Games People Play.

So Elizabeth Warren is Native American, eh?
Enough to count herself as a minority professor in the affirmative-action identification game, it seems. Who knew?

David Bernstein at Volokh reports:

My contribution to this controversy is that there seems to be some disingenuousness going on. Warren says that she could not “recall” ever listing her Native American background when applying for college or a job.

The old AALS Directory of Faculty guides are online (through academic libraries) at Hein Online. The directories starting listing minority faculty in an appendix in 1986. There’s Elizabeth Warren, listed as a professor at Texas. I spot-checked three additional directories from when she was a professor at the University of Pennsylvania, including 1995-96, the year Harvard offered her a position. Elizabeth Warren, Elizabeth Warren, Elizabeth Warren.

So, we know one thing with almost 100% certainty: Elizabeth Warren identified herself as a minority law professor. We know something else with 90%+ certainty: (at least some) folks at Harvard were almost certainly aware that she identified as a minority law professor, though they may not have known which ethnic group she claimed to be belong to, and it may not have played any role in her hiring.

But it gets even more interesting: once Warren joined the Harvard faculty, she dropped off the list of minority law faculty. Now that’s passing strange. When the AALS directory form came around before Warren arrived at Harvard, she was proud enough of her Native American ancestry to ask that she be listed among the minority law professors. (Or, in the unlikely even that she just allowed law school administrators to fill out the forms for her without reviewing them, they were aware that she claimed such ancestry, and she didn’t object when she was listed.) Once she arrived at Harvard, however, she no longer chose to be listed as a minority law professor.

Hmmm.