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aaronsibarium's profile
Aaron Sibarium
Aaron Sibarium
Aaron Sibarium
@aaronsibarium

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Aaron Sibarium

@aaronsibarium

Reporter @FreeBeacon. DMs open.

Washington, DC
Joined April 2017

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    Aaron Sibarium‏ @aaronsibarium Aug 19

    SCOOP: The American Bar Association is poised to mandate diversity training and affirmative action at all of its accredited law schools, a move top legal scholars say could jeopardize academic freedom and force schools to violate federal law. Yes, really.https://freebeacon.com/campus/american-bar-association-poised-to-mandate-diversity-training-affirmative-action-at-law-schools/ …

    12:05 PM - 19 Aug 2021
    • 493 Retweets
    • 1,196 Likes
    • Vivid Pragmata Americana Nathan Walker Serena O'Leary 宮内よしひと Save America Justice for Ashli! Mercy Be FieldRoamer
    59 replies 493 retweets 1,196 likes
      1. New conversation
      2. Aaron Sibarium‏ @aaronsibarium Aug 19

        The ABA accredits nearly every law school in the US. It is is mulling a plan that would require schools to "provide education" on "cross-cultural competency," including a mandatory ethics course instructing students that they have an obligation to fight "racism in the law."

        3 replies 29 retweets 143 likes
        Show this thread
      3. Aaron Sibarium‏ @aaronsibarium Aug 19

        Schools would also be required to "take effective actions" to "diversify" their student bodies—even when doing so risks violating a law that "purports to prohibit consideration of" race or ethnicity. In order to remain accredited, law schools might have to break the law.

        2 replies 31 retweets 159 likes
        Show this thread
      4. Aaron Sibarium‏ @aaronsibarium Aug 19

        The proposal has sparked fierce blowback from legal scholars across the country, including 10 emeritus professors at Yale Law School, who called it a "problematic" and "disturbing" attempt to "institutionalize dogma" through the accreditation process. https://www.americanbar.org/content/dam/aba/administrative/legal_education_and_admissions_to_the_bar/council_reports_and_resolutions/comments/2021/june-2021/june-21-comment-yale-law-school.pdf …

        2 replies 40 retweets 223 likes
        Show this thread
      5. Aaron Sibarium‏ @aaronsibarium Aug 19

        Violating federal law is "not legally defensible conduct for any institution," the Yale scholars wrote in a public comment on the plan in June, nor is it "a legally defensible requirement by an organization certifying law schools."

        1 reply 20 retweets 131 likes
        Show this thread
      6. Aaron Sibarium‏ @aaronsibarium Aug 19

        Those arguments have so far fallen on deaf ears: When the plan was submitted for final review on Aug. 16, it contained all of the provisions to which the Yale professors had objected.

        1 reply 14 retweets 82 likes
        Show this thread
      7. Aaron Sibarium‏ @aaronsibarium Aug 19

        Few accreditors are as influential as the American Bar Association. There are fewer than 250 law schools in the United States, and 199 of them are accredited by the association. In most states, attending an ABA-accredited school is a prerequisite for taking the bar exam.

        2 replies 11 retweets 90 likes
        Show this thread
      8. Aaron Sibarium‏ @aaronsibarium Aug 19

        So when the ABA sets standards for law schools, it sets them for the entire legal system: corporate lawyers, criminal prosecutors, state judges, and SCOTUS justices will all be educated in whatever ideology the ABA dictates—even if it is indifferent to the rule of law itself.

        2 replies 17 retweets 95 likes
        Show this thread
      9. Aaron Sibarium‏ @aaronsibarium Aug 19

        The proposed standards would institutionalize that indifference throughout legal academia. Laws prohibiting schools from considering race in admissions are "not a justification for a school's non-compliance" with the diversity requirement, one standard reads.

        2 replies 13 retweets 74 likes
        Show this thread
      10. Aaron Sibarium‏ @aaronsibarium Aug 19

        According to the Yale professors, "It would appear that [this language] instructs schools to risk violating state or federal law in order to retain certification."

        1 reply 13 retweets 79 likes
        Show this thread
      11. Aaron Sibarium‏ @aaronsibarium Aug 19

        Though the plan does tell schools to pursue diversity "by means other than those prohibited," it never specifies what those means are, an omission the Yale professors say could encourage legally dubious activities. https://taxprof.typepad.com/files/aba-council.pdf …

        1 reply 10 retweets 67 likes
        Show this thread
      12. Aaron Sibarium‏ @aaronsibarium Aug 19

        Such activities might include using "personal ratings" to establish unofficial racial quotas, a practice that has landed Harvard in the Supreme Court. Though schools can use race as a "plus factor" in admissions, they cannot set hard floors or ceilings for any demographic group

        1 reply 13 retweets 62 likes
        Show this thread
      13. Aaron Sibarium‏ @aaronsibarium Aug 19

        The ABA’s accreditation plan would encourage law schools to set racial ceilings anyway, through the same sort of chicanery Harvard allegedly employs. It would also encourage students to see existing law as illegitimate.

        2 replies 10 retweets 69 likes
        Show this thread
      14. Aaron Sibarium‏ @aaronsibarium Aug 19

        The plan mandates a course on "professional responsibility" that stresses lawyers' "obligation" to fight racism in the legal system—implying the legal system is racist—and requires students to learn about "bias, cross-cultural competency, and racism."

        1 reply 12 retweets 64 likes
        Show this thread
      15. Aaron Sibarium‏ @aaronsibarium Aug 19

        "Courses on racism and bias in the law" are one way of satisfying that second requirement. Insofar as this curriculum assumes the law is unjust, it supplies a justification for disobeying it.

        1 reply 12 retweets 56 likes
        Show this thread
      16. Aaron Sibarium‏ @aaronsibarium Aug 19

        The curricular mandates have elicited fierce pushback from law professors. Brian Leiter of the University of Chicago Law School told the American Bar Association that its plan would "almost certainly violate the academic freedom rights of faculty at many (probably most) schools."

        1 reply 13 retweets 71 likes
        Show this thread
      17. Aaron Sibarium‏ @aaronsibarium Aug 19

        Kate Stith, a professor and former dean at Yale Law, was even more blunt, calling the proposal a "shocking" act of overreach. "It is totally inappropriate for a group like the American Bar Association to intrude into the content of law school curricula," she told the Free Beacon.

        2 replies 15 retweets 79 likes
        Show this thread
      18. Aaron Sibarium‏ @aaronsibarium Aug 19

        The most shocking thing about the proposal may be Yale's intense institutional opposition to it. Yale Law School has one of the most leftwing faculties in the country, with fewer self-identified conservatives than Stanford, Harvard, or the University of Chicago law schools.

        2 replies 12 retweets 74 likes
        Show this thread
      19. Aaron Sibarium‏ @aaronsibarium Aug 19

        YLS also has one of the most progressive student bodies of any law school: Earlier this year, a raft of affinity groups demanded that the Yale Law Journal "prioritize anti-racism" in its admissions process, falsely alleging that minorities were underrepresented on the masthead.

        1 reply 10 retweets 63 likes
        Show this thread
      20. Aaron Sibarium‏ @aaronsibarium Aug 19

        The demands plunged the journal into chaos and led its former editor—himself a minority and a proponent of affirmative action—to apologize for the "unwelcoming culture" he had presided over. https://freebeacon.com/campus/yale-law-students-said-a-top-journal-was-racist-admissions-data-suggest-otherwise/ …https://freebeacon.com/campus/yale-law-journal-editor-apologizes-for-unwelcoming-culture/ …

        4 replies 9 retweets 53 likes
        Show this thread
      21. Aaron Sibarium‏ @aaronsibarium Aug 19

        Yale's emeritus professors seemed to have had such uprisings in mind when they drafted their comment. They point to the ABA's endorsement of "affinity groups"—the same institutions that had launched the crusade against the Yale Law Journal—as an example of ideological overreach.

        1 reply 13 retweets 63 likes
        Show this thread
      22. Aaron Sibarium‏ @aaronsibarium Aug 19

        "Affinity groups are by definition non-diverse," the comment reads. "There are good faith differences of opinion about whether some affinity group programs support or detract from diversity goals."

        1 reply 10 retweets 60 likes
        Show this thread
      23. Aaron Sibarium‏ @aaronsibarium Aug 19

        If the American Bar Association presses ahead with its plan, those programs could soon be a prerequisite for practicing law in the United States.

        5 replies 10 retweets 66 likes
        Show this thread
      24. End of conversation

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