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PaperclipPerfector  1yr ago (text post)   35216 thread views

Culture War Roundup for the week of June 26, 2023

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A University needs to get the message to dozens of employees in the applications office but somehow not have any emails/text messages that could come up in discovery.

The case has to GET to discovery. Which means the complainant must demonstrate a reasonable likelyhood to succeed on the merits, which means among other things that they have to show that but for the alleged discrimination they would have been admitted. And they have to do that before discovery. When the complainant is of the wrong color (white or yellow), the courts will interpret these requirements VERY strictly and the cases won't go anywhere.

The case has to GET to discovery. Which means the complainant must demonstrate a reasonable likelyhood to succeed on the merits

No, to get to discovery the plaintiff just has to allege sufficient specific facts to constitute a violation of law assuming they're proven to be true. You might be mixing the standard up with the one for a preliminary injunction, which requires (1) a showing of irreparable harm should the status quo not be maintained, and (2) a showing that the requesting party is likely to succeed on the merits.

If I were the university, I'd be most worried about whistleblower complaints leading to embarrassing discovery reveals. That new admissions hire with sterling SJ credentials, who talks the lingo fluently? How sure are you that she/they aren't a plant from some right-wing org looking for a big payday? What about the handful of white men still working in those roles, can they be trusted? Progressive ideology plus institutional inertia will definitely incline schools towards noncompliance with the new regime, but Ivies sitting on multibillion endowments are a big fat target, and a single lawsuit can change the tune of the board of trustees in a hurry, even if their school wasn't in the crosshairs this time.

Admissions staff are largely former students who are too lazy to enter the real world but also aren’t good enough to become faculty / do a PhD. They are perfectly selected to conform to the admissions bis of their predecessors.

There will continue to be bias, but I think the difference now is that there is actual clarity in the law and monetary consequences for the losers. Any kind of wink-nod policies are going to have to survive potential whistleblowers and legal discovery.

When the complainant is of the wrong color (white or yellow), the courts will interpret these requirements VERY strictly and the cases won't go anywhere.

I don't think this is the case after today. Any lawsuit like this would get national attention and won't get quietly swept under the table. I know progressive judges can go off the rails sometimes, but it's still considered a mark against you if your rulings get overturned by a higher court.

it's still considered a mark against you if your rulings get overturned by a higher court.

Only if the higher court is good people. If it's bad people, like Trump appointees, you're a member in good standing of #Resistance.

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