an older example of this is the drinking age in the united states theoretically speaking this is a matter reserved for the states, and in earlier years 18 was a common drinking age in practice, however, the federal government mandates a minimum age of 18 years how can this be?
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But whats this? The government will always find a mechanism to make people do things if granted power to do so, by hook or crook i wonder what the bush 2 administration got up to!pic.twitter.com/Va8AiLrP05
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and of course the Obama administration had its own trick's to play in summary, a letter sent to universities from the Ed sec (1) stipulated that schools could be sued if they permitted a "hostile environment," and (2) set atrocious rules for university quasijudicial inquiriespic.twitter.com/yDuZyNVJgO
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I don't mean to comment on the validity of the object level policies. Rather, I want to point out that using concepts of a "hostile environment" or simple regulatory policy the Federal government was able to force universities to do things that the government itself cannot
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Some schools surely would have liked to comply with these regulations; others would not. Again, ignoring the base issues, I think one must agree that the government is using private actors to implement policies it could not itself (esp. w.r.t. anti-defendent judicial standards).
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Title IX and Its Consequences have been done to death in commentary, although lately forgotten. Nevertheless it has I think played a tremendous role in the culture and structure of American higher education since its passage. *Good or bad*: the effect, was had.
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Having considered this illustrative case (about which I knew in advance) im going to test a hypothesis about another branch of law and its role in the Cancel Crisis. I have no significant knowledge of this area so I will be reading a lot of wikipedia as I post
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I am doing this exercise because I want to publicly test this out of sample prediction which seems like a fun way of keeping myself honest. Let's gooooooooooooo
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Hypothesis: one of cancel culture's sine qua non, mechanistically, is anti-discrimination regulations in the workplace Test: wont be complete but look for implementation and case law around "hostile environments" and various Bad behaviors and see what's covered
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Here's the opening salvo. Most cases listed here relate to sexual harassment, which doesn't surprise me for boring reasons. Note the mechanism: creating a liability for the employer if they fail to prevent a thing Rule of thumb: companies do not want to get suedpic.twitter.com/5jLofhPrCN
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I do not know the history of HR departments but I would bet they came into being to comply with these laws. People have noted the shared culture of universities and HR. I think it might make sense to think of these as compliance offices. (Probably trite.)
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The wiki is tragically short (for such a concept!) but this is interesting to me: law on this matter varies by jurisdiction (I assume a baseline federal law and additions made by locals?) Having panel data here would be very interesting. Free econometrics paper idea (must cite)
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actually more generally if you write a paper and cite my tweet in the acknowledgements section you should absolutely let me know so I can lose my mind
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Further wiki walking my suspicion is that Title VII of the civil rights act (1964) is the national standard I speculated about earlier heres the rundownpic.twitter.com/B6YpCPHLtM
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there are narrow exceptions given for super specific cases that I imagine are things like casting a Soomerian actor to play Zuulpic.twitter.com/wBX0KYLdQ6
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Note that religious preferences are not acceptable! The first scene of the Mary Tyler Moore Show preserves this transition in amber. It must have been a bewildering time for everyone.
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Skipping around and getting a little bored Noted the disparate impact issue, which I'd forgotten about and which has led to this curious finding Also old people are less protected than other classes (if you curious where old people stood on the status hierarchy)pic.twitter.com/4Rsygmuv5G
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anyway my hunch is the following. (I'd need to read case law to be sure and I'm not doing that) 1. Being known to be bigoted in some sense makes someone a walking liability 2. What a Reasonable Person (relevant standard) would find to be workplace harassment has been expanding
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3. Large organizations fire people who develop a reputation as a bigot at the drop of a hat because of (1) if nothing else 4. (2) + (3) ===> you're done if you get the spotlight because firms dont know what the standard is and they don't want to be the test case
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Basically I am speculating that the government is generating the Cancel Crisis through extremely boring administrative law that most Americans know nothing about. I am skeptical of any improvement because it is from the Civil Rights Act and no way is anyone touching that
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Upon reading the summary of this text I was 1. glad to be validated (kind of) 2. glad someone had gone through the bother of writing a book 3. glad to not buy it because it would only depress mehttps://twitter.com/herandrews/status/1276692215293763584?s=19 …
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comment from Alex, I think the first counterpoint is a pretty good onehttps://twitter.com/AlexGodofsky/status/1276696122350866432?s=19 …
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I do think this is the most compelling counter to this thread's idea. Hm. There's a synthesis but I want to play vidya, I leave it as an exercise for the reader
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oh also, I love this:
@nicholatian gives us another case study, from Indonesia https://twitter.com/nicholatian/status/1276692329282310149?s=19 …This Tweet is unavailable.Show this thread -
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adding another to the college control stack as usual I have nothing to say about the object level issue and only note the mechanism for government exercising controlhttps://twitter.com/AbigailShrier/status/1352121732723666946?s=19 …
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always gratifying when
@bryan_caplan turns out to have the same view of the world that i do h/t@nebulousfocushttps://twitter.com/bryan_caplan/status/1400183634817081350 …Show this thread
End of conversation
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