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Thread: Obama to pick Sotomayer for Supreme Court

  1. #331
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    Re: Obama to pick Sotomayer for Supreme Court

    Quote Originally Posted by WillRockwell View Post
    1) The ability to read is not important to a child's successful learning.
    True. All they have to do is recognize the word "DEMOCRAT" and vote accordingly and the teacher's unions are happy.

    Quote Originally Posted by WillRockwell View Post
    2) A child's level of emotional intelligence is highly related to how well she can control her impulses.
    The standard pronoun to be used in English when referring to both male and females as individuals in a mixed group is "his". Therefore this question demonstrates a sexual bias and is WRONG.

    Quote Originally Posted by WillRockwell View Post
    3) Emotional intelligence is learned early in life and does not change once adulthood is reached.
    That does explain Obama's popularity among the masses. Certainly reason had nothing to do with it.

    Quote Originally Posted by WillRockwell View Post
    4) A child's level of emotional intelligence is independent of the child's ability to learn in school.
    False. They're only required to hate Goldstein and the teacher's unions and Democrat party leadership will be happy.
    Last edited by Scarecrow Akhbar; 05-27-09 at 05:52 PM.

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    Re: Obama to pick Sotomayer for Supreme Court

    Quote Originally Posted by WillRockwell View Post
    that would make sense but again, show me where it says the New Haven test answers were in a study guide?
    In the link provided. Must I go find it for you?

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    Re: Obama to pick Sotomayer for Supreme Court

    Other firefighters, who
    believed the tests were fair, also spoke in support of the
    certifying the results. See, e.g., Testimony of Michael
    Blatchley, id. at 75 (“[N]one of those questions were not in that
    study material. Every one of those questions came from the
    material.”).
    and later in the document from someone else....


    However, he generally “felt the questions were
    relevant for both exams,” and believed that the New Haven
    applicants were advantaged over examinees in other locations because they were instructed exactly which chapters from the
    study materials would be on the tests. Id. at 36.
    http://www.adversity.net/newhavenfd/...2009-28-06.pdf

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    Re: Obama to pick Sotomayer for Supreme Court

    Quote Originally Posted by Redress View Post
    What does her sex and race have to do with her qualifications? You are making an assumption that her character was not an important factor.
    Well, it was her character that prompted her to say that a female hispanic judge will judge better than a white male judge. So her character is inherently racist and chauvinist.

    Yet she was nominated anyway.

    What's that say for the character than nominated her?

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    Re: Obama to pick Sotomayer for Supreme Court

    Quote Originally Posted by Redress View Post
    As I understand the argument(and I am not a lawyer, so take this with a grain of salt), the rules in place where that the tests had to be race neutral. Since the result of the test suggest that it was not race neutral(ie, whites did better), the results had to be thrown out. I think this is one of those cases where what is right is going to be subservient to the law as written. If the law is written that results indicate whether a test is race neutral or not, then this case ends with justice for no one.
    So, the test was "race neutral". I can't claim to having any kind of special "white knowlege", so I can't see anyone writing a test to exploit it.

  6. #336
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    Re: Obama to pick Sotomayer for Supreme Court

    Heh, I was almost there:

    Specifically, the EEOC “four-fifths rule” provides that a
    selection tool that yields “[a] selection rate for any race, sex,
    or ethnic group which is less than four-fifths (4/5) (or eighty
    percent) of the rate for the group with the highest rate will
    generally be regarded by the Federal enforcement agencies as
    evidence of adverse impact, while a greater than four-fifths rate will generally not be regarded by Federal enforcement agencies as
    evidence of adverse impact.” 29 C.F.R. § 1607.4(D).

    Here, the evidence shows that on the 2003 Lieutenant’s exam
    the pass rate for whites was 60.5%, for African-Americans 31.6%
    and Hispanics 20%. The four-fifths score would be 48%. In other
    words, African-Americans had a pass rate that was about half the
    pass rate for Caucasians, yielding an adverse impact ratio
    (“AIR”) of 0.59, significantly below the AIR of 0.80 that is
    presumed to not evidence adverse impact under the EEOC
    Guidelines. See Pl. L.R. 56(a) Stmt. ¶ 246; Def. L.R. 56(a)
    Stmt. ¶ 246. While the parties dispute the Captain’s exam pass
    rate for African-Americans and Hispanics (see supra note 7), the
    pass rate for Caucasians was 88%, which is more than double that
    of minorities and thus by either party’s statistic an AIR far
    below the four-fifths guideline is yielded.

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    Re: Obama to pick Sotomayer for Supreme Court

    Quote Originally Posted by Redress View Post
    The question for a judge is what the law reads. We do not want "activist judges" who make the law themselves do we?
    "We" don't. "We" didn't vote for any Messiah, either.

    However, "they" do, and they voted for their Messiah. Now their Messiah is appointing bigoted activist judges, as expected. Fortunately, this broad is replacing someone just like her, so nothing will change on the USSC. It's really a shame that a so-called Constitutional law perfessor could nominate a thing like her, but it's what we all expect from the Messiah.

    "We" expect is because we know the Messiah is a fraud and a enemy.

    "They" expect it because they are easily led and fairly stupid when it comes to the uses of the power they've granted their Messiah.

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    Re: Obama to pick Sotomayer for Supreme Court

    Quote Originally Posted by Redress View Post
    Again, this is as I understand it, and I may be mistaken(though I don't think I am).

    The way the law is written, whether the test is race neutral is determined by the result, ie if blacks do not do well on the test, the law says it is not race neutral.

    The whole case is stupid. I worry that no one is going to get what they should, and justice is not going to be served. I just am not sure that this is Sotomayer's fault.
    So you're saying that if a test is given on basic arithmetic, and too many blacks fail the test, it's the test that's the problem and not the fact that the blacks can't do arithmetic?

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    Re: Obama to pick Sotomayer for Supreme Court

    Quote Originally Posted by Scarecrow Akhbar View Post
    So you're saying that if a test is given on basic arithmetic, and too many blacks fail the test, it's the test that's the problem and not the fact that the blacks can't do arithmetic?
    That is entirely unlike what I wrote. You are intentionally bating, and I am not interested.

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    Re: Obama to pick Sotomayer for Supreme Court

    More from the ruling:

    Plaintiffs’ argument boils down to the assertion that if
    defendants cannot prove that the disparities on the Lieutenant
    and Captain exams were due to a particular flaw inherent in those
    exams, then they should have certified the results because there
    was no other alternative in place. Notwithstanding the shortcomings in the evidence on existing, effective alternatives,
    it is not the case that defendants must certify a test where they
    cannot pinpoint its deficiency explaining its disparate impact
    under the four-fifths rule simply because they have not yet
    formulated a better selection method.
    In other words, in this part, the plaintiffs case was weak.

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