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eigenrobot

@eigenrobot

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eigenrobot.substack.com
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    1. eigenrobot‏ @eigenrobot 26 Jun 2020

      now, this sort of thing along with rampant abuse of the commerce clause over the last hundred years let's it get around the fact that per 10A states are supposed to have superior latitude in most cases but this doesnt let them get at individuals, bc of the incorporation doctrine

      2 replies 2 retweets 52 likes
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    2. eigenrobot‏ @eigenrobot 26 Jun 2020

      so how do you wreck individuals? well there are Other Ways and i have my suspicions about how such a system operates, deliberately or not (i believe it was not intended in this case, but once the mechanism was identified--!)

      1 reply 1 retweet 42 likes
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    3. eigenrobot‏ @eigenrobot 26 Jun 2020

      my hunch is that many such impositions operate through incentives working on private entities that do not _force_ them to do anything that, if done by governments would be unconstitutional; but effectively punish them if they do not do these things

      3 replies 3 retweets 46 likes
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    4. eigenrobot‏ @eigenrobot 26 Jun 2020

      lets consider one such case, title ix in its aim, its pretty unobjectionable dont be a dick to ladies if your a school that cool and also pay attention to the mechanism: ". . . receiving Federal financial assistance."pic.twitter.com/4yABNouFzs

      1 reply 1 retweet 36 likes
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    5. eigenrobot‏ @eigenrobot 26 Jun 2020

      So thats fine If you want to be a Discriminatory just give up your cash right? Thats what one college thought and the supreme court agreed but uh ohpic.twitter.com/IDhGqcCoH2

      1 reply 2 retweets 47 likes
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    6. eigenrobot‏ @eigenrobot 26 Jun 2020

      Ok so basically if you want to have a school you need to comply with this Act because good luck running a uni without NIH/NHS grants and without students mortgaging their futures through the department of education Ok fine What are the details like? Surely is unobjectionable

      2 replies 0 retweets 41 likes
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    7. eigenrobot‏ @eigenrobot 26 Jun 2020

      Well Ok Turns out regulators implemented a test that mandated equal participation for men and women in athletics Little cack-handed and invasive but not like Bad bad right Just killed off a bunch of less popular mens sportspic.twitter.com/Mt5qs8QoBJ

      4 replies 3 retweets 45 likes
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    8. eigenrobot‏ @eigenrobot 26 Jun 2020

      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

      1 reply 0 retweets 31 likes
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    9. eigenrobot‏ @eigenrobot 26 Jun 2020

      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

      1 reply 0 retweets 37 likes
      Show this thread
    10. eigenrobot‏ @eigenrobot 26 Jun 2020

      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

      1 reply 3 retweets 50 likes
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      eigenrobot‏ @eigenrobot 26 Jun 2020

      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).

      5:58 PM - 26 Jun 2020
      • 2 Retweets
      • 44 Likes
      • Bennett Hoffman voxsaeculorum PollySolipsism🏴󠁧󠁢󠁳󠁣󠁴󠁿 Rquebus Grimace, CPA (the purple guy) Ben Liddicott The Floomer King Iguanabowtie stupid twitt account
      2 replies 2 retweets 44 likes
        1. New conversation
        2. eigenrobot‏ @eigenrobot 26 Jun 2020

          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.

          2 replies 0 retweets 34 likes
          Show this thread
        3. eigenrobot‏ @eigenrobot 26 Jun 2020

          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

          1 reply 0 retweets 25 likes
          Show this thread
        4. eigenrobot‏ @eigenrobot 26 Jun 2020

          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

          1 reply 1 retweet 31 likes
          Show this thread
        5. eigenrobot‏ @eigenrobot 26 Jun 2020

          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

          2 replies 1 retweet 31 likes
          Show this thread
        6. eigenrobot‏ @eigenrobot 26 Jun 2020

          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

          1 reply 3 retweets 37 likes
          Show this thread
        7. eigenrobot‏ @eigenrobot 26 Jun 2020

          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.)

          5 replies 1 retweet 50 likes
          Show this thread
        8. eigenrobot‏ @eigenrobot 26 Jun 2020

          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)

          2 replies 0 retweets 24 likes
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        9. eigenrobot‏ @eigenrobot 26 Jun 2020

          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

          2 replies 1 retweet 41 likes
          Show this thread
        10. eigenrobot‏ @eigenrobot 26 Jun 2020

          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

          1 reply 0 retweets 22 likes
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        11. eigenrobot‏ @eigenrobot 26 Jun 2020

          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

          1 reply 1 retweet 20 likes
          Show this thread
        12. eigenrobot‏ @eigenrobot 26 Jun 2020

          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.

          4 replies 0 retweets 20 likes
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        13. eigenrobot‏ @eigenrobot 26 Jun 2020

          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

          2 replies 0 retweets 24 likes
          Show this thread
        14. eigenrobot‏ @eigenrobot 26 Jun 2020

          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

          2 replies 1 retweet 35 likes
          Show this thread
        15. eigenrobot‏ @eigenrobot 26 Jun 2020

          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

          1 reply 1 retweet 39 likes
          Show this thread
        16. eigenrobot‏ @eigenrobot 26 Jun 2020

          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

          7 replies 4 retweets 82 likes
          Show this thread
        17. eigenrobot‏ @eigenrobot 26 Jun 2020

          contemplate this on the Tree of Woe

          3 replies 3 retweets 48 likes
          Show this thread
        18. eigenrobot‏ @eigenrobot 26 Jun 2020

          eigenrobot Retweeted Helen Andrews

          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 …

          eigenrobot added,

          Helen AndrewsVerified account @herandrews
          Replying to @eigenrobot
          There is in fact a good book about this history, Frank Dobbin’s Inventing Equal Opportunity. Your hunch about the origins of HR is correct. https://twitter.com/herandrews/status/1219971510204616706 …
          1 reply 0 retweets 32 likes
          Show this thread
        19. eigenrobot‏ @eigenrobot 26 Jun 2020

          eigenrobot Retweeted Alex Godofsky

          comment from Alex, I think the first counterpoint is a pretty good onehttps://twitter.com/AlexGodofsky/status/1276696122350866432?s=19 …

          eigenrobot added,

          Alex Godofsky @AlexGodofsky
          Replying to @eigenrobot
          There are problems with this story. First, firms very frequently do not fire people in response to internal complaints, and very commonly protect the subject of the complaints amd even retaliate against the complainer. Cancel culture appears to be much more effective.
          2 replies 0 retweets 23 likes
          Show this thread
        20. eigenrobot‏ @eigenrobot 26 Jun 2020

          eigenrobot Retweeted Alex Godofsky

          epigrammatical!https://twitter.com/AlexGodofsky/status/1276698837739089922?s=19 …

          eigenrobot added,

          Alex Godofsky @AlexGodofsky
          Replying to @eigenrobot
          Pilate freed Barabbas to appease the crowd, not Caesar.
          1 reply 0 retweets 23 likes
          Show this thread
        21. eigenrobot‏ @eigenrobot 26 Jun 2020

          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

          2 replies 0 retweets 18 likes
          Show this thread
        22. eigenrobot‏ @eigenrobot 26 Jun 2020

          eigenrobot Retweeted

          oh also, I love this: @nicholatian gives us another case study, from Indonesia https://twitter.com/nicholatian/status/1276692329282310149?s=19 …

          eigenrobot added,

          This Tweet is unavailable.
          2 replies 0 retweets 20 likes
          Show this thread
        23. eigenrobot‏ @eigenrobot 23 Sep 2020

          eigenrobot Retweeted Christopher F. Rufo  ⚔️

          hmmmmmhttps://twitter.com/realchrisrufo/status/1308540177065803776?s=19 …

          eigenrobot added,

          Christopher F. Rufo  ⚔️ @realchrisrufo
          The executive order also opens the legal floodgates: the President instructs the Attorney General to assess whether critical race theory trainings create a "hostile work environment" and constitute a violation of Title VII of the Civil Rights Act. pic.twitter.com/AOjmyml7VY
          Show this thread
          1 reply 1 retweet 18 likes
          Show this thread
        24. eigenrobot‏ @eigenrobot Jan 21

          eigenrobot Retweeted Abigail Shrier

          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 …

          eigenrobot added,

          Abigail Shrier @AbigailShrier
          On day 1, Biden unilaterally eviscerates women's sports. Any educational institution that receives federal funding must admit biologically-male athletes to women's teams, women's scholarships, etc. A new glass ceiling was just placed over girls. https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/20/executive-order-preventing-and-combating-discrimination-on-basis-of-gender-identity-or-sexual-orientation/ …
          1 reply 1 retweet 23 likes
          Show this thread
        25. eigenrobot‏ @eigenrobot Jun 2

          eigenrobot Retweeted Bryan Caplan

          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 …

          eigenrobot added,

          Bryan Caplan @bryan_caplan
          "I doubt Republican strategists will actually follow @RichardHanania's advice, but hopefully they'll prove me wrong. When regulation is out of control, deregulation is the obvious remedy. And discrimination law really is out of control." https://www.econlib.org/deregulate-discrimination/ …
          1 reply 1 retweet 18 likes
          Show this thread
        26. End of conversation

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