EXECUTIVE POSITIONS

The problems with Justice Anthony Kennedy's opinion in the Fisher II case (essay)

In U.S. Supreme Court Justice Anthony M. Kennedy’s 4 to 3 majority opinion in Fisher v. University of Texas, in which he upheld racial preferences in college admissions, he recalls that the court has said that enrolling a diverse student body “promotes cross-racial understanding, helps to break down racial stereotypes and enables students to better understand persons of different races.” Equally important, according to the court’s previous decisions, “student body diversity promotes learning outcomes and better prepares students for an increasingly diverse workforce and society.”

Unfortunately, Justice Kennedy’s decision significantly undermines the very goals the court hopes to achieve. Also unfortunate is that his memory is conveniently selective: he seems to have forgotten much of what he himself wrote in 2013’s Fisher I decision.

That’s a shame, because the country seemed ready to finally put an end to government discrimination on the basis of race and to have it start judging all people on the content of their character rather than the color of their skin, as Martin Luther King Jr. admonished. The court has long suggested racial preferences in admissions were temporary, and in Fisher I, Justice Kennedy set the stage to finally end them. In that opinion, he wrote: “Judicial review must begin from the position that ‘any official action that treats a person differently on account of his race or ethnic origin is inherently suspect.’”

Justice Kennedy also wrote, “Courts must apply strict scrutiny to racial preferences, which must be narrowly tailored and used only if the same goals can't be met with race-neutral means.” In Fisher I, Justice Kennedy explicitly rejected the court of appeals approach of giving deference to the University of Texas and remanded the case, instructing the court of appeals to properly apply strict scrutiny -- which, according to Justice Kennedy at that time, meant that it was to be applied without deference to UT’s claims and unsupported conclusions. That is, UT had the burden to prove that race-conscious admissions were the least restrictive means possible for achieving its diversity goals. Moreover, Justice Kennedy had previously written, in a different case: “Classifying and assigning students” according to race “requires more than … an amorphous end to justify it.”

As Justice Samuel A. Alito noted in his dissent in Fisher II, something strange has happened since Fisher I. Something strange indeed. Under Justice Kennedy’s mercurial race jurisprudence, he has decided in Fisher II that UT is entitled to considerable deference with respect to intangibles like diversity. UT did not prove that race-conscious admissions are the only way that it could achieve diversity, and it also did not clearly articulate the goals that its admissions process is designed to achieve. Nevertheless, Justice Kennedy decided that UT’s use of racial preferences in admissions is constitutional.

I am afraid that this decision will continue the pernicious questioning that hangs over legally favored minority students (nonfavored minority students, such as Asian students, get no preference): Were they admitted to a prestigious university because of their ability or because of their skin color?

Also, similar questions will continue to be asked by every nonfavored minority student and majority student who is not accepted: Were they rejected because of their ability or because of their skin color? Today, given the politically correct atmosphere, especially on campuses, these questions are often unspoken. Nevertheless, people are not only asking them but, in many cases, answering them for themselves in the affirmative -- thereby perhaps diminishing someone’s achievements without reason. The fact that these judgments are unspoken makes them no less devastating to the very goals the court hopes diversity will achieve. As a result of Justice Kennedy’s opinion, these questions continue to be legitimate and relevant, even though they should not be.

In the Fisher cases, Abigail Fisher contends that UT rejected her because she is white. The university uses a holistic approach to admissions in which race is one of the considered factors.

In Fisher I, the court ruled 7 to 1 that race-conscious admissions are subject to strict scrutiny and sent the case back to the court of appeals for the proper application of that standard. As noted, the court demanded that UT prove that its race-conscious admissions process is the least restrictive means available to achieve diversity. But UT has had great success in increasing diversity with a race-neutral top 10 percent program, which automatically admits students in the top 10 percent of their high school class. Because of that, it seemed unlikely that a race-conscious plan would be held to be constitutional.

However, after rehearing the case, the court of appeals upheld UT’s race-conscious admissions standards, finding that UT had a legitimate interest in not only interracial diversity but also in intraracial diversity. Speaking plainly, the university claimed it needed to take race into account in order to admit minority students from affluent families because such students would be more likely to succeed in college and help to dispel stereotyping than those admitted under the percent program (who often come from racially segregated high schools).

In other words, UT assumed that students in the top 10 percent of predominantly black high schools would not have as strong a likelihood of succeeding in college as those from other high schools. This type of race-based discrimination and stereotyping is, of course, exactly what the Equal Protection Clause is meant to prevent.

Nevertheless, Justice Kennedy’s opinion does not address either the percent plan or the new intraracial justification for considering race in admissions that was argued in the court of appeals. Rather, he has now determined that the data on the percent plan was inadequate in 2008, when Abigail Fisher was rejected, to determine its success in achieving diversity.

That means that UT’s admissions policy that is applicable today may or may not be constitutional. The technical constitutional issue is whether the plan passes the strict scrutiny standard of constitutional review. Typically, this standard is strict in theory, but fatal in fact. Specifically, because UT did not produce the data necessary to establish that the percent plan was not adequate, and that a race-conscious plan was necessary to achieve diversity, the race-conscious plan should have failed the strict scrutiny standard. That is why most experts expected the court to find that the Texas plan was unconstitutional. However, Justice Kennedy concluded that the Texas plan, the holistic review where race is a “factor of a factor of a factor,” is in fact narrowly tailored enough, based solely on the newfound deference that he now says is due to UT, to pass strict scrutiny analysis.

The strict scrutiny test has two parts. The first requires that the interest to be served by the challenged practice (in this case, race-conscious admissions standards that give a boost to certain candidates because of their race) involve a compelling state interest. The second requirement is that the means to achieve that compelling state interest (in this case, race-conscious admissions standards) must be the least restrictive means possible.

There’s no question that a diverse student body is a compelling state interest. The issue in Fisher I and II was whether the race-conscious plan was necessary to achieve a diverse student body. If diversity could be achieved with a race-neutral plan (the top 10 percent plan or some other race-neutral approach) then any race-conscious plan would not be necessary to achieve the compelling state interest and therefore would have been unconstitutional. Yet the court simply offered no guidance on this issue.

Justice Kennedy states that UT must regularly evaluate its student body data and the experiences of its students and tailor its admissions approach in light of changing circumstances in order to ensure that race plays no greater role than is necessary to meet its compelling interest in a diverse student body. However, under the new deference standard, this requirement is essentially meaningless. UT basically told the court, as it did in Fisher I, that the court should essentially “trust us,” despite the fact “we cannot prove it or explain how, we nevertheless know when racial preferences are necessary and we will know when they are no longer necessary.” This time, the changeable Justice Kennedy has decided to trust them.

The inherent problem with affirmative action is that it claims that race is a legitimate basis upon which to judge someone, while the Constitution says that it is not. Ultimately, the court will recognize that race can never be used by public institutions in making admissions decisions. But Justice Kennedy’s newfound reluctance to recognize this fact in Fisher II has unnecessarily postponed that day.

George A. Nation III is a professor of law and business at Lehigh University.

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The Fisher case on affirmative action reflects the strength of our democracy (essay)

The U.S. Supreme Court ruling of 4 to 3 in Fisher v. University of Texas at Austin was a close call. For months, supporters of affirmative action in higher education were worried that a majority of the justices would find the University of Texas’ race-conscious affirmative action plan unconstitutional. Opponents were worried about just the opposite. The court upheld affirmative action, as it has done in all the major college affirmative action cases since 1978. So why was it such a closely watched case?

Fisher comes at a moment in history defined by our first black president, as well as by discussions of whether race still matters in public life. It also arrives during a long shift in the debates over how best to address issues of equality of educational opportunity -- whether through the equity-focused policies of the civil rights era or the test- and achievement-focused policies of today.

In her majority opinion in the 2003 Grutter v. Bollinger case, former Supreme Court Justice Sandra Day O’Connor suggested that increasing access to higher education through affirmative action is justified by a commitment to a diverse democracy. But opposing camps in the affirmative action debate may have divergent interpretations about what a “diverse” democracy means. To improve the democratic dialogue about affirmative action, stakeholders in the policy process must understand the moral and political beliefs underpinning the terms of the debate.

Although I am a strong supporter of affirmative action, I believe the measured compromises coming out of major college affirmative action rulings over the past 40 years exemplify the strength of our democracy. The debate over affirmative action is an example of an enduring moral disagreement, one that is characterized by different interpretations and emphases of key democratic ideals and values such as equality, liberty and diversity.

After all, the court had previously decided that narrowly tailored affirmative action plans are acceptable ways for universities to create diversity, and in this case, the court agreed with the university that race is “a factor of a factor of a factor.” And the preponderance of research evidence points toward affirmative action as fostering educational opportunities worth wanting as well as more racially and ethnically diverse educational institutions. But the disagreement about affirmative action has never been related to straightforward questions of evidence or what the law allows. If that were the case, then the 1978 Regents of the University of California v. Bakke decision affirming the constitutionality of using race-conscious affirmative action admissions decisions ought to have put out the fires of controversy.

We in America often overlook an important part of these debates: moral and political disagreements are essential parts of democracy. Ideally they stimulate meaningful dialogue across difference so that those with opposing views can -- at the very least -- understand and respect other reasonable perspectives, or even more productively, move toward what Martin Benjamin calls integrity-preserving compromises over contentious policy issues. That is something that the candidates for president would do well to remember.

In fact, all of us, whatever side we come down on in the affirmative action debate, should remember that disagreements are inevitable in a democracy. The key to a thriving democracy is citizens’ ability to discuss those disagreements, to work to understand the values and beliefs that shape our differences. Democratic dialogue allows us to stand in others’ shoes and see one another’s humanity despite disagreement. Such dialogue is the heart of both education and democracy. Without it, the promise of democratic education and politics will remain unfulfilled.

Michele S. Moses is associate dean for graduate studies and professor of education philosophy and policy at the University of Colorado Boulder School of Education. She has studied affirmative action for 15 years and is the author of the recently published book Living With Moral Disagreement: The Enduring Controversy About Affirmative Action (University of Chicago Press, 2016).

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The Supreme Court made the right decision on Fisher (essay)

The U.S. Supreme Court finally drove a stake through the heart of the discredited claim by Abigail Fisher, a white student, that she was illegally discriminated against in her unsuccessful application in 2008 to the University of Texas at Austin.

Yesterday’s decision in Fisher v. University of Texas at Austin let stand the trial court and Fifth Circuit opinions that had held she was treated fairly in her application. She was not admissible to the university through the top 10 percent plan that accords automatic admission to Texas high school students who graduate near the top of their classes. Nor was she admissible through special admissions full-file reviews. And it should be noted that, although whites constitute less than one-third of all K-12 enrollments in Texas, they make up more than half the students admitted to the university through either of these pathways.

Both the percent plan and the full-file review are nonracial approaches to admissions, and the court’s 2003 ruling in Grutter v. Bollinger held that an educational institution could consider an applicant’s race if it did so through such means. Why would UT be the only institution in the country ineligible to follow Grutter?

Fisher’s claim, which did not challenge the percent plan directly, still tried to have it both ways. Even if I cannot be admitted through a nonracial percent plan program, she was basically saying, and even if I am not qualified to be admitted through the discretionary option, I must have been denied my rightful place by less qualified students of color. This entitlement argument is the dictionary-perfect example of a claim of white privilege.

In yesterday’s ruling, the court held: “Considerable deference is owed to a university in defining those intangible characteristics, like student body diversity, that are central to its identity and educational mission.” At the same time, it called on UT to regularly evaluate data and consider student experience in order to “tailor its approach in light of changing circumstances, ensuring that race plays no greater role than is necessary to meet its compelling interest. The university’s examination of the data it has acquired in the years since petitioner’s application, for these reasons, must proceed with full respect for the constraints imposed by the Equal Protection Clause. The type of data collected, and the manner in which it is considered, will have a significant bearing on how the university must shape its admissions policy to satisfy strict scrutiny in the years to come.”

No admissions policy since 1978’s Regents of the University of California v. Bakke decision has prompted as much study and data analysis as has this series of cases and Fisher’s claim. And as with any comprehensive admissions policy, it will certainly continue to be evaluated.

This case has threatened to become like Dickens’s Jarndyce v. Jarndyce, dragging on for generations, but it is now time to move on. That is what I do when I lose cases, as in today’s disappointing Texas v. U.S. that allows a Brownsville federal judge’s improvident injunction of President Obama’s Deferred Action for Childhood Arrivals and Deferred Action for Parents of Americans and Lawful Permanent Residents programs. I will live to fight another day on this case, and Abigail Fisher and her lawyers should also give it a rest.

This decision restores constitutional order to college admissions, and the court should stop accepting such false claims. The last time a minority applicant of color successfully challenged admissions practices was, ironically, Sweatt v. Painter, more than 65 years ago, when the court examined and struck down the racial exclusion then practiced by the same institution.

Finally, through too many twists and turns, this applicant and her supporters have in essence laid a claim to minority status, even as their numbers belie any disadvantage. Fortunately, the court saw through to the truth of the matter. Affirmative action lives on, for now.

Michael A. Olivas is the Bates Distinguished Chair in Law at the University of Houston Law Center, where he teaches immigration law and higher education law, and interim president of the University of Houston Downtown. He was a consultant to the late Texas State Representative Irma Rangel, whose leadership led to the original percentage plan at the University of Texas.

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The Supreme Court ruling on Fisher, while disappointing, is a narrow one (essay)

The U.S. Supreme Court today upheld the University of Texas’s use of racial preferences in student admissions. The vote was 4 to 3, with Justice Anthony M. Kennedy writing the majority opinion, joined by Justices Stephen G. Breyer, Ruth Bader Ginsburg and Sonia Sotomayor (Justice Elena Kagan was recused). Justice Samuel A. Alito wrote a powerful 51-page dissent, which he read from the bench.

The decision came on the unlucky 13th anniversary, to the day, of Gratz v. Bollinger and Grutter v. Bollinger. And Fisher I, by the way, came down on a June 24, with Regents of the University of California v. Bakke coming down on a June 28. Something about these higher ed racial preference cases always causes the court to struggle with them to the bitter end of the term.

Needless to say, for those of us opposed to racial discrimination in university admissions, the decision is disappointing, for all the reasons that Justice Alito explains. The discrimination that is upheld is untenable in our increasingly multiracial, multiethnic society -- indeed, a society where individual Americans are more and more likely to be multiracial and multiethnic (starting with our president), and where the victims of this politically correct discrimination are more and more likely to be members of racial and ethnic minority groups.

But the silver lining is that today’s decision is a narrow one, both in its scope and in the extent to which it allows the use of racial preferences.

As the court says, UT’s program “is sui generis” and the way the case was litigated “may limit its value for prospective guidance.” A big reason for this, of course, is the university’s use of a “top 10 percent plan,” which was not challenged. Rather surprisingly, by the way, Justice Kennedy seems to suggest that perhaps it should have been. He’s right: if a facially neutral plan is adopted for racial reasons, as quite arguably the percent plan was -- by automatically granting admission to any student graduating in the top 10 percent of their high-school class, the plan was sold to the state Legislature as guaranteeing a fair proportion of black and Latino admittees -- then it is unconstitutional. Put the shoe on the other foot: What if Ole Miss had, back in the day, put its demographers to work and then refused to admit anyone living in a (heavily black) zip code?

Justice Kennedy also warns the university repeatedly in his opinion that it has an ongoing duty to minimize its use of race. And race is, the court says, only a “factor of a factor of a factor” at UT, was considered contextually, does not automatically help members of any group and could in theory help the members of any group, including whites and Asian-Americans. “The fact that race consciousness played a role in only a small portion of admissions decisions should be a hallmark of narrow tailoring ….”

Now, much of this may be quite false as a matter of what really happens at the University of Texas, but other colleges and universities are now obliged to jump through the hoops that the court says UT jumped through. They must, for example and in addition to what’s already been described, do a careful study at the outset to document why using racial preferences is essential to providing the purported educational benefits of diversity and “articulate concrete and precise goals.” Note that, at UT, the ultimate decision makers supposedly did not even know the race of the individual applicants.

More broadly, any college or university’s use of racial preferences must pass “strict scrutiny,” and any institution using preferences must bear the burden of proving that a nonracial approach would not promote its interest in the “educational benefits of diversity” about as well.

Look at it this way: barring a decision by the court that overruled Grutter v. Bollinger and said that colleges and universities may never use racial preferences because the “educational benefits of diversity” are not compelling, lots of institutions would continue to use such preferences, even if the court had left the door open only a tiny crack. If the court had said, “You can use racial preferences only if you can prove that the moon is made of green cheese,” then a number of true-believer presidents would swear on a stack of Bibles that, what do you know, our institutions have found by careful study that the moon is made of green cheese.

That’s why I had hoped that the court would, indeed, overturn Grutter. But since that has not happened, and now likely will not happen for the foreseeable future, then there is no choice but to proceed institution by institution. That’s what the law was before today’s decision, and it remains what the law is after today’s decision. And, realistically, we could not have expected it to be otherwise as we awaited Fisher II.

Sure, it would have been better if the court had given the opponents of racial preferences more ammunition than it did today, but we still have plenty of ammunition on “narrow tailoring” requirements -- for which, by the way, colleges and universities receive “no deference” -- from Bakke and Grutter and Gratz and Fisher I and now from Fisher II.

The bottom line is that the court’s decision leaves plenty of room for future challenges to racial preference policies at other institutions -- and at UT itself for that matter. It’s interesting that, in the run-up to the decision, there was much discussion among liberals that maybe indeed there are better approaches to student admissions than UT’s. Here’s hoping that those discussions continue, prodded along by lawsuits and FOIA requests to ensure that all of Justice Kennedy’s (and Justice O’Connor’s and Justice Powell’s) hoops have been jumped through.

And here’s hoping, as well, that the research continues to document the high costs of the use of racial preferences versus the paltry benefits. The latter are the “educational benefits” for white and Asian students of random observations by black and Latino students. (Yes, that’s what the justification for this discrimination boils down to, as I discuss here.)

And the costs? Just these: it is personally unfair, passes over better qualified students and sets a disturbing legal, political and moral precedent in allowing racial discrimination. It creates resentment. It stigmatizes the so-called beneficiaries in the eyes of their classmates, teachers and themselves, as well as future employers, clients and patients. It mismatches African-American and Latino students with institutions, setting them up for failure. It fosters a victim mind-set, removes the incentive for academic excellence and encourages separatism.

And more: it compromises the academic mission of the university and lowers the overall academic quality of the student body. It creates pressure to discriminate in grading and graduation. It breeds hypocrisy within the college or university and encourages a scofflaw attitude among its officials. It papers over the real social problem of why so many African-American and Latino students are academically uncompetitive. And it gets states and higher education institutions involved in unsavory activities like deciding which racial and ethnic minorities will be favored and which ones not, and how much blood is needed to establish group membership --an untenable legal regime, as I said before, as America becomes an increasingly multiracial, multiethnic society.

So the challenges to racial preferences will continue. Cases already filed against Harvard University and the University of North Carolina at Chapel Hill that had been on hold will now proceed. The struggle goes on.

Roger Clegg is president and general counsel of the Center for Equal Opportunity, which has joined numerous amicus briefs on behalf of the plaintiff over the course of the Fisher litigation.

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Next steps colleges should consider after the Supreme Court's Fisher decision (essay)

The higher education community breathed a sigh of relief today as the U.S. Supreme Court ruled that the University of Texas at Austin's race-conscious holistic-review admissions policy is lawful under federal constitutional principles. The decision ended nearly a decade of litigation for UT and clearly preserved existing precedent that allows institutions with an interest in the educational benefits of diversity to include the limited consideration of race in enrollment decisions.

So we're done with this stuff, right?

Not exactly. We should celebrate the decision today but be prepared to roll up our sleeves and get back to work tomorrow. Here are a few reasons why:

  1. The decision does preserve existing precedent, but it gives much more specific insight into what it looks like to align with the court's framework and expectations. It's a bit like the court has for decades instructed institutions to wear clothes -- but now they've made clear that those clothes should be a three-piece suit. Specifically, the court noted that UT was able to show a clear set of diversity-related goals and objectives, a deliberate decision-making process that involved university’s highest leadership and stakeholders across the campus, and an impressive arsenal of qualitative and quantitative evidence about the negative impact of its years of solely race-neutral admissions. Though lockstep adaptation of UT's effort is not likely to be an expectation by future courts, all institutions that consider race in enrollment decisions should prepare themselves to make their own case for carrying the "heavy burden" of passing court scrutiny of these practices, informed by the kind of case UT presented.
  2. The court was very clear that institutions have an "ongoing obligation to engage in constant deliberation and continued reflection regarding its admissions policies" (emphasis added). For UT specifically, the court instructed, "The university must continue to use [its] data to scrutinize the fairness of its admissions program; to assess whether changing demographics have undermined the need for a race-conscious policy; and to identify the effects, both positive and negative, of the affirmative-action measures it deems necessary." Notably, Justice Anthony M. Kennedy did not repeat Justice Sandra Day O'Connor's 2003 prediction in Grutter v. Bollinger that race-conscious programs will not be needed in the next 25 years. But he did make clear that any institution that intends to use race-conscious admissions policies should plan to commit to a continuing process of reflection and evolution over time.
  3. Not everyone agrees with the court's conclusion. Justice Samuel A. Alito, joined by Chief Justice John G. Roberts and Justice Clarence Thomas, wrote a lengthy dissent -- and took the somewhat rare step of reading it from the bench today. In it, he expressed concerns about: 1) the "black box" of admissions and other institutional decision-making processes, 2) whether UT provided a sufficient evidence base to support its policies (especially the link between what happens in the admissions process and what happens after students arrive on campus), 3) how race really fits into admissions decisions, and 4) what kind of diversity is really valued in holistic review. In the weeks ahead, we in higher education should spend more time understanding the views of the dissenting justices and think through ways in which they may inform institutional judgments moving forward. That may be especially important given the other cases pending in federal courts and new complaints filed with federal agencies that ask many of the same questions of a new batch of institutions.
  4. As student demonstrations and demands clearly illustrated over the course of the past months, many campus stakeholders do not believe that colleges and universities have yet fully authentically achieved the diversity goals they assert they have. That is, in part, because of the need to consider not only the diversity of the student body but also whether different members feel included and able to participate fully in campus life. After all, the compelling interest at stake isn't about student body diversity as an end in itself. It is a means toward improved teaching and learning, personal and intellectual development, better civic outcomes, and a lively campus environment where all individuals, ideas and perspectives are welcomed.
  5. And, indeed, the court today noted with approval that, along with statistical information that minority enrollment was decreasing under the solely race-neutral regime, UT included minority students’ experiences of feeling lonely and isolated on the campus. Moving forward, colleges and universities should aim to look for evidence not only of the negative effects of the absence of diversity but also, perhaps even more importantly, of the positive effects of a broadly diverse student body on all members of the institutional community -- with attention to ways in which they can advance fully inclusive learning environments for the benefit of all students.

The decision in Fisher II gives colleges and universities greater confidence that they can continue to use race-conscious enrollment policies to pursue important educational benefits associated with diversity. But it also makes clear that doing so requires "constant" effort and the contributions of almost every member of an institutional community. As the decision concludes, "Considerable deference is owed to a university in defining those intangible characteristics, like student body diversity, that are central to its identity and educational mission. But still, it remains an enduring challenge to our nation’s education system to reconcile the pursuit of diversity with the constitutional promise of equal treatment and dignity."

I am confident that institutions across the country -- working with their partners in research, law, business and their communities -- will be able to meet the challenge. But the ball is in institutions' court. We must get to work.

Terri Taylor is a senior policy and legal adviser with EducationCounsel LLC. She co-authored the amicus brief submitted by the College Board, the American Association of Collegiate Registrars and Admissions Officers, the Law School Admissions Council and the National Association for College Admissions Counseling to the Supreme Court in Fisher II and helps lead the College Board's Access and Diversity Collaborative.

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Essay on 18th-century note taking

Matthew Daniel Eddy’s fascinating paper “The Interactive Notebook: How Students Learned to Keep Notes During the Scottish Enlightenment” is bound to elicit a certain amount of nostalgia in some readers. (The author is a professor of philosophy at Durham University; the paper, forthcoming in the journal Book History, is available for download from his Academia page.)

Interest in the everyday, taken-for-granted aspects of scholarship (the nuts and bolts of the life of the mind) has grown among cultural historians over the past couple of decades. At the same time, and perhaps not so coincidentally, many of those routines have been in flux, with card catalogs and bound serials disappearing from university libraries and scholarship itself seeming to drift ever closer to a condition of paperlessness. The past few years have seen a good deal of work on the history of the notebook, in all its many forms. I think Eddy’s contribution to this subspecialty may prove a breakthrough work, as Anthony Grafton’s The Footnote: A Curious History (1997) and H. J. Jackson’s Marginialia: Readers Writing in Books (2001) were in the early days of metaerudition.

“Lecture notes,” Eddy writes, “as well as other forms of writing such as letters, commonplace books and diaries, were part of a larger early modern manuscript world which treated inscription as an active force that shaped the mind.” It’s the focus on note taking itself -- understood as an activity bound up with various cultural imperatives -- that distinguishes notebook studies (pardon the expression) from the research of biographers and intellectual historians who use notebooks as documents.

Edinburgh in the late 18th century was buzzing with considerable philosophical and scientific activity, but the sound in the lecture notes Eddy describes came mainly from student noses being held to the grindstone. For notebook keeping was central to the pedagogical experience -- a labor-intensive and somewhat costly activity, deeply embedded in the whole social system of academe. Presumably the less impressive specimens became kindling, but the lecture notebooks Eddy describes were the concrete embodiment of intellectual discipline and craftsmanship -- multivolume works worthy of shelf space in the university library or handed down to heirs. Or, often enough, sold, whether to less diligent students or to the very professors who had given the lectures.

The process of notebook keeping, as Eddy reconstructs it, ran something like this: before a course began, the student would purchase a syllabus and a supply of writing materials -- including “quares” of loose papers or “paper books” (which look pocket-size in a photo) and a somewhat pricier “note book” proper, bound in leather.

The syllabus included a listing of topics covered in each lecture. Eddy writes that “most professors worked very hard to provide lecture headings that were designed to help students take notes in an organized fashion” as they tried to keep up with “the rush of the learning process as it occurred in the classroom.” Pen or pencil in hand, the student filled up his quares or paper book with as much of the lecture material as he could grasp and condense, however roughly. The pace made it difficult to do more than sketch the occasional diagram, and Eddy notes that “many students struggled to even write basic epitomisations of what they had heard.”

The shared challenge fostered the student practice of literally comparing notes -- and in any case, even the most nimble student was far from through when the lecture was done. Then it was necessary to “fill out” the rough notes, drawing on memory of what the professor said, the headings in the syllabus and the course readings -- a time-consuming effort that could run late into the night. “Extending my notes taken at the Chemical and Anatomical lectures,” one student wrote in his diary, “employs my whole time and prevents my doing any thing else. Tired, uneasy & low-spirited.”

As his freshman year ended, another wrote, “My late hours revising my notes taken at the lectures wore on my constitution, and I longed for the approach of May and the end of the lectures.”

Nor was revision and elaboration the end of it. From the drafts, written on cheap paper, students copied a more legible and carefully edited text into their leather notebooks, title pages in imitation of those found in printed books. The truly devoted student would prepare an index. “While many of them complained about the time this activity required,” Eddy writes, “I have found no one who questioned the cognitive efficacy that their teachers attached to the act of copying.”

Making a lecture notebook was the opposite of multitasking. It meant doing the same task repeatedly, with deeper attention and commitment at each stage. Eddy surmises that medical students who prepared especially well-crafted lecture notebooks probably attended the same course a number of times, adding to and improving the record, over a course of years.

At the same time, this single-minded effort exercised a number of capacities. Students developed “various reading, writing and drawing skills that were woven together into note-taking routines … that were in turn infused with a sense of purpose, a sense that the acts of note taking and notebook making were just as important as the material notebook that they produced.”

You can fill an immaterial notebook with a greater variety of content (yay, Evernote!), but I’m not sure that counts as either an advantage or an improvement.

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New book urges colleges to exercise not-so-common sense when optimizing undergraduate experience

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New book urges colleges to exercise not-so-common sense when it comes to optimizing the undergraduate experience and otherwise striving toward institutional excellence.

Southern accreditor puts five colleges on probation

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The Southern Association of Colleges and Schools has put four small private colleges and one community college on notice, mostly due to financial problems.

Focusing on 'high-demand' fields is key to tuition assistance programs, Amazon says

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As more companies expand tuition assistance benefits, Amazon says its model -- which focuses on "high-demand" fields -- is the one they should follow.

An examination of two kinds of political correctness (essay)

When I went to college in the late 1970s, a few of my professors still referred to female students as “girls.” Many of us spoke of Asian people as “Orientals.” And a physical education instructor taught me to shoot a basketball with a flick of the wrist that we called the “faggy wave.”

But I also engaged in lengthy debates -- inside and outside the classroom -- over abortion and affirmative action. Everyone understood that these were hotly contested questions in American society. So we assumed that they should be vigorously debated at American colleges, too.

It’s rare to hear outright slurs against women or minorities on campus today, which is a very good thing. But we also don’t encounter a full range of opinion about controversial public issues, especially those dealing with race and gender. And that’s because of political correctness, which comes in two very different forms that we too often confuse with each other.

Political correctness one (PC-1) aims to change our language for describing human difference, so it doesn’t demean others. When a professor calls his female students “girls,” he’s implicitly questioning their membership in the adult community. It’s a matter of basic decency to use another term.

It’s also a way of helping all of us to communicate across our differences. If you want to have a substantive conversation with an Asian person, calling her “Oriental” isn’t a good way to start. It’s better to follow a few simple PC-1 rules, which signal the mutual respect that real dialogue requires.

By contrast, political correctness two (PC-2) inhibits that dialogue by imposing liberal political orthodoxies. It’s not just about using the right words, so that everyone feels included and respected. It tries to promulgate a set of right answers, thereby constraining our discussion of important questions.

Consider affirmative action, which remains the great undebated issue in American higher education. According to a 2006 survey by sociologists Neil Gross and Solon Simmons, which they reported in Professors and Their Politics (Johns Hopkins University Press, 2014), 43 percent of American professors oppose race-based affirmative action in college admissions. But you almost never hear them speaking out against it, because -- yes -- it has become politically incorrect to do so.

On abortion, meanwhile, a 2005 study reported that 84 percent of professors were “strongly or somewhat” pro-choice. But that means about one out of seven professors was opposed to abortion rights. And you wouldn’t know that from listening to our dialogues on campus, where most pro-life faculty members keep quiet.

Likewise, our students have learned to bite their tongues if they dissent from PC-2. Every semester, conservative students “come out” to me in their essays and exams. When I urge them to share their views in class, their reply is always the same: we’ll be ridiculed or shouted down.

In a 2010 survey asking college students whether it was “safe to hold unpopular positions on college campuses,” only 40 percent of freshmen “strongly” agreed. And just 30 percent of seniors did so, suggesting that students feel more constrained by PC-2 the longer they are in college.

Of course, PC-1 imposes constraints of its own. So what? It should be politically incorrect to call grown women “girls” or Asians “Orientals.” Listening to Donald Trump and his followers, you might think that these new terms represent a totalitarian threat to American liberties. But it’s hard to see how Trump -- or anyone else -- is harmed when we ask them to use a more respectful vocabulary for describing their fellow citizens.

The real harm arises when we try to enforce the revised terminology with official sanctions and penalties. In their zeal to promote PC-1, too many of our colleges and universities have enacted speech codes that bar insulting or offensive language regarding race, gender, sexuality and more.

Every court that has examined these codes has found them unconstitutional. Speech codes make slur-spouting bigots into First Amendment martyrs. And they reinforce the real danger to free speech on campus, which is ideological rather than linguistic.

If a college bans racist statements, critics of affirmative action will be less likely to speak their minds lest they stand accused of racism themselves. If it bars sexist comments, anti-abortion voices will be constrained. And if homophobic speech is prohibited, faculty members and students who oppose same-sex marriage will be discouraged from sharing their point of view. That can’t be good for our colleges or even for the liberal causes that so many of us hold dear, which can only benefit from a full and complete debate.

Terms like “Oriental” and “faggy wave” inhibit that debate, and I’m ashamed that I ever used them. But I’m also ashamed that many of our colleges and universities have created new restrictions on opinion that stifle discussion as much as the old slurs did. The question is whether we can find the language -- and the courage -- to engage in a real debate about the issues that divide us. Politically correct words can help promote conversation. Politically correct pieties will kill it.

Jonathan Zimmerman teaches history and education at New York University. He is the author of Campus Politics: What Everyone Needs to Know, which will be published in August by Oxford University Press.

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