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JFWIW. With respect to disparate impact, it seems to me that those arguing for it being a meaningful measure of "racism" may be employing the post hoc, ergo propter hoc fallacy:

Proposition

1). If racism exists (it does), we'll see a disparity between the success of whites and blacks.

2). We do see a disparity between the success of whites and blacks.

3). Therefore, we see racism.

Falsification:

1). If Ford builds cars (Ford does) we'll see cars on the street.

2). We do see cares on the street.

3). Therefore, we see Fords.

The way to test for the truth of each of these examples is to look horizontally: wrt the question of "disparate impact," we should create a cohort of people who meet the definition of what is meant by disparate impact. Then, see what characteristics they have in common, irrespective of skin color.

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Ironic that the only real form of systemic privilege and discrimination today is related to academic cognitive gifts and education credentials (if you have them you are more easily in, if you don't you are looked down on and will have greater struggles), and yet it is those owning the these gifts and credentials are generally the same pushing the narrative of systemic racism as the explanation for why blacks have such poor socioeconomic outcomes (while ignoring the fact that Asian socioeconomic outcomes exceed those of whites).

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