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The following is the blueprint for exactly what’s happened over the last four decades. It is very real. It presents all of us with precisely how the American working and middle classes have been screwed.Confidential Memorandum: Attack of American Free Enterprise SystemDATE: August 23, 1971TO: Mr. Eugene B. Sydnor, Jr., Chairman, Education Committee, U.S. Chamber of CommerceFROM: Lewis F. Powell, Jr.This memorandum is submitted at your request as a basis for the discussion on August 24 with Mr. Booth (executive vice president) and others at the U.S. Chamber of Commerce. The purpose is to identify the problem, and suggest possible avenues of action for further consideration.Dimensions of the AttackNo thoughtful person can question that the American economic system is under broad attack. This varies in scope, intensity, in the techniques employed, and in the level of visibility.There always have been some who opposed the American system, and preferred socialism or some form of statism (communism or fascism). Also, there always have been critics of the system, whose criticism has been wholesome and constructive so long as the objective was to improve rather than to subvert or destroy.But what now concerns us is quite new in the history of America. We are not dealing with sporadic or isolated attacks from a relatively few extremists or even from the minority socialist cadre. Rather, the assault on the enterprise system is broadly based and consistently pursued. It is gaining momentum and converts.Sources of the AttackThe sources are varied and diffused. They include, not unexpectedly, the Communists, New Leftists and other revolutionaries who would destroy the entire system, both political and economic. These extremists of the left are far more numerous, better financed, and increasingly are more welcomed and encouraged by other elements of society, than ever before in our history. But they remain a small minority, and are not yet the principal cause for concern.The most disquieting voices joining the chorus of criticism come from perfectly respectable elements of society: from the college campus, the pulpit, the media, the intellectual and literary journals, the arts and sciences, and from politicians. In most of these groups the movement against the system is participated in only by minorities. Yet, these often are the most articulate, the most vocal, the most prolific in their writing and speaking.Moreover, much of the media-for varying motives and in varying degrees-either voluntarily accords unique publicity to these “attackers,” or at least allows them to exploit the media for their purposes. This is especially true of television, which now plays such a predominant role in shaping the thinking, attitudes and emotions of our people.One of the bewildering paradoxes of our time is the extent to which the enterprise system tolerates, if not participates in, its own destruction.The campuses from which much of the criticism emanates are supported by (i) tax funds generated largely from American business, and (ii) contributions from capital funds controlled or generated by American business. The boards of trustees of our universities overwhelmingly are composed of men and women who are leaders in the system.Most of the media, including the national TV systems, are owned and theoretically controlled by corporations which depend upon profits, and the enterprise system to survive.Tone of the AttackThis memorandum is not the place to document in detail the tone, character, or intensity of the attack. The following quotations will suffice to give one a general idea:William Kunstler, warmly welcomed on campuses and listed in a recent student poll as the “American lawyer most admired,” incites audiences as follows:“You must learn to fight in the streets, to revolt, to shoot guns. We will learn to do all of the things that property owners fear.”2 The New Leftists who heed Kunstler’s advice increasingly are beginning to act — not just against military recruiting offices and manufacturers of munitions, but against a variety of businesses: “Since February, 1970, branches (of Bank of America) have been attacked 39 times, 22 times with explosive devices and 17 times with fire bombs or by arsonists.”3 Although New Leftist spokesmen are succeeding in radicalizing thousands of the young, the greater cause for concern is the hostility of respectable liberals and social reformers. It is the sum total of their views and influence which could indeed fatally weaken or destroy the system.A chilling description of what is being taught on many of our campuses was written by Stewart Alsop:“Yale, like every other major college, is graduating scores of bright young men who are practitioners of ‘the politics of despair.’ These young men despise the American political and economic system . . . (their) minds seem to be wholly closed. They live, not by rational discussion, but by mindless slogans.”4 A recent poll of students on 12 representative campuses reported that: “Almost half the students favored socialization of basic U.S. industries.”5A visiting professor from England at Rockford College gave a series of lectures entitled “The Ideological War Against Western Society,” in which he documents the extent to which members of the intellectual community are waging ideological warfare against the enterprise system and the values of western society. In a foreword to these lectures, famed Dr. Milton Friedman of Chicago warned: “It (is) crystal clear that the foundations of our free society are under wide-ranging and powerful attack — not by Communist or any other conspiracy but by misguided individuals parroting one another and unwittingly serving ends they would never intentionally promote.”6Perhaps the single most effective antagonist of American business is Ralph Nader, who — thanks largely to the media — has become a legend in his own time and an idol of millions of Americans. A recent article in Fortune speaks of Nader as follows:“The passion that rules in him — and he is a passionate man — is aimed at smashing utterly the target of his hatred, which is corporate power. He thinks, and says quite bluntly, that a great many corporate executives belong in prison — for defrauding the consumer with shoddy merchandise, poisoning the food supply with chemical additives, and willfully manufacturing unsafe products that will maim or kill the buyer. He emphasizes that he is not talking just about ‘fly-by-night hucksters’ but the top management of blue chip business.”7A frontal assault was made on our government, our system of justice, and the free enterprise system by Yale Professor Charles Reich in his widely publicized book: “The Greening of America,” published last winter.The foregoing references illustrate the broad, shotgun attack on the system itself. There are countless examples of rifle shots which undermine confidence and confuse the public. Favorite current targets are proposals for tax incentives through changes in depreciation rates and investment credits. These are usually described in the media as “tax breaks,” “loop holes” or “tax benefits” for the benefit of business. As viewed by a columnist in the Post, such tax measures would benefit “only the rich, the owners of big companies.”8It is dismaying that many politicians make the same argument that tax measures of this kind benefit only “business,” without benefit to “the poor.” The fact that this is either political demagoguery or economic illiteracy is of slight comfort. This setting of the “rich” against the “poor,” of business against the people, is the cheapest and most dangerous kind of politics.The Apathy and Default of BusinessWhat has been the response of business to this massive assault upon its fundamental economics, upon its philosophy, upon its right to continue to manage its own affairs, and indeed upon its integrity?The painfully sad truth is that business, including the boards of directors’ and the top executives of corporations great and small and business organizations at all levels, often have responded — if at all — by appeasement, ineptitude and ignoring the problem. There are, of course, many exceptions to this sweeping generalization. But the net effect of such response as has been made is scarcely visible.In all fairness, it must be recognized that businessmen have not been trained or equipped to conduct guerrilla warfare with those who propagandize against the system, seeking insidiously and constantly to sabotage it. The traditional role of business executives has been to manage, to produce, to sell, to create jobs, to make profits, to improve the standard of living, to be community leaders, to serve on charitable and educational boards, and generally to be good citizens. They have performed these tasks very well indeed.But they have shown little stomach for hard-nose contest with their critics, and little skill in effective intellectual and philosophical debate.A column recently carried by the Wall Street Journal was entitled: “Memo to GM: Why Not Fight Back?”9 Although addressed to GM by name, the article was a warning to all American business. Columnist St. John said:“General Motors, like American business in general, is ‘plainly in trouble’ because intellectual bromides have been substituted for a sound intellectual exposition of its point of view.” Mr. St. John then commented on the tendency of business leaders to compromise with and appease critics. He cited the concessions which Nader wins from management, and spoke of “the fallacious view many businessmen take toward their critics.” He drew a parallel to the mistaken tactics of many college administrators: “College administrators learned too late that such appeasement serves to destroy free speech, academic freedom and genuine scholarship. One campus radical demand was conceded by university heads only to be followed by a fresh crop which soon escalated to what amounted to a demand for outright surrender.”One need not agree entirely with Mr. St. John’s analysis. But most observers of the American scene will agree that the essence of his message is sound. American business “plainly in trouble”; the response to the wide range of critics has been ineffective, and has included appeasement; the time has come — indeed, it is long overdue — for the wisdom, ingenuity and resources of American business to be marshalled against those who would destroy it.Responsibility of Business ExecutivesWhat specifically should be done? The first essential — a prerequisite to any effective action — is for businessmen to confront this problem as a primary responsibility of corporate management.The overriding first need is for businessmen to recognize that the ultimate issue may be survival — survival of what we call the free enterprise system, and all that this means for the strength and prosperity of America and the freedom of our people.The day is long past when the chief executive officer of a major corporation discharges his responsibility by maintaining a satisfactory growth of profits, with due regard to the corporation’s public and social responsibilities. If our system is to survive, top management must be equally concerned with protecting and preserving the system itself. This involves far more than an increased emphasis on “public relations” or “governmental affairs” — two areas in which corporations long have invested substantial sums.A significant first step by individual corporations could well be the designation of an executive vice president (ranking with other executive VP’s) whose responsibility is to counter-on the broadest front-the attack on the enterprise system. The public relations department could be one of the foundations assigned to this executive, but his responsibilities should encompass some of the types of activities referred to subsequently in this memorandum. His budget and staff should be adequate to the task.Possible Role of the Chamber of CommerceBut independent and uncoordinated activity by individual corporations, as important as this is, will not be sufficient. Strength lies in organization, in careful long-range planning and implementation, in consistency of action over an indefinite period of years, in the scale of financing available only through joint effort, and in the political power available only through united action and national organizations.Moreover, there is the quite understandable reluctance on the part of any one corporation to get too far out in front and to make itself too visible a target.The role of the National Chamber of Commerce is therefore vital. Other national organizations (especially those of various industrial and commercial groups) should join in the effort, but no other organizations appear to be as well situated as the Chamber. It enjoys a strategic position, with a fine reputation and a broad base of support. Also — and this is of immeasurable merit — there are hundreds of local Chambers of Commerce which can play a vital supportive role.It hardly need be said that before embarking upon any program, the Chamber should study and analyze possible courses of action and activities, weighing risks against probable effectiveness and feasibility of each. Considerations of cost, the assurance of financial and other support from members, adequacy of staffing and similar problems will all require the most thoughtful consideration.The CampusThe assault on the enterprise system was not mounted in a few months. It has gradually evolved over the past two decades, barely perceptible in its origins and benefiting (sic) from a gradualism that provoked little awareness much less any real reaction.Although origins, sources and causes are complex and interrelated, and obviously difficult to identify without careful qualification, there is reason to believe that the campus is the single most dynamic source. The social science faculties usually include members who are unsympathetic to the enterprise system. They may range from a Herbert Marcuse, Marxist faculty member at the University of California at San Diego, and convinced socialists, to the ambivalent liberal critic who finds more to condemn than to commend. Such faculty members need not be in a majority. They are often personally attractive and magnetic; they are stimulating teachers, and their controversy attracts student following; they are prolific writers and lecturers; they author many of the textbooks, and they exert enormous influence — far out of proportion to their numbers — on their colleagues and in the academic world.Social science faculties (the political scientist, economist, sociologist and many of the historians) tend to be liberally oriented, even when leftists are not present. This is not a criticism per se, as the need for liberal thought is essential to a balanced viewpoint. The difficulty is that “balance” is conspicuous by its absence on many campuses, with relatively few members being of conservatives or moderate persuasion and even the relatively few often being less articulate and aggressive than their crusading colleagues.This situation extending back many years and with the imbalance gradually worsening, has had an enormous impact on millions of young American students. In an article in Barron’s Weekly, seeking an answer to why so many young people are disaffected even to the point of being revolutionaries, it was said: “Because they were taught that way.”10 Or, as noted by columnist Stewart Alsop, writing about his alma mater: “Yale, like every other major college, is graduating scores’ of bright young men … who despise the American political and economic system.”As these “bright young men,” from campuses across the country, seek opportunities to change a system which they have been taught to distrust — if not, indeed “despise” — they seek employment in the centers of the real power and influence in our country, namely: (i) with the news media, especially television; (ii) in government, as “staffers” and consultants at various levels; (iii) in elective politics; (iv) as lecturers and writers, and (v) on the faculties at various levels of education.Many do enter the enterprise system — in business and the professions — and for the most part they quickly discover the fallacies of what they have been taught. But those who eschew the mainstream of the system often remain in key positions of influence where they mold public opinion and often shape governmental action. In many instances, these “intellectuals” end up in regulatory agencies or governmental departments with large authority over the business system they do not believe in.If the foregoing analysis is approximately sound, a priority task of business — and organizations such as the Chamber — is to address the campus origin of this hostility. Few things are more sanctified in American life than academic freedom. It would be fatal to attack this as a principle. But if academic freedom is to retain the qualities of “openness,” “fairness” and “balance” — which are essential to its intellectual significance — there is a great opportunity for constructive action. The thrust of such action must be to restore the qualities just mentioned to the academic communities.What Can Be Done About the CampusThe ultimate responsibility for intellectual integrity on the campus must remain on the administrations and faculties of our colleges and universities. But organizations such as the Chamber can assist and activate constructive change in many ways, including the following:Staff of ScholarsThe Chamber should consider establishing a staff of highly qualified scholars in the social sciences who do believe in the system. It should include several of national reputation whose authorship would be widely respected — even when disagreed with.Staff of SpeakersThere also should be a staff of speakers of the highest competency. These might include the scholars, and certainly those who speak for the Chamber would have to articulate the product of the scholars.Speaker’s BureauIn addition to full-time staff personnel, the Chamber should have a Speaker’s Bureau which should include the ablest and most effective advocates from the top echelons of American business.Evaluation of TextbooksThe staff of scholars (or preferably a panel of independent scholars) should evaluate social science textbooks, especially in economics, political science and sociology. This should be a continuing program.The objective of such evaluation should be oriented toward restoring the balance essential to genuine academic freedom. This would include assurance of fair and factual treatment of our system of government and our enterprise system, its accomplishments, its basic relationship to individual rights and freedoms, and comparisons with the systems of socialism, fascism and communism. Most of the existing textbooks have some sort of comparisons, but many are superficial, biased and unfair.We have seen the civil rights movement insist on re-writing many of the textbooks in our universities and schools. The labor unions likewise insist that textbooks be fair to the viewpoints of organized labor. Other interested citizens groups have not hesitated to review, analyze and criticize textbooks and teaching materials. In a democratic society, this can be a constructive process and should be regarded as an aid to genuine academic freedom and not as an intrusion upon it.If the authors, publishers and users of textbooks know that they will be subjected — honestly, fairly and thoroughly — to review and critique by eminent scholars who believe in the American system, a return to a more rational balance can be expected.Equal Time on the CampusThe Chamber should insist upon equal time on the college speaking circuit. The FBI publishes each year a list of speeches made on college campuses by avowed Communists. The number in 1970 exceeded 100. There were, of course, many hundreds of appearances by leftists and ultra liberals who urge the types of viewpoints indicated earlier in this memorandum. There was no corresponding representation of American business, or indeed by individuals or organizations who appeared in support of the American system of government and business.Every campus has its formal and informal groups which invite speakers. Each law school does the same thing. Many universities and colleges officially sponsor lecture and speaking programs. We all know the inadequacy of the representation of business in the programs.It will be said that few invitations would be extended to Chamber speakers.11 This undoubtedly would be true unless the Chamber aggressively insisted upon the right to be heard — in effect, insisted upon “equal time.” University administrators and the great majority of student groups and committees would not welcome being put in the position publicly of refusing a forum to diverse views, indeed, this is the classic excuse for allowing Communists to speak.The two essential ingredients are (i) to have attractive, articulate and well-informed speakers; and (ii) to exert whatever degree of pressure — publicly and privately — may be necessary to assure opportunities to speak. The objective always must be to inform and enlighten, and not merely to propagandize.Balancing of FacultiesPerhaps the most fundamental problem is the imbalance of many faculties. Correcting this is indeed a long-range and difficult project. Yet, it should be undertaken as a part of an overall program. This would mean the urging of the need for faculty balance upon university administrators and boards of trustees.The methods to be employed require careful thought, and the obvious pitfalls must be avoided. Improper pressure would be counterproductive. But the basic concepts of balance, fairness and truth are difficult to resist, if properly presented to boards of trustees, by writing and speaking, and by appeals to alumni associations and groups.This is a long road and not one for the fainthearted. But if pursued with integrity and conviction it could lead to a strengthening of both academic freedom on the campus and of the values which have made America the most productive of all societies.Graduate Schools of BusinessThe Chamber should enjoy a particular rapport with the increasingly influential graduate schools of business. Much that has been suggested above applies to such schools.Should not the Chamber also request specific courses in such schools dealing with the entire scope of the problem addressed by this memorandum? This is now essential training for the executives of the future.Secondary EducationWhile the first priority should be at the college level, the trends mentioned above are increasingly evidenced in the high schools. Action programs, tailored to the high schools and similar to those mentioned, should be considered. The implementation thereof could become a major program for local chambers of commerce, although the control and direction — especially the quality control — should be retained by the National Chamber.What Can Be Done About the Public?Reaching the campus and the secondary schools is vital for the long-term. Reaching the public generally may be more important for the shorter term. The first essential is to establish the staffs of eminent scholars, writers and speakers, who will do the thinking, the analysis, the writing and the speaking. It will also be essential to have staff personnel who are thoroughly familiar with the media, and how most effectively to communicate with the public. Among the more obvious means are the following:TelevisionThe national television networks should be monitored in the same way that textbooks should be kept under constant surveillance. This applies not merely to so-called educational programs (such as “Selling of the Pentagon”), but to the daily “news analysis” which so often includes the most insidious type of criticism of the enterprise system.12 Whether this criticism results from hostility or economic ignorance, the result is the gradual erosion of confidence in “business” and free enterprise.This monitoring, to be effective, would require constant examination of the texts of adequate samples of programs. Complaints — to the media and to the Federal Communications Commission — should be made promptly and strongly when programs are unfair or inaccurate.Equal time should be demanded when appropriate. Effort should be made to see that the forum-type programs (the Today Show, Meet the Press, etc.) afford at least as much opportunity for supporters of the American system to participate as these programs do for those who attack it.Other MediaRadio and the press are also important, and every available means should be employed to challenge and refute unfair attacks, as well as to present the affirmative case through these media.The Scholarly JournalsIt is especially important for the Chamber’s “faculty of scholars” to publish. One of the keys to the success of the liberal and leftist faculty members has been their passion for “publication” and “lecturing.” A similar passion must exist among the Chamber’s scholars.Incentives might be devised to induce more “publishing” by independent scholars who do believe in the system.There should be a fairly steady flow of scholarly articles presented to a broad spectrum of magazines and periodicals — ranging from the popular magazines (Life, Look, Reader’s Digest, etc.) to the more intellectual ones (Atlantic, Harper’s, Saturday Review, New York, etc.)13 and to the various professional journals.Books, Paperbacks and PamphletsThe news stands — at airports, drugstores, and elsewhere — are filled with paperbacks and pamphlets advocating everything from revolution to erotic free love. One finds almost no attractive, well-written paperbacks or pamphlets on “our side.” It will be difficult to compete with an Eldridge Cleaver or even a Charles Reich for reader attention, but unless the effort is made — on a large enough scale and with appropriate imagination to assure some success — this opportunity for educating the public will be irretrievably lost.Paid AdvertisementsBusiness pays hundreds of millions of dollars to the media for advertisements. Most of this supports specific products; much of it supports institutional image making; and some fraction of it does support the system. But the latter has been more or less tangential, and rarely part of a sustained, major effort to inform and enlighten the American people.If American business devoted only 10% of its total annual advertising budget to this overall purpose, it would be a statesman-like expenditure.The Neglected Political ArenaIn the final analysis, the payoff — short-of revolution — is what government does. Business has been the favorite whipping-boy of many politicians for many years. But the measure of how far this has gone is perhaps best found in the anti-business views now being expressed by several leading candidates for President of the United States.It is still Marxist doctrine that the “capitalist” countries are controlled by big business. This doctrine, consistently a part of leftist propaganda all over the world, has a wide public following among Americans.Yet, as every business executive knows, few elements of American society today have as little influence in government as the American businessman, the corporation, or even the millions of corporate stockholders. If one doubts this, let him undertake the role of “lobbyist” for the business point of view before Congressional committees. The same situation obtains in the legislative halls of most states and major cities. One does not exaggerate to say that, in terms of political influence with respect to the course of legislation and government action, the American business executive is truly the “forgotten man.”Current examples of the impotency of business, and of the near-contempt with which businessmen’s views are held, are the stampedes by politicians to support almost any legislation related to “consumerism” or to the “environment.”Politicians reflect what they believe to be majority views of their constituents. It is thus evident that most politicians are making the judgment that the public has little sympathy for the businessman or his viewpoint.The educational programs suggested above would be designed to enlighten public thinking — not so much about the businessman and his individual role as about the system which he administers, and which provides the goods, services and jobs on which our country depends.But one should not postpone more direct political action, while awaiting the gradual change in public opinion to be effected through education and information. Business must learn the lesson, long ago learned by labor and other self-interest groups. This is the lesson that political power is necessary; that such power must be assidously (sic) cultivated; and that when necessary, it must be used aggressively and with determination — without embarrassment and without the reluctance which has been so characteristic of American business.As unwelcome as it may be to the Chamber, it should consider assuming a broader and more vigorous role in the political arena.Neglected Opportunity in the CourtsAmerican business and the enterprise system have been affected as much by the courts as by the executive and legislative branches of government. Under our constitutional system, especially with an activist-minded Supreme Court, the judiciary may be the most important instrument for social, economic and political change.Other organizations and groups, recognizing this, have been far more astute in exploiting judicial action than American business. Perhaps the most active exploiters of the judicial system have been groups ranging in political orientation from “liberal” to the far left.The American Civil Liberties Union is one example. It initiates or intervenes in scores of cases each year, and it files briefs amicus curiae in the Supreme Court in a number of cases during each term of that court. Labor unions, civil rights groups and now the public interest law firms are extremely active in the judicial arena. Their success, often at business’ expense, has not been inconsequential.This is a vast area of opportunity for the Chamber, if it is willing to undertake the role of spokesman for American business and if, in turn, business is willing to provide the funds.As with respect to scholars and speakers, the Chamber would need a highly competent staff of lawyers. In special situations it should be authorized to engage, to appear as counsel amicus in the Supreme Court, lawyers of national standing and reputation. The greatest care should be exercised in selecting the cases in which to participate, or the suits to institute. But the opportunity merits the necessary effort.Neglected Stockholder PowerThe average member of the public thinks of “business” as an impersonal corporate entity, owned by the very rich and managed by over-paid executives. There is an almost total failure to appreciate that “business” actually embraces — in one way or another — most Americans. Those for whom business provides jobs, constitute a fairly obvious class. But the 20 million stockholders — most of whom are of modest means — are the real owners, the real entrepreneurs, the real capitalists under our system. They provide the capital which fuels the economic system which has produced the highest standard of living in all history. Yet, stockholders have been as ineffectual as business executives in promoting a genuine understanding of our system or in exercising political influence.The question which merits the most thorough examination is how can the weight and influence of stockholders — 20 million voters — be mobilized to support (i) an educational program and (ii) a political action program.Individual corporations are now required to make numerous reports to shareholders. Many corporations also have expensive “news” magazines which go to employees and stockholders. These opportunities to communicate can be used far more effectively as educational media.The corporation itself must exercise restraint in undertaking political action and must, of course, comply with applicable laws. But is it not feasible — through an affiliate of the Chamber or otherwise — to establish a national organization of American stockholders and give it enough muscle to be influential?A More Aggressive AttitudeBusiness interests — especially big business and their national trade organizations — have tried to maintain low profiles, especially with respect to political action.As suggested in the Wall Street Journal article, it has been fairly characteristic of the average business executive to be tolerant — at least in public — of those who attack his corporation and the system. Very few businessmen or business organizations respond in kind. There has been a disposition to appease; to regard the opposition as willing to compromise, or as likely to fade away in due time.Business has shunted confrontation politics. Business, quite understandably, has been repelled by the multiplicity of non-negotiable “demands” made constantly by self-interest groups of all kinds.While neither responsible business interests, nor the United States Chamber of Commerce, would engage in the irresponsible tactics of some pressure groups, it is essential that spokesmen for the enterprise system — at all levels and at every opportunity — be far more aggressive than in the past.There should be no hesitation to attack the Naders, the Marcuses and others who openly seek destruction of the system. There should not be the slightest hesitation to press vigorously in all political arenas for support of the enterprise system. Nor should there be reluctance to penalize politically those who oppose it.Lessons can be learned from organized labor in this respect. The head of the AFL-CIO may not appeal to businessmen as the most endearing or public-minded of citizens. Yet, over many years the heads of national labor organizations have done what they were paid to do very effectively. They may not have been beloved, but they have been respected — where it counts the most — by politicians, on the campus, and among the media.It is time for American business — which has demonstrated the greatest capacity in all history to produce and to influence consumer decisions — to apply their great talents vigorously to the preservation of the system itself.The CostThe type of program described above (which includes a broadly based combination of education and political action), if undertaken long term and adequately staffed, would require far more generous financial support from American corporations than the Chamber has ever received in the past. High level management participation in Chamber affairs also would be required.The staff of the Chamber would have to be significantly increased, with the highest quality established and maintained. Salaries would have to be at levels fully comparable to those paid key business executives and the most prestigious faculty members. Professionals of the great skill in advertising and in working with the media, speakers, lawyers and other specialists would have to be recruited.It is possible that the organization of the Chamber itself would benefit from restructuring. For example, as suggested by union experience, the office of President of the Chamber might well be a full-time career position. To assure maximum effectiveness and continuity, the chief executive officer of the Chamber should not be changed each year. The functions now largely performed by the President could be transferred to a Chairman of the Board, annually elected by the membership. The Board, of course, would continue to exercise policy control.Quality Control is EssentialEssential ingredients of the entire program must be responsibility and “quality control.” The publications, the articles, the speeches, the media programs, the advertising, the briefs filed in courts, and the appearances before legislative committees — all must meet the most exacting standards of accuracy and professional excellence. They must merit respect for their level of public responsibility and scholarship, whether one agrees with the viewpoints expressed or not.Relationship to FreedomThe threat to the enterprise system is not merely a matter of economics. It also is a threat to individual freedom.It is this great truth — now so submerged by the rhetoric of the New Left and of many liberals — that must be re-affirmed if this program is to be meaningful.There seems to be little awareness that the only alternatives to free enterprise are varying degrees of bureaucratic regulation of individual freedom — ranging from that under moderate socialism to the iron heel of the leftist or rightist dictatorship.We in America already have moved very far indeed toward some aspects of state socialism, as the needs and complexities of a vast urban society require types of regulation and control that were quite unnecessary in earlier times. In some areas, such regulation and control already have seriously impaired the freedom of both business and labor, and indeed of the public generally. But most of the essential freedoms remain: private ownership, private profit, labor unions, collective bargaining, consumer choice, and a market economy in which competition largely determines price, quality and variety of the goods and services provided the consumer.In addition to the ideological attack on the system itself (discussed in this memorandum), its essentials also are threatened by inequitable taxation, and — more recently — by an inflation which has seemed uncontrollable.14 But whatever the causes of diminishing economic freedom may be, the truth is that freedom as a concept is indivisible. As the experience of the socialist and totalitarian states demonstrates, the contraction and denial of economic freedom is followed inevitably by governmental restrictions on other cherished rights. It is this message, above all others, that must be carried home to the American people.ConclusionIt hardly need be said that the views expressed above are tentative and suggestive. The first step should be a thorough study. But this would be an exercise in futility unless the Board of Directors of the Chamber accepts the fundamental premise of this paper, namely, that business and the enterprise system are in deep trouble, and the hour is late.Footnotes (Powell’s)Variously called: the “free enterprise system,” “capitalism,” and the “profit system.” The American political system of democracy under the rule of law is also under attack, often by the same individuals and organizations who seek to undermine the enterprise system.Richmond News Leader, June 8, 1970. Column of William F. Buckley, Jr.N.Y. Times Service article, reprinted Richmond Times-Dispatch, May 17, 1971.Stewart Alsop, Yale and the Deadly Danger, Newsweek, May 18. 1970.Editorial, Richmond Times-Dispatch, July 7, 1971.Dr. Milton Friedman, Prof. of Economics, U. of Chicago, writing a foreword to Dr. Arthur A. Shenfield’s Rockford College lectures entitled “The Ideological War Against Western Society,” copyrighted 1970 by Rockford College.Fortune. May, 1971, p. 145. This Fortune analysis of the Nader influence includes a reference to Nader’s visit to a college where he was paid a lecture fee of $2,500 for “denouncing America’s big corporations in venomous language . . . bringing (rousing and spontaneous) bursts of applause” when he was asked when he planned to run for President.The Washington Post, Column of William Raspberry, June 28, 1971.Jeffrey St. John, The Wall Street Journal, May 21, 1971.Barron’s National Business and Financial Weekly, “The Total Break with America, The Fifth Annual Conference of Socialist Scholars,” Sept. 15, 1969.On many campuses freedom of speech has been denied to all who express moderate or conservative viewpoints.It has been estimated that the evening half-hour news programs of the networks reach daily some 50,000,000 Americans.One illustration of the type of article which should not go unanswered appeared in the popular “The New York” of July 19, 1971. This was entitled “A Populist Manifesto” by ultra liberal Jack Newfield — who argued that “the root need in our country is ‘to redistribute wealth’.”The recent “freeze” of prices and wages may well be justified by the current inflationary crisis. But if imposed as a permanent measure the enterprise system will have sustained a near fatal blow.This is the infamous “Powell Memo”. It could hardly be clearer. The sad part here is that millions of American voters are complicit in this attack upon themselves. They’ve been storming the gates of their own little castles for almost forty years now. Wake the hell up!

The question falsely assumes that police are always at fault, even police have the right to due process. And, believe it or not, there are officers serving prison sentences for committing crimes while on duty, because they were found guilty beyond a reasonable doubt; just as any other person would.With regard to Trayvon Martin:Zimmerman and Racial ProfilingD. L. RobbCitizenship in a democratic republic brings with it the obligation to monitor, and express concerns with regard to, the actions of government representatives. However, we must be cognizant of the potential for tyranny of an uninformed populace, and the potential for demagoguery. As Eagleman[i] (2011) began his book on human cognition: “Man is equally incapable of seeing the nothingness from which he emerges and the infinity in which he is engulfed.—Blaise Pascal, Pensées.” And, he also stated, “Just because you believesomething to be true, just because you knowit’s true, that doesn’t mean it istrue” (p. 53).Multiple issues were raised following the unfortunate death of Trayvon Martin at the hands of George Zimmerman.Was racism involved?Was there political pressure to seek prosecution?Was the confrontation asymmetrical—man against boy?Is there evidence supporting self-defense on the part of Zimmerman?Did the “Stand Your Ground” law precipitate this incident?Was Zimmerman a rogue, self-appointed vigilante?Why does Racial Profiling exist?This essay does not attempt to answer all questions. However, it is an attempt to counsel for consideration of what can be determined and how it can contribute to an understanding of a verdict of not guilty; which is not an unequivocal judgment of innocence, but an acknowledgment that there is reasonable doubt as to guilt. What is needed is a dispassionate and objective view.Moreover, statistics (as unreliable as they sometimes are) indicate that racial profiling is not the primary threat to young Black men, that position is held by young Black men. The challenge is what can we do about that?Was racism involved?Zimmerman’s maternal grandmother, who helped raise him,was the son of an Afro-Peruvian great-grandfather. In 2004, Zimmerman entered into an insurance office partnership with an African-American (Francescani, 2012).In September 2011, Zimmerman sent an email message to the Sanford Police Chief (the same one later indicating a lack of probable cause in this case) expressing outrage over the police handling of an assault on a Black man by a relative of a White police lieutenant. This had been preceded by a public statement critical of this same incident at a public meeting in January 2011 (CNN, 2012).During his call to police prior to the contact with Martin, Zimmerman used the term “assholes," and indicated that they always eluded arrest, apparently referring to perpetrators of burglaries and robberies within his community, some of whom were identified as Black (Francescani, 2012).The testimony of a person that spoke to Martin prior to the confrontation with Zimmerman indicated that Martin stated the he was being followed by a “creepy-ass cracker” (abcnews, 2013).Was there political pressure to seek prosecution?The Sanford police chief stated that there was insufficient evidence to arrest Zimmerman (and subsequently stepped-down under pressure). And, the State’s Attorney initially assigned to the case declined to file charges against Zimmerman (Legum, 2012).The governor of Florida then appointed a special prosecutor, who chose to by-pass the Grand Jury process (Vamburkar, 2012). The special prosecutor has admitted submitting a defective affidavit that apparently omitted exculpatory information (Huckabee, 2013), failed to release photographs of Zimmerman’s injuries until after charges were filed, failed to provide exculpatory information to defense attorneys as required by law (Opinion, News, Analysis, Video and Polls, 2013), submitted a request for inclusion of lesser charges at mid-trial when faced with an apparent acquittal (Huckabee), and fired the employee who reported this failure to disclose required information to the defense attorneys (Opinion, News, Analysis, Video and Polls). Alan Dershowitz, a noted civil liberties attorney, a defender of civil rights, and the Felix Frankfurter Professor of Law at Harvard Law School, has called for the special prosecutor to be disbarred for the above acts. The special prosecutor also made a post-acquittal statement indicating guilt on the part of Zimmerman (Huckabee).After announcement of the state verdict, the U.S. Attorney General apparently implied that Zimmerman was guilty of something by describing the incident as a “tragic, unnecessary shooting” (Hallowell, 2013). Arguably, this statement could taint the pursuit of federal prosecution, not to mention amount to defamation of an acquitted individual. According to the American Bar Association (2012), Model Rules of Professional Conduct, Special Responsibilities of a Prosecutor:“Except for statements that are necessary to inform the public of the nature and extent of the prosecutor’s action and that serve a legitimate law enforcement purpose, refrain from making extrajudicial comments that have a substantial likelihood of heightening public condemnation of the accused.”(Rule 3.8 (f))Judge Jeanine Pirro stated the following:Almost every legal expert on both sides of the aisle agreed, in contrast to special prosecutor Corey, that the evidence presented by prosecutors was insufficient to convict. Which begs the question of whether the charges against George Zimmerman were proper or a capitulation to public pressure by the governor and that appointed state's attorney who continues to say that the public had a right to watch this trial as though it’s theater, as though criminal justice and evidence is about theater for the public’s interest. (realpolitics, 2013, n.p.)Scott (a 42-year-old Black male) confronted three young men reportedly engaged in vehicle burglary in a neighbor’s driveway in New York. Sixteen-year-old Cervini (a White person) reportedly charged Scott, who shot twice and killed him, even though Cervini made no physical contact with Scott. Scott was acquitted in 2009 (Hedeen, 2009). This is in spite of the facts that New York does not have a stand-your-ground law, and it is a general principle of law that the amount of force cannot be unreasonable (Gardner & Anderson, 2000). Presumably, most are unaware of this incident, as opposed to the Zimmerman/Martin incident.The NAACP has indicated that justice has not prevailed in this case (Novogrod, Winter, Connor, & McClam, 2013). And, there have been calls for changes in law to prevent recurrence of this incident (Trotta & Cotterell, 2013). Since the Magna Carta in 1215, our system of law has demanded credibility from witnesses. Subsequently, evaluation of physical and circumstantial evidence has enhanced our ability to judge guilt; and, our senses have been found to be frequently in error, for psychological and neurological reasons (Eagleman, 2011).In this case, according to the jury, there are insufficient credible witnesses, physical, and circumstantial evidence to overcome the beyond a reasonable doubt criteria. Changing the law to get past these purported deficiencies would violate the U.S. Constitution’s guarantee of due process of law prior to deprivation “of life, liberty, or property” (Amendment V, 1992).Was the confrontation asymmetrical—man against boy?The reasonableness of self-defense can be dependent upon the relative disparity of the participants, in addition to the determination of who initiated the assault (Gardner & Anderson, 2000). At the time of the incident, according to police reports, Martin was six feet tall and weighed 160 pounds, and Zimmerman was five feet nine inches tall and weighed 170 pounds (Tampa Bay Fl News | Connect to 10 News in Tampa, Sarasota, Clearwater, St. Petersburg, Florida | WTSP.com, 2012; Rogers, 2012).Photographs of Martin as a younger child were widely distributed, and may have shaped public perceptions (Allen, 2013).In 2005, Zimmerman’s insurance business failed, he was arrested for resisting arrest and battery on a plain-clothes alcohol control agent, and he avoided conviction by participating in a pre-trial diversion program. Also, Zimmerman’s first engagement ended with issuance of mutual restraining orders; although he remains married to another woman (Francescani, 2012).Evidence of Martin's drug use, school suspension, eviction from his mother’s home, possession of a firearm, and past fighting were judged not admissible in the trial (Schneider, 2013).Is there evidence supporting self-defense on the part of Zimmerman?A physician’s report disclosed that Zimmerman had a fractured nose, two black eyes, two lacerations on the back of his head, and a back injury on the day after the fatal shooting. Dr. Vincent Di Maio[ii], a forensic pathologist, testified that in his expert opinion, the wounds suffered by Zimmerman were consistent with the statements of Zimmerman (Alvarez, 2013a).Di Maio also testified that the gunshot wound suffered by Martin was consistent with the statement of Zimmerman. The examination of the clothing worn by Martin and the body of Martin indicate that Martin’s clothing was pulled away from the body, as would be expected if Martin had been straddling Zimmerman and leaning forward; and, the estimated distance of the gun muzzle from the clothing was consistent with Zimmerman’s account.Zimmerman ignored the advice of a police dispatcher to not follow Martin; although, Zimmerman claimed to have been returning to his vehicle when confronted by Martin, with prosecutors being unable to indicate otherwise (Alvarez, 2013b). It is not a criminal violation to follow another person, less any menacing remarks or behavior. And, “all people … may use deadly force, if necessary, to prevent imminent death or great bodily harm to themselves or others” (Gardner & Anderson, 2000). And, the distinction between a six foot tall child weighing 160 pounds, and an adult who is five feet nine inches tall and weighs 170 pounds is irrelevant in a rapidly unfolding confrontation.Did the “Stand Your Ground” law precipitate this incident?Included in the judge’s instructions to the jury was the advisement as to the parameters of the stand your ground law. However, Zimmerman’s defense team did not raise this issue. The self-defense claim was based on the inability of Zimmerman to retreat or otherwise prevent his own death or serious bodily injury (Zimmerman was reportedly on his back under Martin); and, although Zimmerman was injured, the Florida law does not require an individual to actually suffer injuries in order to claim self-defense, merely that it this reasonably likely (Alvarez, 2013b).Was Zimmerman was a rogue, self-appointed vigilante?Francescani (2012) provided a detailed description of the evolution of Zimmerman from passive resident to neighborhood watch captain, from being repeatedly menaced by a pit bull in the Fall of 2009; to June 2011, when multiple robberies within the community led the homeowners association to ask him to create a neighborhood watch. A Black neighbor indicated that demonstrators should recognize that, at the time of the incident, numerous crimes in that community had been committed by young Black males.Francescani is a Reuters journalist who provided a lengthy and fairly detailed review of Zimmerman’s background, and it is recommended reading (George Zimmerman: Prelude to a shooting).Why does Racial Profiling exist?Despite the fact that it has been established that there are more intra-racial biological differences than there are differences between races (Banton, 1998), there are cultural differences. Access to health care and education (as it pertains to diet and exercise) are apparent contributors to this situation. In recent decades, health differences between Blacks and Whites have decreased; however, gaps still exist.Hypertension, diabetes, and stroke are much higher in the U.S. Black population, and these ailments are acquired at a younger age (WebMD, 2011). Black men are 35% more likely to die of cancer than Whites, and the disparity for Black women is 18% (WebMD, 2007). In the U.S., Blacks, at about 14% of the population, account for 44% of the new HIV infections, with Black females having rate of infection 15 times higher than White females (WebMD, 2012). According to the U.S. Centers for Disease Control and Prevention, Blacks have a significantly shorter life expectancy; which is attributed to increased cancer, diabetes, heart disease, stroke, and murder (as cited in DeNoon, 2007).When factors contributing to the likelihood to be arrested for crimes are considered, racism must be included; however, there is statistical support for the argument that Blacks are more likely to engage in criminal behavior. Crime statistics are a relevant consideration in the arena of bias and reality, with about one in three Black males being convicted felons, as opposed to about one in 17 White males (statistics cited below). And, several variables are taken into consideration during the decision-making process regarding prosecution and sentencing; these include prior convictions, employment history, and education level. These considerations contribute to the determination of whether or not the individual will be a contributing member of society, or will return to criminal behavior if not prosecuted and incarcerated.Education plays a major role in employability, and employment can counteract pursuit of criminal activities. The national average for completion of high school by White students is about 75%, and the average for Black students is about 50% (Swanson, 2004). It seems possible that a lack of education, lack of cultural appreciation for education, and a lack of parental expectations perpetuate the problem of black crime; even though racial profiling is a prominent argument for this situation. Empirical research indicates a link between low socio-economic status, poor education, and anti-social behavior (Baron-Cohen, 2011). Lack of employment apparently stems from poor education, which may result in criminal behavior being needed to supply income.In addition to the contribution of familial socio-economic status to deviance, crime can be inter-generational. Studies of repeat offenders indicate that 37% have fathers with criminal records, while 8.4% have non-deviant fathers; and, and research indicates that juvenile delinquents eventually tend to parent deviant children. Moreover, divorce and separation rates are higher in Black homes, and these rates are significantly associated with murder rates (Siegel, 2006).Police must rely on the community as their eyes and ears in areas inaccessible to police in order to address criminal predation. The world of black music provides examples of the Black community’s failure to provide witness information that could reduce crime. Jam Master Jay, Biggie Smalls, and Tupak Shakur were murdered by unidentified perpetrators, and in all of these cases witnesses have been uncooperative. Likewise, rapper Busta Rhymes refused to cooperate after witnessing the murder of his bodyguard, as did 50 other witnesses (Hampson, 2006). Hampson also reported on the nation-wide “Stop Snitching” movement in the Black community. This billboard graced the Houston Montrose area in 2013:Based on then current incarceration rates, about 32% of Black males will be imprisoned during their lifetime, along with 5.9% of White males (Bureau of Justice Statistics, 2007). In 2005, one victim and one offender homicides were mostly intra-racial, about 93% for Black victims (with 49% of all homicide victims being Black) and 85% for white victims (Harrell, 2007). Black offenders accounted for more than 50% of the offenders arrested for murder and non-negligent manslaughter (U.S. Department of Justice, 2009). The 2000 census indicated that 77.1% of the U.S. population was White (Census, 2001a), and 12.9% was Black (Census, 2001b). And, Blacks on federal pretrial release had a significantly higher history of failures to appear for court hearings and engaging in escape behavior than Whites (Fennessy & Huss, 2013).Hickey (2006) reported on an extensive study that indicated that out of the 249 serial killers studied, 72% were White, 23% were Black, 3% were Hispanic, 1% were Asian, and 1% were “other.” Since more than 20% of the serial killers have been Black, there is an over-representation of Black serial killers. Hickey reported that, between 1995 and 2004, about 44% of identified serial killers were Black. Walsh (2005) reported serial killing ratios similar to those of Hickey, and commented on the mythological nature of the popular conception that serial killing is a White phenomenon. Hickey also reported that serial killing has been generally intra-racial; however, serial killers do kill people of other races.Safarik, Jarvis, and Nussbaum (2006) studied elderly female sexual homicide and their research population of offenders was found to be 44% White and 42% Black. Safarik et. al determined that, in their elderly female sexual homicide research, "Blacks offend interracially 77% of the time … and Whites only 4%" (p. 113).In attempting to maintain an empathetic frame of mind when interacting with minorities, one must acknowledge that being defensive due to past experience of discrimination has been empirically supported. Research on prejudice (in this case with Jewish males) has indicated that those who have been the subject of prejudice, or perceive that they have been subjected to prejudice, were reportedly more aggressive, sadder, more anxious, and more egotistical than those not perceiving such prejudice (Dion & Earn, 1981). In other words, once a person has been discriminated against, it is more likely that the person will be hypersensitive to perceived discrimination, possibly seeing it where it does not exist. And, more importantly, their perceptions of prejudice interfere with their accepting the culture of the majority group, and encourage differentiation in speech, fashion, and resistance to the adoption of majority group goals.Moreover, our brains are hardwired to be xenophobic (fearful and hateful toward strangers/foreigners or anything that is strange/foreign), according to Eagleman (2011). Therefore, people of different races, ethnicities, cultures, and religions are viewed with suspicion instinctively; and this suspicion can only be overcome by intentionally altering these subconscious reactions, facilitating conformity with societal expectations for acceptance of diversity.While this current discussion concerns self-defense in general, the greater implication concerns the criminal justice system. The problem with racial profiling is that it subjects innocent people to unwarranted suspicion and accusations. No matter what percentage of an identifiable group of people can be considered criminal, there is an additional, and apparently larger, percentage who cannot be considered criminal. And it is a violation of the civil rights of all of these people to make an assumption that is not based on evidence, as opposed to statistical or biased assumptions.It is a display of prejudice (pre-judgment of a person or act without facts of the particular situation) to make a statement such as that of President Obama with regard to the arrest of a Black professor (“Cambridge police acted stupidly,” as cited in Baichwal, 2010, para. 5); for, as the President later admitted, he was not in possession of all of the facts. And, it is a display of prejudice for police to confront minorities based only on the fact that they are minorities. An exacerbating factor to be overcome by police is the instantaneous nature of the decision-making process in the public safety arena.“The Fourth Amendment to the Constitution is interpreted by the Supreme Court that sets the legal standard for Use of Force in the United States. … The early application of a reasonable amount of force will result in less force having to be used; less injury to suspects, less injury to officers. … Officers have to use force that’s objectively reasonable based on the totality of the facts and circumstances confronting the officer at the time of the seizure. … Holding the officer to the least intrusive or minimal amount of force is a subjective standard. … Imposing such a requirement would inevitably induce hesitation by officers, and thus deter police from protecting the public and themselves. It would also entangle the courts in endless second guessing ofpolice decisions made under stress and subject them to exigencies of the moment. … The court went on to say that officers … do not have to avail themselves of the least intrusive means of responding to an exigent situation; only a reasonable one.” (Federal Law Enforcement Training Center, n.d.)Decades ago, the Supreme Court ruled that:The wholesale harassment by certain elements of the police community, of which minority groups, particularly Negroes, frequently complain, [n11] will not be [p15] stopped by the exclusion of any evidence from any criminal trial. Yet a rigid and unthinking application of the exclusionary rule, in futile protest against practices which it can never be used effectively to control, may exact a high toll in human injury and frustration of efforts to prevent crime. No judicial opinion can comprehend the protean variety of the street encounter, and we can only judge the facts of the case before us. Nothing we say today is to be taken as indicating approval of police conduct outside the legitimate investigative sphere. (Terry v. Ohio, 1968, para. 19)Presumably, the expectations of police officers as to the increased probability of Black people being engaged in illegal activities (as supported by available statistics) affects how they deal with Black people, hence the “driving while Black” scenario and the existence of racial profiling. Unfortunately, this fuels the negative responses of the Black community, perpetuating a negative spiral contributing to the arrest and incarceration statistics.This state of affairs cannot be cured by emotional calls for “justice” in this specific case. Subversion of due process by popular demand to conform with faulty perceptions is equivalent to vigilantism, nothing more.What must be done is to focus attention on altering the roots of the problem, the underlying precipitators of criminality, like low socio-economic status and low educational achievement, and ensuring equitable treatment and negating bias [color-blindly providing due process (equality under law, based on individual circumstances, not perceived equality of outcome)].This can be done in law enforcement by review processes that evaluate enforcement actions by requiring that officers specifically articulate the circumstances used to determine that an appropriate level of suspicion was reached, such that a reasonably prudent person drawing on relevant experience would agree, according to the U.S. Supreme Court (Terry v. Ohio, 1968), would reach the same conclusion. This is the current standard, and while it can be questioned by the public, it is not public opinion that determines the outcome.As Dr. King indicated, people must be judged on individual character, not skin color; and that includes those defending themselves.Daniel L. Robb, Ph.D.Special Agent, Retired, U.S. Department of Homeland SecurityPrivate Investigator and Personal Protection Officer (Texas License No. 15531)Certified by the Texas Commission on Law Enforcement, Peace Officer (inactive)Representative for Project ALERT (America’s Law Enforcement Retiree Team), a program of the National Center for Missing & Exploited ChildrenBoard Member & Past President, The Auxiliary to Texas Children’s HospitalConsultant: Texas Department of Family and Protective Services, and the Innocence Project of TexasFormer Adjunct Professor, American Public University SystemReferences:ABC News. (2013). Trayvon Martin's friend: 'Creepy-Ass Cracker' comment not racist. Retrieved from: Video: Trayvon Martin's Friend: 'Creepy-Ass Cracker' Comment Not RacistAlcindor, Y. (2013, July 10). Pathologist supports Zimmerman's description of attack. USA Today. Retrieved from: Pathologist supports Zimmerman's description of attackAllen, J. (2013, June 4). Trayvon Martin: How pictures have told his story. Trayvon Martin: How pictures have told his storyAlvarez, L. (2013a, July 9). Martin Was Shot as He Leaned Over Zimmerman, Court Is Told. The New York Times.Retrieved from: Martin Was Shot as He Leaned Over Zimmerman, Court Is ToldAlvarez, L. (2013b, July 12). Zimmerman Case Goes to Jury, With Defense Urging It to Remove Emotion. Retrieved from: Zimmerman Case Goes to Jury, With Defense Urging It to Remove EmotionAmerican Bar Association. (2012).Model rules of professional conduct. Retrieved from: Model Rules of Professional Conduct: Table of ContentsBaichwal, R. (2010, July 22). Obama comments on arrest of Harvard prof. Retrieved from: Obama comments on arrest of Harvard profBanton, M. (1998). Racial Theories (2nd ed.). Cambridge, UK: Cambridge University Press.Baron-Cohen, S. (2011). The science of evil: On empathy and the origins of cruelty. New York: Basic Books.Bureau of Justice Statistics. (2007). Criminal Offenders Statistics. Office of Justice Programs, U.S. Department of Justice. Retrieved from: Page on usdoj.govCNN. (2012, May 24). Tape showed Zimmerman's anger over black man's beating. Retrieved from: Tape showed Zimmerman's anger over black man's beating - CNN.comDeNoon, D. J. (2007, February 1). Black cancer death rate higher: Late diagnosis, less access to treatment cuts cancer survival for Blacks, report says. Retrieved from: U.S. Blacks Still Lag Whites in Life Expectancy: StudyDion, K. L., & Earn, B. M. (1981). The phenomenology of being a target of prejudice. In E. Aronson (Ed.), Readings about the social animal (3rd ed.) (pp. 281-292). San Francisco: W. H. Freeman. [Reprinted from The journal of personality and social psychology 32(5), 1975]Eagleman, D. M. (2011). Incognito: The secret lives of the brain, New York: Random House.Federal Law Enforcement Training Center. (n.d.). Use of force. Retrieved from: Page on fletc.govof forceFennessy, M., & Huss, M.T. (2013, January). Predicting success in a large sample of federal pretrial offenders: The influence of ethnicity. Criminal Justice and Behavior, vol. 40 no. 1, 40-56.Francescani, C. (2012, April 25). George Zimmerman: Prelude to a shooting. Retrieved from: George Zimmerman: Prelude to a shootingGardner, T. J., & Anderson, T. M. (2000).Criminal law: Principles and cases (7th Ed.). Belmont, CA: Wadsworth.Hallowell, B. (2013, July 15). Eric Holder speaks out on Zimmerman case: Trayvon’s killing an ‘unnecessary shooting’ and calls for ‘difficult’ national dialogue. Retrieved from: Eric Holder Speaks Out on Zimmerman Case: Trayvon’s Killing an ‘Unnecessary Shooting’ and Calls for ‘Difficult’ National DialogueHampson, R. (2006, March 29). Anti-Snitch Campaign Riles Police, Prosecutors. USA TODAY. Retrieved from: Page on amren.comHarrell, E. (2007, August). Special report: Black victims of violent crime. U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Statistics. Retrieved from: Page on usdoj.govHickey, E. W. (2006). Serial murderers and their victims. Belmont, CA: Thomson Wadsworth.Hedeen, M. (2009, December, 18). Jury Finds Roderick Scott Not Guilty. Retrieved from: TWC News - Rochester - Finger Lakes, BataviaHuckabee, M. (2013, July 14). Dershowitz: Zimmerman Special Prosecutor Angela Corey should be disbarred. Retrieved from: http://www.realclearpolitics.com/video/2013/07/14/alan_dershowitz_zimmerman_special_prosecutor_angela_corey_should_be_disbarred.htmlLegum, J. (2012, March 28). Sanford police recommended charging Zimmerman with Martin’s death, but police chief claimed ‘no probable cause.’ Retrieved from: Sanford Police Recommended Charging Zimmerman With Martin’s Death, But Police Chief Claimed ‘No Probable Cause’Novogrod, J., Winter, T, Connor, T., & McClam, E. (2013, July 13). Jury finds George Zimmerman not guilty. Retrieved from: Jury finds George Zimmerman not guiltyOpinion, News, Analysis, Video and Polls. (2013, July 14). Judge Jeanine Pirro rips Zimmerman Special Prosecutor Angela Corey. Retrieved from: http://www.realclearpolitics.com/video/2013/07/14/judge_jeanine_pirro_rips_zimmerman_special_prosecutor_angela_corey.htmlReinberg, S. (2013). U.S. Blacks still lag Whites in life expectancy: Heart disease, cancer and murder main contributors to four-year disparity, experts say. HealthDay. Retrieved from: U.S. Blacks Still Lag Whites in Life Expectancy: StudyRogers, K. (2012, March 28). George Zimmerman weighs 170#; Trayvon Martin 160#. Retrieved from: Page on examiner.comSafarik, M. E., Jarvis, J. P., & Nussbaum, K. E. (2006). Sexual homicide of elderly females: Linking offender characteristics to victim and crime scene attributes, in R. D. Keppel (Ed.). Offender profiling (2nd ed.) (pp. 107-125). Mason, OH: Thompson. (Reprinted from Journal of Interpersonal Violence, Vol. 17, No. 5, 2002. Sage Publications, Inc.)Schneider, M. (2013, May 23). New Trayvon Martin case evidence: Defense team releases photos, texts that teen had on his phone. Retrieved from: New Trayvon Martin Evidence Features Incriminating Photos, Texts From TeenSiegel, L. J. (2006). Criminology (9th Ed.). Belmont, CA: Thomson.Swanson, C. B. (2004). Who graduates? Who doesn’t? A statistical portrait of public high school graduation, class of 2001. Urban Institute. Retrieved from: Who Graduates? Who Doesn't?Terry v. Ohio. 392 U.S. 1. 67. (1968) Retrieved from: Terry v. OhioTrotta, D., & Cotterell, B. (2013, July 17). Zimmerman juror: Self-defense laws should be changed after Trayvon Martin killing. Retrieved from: Zimmerman Juror: Change The Law So This Doesn't Happen AgainU. S. Census Bureau. (2001a, August). The White Population: 2000. Census 2000 Brief. Retrieved from: Page on census.govU.S. Census Bureau. (2001b, August). The Black Population: 2000. Census 2000 Brief. Retrieved from: Page on census.govU.S. Constitution. (1992). Amendments to the Constitution of the United States of America.U.S. Department of Education. (2005, February 23). President's New High School Initiative, Other Proposed Programs Tackle Issues Important to Hispanics [Press Release]. Retrieved from: U.S. Department of EducationU.S. Department of Justice. (2009, September). 2008 Crime in the United States: Table 43: Arrests by race, 2008. Retrieved from: Page on fbi.govU.S. Department of Labor. (2008, February 1). Employment status of the civilian population by race, sex, and age. Retrieved from Table A-2. Employment status of the civilian population by race, sex, and ageVamburkar, M. (2012, April 9). State Attorney decides against using Grand Jury in Trayvon Martin case. Retrieved from: State Attorney Decides Against Using Grand Jury In Trayvon Martin CaseWalsh, A. (2005), African Americans and serial killings in the media: The myth and the reality. Homicide Studies, 9(4), 271-291. Retrieved from: Page on apus.eduWebMD. (2011). High blood pressure in African-Americans. Retrieved from: High Blood Pressure in African-AmericansWebMD. (2012). HIV and AIDS in African-Americans. Retrieved from: HIV and AIDS in African-AmericansTampa Bay Fl News | Connect to 10 News in Tampa, Sarasota, Clearwater, St. Petersburg, Florida | WTSP.com (2012, Mar 29). Trayvon Martin pictures shape our perception on the case. Retrieved from:Trayvon Martin pictures shape our perception on the case | wtsp.comTampa Bay Fl News | Connect to 10 News in Tampa, Sarasota, Clearwater, St. Petersburg, Florida | WTSP.com. (2012, March 29). Trayvon Martin pictures shape our perception on the case. Retrieved from:http://www.wtsp.com/news/article/247690/8/Trayvon-Martin-pictures-shape-our-perception-on-the-casefile:///C:/Users/D/Documents/Racism/ZimmermanAndRacialProfiling.docx#_ednref1[i] Dr. David Eagleman directs the Laboratory for Perception and Action and the Initiative on Neuroscience and Law, Baylor College of Medicine.[ii] Dr. Vincent Di Maio, is a forensic pathologist with more than 40 years of experience (editor-in-chief of the Journal of Forensic Medicine and Pathology, Professor--Department of Pathology at the University of Texas Health Science Center at San Antonio, and fellow of the National Association of Medical Examiners and the American Academy of Forensic Sciences), and author of Forensic Pathology and Gunshot Wounds: Practical Aspects of Firearms, Ballistics, and Forensic Techniques, among other works.(Images not supported by Quora)Dan Robb's answer to Where are the boundaries between racial, age, and gender profiling, prejudice, and prudence?What was the scientific experiment that revealed liberal racism and conservative color-blindness?http://www.quora.com/What-do-police-officers-think-about-how-the-police-department-in-Ferguson-MO-is-handling-the-aftermath-of-the-Brown-shooting/answer/Dan-Robb-2Dan Robb's answer to Why should I comply when a police officer says, "Get on the ground! Do it now!"?

Answer your question first: No!Standardized testing is big business. Every year Americans spend millions on the tests they are required to write in order to be evaluated for admission into undergraduate and graduate programs, and many millions more are spent on coaching schools in an attempt to raise scores. The testing companies, especially ETS, play a major role as gatekeepers to American higher education.How valid are test scores are predictors of grades? Do they have any validity as predictors of actual accomplishment? Are the tests biased against certain members of society? This essay will review the extensive critical literature on the subject of standardized tests in an attempt to answer these questions.The testing companies claim that test scores are useful when used to help predict grades. However, as the testing companies admit, a substantial body of research indicates that previously earned grades are the best single predictor of future grades. Standardized tests such as the GMAT and the SAT are only designed to predict first year grades, and their predictive power is not impressive.The degree of correlation between two variables, such as test scores and grades, is measured by a statistic called the correlation coefficient, which ranges in value from -1 to 1. A value of 1 indicates perfect positive correlation, and a value of zero indicates no correlation. The proportion of variation in one variable that is explained by variation in the other is given by the correlation coefficient squared, called "r-squared." Another interpretation of r-squared is the degree of improvement in prediction over pure guesswork that we gain by using one variable to predict the other.The SAT has the most predictive validity of the tests[1], with correlation coefficients ranging from .2 to .5 at most (R-squared ranging from .04 to .25). The correlation between weight and height is about .5. What sort of basketball team do you think you would have if all members were chosen only on the basis of their weight?But of course no school admits applicants on test scores alone. Previously earned grades are usually combined with scores, and no school is going to stop requiring applicants to submit grades. So the real question is: how much do predictions improve when test scores are added to grades?Crouse and Trushem, authors of The Case Against the SAT, argue that the improvement is so small it is meaningless. If first year grades are used as a measure of success, their figures show that using both class rank and SAT scores means only 1 to 3 % fewer errors in prediction than using class rank alone. If graduation from university is the standard, adding the test scores makes even less than 1% difference[2]Balance this tiny improvement in increased accuracy against the enormous cost imposed on students to write the SAT (currently $24), the GRE (currently $99) and the GMAT (currently $190), and the cost of test preparation (coaching schools cost between $400 and $1200). If admissions offices had to pay the fee required to write the test, would they show greater interest in test validity?And do the tests have any validity as predictors of actual accomplishment? Harvard psychologist David McLelland writes:"Thorndike and Hagen (1959), for instance, obtained 12,000 correlations between aptitude test scores and various measures of later occupational success on over 10,000 respondents and concluded that the number of significant correlations did not exceed what would be expected by chance. In other words, the tests were invalid... Holland and Richards (1965) and Elton and Shevel (1969) have shown that no consistent relationships exist between scholastic aptitude test scores in college students and their actual accomplishments in social leadership, the arts, science, music, writing, and speech and drama."[3]A more recent review of the literature appeared in a 1985 issue of the journal Research in Higher Education. Over eighty pages in length, it is one of the most exhaustive literature reviews on the question of test validity.The author Leonard Baird focused on studies completed between 1966 and 1984, reported in any of nineteen highly-regarded scholarly journals. In study after study many of the reported correlation coefficients were zero or near zero, and some studies even showed significant negative coefficients. Most striking, many of these negative correlations appear in the studies concerning the relationship between test scores and the number of publications and citations for graduates of PhD programs. For instance:"Clark and Centra studied two samples of doctoral recipients… The resulting sample consisted of 239 chemists, 142 historians, and 221 psychologists, all of whom had at least one GRE score. In chemistry, the correlation of number of articles and book chapters with GRE-verbal was -.02; with GRE-quantitative it was -.01; and with GRE-advanced it was .15… For all historians, these correlations were -.24, -.14, and .00. For all psychologists, the correlations were -.05, -.02, and .02.Clark and Centra also examined the distribution of number of publications by GRE scores. The distributions were essentially flat, with no particular trend. In fact, the largest number of publications was reported by the lowest scoring groups in all three fields(emphasis added)."[4]Another study mentioned used the number of citations to each sample member’s works as the criterion, for 6,300 doctorate recipients in mathematics/statistics, physics, chemistry, biochemistry, and psychology. Only the correlation in physics was significantly different from zero, at an impressive .10.[5]A small study of 47 PhD alumni of the industrial relations program at Carnegie-Mellon University used an index of research publications as the criterion (essentially the number of publications adjusted for quality). Baird writes that "Scores on standardized tests (GRE and the Admission Test for Graduate Study) did not discriminate within the range covered by the sample."[6]Correlations of zero and near zero may not surprise those of us who have always been skeptical of the value of multiple-choice tests. But what could explain the negative correlations? Research in the field of cognitive psychology provides some intriguing suggestions. Some researchers in cognitive psychology have divided the thinking process into at least two levels: a surface level concerned mostly with retrieving information, and a deep cognitive level involving the synthesis and analysis of a variety of sources of information in order to interpret that information, solve a complicated problem, or create something new. A 1994 study that examined the thinking styles of 530 students and their performance on the SAT suggests that standardized tests may penalize students that tend to favor deeper approaches to problem solving.The researchers found that the group that scored highest on the SAT tended to use more superficial thinking strategies than those who scored in the low and moderate ranges. Also, the lowest-scoring students employed the deep approach more often than the higher scoring students.[7] Of course some of the high scoring individuals may be extraordinarily capable, as they may possess some of the important qualities the tests fail to detect. But these studies strongly suggest that standardized tests fail to measure the qualities that are truly important, reward the ability to adopt a superficial style of thinking, and may in fact penalize many of the candidates with the deepest minds.This criticism of standardized tests is not new. Banesh Hoffman, professor of mathematics and former collaborator with Albert Einstein, made exactly this point in his 1962 book The Tyranny of Testing. According to Dr. Hoffman, it is the multiple-choice format that is to blame. "Multiple choice tests penalize the deep student, dampen creativity, foster intellectual dishonesty, and undermine the very foundations of education" he remarked in a 1977 interview. [8]What is it about multiple-choice tests that penalize the finer mind? Occasionally, individual questions are defective, with the wanted answer or all of the answers being incorrect. More frequently, questions are ambiguous so that more than one answer may be defended as plausibly being 'the best', and only those candidates with deep minds are likely to notice the ambiguity and be troubled by it. However, according to Dr. Hoffmann:"It is not the presence of defective questions that makes multiple-choice tests bad. Such questions merely make them worse. Even if all the questions were impeccable, the deep student would see more in a question than his more superficial competitors would ever dream was in it, and would expend more time and mental energy than they in answering it. That is the way his mind works. That is, indeed, his special merit. But the multiple-choice tests are concerned solely with the candidates choice of answer, and not with the reasons for his choice. Thus they ignore that elusive yet crucial thing we call quality." [9]The Myth of ObjectivityThe test makers call their multiple-choice tests 'objective' and would have us regard objectivity as a virtue. But the term 'objective', when applied to the tests, is really a misnomer. The objectivity resides not in the tests as a whole but merely in the fact that no subjective element enters the grading process once the key has been decided upon. Yet the choice of questions to ask, topics to cover, and the choice of format, that is, multiple-choice as opposed to essay-answer, are all subjective decisions. All 'objective' means, in the narrow technical sense, is that the same mark will be received no matter who grades the test. The chosen answer is simply judged as 'correct' or 'incorrect' in accordance with the key, no argument or rationale is permitted, and the grading can be done by computer. In this sense, all multiple-choice tests are "objective."But it is important to realise that saying a test is "objective" does not mean that the questions are relevant or unambiguous; nor does it mean that the required answers are correct or even "the best." Even more important, calling the tests "objective" does not mean that the tests are not biased. As discussed above, standardized tests may discriminate against many of the best candidates. It is more generally accepted that these tests are biased against women, minorities, and the poor.Bias can take many different forms. With women, test scores underpredict grades. Although women tend to score lower on standardized tests, they tend to earn higher grades in college.[10] At least one study has found the scores also underpredict grades for Hispanic students.[11]Bias against black students takes a different form. Although there is no clear evidence that test scores consistently underpredict the grades of black students, it seems that test scores are far less reliable predictors for black students. Or in other words, even more errors in prediction will be made for black than for white students. This form of bias is known as differential validity.Differential validity means that the tests do a better job predicting grades for some groups than for others. Attorney Andrew Strenio, in his 1983 book The Testing Trap, mentions the case of Larry P. v. Riles, which as fought because IQ test scores were being used to place a disproportiate number of black school children in remedial classes. Judge R.F. Peckham of the Northern District of California issued his ruling on October, 1979. Andrew Strenio writes:"Judge Peckham cited two studies of the relation of IQ scores to grades. The studies found a correlation (known as the r-value) of IQ scores to grades for white children of .25 in one case and .46 in the other. Those are low r figures to start with. But the r-values for the same test for blacks were even smaller: .14 and .20 in the two instances. In other words, to the limited extent these tests were able to predict, they did a better job on white children than black children. Judge Peckham wrote, ‘Differential validity means that more errors will be made for black children than for whites, and that is unacceptable.’"[12]Authors Block and Dworken, in their recent book The Shape of the River, also find that grades and test scores have less predictive validity for blacks than for whites. They find that for all students, an additional 100 points of combined SAT score is associated, on average, with a modest improvement of only 5.9 percentile points in class rank. However,"The relationship between SAT scores and predicted rank in class is , however, even ‘flatter’ for black students than it is for all students: an additional 100 points of combined SAT score is associated with a class rank improvement of only 5.0 points for black students."[13]Are the tests biased against the poor? Well, it depends on what you mean by "bias." The poor certainly do not score as highly on average as wealthy students. Over the last forty years SAT scores have been positively correlated with family income. Here is the relationship as of 1994: [14]Family Income Average SAT Score$30 - $40K /885$50 - $60K /929$70K + /1000(Sorry I got trouble uploading the chart.)So the SAT appears biased against the poor in the sense that the poor tend to score lower and therefore will be less likely to be admitted to the college of their choice. But, as is the case with black applicants, the test scores may have less predictive validity for the poor.Chuck Stone, former director of minority affairs at ETS, has testified that the value of the predictions about college performance varies according to the level of the score itself. Stone illustrated this point by saying that while the SAT-Verbal validity coefficeint is .48 for test takers scoring in the 90th percentile, the coefficient is only .17 for students in the 10th percentile.[15] So, it seems reasonable to conclude that the test is a less reliable predictor for the poor.And the situation may be even worse. Some of the coaching schools claim that they can raise scores by as much as 250 points, and their claim that coaching works have been verified by a number of independent studies.[16]Given that the cost of coaching varies from $500 - $1200, if coaching works then the existence of effective coaching school puts the poor at an even greater disadvantage.Not surprisingly, the testing companies deny that coaching can be more than marginally effective. ETS has said in official statements that "particular groups of students or particular programs have achieved average score gains as high as 25 – 30 points"[17] (emphasis added). This figure bears no relation whatsoever to the impressive gains from coaching reported in several independent studies. For instance, J.P. Zuman presented a paper at the annual meeting of the American Educational Research Association in April 1988. Using research from a Harvard University doctoral dissertation, he substantiated a 110 point average increase in SAT scores after test coaching by the Princeton Review.[18]Another study by the Federal Trade Commission found an average 50 point increase in scores from coaching, and concluded that ETS and College Board material for students did not accurately describe the real possibility of meaningful score gains from coaching.[19]So coaching adds to testing bias against the poor. John Katzman, founder of The Princeton Review, puts it this way. "Most of our kids are wealthy. Those are the kids who have an advantage to begin with. And we’re moving them up another level."[20]The Truth about ETSETS rightly recognizes that if coaching is effective, the value and validity of their tests are compromised. If short term coaching works, then the wealthy have an even greater advantage over the poor, and the predictive validity of the test becomes even more questionable. So why should ETS be interested in obscuring the truth?ETS calls itself a "testing service" instead of a company, and describes itself as a "non-profit" organization. So it would seem that ETS has no economic incentive to promote the use of it’s tests. But nothing could be farther from the truth.ETS is a revenue-hungry monopoly, probably the most powerful unregulated monopoly in America. People who wish to attend almost all undergraduate and graduate programs have no choice but to take its tests. ETS is indeed "non-profit" in the accounting sense that it has no shareholders. It was founded in 1947 by a grant from the Carnegie foundation, and pays no taxes. But ETS had revenues of $432 million in 1997, and these tax free revenues support a very comfortable life and generous salaries for its over 2,000 employees. The current president Nancy Cole made $339,000 in 1996 and had use of a manorhouse in Lawrenceville. Vice President Robert Altman received $358,000 that year; three other employees had salaries over a quarter million, and 749 employees exceeded $50,000.Forbes magazine called ETS "one of the hottest little growth companies in U.S. business" in 1976. In 1982 then-president Gregory Anrig started his term in office by commissioning a $500,000 strategic plan from management consultants Booz, Allen, & Hamilton. For the study Anrig divided ETS employees into a dozen "revenue growth teams" charged with identifying new opportunities for profits. Later, Anrig issued a Corporate Plan, calling for "corporate intelligence gathering, external relations and government relations focused to provide a positive climate and receptive clients for ETS marketing initiatives." Anrig’s plans for revenue growth seemed to have come true: total sales increased 256% form 1980 to 1995, from $106 million to $378 million. By June 1997, ETS was sitting on cash reserves of $42 million, even after spending millions on new property, buildings and equipment over the past few years. [21]Incidentally, despite having a mailing address in Princeton, New Jersey, ETS has no connection with Princeton University. Its luxurious headquarters, including tennis courts, a swimming pool and a private hotel, are in Lawrence Township, not Princeton. The Princeton mailing address is merely for public relations.And by the way, official denials that coaching is effective have not stopped ETS from running a nice line of business selling coaching material. ETS and its parent organization The College Board now sell over 218 books and manuals on test preparation, such as 10 Real SATs ("the only book with real SATs!"), The Official Guide for GMAT Review ("The Official Guide for GMAT Review is the starting point if you are serious about being a competitive MBA candidate" the back cover reads), the GRE: Practicing to take the General Test, and many others.Cost of TestingAlthough some schools have stopped using standardized tests, the fact remains that the vast majority of schools still require test scores. There are several reasons for this. First of all, from the schools’ perspective, the scores are completely free, and provide an easy way of sorting applicants. Examining evidence of actual accomplishment, such as samples of work, projects, and extracurricular activities is much more time consuming, and the use of cut-off scores to reduce the number of applications even considered allows colleges to make slightly less expensive admissions decisions. Since colleges do not pay for these tests, they have little incentive to examine test validity.Can this marginal benefit be balanced against the cost of testing? Test takers pay ETS over $300 million per year for the privilege of taking their tests and test takers who can afford it spend another $100 million on coaching courses. And this may only be the tip of the iceburg. These figures do not include the cost of testing at all levels of the educational system, and do not include the opportunity costs borne when teachers spend time giving students drills as preparation for tests. When such opportunity costs are factored in, American’s annual expenditure on state and local testing programs are staggering. In a 1993 study Walter Haney, George Madaus, and Robert Lyons estimated that American taxpayers are spending as much as $20 billion annually in direct payments to testing companies and in indirect expenditures of time and resources devoted to taking and preparing for standardized tests. [22]Defenders of standardized tests will often remark that the scores provide a common measure for applicants that come from widely different backgrounds. This is nonsense. Admissions officers already study individual high schools and colleges and adjust grades and class ranks accordingly. And an SAT score of 1100 for instance does not mean the same thing for candidates from different backgrounds. It means something different depending on the applicant’s sex, race, and whether or not the applicant’s high school offers test preparation classes.Some admissions officers will tell you that they are aware that the same score means different things for different applicants, and that they adjust scores accordingly. This is indeed a curious state of affairs; test scores that are meant to provide a common standard for applicants from different backgrounds are adjusted for differences in applicants’ backgrounds.As Bok and Bowen conclude [23], admissions committees need to abandon their narrow preoccupation with predicting first year grades, and focus on admitting those applicants that are likely to contribute the most to their field and to society. Samples of work, references, statements of purpose, and extra-curricular activities are all better indicators of future behavior than test scores.How can we justify the continued emphasis on standardized test scores as a criterion for admission to any program? Should admissions offices be more concerned with intellectual curiosity, demonstrated ability to do research, and the ability to write and think critically?Footnotes:1.ETS has published studies showing that the SAT-GPA correlation is higher than the average correlation between scores on the GMAT and grades in business school. See ETS, Test Use and Validity (Princeton, N.J., ETS, 1980), page 16.Also, according to ETS’s own data, the various GRE sub-tests (verbal, quantitative, analytical) do predict first-year grades, but the relationship is feeble. In studies of 1,000 graduate departments nationwide and 12,000 test takers, the GRE could account for just 9% of the variation in first year grades. In engineering departments, the GRE quantitative test explained 4% of the variation in grades. In graduate business schools, the GRE analytical test explained 6% of the variation in grades. See ETS, GRE Guide to the Use of Scores, 1998-1999 (Princeton, N.J., ETS).In 1995 Todd Morrison and Melanie Morrison wrote an article in the journal Educational and Psychological Measurement based on their meta-analysis of twenty-two studies covering more than 5,000 test takers from 1955 through 1992. They found that the combined GRE verbal and quantitative score could explain just 6 percent of the variation of grades of graduate students. They wrote:"The average amount of variance (in graduate grade point average) accounted for by performance on these dimensions of the GRE was of such little magnitude that it appears they are virtually useless from a prediction standpoint. When this finding is coupled with studies suggesting that performance on the GRE is age, gender, and race-specific … the use of this test as a determinant of graduate admission becomes even more questionable."The above quote is from Todd Morrison and Melanie Morrison, "A Meta-Analytic Assessment of the Predictive Validity of the Quantitative and Verbal Components of the Graduate Record Examination with Graduate Grade Point Averages Representing the Criterion of Graduate Success," Educational and Psychological Measurement 55, no. 2, April 1995, pages 309-316.2.James Crouse and Dale Trusheim, The Case Against the SAT (University of Chicago Press, 1988), pages 53-71.Crouse and Trusheim write:"When we use bachelor’s degree attainment as the yardstick, the results are even less impressive than when freshman grade success is the criterion. Indeed, correct forecasts increase only 0.1 per 100 by using the SAT with the 2.5 predicted GPA admissions standard and by 0.2 per 100 using the 3.0 predicted GPA admissions standard." (page 58)And it is important to note here that these findings do not result from a restricted range in test scores. Crouse and Trusheim write:"Our results do not, however, arise because of restricted ranges. Recently, ETS searched its Validity Study Service records for the College Board and found twenty-one colleges where the distributions of SAT scores and high school records are virtually identical to those for the over-all SAT taking population. In these carefully chosen colleges with unrestricted range for high school records and SAT scores, the optimal equation for predicting freshman grades using high school records and SAT scores is among the best we have seen…. If any data should show large benefits of the SAT, it should be these.Yet they do not. … the gains in freshman grades for the students selected with the SAT only average 0.03 on a four-point scale, again almost identical to the gains we report above." (Ibid, page 67)3.David McClelland, "Testing for Competence rather than Intelligence", appearing in The IQ Controversy, edited by Block and Dworken (Pantheon Books, 1976), page 49.4.Leonard L. Baird, "Do Grades and Tests Predict Adult Accomplishment?" Research in Higher Education 23, no. 1, 1985, page 25.5.Ibid, page 22.6.Ibid, page 22.7.Melissa Hargett, et.al, "Difference in Learning Strategies for High, Middle, and Low Ability Students Measured by the Study Process Questionaire", presented at the Annual Meeting of the National Association of School Psychologists, Seattle, March, 1994, ERIC Document 376 402.8.The Myth of Measurability, edited by Paul Houts, (Hart Publishing Company, 1977), page 202.9.Banesh Hoffman, The Tyranny of Testing, (Collier Books, 1962), page 92.10.Bridgeman, B., & Wendler, C. "Gender Differences in Predictors of College Mathematics Performance and in College Mathematics Course Grades". Journal of Educational Psychology, v.83, N.2, 1991.Clark, M.J., & Grandy, J. "Sex Differences in the Academic Performance of Scholastic Aptitude Test Takers", College Board Report, 84-88, New York: College Examination Board, 1984.11.Kanarek, E. A. "Gender Differences in Freshman Performance and their Relationship to Use of the SAT in Admissions". Paper presented at the Northeast Association for Institutional Research Forum, Providence, RI, October 1988.Rosser, P. "Sex Bias in College Admissions Tests: Why Women Lose Out" (4th ed.). Cambridge, MA; National Center for Fair & Open Testing, 1992.Pearson, B. "Predictive Validity of the Scholastic Aptitude Test (SAT) for Hispanic Bilingual Students". Hispanic Journal of Behavioural Sciences, v.15, N.3, August 1993.12.Strenio, Andrew, The Testing Trap (Rawson Wade Publishers, 1981), page 203.13.Bowen, William and Bok, Derek, The Shape of the River (Princeton University Press, 1998), page 75.14.Owen, David, ibid, page 227.15.Strenio, Andrew, ibid, page 135.16.Federal Trade Commission. Staff Report on the Federal Trade Commission Investigation of Coaching for Standardized Admission Tests. Boston Regional Office, April 1981.17.ETS, Taking the SAT, 1983, page 6.18.Zuman, J.P. The Effectiveness of Special Preparation for the SAT: An Evaluation of a Commercial Coaching School. Paper presented at the annual meeting of the American Educational Research Association, April 1988.19.Federal Trade Commission. Staff Report on the Federal Trade Commission Investigation of Coaching for Standardized Admission Tests. Boston Regional Office, April 1981.20.Owens, David, ibid., page 133.21.Sach, Peter, ibib. Page 228.22.Walter Haney, George Madaus, and Robert Lyons, The Fractured Marketplace for Standardized Testing, (Boston: Kluwer Academic Publishers 1993), page 95.23.Bowen, William and Bok, Derek, ibid, pages 276-286.References:The IQ Controversy, edited by Block and Dworken (Pantheon Books, 1976).Test Use and Validity, ETS (Princeton, N.J., 1980)The Testing Trap, Andrew Strenio (Rawson Wade Publishers, 1981)"Sex Differences in the Academic Performance of Scholastic Aptitude Test Takers", Clark, M.J., & Grandy, J. College Board Report, 84-88, New York: College Examination Board, 1984."Do Grades and Tests Predict Adult Accomplishment?", Leonard L. Baird, Research in Higher Education, Vol 23, No. 1, 1985.The Case Against the SAT, James Crouse, Dale Trusheim (U. of Chicago Press, 1988)."Gender Differences in Freshman Performance and their Relationship to Use of the SAT in Admissions", Kanarek, E. A. Paper presented at the Northeast Association for Institutional Research Forum, Providence, RI, October 1988."Gender Differences in Predictors of College Mathematics Performance and in College Mathematics Course Grades", Bridgeman, B., & Wendler, C. Journal of Educational Psychology, v.83, N.2, 1991."Sex Bias in College Admissions Tests: Why Women Lose Out (4th ed.)", Rosser, P. Cambridge, MA; National Center for Fair & Open Testing, 1992."Predictive Validity of the Scholastic Aptitude Test (SAT) for Hispanic Bilingual Students"Pearson, B.. Hispanic Journal of Behavioural Sciences, v.15, N.3, August 1993.The Fractured Marketplace for Standardized Testing, Walter Haney, George Madaus, and Robert Lyons(Boston: Kluwer Academic Publishers 1993)."Difference in Learning Strategies for High, Middle, and Low Ability Students Measured by the Study Process Questionaire", Melissa Hargett and others, presented at the Annual Meeting of the National Association of School Psychologists, Seattle, March, 1994, ERIC Document 376 402.None of the Above, David Owen (Rowman & Littlefield, 1999).Standardized Minds, Peter Sacks (Perseus Books, 1999).