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September 23, 2008
"Disparate impact." A deadly remedy for a misdiagnosis
Want to understand what happened? Ace has a very terse and cogent explanation: If the federal government were guaranteeing a trillion new dollars for no-money down car purchases with no credit checks or proof of employment or income, what do you think would happen to the price of cars?(Via Glenn Reynolds.) As to what caused the push for no-money down home sales with no credit checks or proof of employment or income, it's easy. I've lost track of the number of posts I've written about it. Ace singles out Barney Frank for especially harsh treatment, and while Frank is an insufferable fool, he's as replaceable as a piston ring. (As are "Chris Dodd, ACORN, Franklin Raines, Penny Pritzker, Jim Johnson, and of course Barack Hussein Obama.") The problem is the relentless push for socialism (a word few will use), which has done enormous damage to the economy by the simple misuse of a two word phrase: This is the legal doctrine behind much of the abandonment of standards in the name of "fair lending," but it is not limited to banking. It has come to permeate almost every aspect of business culture, and it is explained here: These [disparate impact] claims do not allege, and need not prove, that individuals were treated differently because of their race. Instead, it is enough to show that a neutral practice has a disproportionate effect -- that is, a disparate impact -- on some racial group.Whether it's real, intentional, discrimination does not matter. To illustrate the dishonesty of this doctrine, let me return to Ace's example of automobile sales. Suppose I decide to sell my used car, and I run an ad offering it for $10,000. Right there, I would be having a disparate impact on the people who did not have $10,000. (I realize none of them would complain, but be patient. I'm still a low level "operator.") Suppose I decide it would be easier to sell the car if I offer financing, but only to those "with approved credit." Another disparate impact. But still no one complains. Eventually, I sell the car, use the proceeds to buy another one, then two, then five, and ultimately I find myself renting an unused parking lot for the 500 or so cars I have accumulated as my inventory. At that point, my "discrimination" will begin to attract enough public attention that one of my hapless credit-unworthy "victims" (someone I've turned down) will find a lawyer, and claim that my credit practices (which had nothing to do with anything but covering my bottom line) have a "disparate impact" on a particular group of people to which he happens to belong. Sound unfair? You bet. But this same basic operating principle lies at the heart of the heart of the crisis. In an earlier post in which I discussed the abandonment of banking standards, an angry commenter came right back at me: Sorry, but that's a rather desparate attempt to blame this Republican generated disaster on minorities and liberals. Phil Gramm is the perp here, loosening the rules for the benefit of the financial sector, not so minorities could get loans. The worse part is that you know it and can't admit it.Ever trying to be reasonable, I replied thusly: My complaint is with the elimination of standards. (No one has refuted the claim that "if Freddie and Fannie had stuck to low-risk lending they would today not be needing any government bailout.")I'm thinking I was too gentle, because I failed to point out that the charge I was "blaming minorities" was grounded in a fundamental error. The "disparate impact" movement is not about minorities. It is not about racism. It is a lie. A lie grounded in labeling as "discrimination" things which are not. A lie promulgated and perpetuated by those who want to control the business sector. A lie which is always driven by the dishonest accusation that someone is guilty of discrimination. A lie backed by an ever present witch hunt mentality. I realize, though, that "lie" might have too inflammatory a ring to it for some readers. But I think most reasonable people can agree that "disparate impact" is at least an error in logic. I think it's a huge, tragic error. One for which we are all paying a very dear price. posted by Eric on 09.23.08 at 11:25 PM
Comments
Disparate Impact - The vast majority of folks being commonsensical; why doesen't anyone sue the NFL, NBA or NHL to make the point? Steve · September 24, 2008 06:47 AM Disparate Impact - The vast majority of folks being commonsensical; why doesen't anyone sue the NFL, NBA or NHL to make the point? Steve · September 24, 2008 06:47 AM Amazing the brilliant minds we have in Congress. Someone has no money, no job...but you have to lend them money. Mr. Bingley · September 24, 2008 10:26 AM Frank, Don't be so naive. Fascism is just nationalistic socialism. Dennis · September 24, 2008 11:01 AM Eric - I think what you are trying to touch on is that the democratization of credit that started in the early 80s extended to all forms of credit and then was blurred somehow into a race discrimination issue when i did not need to be. Combined with 20+ years of economic and productivity growth, this allowed banks to lower lending standards on a financial basis that put people from neighborhoods with median household incomes of 40K into mortgages of 400K. Plus, those banks got a nice pat on the back for extending loans to help "disadvantaged" areas. I love how some folks rail on the synergy of US corporations and the government but turn a blind eye to the blatant marriage of government and business in China. SOBL · September 24, 2008 11:24 AM You seem to have left out the Congressional Black Caucus. White guilt? M. Simon · September 24, 2008 02:07 PM Dennis: Frank · September 24, 2008 02:34 PM Frank...Dude! You're seeing things. Or, if you're an existentialist, you've been staring into the mirror too long. It doesn't take a conspiracy to see that our Congress has viewed this and other problems less than as insoluble and more as exploitable. When you derive benefit from the exploitation of populism, why would you ever want to solve problems that motivate the populace? I kinda think that Mussolini chap was a populist. I kinda thing a lot of things. But guys like Barry Goldwater as a populist? Kinda hard to imagine, no? For those of us who read books, mebbe you should try your "corporatism as socialism" somewhere else. Don't think so? A quick review of the Soviet Union's New Economic Policy may be in your future. Hey, that worked out alright. OregonGuy · September 25, 2008 12:51 AM Dude? And the sad thing about this is that the only voices of fiscal sanity like Ron Paul are marginalized by people like you and Eric, because they haven't bought into the neocon ideology. Are you people just one issue ideologues? Can't you see that the fiat house of cards is collapsing, and that no matter how much you perceive our security dependent on defeating Islamo-fascism, that a bankrupt country will eventually become helpless?
Frank · September 25, 2008 02:56 AM Post a comment
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Socialism?
I don't think so.
To quote D.R. Schoon in an editorial at the gold bug site, gold-eagle.com:
"Some are alleging that the US government’s accelerating bailout of banks, insurance companies et. al. is socialism. Although it is government intervention in extremis, such intervention in the markets does not constitute socialism.
"The bailout of investment banks and corporations by the US government is fascism; the control and intervention of government by corporate interests designed to further corporate and state control. The multi-trillion dollar state support of JP Morgan, AIG, Fannie Mae and Freddie Mac and now perhaps soon GM, Ford, and Chrysler is fascism, not socialism."
'Fascism should more appropriately be called corporatism because it is the merger of state and corporate power.'
Benito Mussolini, fascist dictator of Italy (1922-1943)