to show just how superior Asians are compared to whites, with 1/9 of the population and an affirmative action regime that hurts them even more than it hurts whites they still manage to get 30% more seats than whites at Stanford.
If a white person complains about this, they're almost immediately called a racist. Most just keep their mouth shut...
Do you think there's good research on this?
More options
Context Copy link
More options
Context Copy link
More options
Context Copy link