Month: October 2018

Yeah, Harvard is Hiding Something

It now appears that Harvard University has been lying about its admissions policies for decades, and colluding with the US Department of Education to do so.

I would note that the author of this article, Josh Gerstein, is a bit of a hack IMHO, (he does work for Tiger Beat on the Potomac, after all) but the underlying facts of the lies and the coverup appear to be meticulously documented.

What he documents is a pretty good case for wypepo affirmative action at the expense of east and south Asian students:

The long war over affirmative action turned hot again last week, as Harvard and lawyers for Asian-American applicants duked it out in a federal courtroom in Boston in a closely watched case that could end consideration of race in college admissions.

I’m a veteran of that war. Nearly three decades ago, as a student, I was at the vanguard of a movement that took no side in the then-intense debate over affirmative action but advocated for something more radical than it might first appear: breaking down the secrecy over how elite colleges choose whom to admit to their ranks.

My role in that crusade also led to a federal courtroom, albeit in the kind-of-grimy, dual-purpose post office building that housed Boston’s federal court through the 1990s, not the far glitzier complex that now sits on the waterfront.

The first, brief court showdown over Harvard’s admissions policies came on October 5, 1990. The hearing, before U.S. District Court Judge Douglas Woodlock, a Reagan appointee, came on a Friday afternoon as the federal government was about to head into a shutdown over a budget standoff.

The day before, the Education Department had officially completed a two-year-long investigation into Harvard’s admissions practices—essentially the same issue now the focus of the federal trial: whether the elite school’s process discriminates against Asian-Americans.

As a reporter for the student newspaper, the Harvard Crimson, I had twice filed Freedom of Information Act requests seeking details on the Education Department probe as it became more and more drawn out. Both times they were turned down by agency officials, citing the need to protect the ongoing investigation, although the second time a lawyer working on the case promised to “tack [the request] up on the wall” and process it when the probe concluded.

Unbeknownst to us or the public, as the investigation unfolded, the feds cut a deal with Harvard to keep its records secret. The university was reluctant to hand over a data tape that would allow investigators to easily derive and correlate almost any variables involving Harvard applicants—say, the SAT scores of admitted recruited athletes or the class rank of rejected Latinos. Harvard officials cited both privacy concerns and a worry that Education Department investigators might misunderstand the information.

The secret deal gave the Education Department access to the tape and other sensitive internal Harvard information on two conditions: that the feds fight any FOIA request for the records and that they return them to Harvard at the conclusion of the investigation. (How federal employees have any right to pledge to “resist” a law duly passed by Congress is still something I find puzzling.)

………

The records—now tattered and yellowing from several moves and basement floods and published online here for the first time—belie some of Harvard’s key claims about its admissions process.

The university had long claimed that preferences for recruited athletes and legacies served only as a tiebreaker between applicants with “substantially equal” qualifications. Officials had also claimed that applicants who are children of alumni tend, unsurprisingly, to have better test scores and other numerical ratings than others in the pool.

It should be noted that the Ivys have, with the explicit permission of the Departments of Education and Justice, have also been colluding on financial aid awards for decades as well.

It is a corrupt edifice, and it should be shut down.

Of Course, It’s Georgia

Phew. The 11th Circuit appeals court has just overturned a lower court ruling and said that Georgia’s laws, including annotations, are not covered by copyright, and it is not infringing to post them online. This is big, and a huge win for online information activist Carl Malamud whose Public.Resource.org was the unfortunate defendant in a fight to make sure people actually understood the laws that ruled them. The details here matter, so let’s dig in:

For the past few years, we’ve been covering the fairly insane situation down in Georgia, where they insist that the state’s annotated laws are covered by copyright. This is not quite the same thing as saying the laws themselves are covered by copyright. Everyone here seems to recognize that Georgia’s laws are not covered by copyright. But here’s where the problem comes in. The state of Georgia contracts out with a private company, LexisNexis, to “annotate” the law basically giving more context, and discussing the case law interpretations of the official code. The deal with the state is that LexisNexis then transfers whatever copyright it gets from the creation of the annotations back to the state. Finally, the only “official” version of Georgia’s state laws is in the “annotated” version. If you want to look up the official law of Georgia you are sent to the “Official Code of Georgia Annotated” (OCGA), and it’s hosted by LexisNexis, and it has all sorts of restrictive terms of service on top of it. Indeed, every new law in Georgia literally says that it will amend “the Official Code of Georgia Annotated,” which certainly suggests that the OCGA — all of it — is the law in Georgia. And the state insisted that part of the law was covered by copyright.

Malamud found this obviously troubling, believing that the law must be freely accessible to anyone in order to be valid. The state of Georgia threatened him and then sued him claiming that reposting the OCGA in a more accessible fashion was copyright infringement. The district court not only found that the annotations (even if part of the official law) could be covered by copyright but further that it was not fair use for Malamud to post them online. This was a horrifying decision.

And, it’s also no longer a valid one.

The appeals court has put together a thorough ruling rebuking the lower court’s analysis, and noting that the OCGA is not subject to copyright at all. The court admits the annotations by a private company make this more complicated than the general question of whether or not laws are covered by copyright, but notes that since this is so closely tied to the law, and directed by state officials, it seems clear that the annotations cannot be covered by copyright:

We really need to reign in the IP zealots.

They have devolved into parasites.

Seriously?

Here’s @CNN’s footage of a Saudi operative wearing Jamal Khashoggi’s clothes. This is important because it helps explain why, on Oct.3, the Saudi government confidently claimed Jamal left the consulate shortly after he entered it. https://t.co/UyeXvDDtP2

— Margherita Stancati (@margheritamvs) October 22, 2018

This is not, as the spies say the pinnacle of trade-craft here.

15 minutes after they murder him and dismember him, they have already stripped off his clothes and and have a half-assed look alike wandering around Istanbul in an attempt to show that he’s really alive.

I really do not know how the House of Saud can manage to eat a pretzel without choking to death.

Lies. Damned Lies, and McKinsey & Co.

It seems not that the Crown Prince has ordered a rich journalist murdered and dismembered, McKinsey & Co is “Horrified” that their work for the House of Saud might have been used in abusive ways.

We know what the House of Saud is, and we know what they do: They are incompetent and corrupt royals who make the Hapsburgs look like Little Orphan Annie.

Your hand wringing after the fact will disabuse no one of your complicity in their regime:

McKinsey & Co. said it’s “horrified” that a report it prepared to measure public perception of Saudi Arabia’s policies may have been used by the kingdom to silence dissidents.

The consulting firm responded on Twitter to a New York Times article that detailed a report in which it identified several people driving conversations on Twitter. Those people were later arrested or had their social-media accounts shut down.

In a nine-page report, the consulting firm said responses to the country’s economic policies received twice as much coverage on Twitter than in the country’s traditional news media, and that negative sentiment was more common than positive statements on social media. The document was a brief overview of social-media usage and meant for internal use, McKinsey said.

The New York-based firm said it wasn’t working in tandem with the Saudi government, and that when it does work with governments, the company “has not and never would engage in any work that seeks to target individuals based on their views,” according to a statement released on Saturday night. “We are horrified by the possibility, however remote, that it could have been misused in any way,” the statement said. “At this point, we have seen no evidence to suggest that it was misused, but we are urgently investigating how and with whom the document was shared.”

Yeah, and Dick Cheney is looking for weapons of mass destruction in Iraq.

Please, don’t treat us as idiots.

Not Enough Bullets

Jack Dorsey, co-founder of Twitter and Square, is whining about the, “unfairness” of San Francisco’s homeless tax:

Twitter CEO Jack Dorsey on Friday sounded off against a San Francisco measure to increase corporate taxes that would give the city more funding to tackle its homeless crisis.

Dorsey said he was opposed to San Francisco’s Proposition C because he believes one of companies he leads as CEO, Square, will be taxed at unfair rates compared to other major companies such as Salesforce.

The Twitter head wrote in a series of tweets that with the proposition’s passage, Square could potentially face more than $20 million in taxes in 2019 compared to Salesforce.

Seriously, just how much money do you need, Jack?

How many yachts do you need to water-ski behind.

What a repulsive excuse for a human being.

While We Are on the Subject of Trump Outrages………

It appears that John “The Walrus God of War” Bolton has convinced Trump to back out of the Intermediate-Range Nuclear Forces (INF) Treaty


The Trump administration is preparing to tell Russian leaders next week that it is planning to exit the landmark Intermediate-Range Nuclear Forces Treaty, in part to enable the United States to counter a Chinese arms buildup in the Pacific, according to American officials and foreign diplomats.

President Trump has been moving toward scrapping the three-decade-old treaty, which grew out of President Ronald Reagan’s historic meeting with Mikhail Gorbachev in 1986. While the treaty was seen as effective for years, Russia has been violating it at least since 2014 in an effort to menace other nations.

That the Russians are violating the INF is stated as an absolute fact, but this is a matter of some dispute. (I’m inclined to believe that the Russians are in violation, but it’s not enough to abrogate the treaty ……… yet)

But the pact has also constrained the United States from deploying new weapons to respond to China’s efforts to cement a dominant position in the Western Pacific and to keep American naval forces at bay. Because China was not a signatory to the treaty, it has faced no limits on developing intermediate-range nuclear missiles, which can travel thousands of miles.

The White House said that no official decision had been made to leave the treaty, known as I.N.F., which at the time of its signing was considered a critical step in defusing Cold War tensions. But in the coming weeks, Mr. Trump is expected to sign off on the decision, which would mark the first time he has scrapped an arms control treaty, the American officials said.

This is a huge tactical miscalculation.

In the mid 80s, when GLCMs and Pershing IIs were deployed to Europe, it was a very heavy lift, with massive protests and unrest.

These days, it would be impossible to deploy these systems to Europe, even to the UK.

It would be electoral poison.

This is a very stupid move.

Welcome to the Republic of Gilead

In the latest outrage from the Trump administration, they are looking to side with the Talibaptists by declaring transgendered people as unpeople:

The Trump administration is considering narrowly defining gender as a biological, immutable condition determined by genitalia at birth, the most drastic move yet in a governmentwide effort to roll back recognition and protections of transgender people under federal civil rights law.

A series of decisions by the Obama administration loosened the legal concept of gender in federal programs, including in education and health care, recognizing gender largely as an individual’s choice and not determined by the sex assigned at birth. The policy prompted fights over bathrooms, dormitories, single-sex programs and other arenas where gender was once seen as a simple concept. Conservatives, especially evangelical Christians, were incensed.

Now the Department of Health and Human Services is spearheading an effort to establish a legal definition of sex under Title IX, the federal civil rights law that bans gender discrimination in education programs that receive government financial assistance, according to a memo obtained by The New York Times.

The department argued in its memo that key government agencies needed to adopt an explicit and uniform definition of gender as determined “on a biological basis that is clear, grounded in science, objective and administrable.” The agency’s proposed definition would define sex as either male or female, unchangeable, and determined by the genitals that a person is born with, according to a draft reviewed by The Times. Any dispute about one’s sex would have to be clarified using genetic testing.

“Sex means a person’s status as male or female based on immutable biological traits identifiable by or before birth,” the department proposed in the memo, which was drafted and has been circulating since last spring. “The sex listed on a person’s birth certificate, as originally issued, shall constitute definitive proof of a person’s sex unless rebutted by reliable genetic evidence.”

The radical right just needs to hate, and Trump will do whatever he he can to pander to them.

These folks are really a clear and present danger to any modern society.

Important Nomenclature Announcement

For future discussions of Russian troll farms and the like, I will use the phrase, “Russian democracy promotion efforts.”

This is NOT because I approve of these efforts, but rather to show my opprobrium US “Democracy promotion” activities.

I approve of neither the Russians encouraging the “alt-right”, nor of US support for neo-Nazi skinheads in the Ukraine or of Jihadis in Syria.

A Fist Fight, and then Dismemberment? Seriously?

I am referring, of course, to the (now confirmed) death of Jamal Khashoggi.

Gee, a fistfight with Khashoggi single-handedly taking on a 15 person hit squad, which included a pathologists who brought a bone saw, “Just in case.”

Sound fishy to you?  It does to me too, but Donald Trump is just fine with this story:

After two weeks of shifting stories, Saudi Arabia said Saturday that its agents strangled Jamal Khashoggi, a dissident journalist, after a fistfight inside the Saudi Consulate in Istanbul and that 18 men had been arrested in the case.

Those arrested included 15 men who were sent to confront Mr. Khashoggi, plus one driver and two consular staff, a Saudi official said.

State media reported that Saud al-Qahtani, a close aide to the crown prince, had been dismissed, along with Maj. Gen. Ahmed al-Assiri, the deputy director of Saudi intelligence, and other high-ranking intelligence officials. The Saudi official said General Asiri had organized the operation and that Mr. Qahtani had known about it and contributed to the aggressive environment that allowed it to escalate into violence.

President Trump on Friday night said that Saudi Arabia’s acknowledgment of the death and its announcement of arrests were “good first steps” but said he would consider “some form of sanction” in retaliation.

Here is their narrative:

But the order to return Mr. Khashoggi to the kingdom was misinterpreted as it made its way down the chain of command, the official said, and a confrontation ensued as soon as Mr. Khashoggi saw the men. He tried to flee, the men stopped him, punches were thrown, Mr. Khashoggi screamed and one of the men put him in a chokehold, strangling him to death, the official said.

“The interaction in the room didn’t last very long at all,” the official said.

The team then gave the body to a local collaborator to dispose of, meaning that they do not know where it ended up, and returned to the kingdom, the official said.

Note some facts:

  • Killing someone in a choke hold typically takes about 5 minutes.
  • They smuggled the body out of the consulate in pieces.
  • “The Turks had said the body had been disassembled with a bone saw by an autopsy specialist flown in specifically for that purpose and probably carried out of the consulate in large suitcases.”

The brazenness of this lie would have Samuel L. Jackson going full Jules Winnfield.

Teaching an Old Plane New Tricks


Two versions of the MiG-31, one carrying the Kinzhal missile, top, and the other carrying what might be an updated version of the Kontact for anti-satellite use. Credit: Piotr Butowski

Specifically, the MiG 31 Foxhound, which looks to be leveraging its high speed and high altitude performance to perform as a satellite launcher and ASAT platform:

The Mikoyan MiG-31 interceptor has found a second life—in fact, more than one. Not only has the aircraft known to NATO as the Foxhound been extensively upgraded, but it has also taken on new tasks: as an air-launcher for the Kinzhal ground-strike system and as an aerospace missile system to deliver small satellites to orbit or fight enemy satellites.

In September, at the Russian aviation industry’s test center in Zhukovsky near Moscow, an experimental MiG-31, No. 81, performed its first flight with an extremely large unknown missile suspended on the centerline pylon. The first high-speed taxiing of this coupling was done several months earlier.

The current program is supposed to be a follow-on of the 30P6 Kontakt (Contact) satellite intercept program of 1984-95, under which the MiG-31D aircraft using the Fakel 79M6 missile was made, and the improved MiG-31DM with the Fakel 95M6 missile was being designed.

………

The advantage of an airborne anti-satellite system over a ground-based one is longer range: The MiG-31 can deliver a missile over a distance of up to 1,000 km (621 mi.) before launch. The characteristics of the current system remain unknown. But they are probably similar to those of the previous Kontakt system, which was intended to destroy nonmaneuvering or maneuvering satellites in low orbits.

The 79M6 missile, weighing 4,550 kg (10,000 lb.), was launched by a MiG-31D flying at a speed of Mach 2.55 and altitude of 22 km. Its target was at an altitude of 120-600 km, depending on the distance. The missile flight time was 100-380 sec. The satellite was to be destroyed by a direct hit or detonation of a small, 20-kg explosive charge. The target was designated for the MiG-31 by the ground-based 45Zh6 Krona (Crown) system, consisting of a large decameter and centimeter-wavelength electronic-scanning radar and optical-laser locator and rangefinder. The Krona system was overhauled and upgraded in 2009-10.

………

The Russians have offered several systems for launching commercial satellites using the MiG-31 platform, but none of the designs has materialized. In 2001, Russia Aircraft Corp. (RSK) MiG MiG unveiled the MiG-31S project, a platform for two vehicles developed by the Astra Research Centre at the Moscow Aviation Institute (MAI): the Micron rocket and Aerospace Rally System (ARS) rocket plane. The Micron was to be able to launch a 200-kg satellite to an altitude of 100 km, or 50 kg to 300 km. The ARS was to be a three-seat vehicle for suborbital flights (to an altitude of 130 km), intended for astronaut training in weightlessness conditions (up to 3 min.), research of the upper layers of the atmosphere and tourist and advertising flights.

This is contrasted with the US aviation forces, where the closest they come to reusing old airframes is converting them to target drones.

South Carolina: Slavery, Sedition, and Now State Sanctioned Anti-Semitism

The Trump administration is considering whether to grant a South Carolina request that would effectively allow faith-based foster care agencies in the state the ability to deny Jewish parents from fostering children in its network. The argument, from the state and from the agency, is that the federal Religious Freedom Restoration Act should not force a Protestant group to work with Jewish people if it violates a tenet of their faith.

The case being made by South Carolina is an extension of the debate around RFRA, which is more commonly associated with discrimination against LGBTQ people, but by no means applies exclusively to that group.

If granted, the exemption would allow Miracle Hill Ministries, a Protestant social service agency working in the state’s northwest region, to continue receiving federal dollars while “recruiting Christian foster families,” which it has been doing since 1988, according to its website. That discrimination would apply not just to Jewish parents, but also to parents who are Muslim, Catholic, Unitarian, atheist, agnostic or other some other non-Protestant Christian denomination.

I’ve really had enough with how the local, state, and federal government coddle these Talibaptist whack-a-doodles.

Linkage

I got handed an Ayn Rand sandwich straight from a can it tasted so bland I asked a lass to pass me a glass of Engel’s Conditions of the Working Class:

Heritage Foundation Cult Indoctrination Camp

The closed-door “training academy” was aimed at a select group: recent law school graduates who had secured prestigious clerkships with federal judges. It was organized by the Heritage Foundation, a conservative group that has played a leading role in moving the courts to the right, and it had some unusual requirements.

“Generous donors,” the application materials said, were making “a significant financial investment in each and every attendee.” In exchange, the future law clerks would be required to promise to keep the program’s teaching materials secret and pledge not to use what they learned “for any purpose contrary to the mission or interest of the Heritage Foundation.”

………

“Law clerks are not supposed to be part of a cohort of secretly financed and trained partisans of an organization that describes itself on its own web page as ‘the bastion of the American conservative movement,’” said Pamela S. Karlan, a law professor at Stanford. “The idea that clerks will be trained to elevate the Heritage Foundation’s views, or the views of judges handpicked by the foundation, perverts the very idea of a clerkship.”

On Thursday afternoon, a few hours after The New York Times published an online article about the training, Heritage announced that it was suspending the program.

………

According to the application materials, Heritage’s unnamed donors were to pay for travel expenses to Washington, hotel rooms and meals during the three-day program. The curriculum would cover, the materials said, “originalism, textualism, habeas corpus, the Bill of Rights and other substantive legal and practical subject matter.” Originalism and textualism are modes of interpreting the Constitution and statutes that are generally but not exclusively associated with conservatives.

The application called for several short essays. One prompt said, “Please describe your understanding of originalism.” Another said, “Please identify the United States Supreme Court justice (past or present) whose jurisprudential philosophy and approach to judging you agree with most, and explain why.”

This is as disturbing as it is completely expected.

Deep Thought

I hypothesize that aliens not contacted us because they have intercepted the broadcast of our televangelists, and they are trying to figure out whether or not we are an elaborate hoax.

Seriously, if your only exposure to the planet earth is our television, particularly Sunday morning programming, whether it be Pat Robertson or Chuck Todd, you would have to conclude that this is all some intricate prank, and a rather cruel one at that.

Time to Break Up Facebook, Part MMMMCLXIV

Facebook and Google’s hegemony in the online ad world has reached its inevitable result, it has been revealed that Facebook has been aggressively defrauding advertisers over the effectiveness of its video ads.

If I had a chance to say anything to Mark Zuckerberg about this, it would be, “Don’t be too proud of this technological terror you’ve constructed.

According to a newly public filing in an ongoing lawsuit, a group of advertisers now says that Facebook has been willfully withholding information about how much time its users spend watching paid ads—if more people spend more time watching ads, then those ads can command higher rates.

The case of LLE One LLC et al. v. Facebook, as first reported by The Wall Street Journal, was filed two years ago and is currently pending in federal court in Oakland, California. In it, the plaintiffs say that, as part of the discovery from their lawsuit, they have learned that Facebook’s “action rises to the level of fraud and may warrant punitive damages.”

As the plaintiffs’ attorneys continued:

In addition to Facebook knowing about the problem far longer than previously acknowledged, Facebook’s records also show that the impact of its miscalculation was much more severe than reported. The average viewership metrics were not inflated by only 60-80 percent; they were inflated by some 150-900 percent.

There are no good metrics because there are no independent metrics, and there won’t be, because Facebook so dominates the space that they can, and do, refuse to provide their underlying numbers to independent verification.

The market no longer serves as a corrective, and the alternatives are either aggressive and pervasive regulation, or broken up to its component parts, or (my choice) both.

The Term Here is “Corrupt”

In July, I commented on a how a real Democrat won the primary for Montgomery County executive, and the party establishment there saw this as a threat to their bribes support from real estate developers, so they stood up a Democrat who changed her party registration for an independent bid to sabotage his run.

Well, now Nancy Floreen is trying to claim that she was really a Democrat the whole time.

She was never a Democrat. She was a tool of the developers who found pretending to be a Democrat was useful.

It’s time for the Democratic Party of Montgomery County to tell her to pound sand, and say, “No backsies.”

Montgomery County executive candidate Nancy Floreen says she will return to the Democratic fold after the Nov. 6 election — regardless of whether her independent bid for the liberal county’s top post is successful.

Floreen, a 16-year county council member and two-time delegate to the Democratic National Convention, left the party in July to make a surprise run for county executive, gathering enough petition signatures to appear on the November ballot.

The move was prompted by her opposition to the Democratic nominee, 12-year council member Marc Elrich. It left some Democrats feeling betrayed.

At a candidate debate Wednesday morning hosted by the Greater Bethesda U.S. Chamber of Commerce and moderated by Bethesda Magazine editor and publisher Steve Hull, Floreen said she would re-register as a Democrat if she’s elected.

Floreen later said she plans to return to the party regardless of the outcome of the election, “because I am a Democrat at heart.”

“I only changed parties in order to run the petition drive,” she said. “I’ve been very upfront about that.”

You are a contemptible piece of excrement, you’ve been very upfront about that.

BTW, whenever you hear a corporate Democrat call for unity, know that it’s only a one way street.