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Disparate impact of Baltimore police practices and voter ID laws

  • 1.  Disparate impact of Baltimore police practices and voter ID laws

    Posted 10-03-2016 15:24

    Below is an item just published involving the statistical concepts addressed in materials I have posted here frequently, including my letters to ASA of October 8, 2015[1] and July 25, 2016.[2]

    “Misunderstanding of Statistics Confounds Analyses of Criminal Justice Issues in Baltimore and Voter ID Issues in Texas and North Carolina,” Federalist Society Blog (Oct. 3, 2016)

    http://www.fed-soc.org/blog/detail/misunderstanding-of-statistics-confounds-analyses-of-criminal-justice-issues-in-baltimore-and-voter-id-issues-in-texas-and-north-carolina

    The item explains that (a) contrary to the belief reflected in the Department of Justice report on police practices in Baltimore, MD, generally reducing adverse criminal justice outcomes will tend to increase the proportions African Americans make up of persons experiencing those outcomes and (b) contrary to the beliefs reflected in court decisions involving voter IDs requirements, less stringent requirements will tend to produce larger relative racial differences in rates of failing to meet the requirements than more stringent ones.

    The latter point should be borne in mind by those intending to participate in the voter ID studies discussed on ASA website.

    1. http://jpscanlan.com/images/Letter_to_American_Statistical_Association_Oct._8,_2015_.pdf
    2. http://www.jpscanlan.com/images/Letter_to_American_Statistical_Association_July_25,_2016_.pdf
    ------------------------------
    James Scanlan
    James P. Scanlan Attorney At Law
    ------------------------------


  • 2.  RE: Disparate impact of Baltimore police practices and voter ID laws

    Posted 10-04-2016 11:32

    In my opinion this article makes the serious error of interpreting relative rather than absolute differences in rates.

     

    Consider, "While lowering the cutoff reduced the percentage difference in pass rates, it increased the percentage difference in failure rates. The minority failure rate was initially 1.85 times (85 percent greater than) the white rate (37 percent/20 percent). With the lower cutoff, the minority failure rate would be 2.6 times (160 percent greater than) the white rate (13 percent/5 percent)." 

     

    I would argue that the important statistic here is reducing the difference from 17% to 8%.  Suppose we got the rates down to 3% and 1%. The minority failure rate would be THREE times greater, but the effect of the discrepancy  on their voting impact would be far less than when the difference was 37% versus 20%.

     

    Ed

     

    Ed J. Gracely, PhD
    Associate Professor
    Family, Community, & Preventive Medicine
    College of Medicine

    Associate Professor
    Epidemiology and Biostatistics
    Dornsife School of Public Health

    Drexel University
    2900 W. Queen Lane,
    Philadelphia PA, 19129
    Tel: 215.991.8466 
    | Fax: 215.843.6028
    Cell: 609.707.6965

    Egracely@drexelmed.edu
    drexelmed.edu  |  drexel.edu/publichealth

     


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  • 3.  RE: Disparate impact of Baltimore police practices and voter ID laws

    Posted 10-04-2016 12:42

    Mr. Scanlan:

    As far as I can tell, you have been pursuing for a quarter-century now a largely arithmetical point relating to the behavior of differences vs ratios, and not a truly statistical one. It has long been appreciated in epidemiology and medicine that absolute risks are much to be preferred over relative risks as inputs to decision-making. This principle is embodied, for example, in the concept of number needed to treat (NNT) that is so ubiquitous in medicine. Is there any reason you are not couching your advocacy in these plainly arithmetical terms? 

    Even the lay public freely disparage and chortle over the sensationalized reporting of our daily 'health scares', and are probably not too far away from understanding that this phenomenon is fueled in large part by a focus on relative comparisons of risks that are quite small in absolute terms. Certainly, they are frequently presented with helpful and readily accessible advice along lines such as this -- which was just one of the top links in an Internet search for "absolute vs relative risk".

    In professional policy circles, you should have no difficulty finding a receptive audience for an argument of this kind, presented in a generous (if critical) scientific spirit. It is in fact most characteristic of critical scientific discourse (as opposed to adversarial legal discourse), that one takes the trouble to assist one's 'opponents' (if we must use this term) in better articulating their arguments.

    If you believe your point is a truly statistical one -- related to randomness, sampling, and such matters -- then you might wish to employ statistical models and statistical graphics in an explicit way, to demonstrate what content your point has beyond mere arithmetic.

    ------------------------------
    David C. Norris, MD
    David Norris Consulting, LLC
    Seattle, WA



  • 4.  RE: Disparate impact of Baltimore police practices and voter ID laws

    Posted 10-04-2016 14:15

    Do we spend enough time in our introductory courses on interpreting proportion data? We typically present inferences for one proportion and the difference between two proportions and let it go at that. However when proportion data can be reported in a way as to make good outcomes look bad and bad outcomes look good, as Mr. Scanlan has pointed out on many issues of importance to society, then it is up to us to let our students know about it. Giving a name to a phenomenon, as Tukey often did, may help focus attention on the issue. Let me suggest "Scanlan's paradox" as a possibility.

    ------------------------------
    James Higgins
    Kansas State Univ



  • 5.  RE: Disparate impact of Baltimore police practices and voter ID laws

    Posted 10-04-2016 21:32

    Thanks for these comments.  A few responsive observations. 

    Regarding Ed Gracely’s point:   I am not making an error by discussing relative rather than absolute differences in rates.  My article is about what the Department of Justice and courts do.  Whether the DOJ and the courts are making an error is another matter. 

    But in arguing the greater importance of absolute differences with regard to appraisal of a demographic difference, one must be mindful of the ways absolute differences tend to be affected by the frequency of an outcome, as I explained in a Chance editorial more than decade ago, [1] and as I have explained in scores of places since then.  See, e.g., references 2-4.  In fact, my October 8, 2015 letter to the ASA mentions absolute differences 74 times.  See especially the discussion in reference 3 (at 337-339) about the way that reliance on absolute differences to measure healthcare disparities led Massachusetts to unwisely include a disparities element in its Medicaid pay-for-performance programs and to do so in a way that is likely to result in increased healthcare disparities (regardless of how they are measured). 

    Thus, the failure to understand that the two relative differences tend to change in opposite directions as the prevalence of an outcomes (and the fact that so many policies are based on the mistaken belief that reducing the frequency of an outcome will tend to reduce rather increase relative differences) are merely manifestations of the larger failure to recognize patterns by which all standard measures tend to be affected by the frequency of an outcome and implications of those patterns.  

    The key consideration for those thinking about broader issues (rather than the particular subject of my article) is that anything said about demographic difference is misleading if it fails to address the way the particular measure employed tends to be affected by the prevalence of the outcome.   

    Regarding David Norris’s points:   It may be that many people recognize shortcoming of reliance on large relative differences regarding rare outcome (though they seem all to do so without recognizing that the difference will tend to increase as the outcome becomes even rarer).  But the fact remains that billions of dollars are spent each year studying relative difference in favorable or adverse outcomes (as to numerous issues in the law and the social and medical science) including by highly reputed research institutions, and extremely important policy decisions and law enforcement policies are based on perceptions about relative differences.  All this occurs without any attention to the way the relative difference the observer happens to be examining tends to be affected by the prevalence of an outcome.  And, of course, in cases when the adverse outcome is examined, any understanding an observer may have about effects of the prevalence of an outcome typically is the opposite of reality. 

    (Similar issues, of course, apply to reliance on absolute differences, though in the case of absolute differences interpretations cannot turn on whether one examines the favorable or the adverse outcome and there is no widespread mistaken expectation as to the effect of the frequency of an outcome.)  

    Mistaken reliance on relative differences predominates even in epidemiology where subgroup effects are identified on the basis a departure from constant relative effect across different baseline rates (an approach that is illogical as well as unsound, as I discuss in reference 3 (at 339-34) and the October 2015 ASA letter (at 12-13). 

    In the view of most observers (including me), the number-needed-to treat (NNT), which is a function of the absolute effect of a factor on the outcome rate at issue, is the most important consideration in treatment decisions (though that is still a different matter from whether the absolute difference is a sound measure of association).  But as discussed in the introductory material to reference 5, it is standard practice, as recommended, for example, by Oxford's Center for Evidence Based Medicine and BMJ Clinical Evidence, to employ the relative effect observed in a clinical trial to calculate the NNT in a situation involving different baseline rates from that involved in the trial.  (Both of those entities rejected my suggestion that they modify this guidance, though the UK entity called Patient (patient.info) did appreciatively accept my suggested modifications.)  See also references 6 to 8. 

    Not being a statistician, I am not a good person to distinguish between arithmetic and statistics.  It’s all mathematics to me.  But the patterns I describe do not have to do with things like randomness or sampling error (save in that such factors will affect the consistency with which one will observe the patterns I describe).  Rather, the patterns I describe have to do with the fact that, in situations such as that reflected in Figure 1 of reference 9, as an outcome is increasingly restricted toward either end of the overall distribution each standard measure tends to change in a particular way.  One cannot draw conclusions about processes (or about the strength of the associations reflected by a pair of outcome rates) based on those standard measures without distinguishing the extent to which observed patterns are functions of the prevalence of the outcome and the extent to which they reflect something about underlying forces. 

    It may be that there are better ways, either as to tone or substance, of articulating my points than found, say, in my October 8, 2015, letter to ASA (or the letters to other entities collected in reference 10 or the workshops collected in reference 11).  I always welcome suggestions.  And I have received some useful ones (including from Dr. Norris).  But it is best when the are focused on particular illustrations that I do use.

    Regarding James Higgins’ kind comments about “Scanlan’s paradox”:  In the 2006 Chance editorial I used the term “heuristic rule X” or “HRX” to describe the pattern whereby the two relative difference tend to change in opposite as the prevalence of an outcome changes.  That caused researchers in the UK to term the pattern “Scanlan’s rule.”  That prompted me to create a web page by that name with numerous subpages.  So it is fair to say I promote the usage, though, I hope, not too aggessively.  But a problem with the usage or like shorthand terms for the pattern of relative differences is that the usage may detract from appreciation of the patterns by which absolute differences and odds ratios tend to be affected by the prevalence of an outcome. So there are really two rules, which in workshops I principally refer to as Interpretive Rules 1 and 2 (though the second is pretty complicated).   This is matter of increasing importance as more and more researchers rely on absolute differences to measure healthcare disparities (and various other things that used to be discussed in terms of relative differences) without recognizing the patterns by which absolute differences tend to change as the frequency of an outcome changes – or while mistakenly thinking that because the absolute difference is unaffected by which outcome one examines, it effectively addresses the problems I identify with the two relative differences. 

    Finally, a couple of observations about the relationship between the two relative differences and the absolute difference:  As the frequency of an outcome changes, the absolute difference tends to change in the same direction as the smaller relative difference (while the difference measured by the odds ratio tends to change in the opposite direction of the absolute difference and the same direction as the larger relative difference).  See figure 3 (at 22) of the October 2015 ASA letter.  Since in most contexts other than employment testing observers relying on relative differences commonly rely on the larger of the two relative differences (often without any thought to a second relative difference), there is a systematic tendency for observers relying on relative differences to reach opposite conclusion about such things as directions of change over time from observers relying on the absolute difference. 

    As discussed in reference 2 and 3 and the ASA October 2015 letter, recognition that the absolute difference and the relative difference the observer happens to be looking at have changed in opposite directions is increasing.  But it is still not widespread.  Many people analyzing demographic differences still seem entirely unaware that  measure other than the one they are using can (much less commonly will or in fact would do so in their study) yield a different results about direction of changes over time from the direction they have identified.  See references 12 and 13 for seemingly extreme situations though they may actually differ little from the standard, as discussed in the concluding pages of reference 3). 

    But even where observers have recognized that a relative difference and the absolute difference can yield (or have yielded) different conclusions about such things as directions of changes over time, they have invariably done so without seeming to realize that there is a second relative difference.  This has been the case even though, while all measures may change in the same direction (thus indicating a true change in the strength of the forces causing the outcome rates to differ), when a mentioned relative difference and the absolute difference have changed in different directions, the unmentioned relative difference will necessarily have changed in the opposite direction of the mentioned relative difference and the same direction as the absolute difference.  

    1. “Can We Actually Measure Health Disparities?,” Chance (Spring 2006)http://www.jpscanlan.com/images/Can_We_Actually_Measure_Health_Disparities.pdf 
    1. “The Mismeasure of Health Disparities,” Journal of Public Health Management and Practice (July/Aug. 2016)http://www.jpscanlan.com/images/The_Mismeasure_of_Health_Disparities_JPHMP_2016_.pdf
    1. “Race and Mortality Revisited,” Society (July/Aug. 2014) http://jpscanlan.com/images/Race_and_Mortality_Revisited.pdf
    1. “Misunderstanding of Statistics Leads to Misguided Law Enforcement Policies,” Amstat News (Dec. 2012)http://magazine.amstat.org/blog/2012/12/01/misguided-law-enforcement/
    1. Subgroup Effects subpage of the Scanlan’s Rule page of jpscanlan.com  http://jpscanlan.com/images/Subgroup_Effects_-_Interaction.pdf
    1. Re: The number needed to treat: a clinically useful measure of treatment effect. BMJ (Nov. 21, 2011) http://www.bmj.com/rapid-response/2011/11/21/re-number-needed-treat-clinically-useful-measure-treatment-effect
    1. Assumption of constant relative risk reductions across different baseline rates is unsound. CMAJ (Mar. 12, 2012) http://www.cmaj.ca/content/171/4/353.short/reply#cmaj_el_690714
    2. Re: Progress research strategy (PROGRESS) 4: Stratified medicine research.  BMJ. (Feb. 25, 2013) http://www.bmj.com/content/346/bmj.e5793/rr/632884
    3. “Divining Difference,” Chance (Fall 1994) http://jpscanlan.com/images/Divining_Difference.pdf
    1. http://www.jpscanlan.com/measurementletters.html
    2. http://jpscanlan.com/publications/conferencepresentations.html
    3. http://jpscanlan.com/measuringhealthdisp/spuriouscontradictions.html
    4. http://jpscanlan.com/measuringhealthdisp/ahrqsvanderbiltreport.html
    ------------------------------
    James Scanlan
    James P. Scanlan Attorney At Law



  • 6.  RE: Disparate impact of Baltimore police practices and voter ID laws

    Posted 10-05-2016 15:44

    Mr Scanlan:

    I'll take up your challenge to lay out an approach, in terms of the sort of problem you typically address, which might be more fruitful than lobbying the ASA to instruct the President of the United States (!) on an arithmetical principle.

    Typically, it seems your problem settings involve matters of social injustice, and common ways of measuring and responding to them. I suggest you try the following:

    1. From among the social injustice situations you have addressed in the past, select a case where you enjoy some common ground with your opponents. This would mean at least (i) agreeing that a social injustice does exist, and (ii) sharing your opponents' conviction that a policy response is morally desirable.
    2. Describe the causal factors in said social injustice, and clarify points where you and your opponents agree and disagree in this regard. If there are substantial disagreements about questions of causality, then you might revert to Step 1 and find a different social injustice situation. Or you might just note your points of disagreement but concede the causal picture to your opponents 'for the sake of argument' -- i.e., to enable you to proceed with the development of your arithmetical argument. 
    3. Having thus found common ground with your opponents on moral and causal matters, proceed to demonstrate the distinct policy scenarios entailed by your and your opponents' separate arithmetical proclivities. The strongest argument here would persuade your opponents that they would achieve morally superior results by abandoning relative risks in favor of absolute risks as guides of policy and measures of progress against injustice. If you make your argument well, your opponents will evaulate the policy consequences of their own arithmetic, compare the conequences of yours, and realize that yours result in morally superior results.

    If you should find you cannot get past Step 1, then you will have discovered that your true grievance is not of an arithmetical nature after all, but of an entirely different sort. In that case, you might do well to abandon an arithmetical principle ('HRX') that has enjoyed no apparent substantive formal development over several decades, as a sterile distraction from the more fundamental argument you ought to be advancing perhaps along philosophical lines.

    One of the strongest signs of a sterile theory is that it cannot support technical development. I have no doubt that HRX could be formalized quite readily, and am baffled that you have not pursued this course. If you don't do so in the next month or so, I may take up the matter myself sometime before the end of the year--either as a blog post, or something I submit to Chance or Significance. It is not inconceivable that such development will leave your HRX principle in a state that "puts it beyond use" (as they say in Northern Ireland) for the applications you seem to have been pursuing.

    To be sure, I am not dismissing the argument you have been making as utterly uninteresting. I am however deeply suspicious of its failure to develop formally and evolve technically. The sheer amount of verbiage involved is astounding for so straightforward a point.

    Kind regards,

    ------------------------------
    David C. Norris, MD
    David Norris Consulting, LLC
    Seattle, WA



  • 7.  RE: Disparate impact of Baltimore police practices and voter ID laws

    Posted 10-06-2016 16:10

    Dr Norris

     

    I am sure I am not following all the implications of this topic from the other side of the Atlantic. However, if I understand Mr Scanlan correctly, there are entities in the US that are being accused of prejudice, and maybe even prosecuted, on the basis of a questionable interpretation of ratios. I do not see how this can be passed over as a 'largely arithmetical point.' If Mr Scanlan is right, there is surely a problem which needs to be addressed. If he is not, someone should explain this to him.

     

    However, when you refer to the 'sheer amount of verbiage' I can only say amen to that. For heaven's sake, Mr Scanlan, please write shorter sentences, shorter paragraphs and shorter everything. If you make your points more concisely they will be much more effective. I am tempted, as Dr Norris is, to rewrite the argument in a form more accessible to statisticians, but I am not sure I understand it well enough to do it justice. This is largely because it reads like a series of legal submissions.

     

    I hesitated before joining in this debate, because I may be missing some vital point. If so, someone can tell me to butt out. I am basically sympathetic to Mr Scanlan, and I am concerned to see this amount of effort producing so little result.

     

    Peter B. Kenny

    Retired Statistician

     






  • 8.  RE: Disparate impact of Baltimore police practices and voter ID laws

    Posted 10-08-2016 13:51

    I have been looking again at my previous comment, and particularly at the second paragraph. I was intending to offer a helpful comment, but I now think I got it badly wrong. I apologise to Mr Scanlan, and to anyone else who was offended by my remarks.

     

    Peter B. Kenny






  • 9.  RE: Disparate impact of Baltimore police practices and voter ID laws

    Posted 10-06-2016 19:31

    With regard to Step 1, if one side perceives that a social justice exists, but their supportive evidence consists solely of misapplied "arithmetic" (as Dr. Norris might put it), then the one side's perception is almost surely false. Why should someone from the other side agree to falsehood?   

    ------------------------------
    Eric Siegel, MS
    Research Associate
    Department of Biostatistics
    Univ. Arkansas Medical Sciences



  • 10.  RE: Disparate impact of Baltimore police practices and voter ID laws

    Posted 10-10-2016 14:10
    Edited by David Norris 10-11-2016 16:49

    All:

    To transcend the squalor of this weekend's politics, I eschewed the news and sought to do something positive for our democracy. Accordingly, I have produced a Shiny app https://dnc-llc.shinyapps.io/ScanlanRule/ that I believe fully demystifies the 'Scanlan Rule'. [I feel compelled to note that the 'dnc' in the URL stands for 'David Norris Consulting', not the other 'DNC'! My aim here is to develop an objective, nonpartisan argument.]

    On working this through, I have concluded that the Scanlan Rule actually comprises two ideas.

    1. One part of the Scanlan Rule is the trivial, purely 'arithmetical' idea that for a rare adverse outcome, the group-wise proportions not experiencing the outcome will be close to unity, as will the ratio of these proportions. In the context of the Veasey v Abbott case (in connection with which Mr. Scanlan submitted an amicus curiae brief mentioned earlier in this thread), it would seem that this idea directs our attention to a ratio such as 91.9% : 98% = 0.938, for consideration alongside a ratio like 8.1% : 2% = 4. (Here, 8.1% and 2% are the estimated fractions of registered African-American and Anglo voters, respectively, who lacked ID meeting the requirements of Texas SB 14.) Thus, alongside a statement like "African-American voters are 4 times as likely to be disenfranchised by SB 14," we might be instructed to note, "but African-Americans achieve nearly 94% of the enfranchisement of Anglos under this bill."
    2. The second part is, I will grant Mr. Scanlan, a nontrivial claim. This is his claim regarding the limit of group outcome ratios as an adverse outcome becomes vanishingly rare. While nontrivial, this claim is also not true in general. Moreover, even when it is true it appears no more morally urgent than is the 'arithmetical' portion of Scanlan's Rule. The Shiny app linked above deals with this 'limit clause' of the Scanlan Rule by scaling the [adverse] outcome according to quantiles of a reference group. This allows the outcomes of other groups to be plotted as cumulative distributions relative to a 45-degree reference-group line. A uniformly disadvantaged group will lie above the reference group's 45-degree line, while a uniformly advantaged group (relative to the reference) will lie strictly below. One can also readily conceive of groups with 'mixed' experience, as e.g. with immigrant groups whose 1st generation may be held back by low capital (including social capital like language skills) but whose later generations are propelled by 'work-ethic'. (Similar, but generationally inverted, phenomena have been described in terms of 'health paradoxes' of immigrant groups whose later generations adopt unhealthy American dietary and other social norms.) The only constraint on comparison-group curves is that they be monotone increasing and run through points (0,0) and (1,1). The app implements a 2-parameter family of such curves, with sliders controlling the slopes at endpoints (0,0) and (1,1). While this family hardly exhausts the possibilities, it does permit enough free play to demonstrate cases where the 'limit clause' of the Scanlan Rule does not hold in general; try it yourself!

    Each population group in the app has a 'Scanlan Limit' relative to the reference group. Because the app's diagram shows this reference group as a 45-degree line, each comparison group's 'Scanlan Limit' appears on the figure as the slope of its curve at (0,0).

    Mr. Scanlan's discussions typically suggest a view of policy in terms of threshold-setting. While Mr. Scanlan usually discusses policy-setting relative to the whole-population rate of the outcome, I believe the app demonstrates that discussing it relative to a reference group's rate aids in the exposition. (Certainly, in the social justice applications of the Scanlan Rule, the comparisons will often be framed relative to such a reference group, presumed to enjoy a certain standard of justice that it is desired to extend to relatively disadvantaged groups.)

    I trust that this brief exposition will suffice for the statistical audience on this ASA Community. Time permitting, I will write a blog post aiming to make this more accessible to a nontechnical audience, and also more directly 'debunking' the Scanlan Rule as an argument against opposition to demographically targeted voting-rights restrictions and similar abuses.

    Kind regards,

    ------------------------------
    David C. Norris, MD
    David Norris Consulting, LLC
    Seattle, WA



  • 11.  RE: Disparate impact of Baltimore police practices and voter ID laws

    Posted 10-11-2016 10:09

    Dr. Norris:

    A few observations regarding your post of October 10, 2016.

    1. At issue is the pattern, inherent in other than highly irregular risk distributions, whereby the rarer an outcome the greater tends to be the relative difference in experiencing it and the smaller tends to be the relative difference in avoiding it. The patterns exist across the distribution and not merely at the tails of the distributions.

    It seems that earlier you were treating increasingly large relative differences as an outcome becomes rare as trivial, while now you are treating the increasingly small relative differences in the corresponding opposite outcome as that outcome becomes very common as trivial. In any case, I am not sure that it matters whether one treats either pattern (really the same pattern, see October 2015 ASA letter [1] (at 14 n.22) and slide 51 of the 2015 UMass Medical seminar[2]) as a trivial arithmetical pattern or an important statistical one.

    What seems important to me, however, is that virtually no one analyzing group differences in outcome rates seems to understand the effects of the prevalence of an outcome on measures of group differences in outcome rates. Also, important federal policies are based on the belief that reducing the frequency of outcomes like arrest, mortgage rejection, or suspension from school will tend to reduce relative differences in rates of experiencing the outcome. That is, the government’s belief is the exact opposite of reality. At least one federal statute also reflects that belief. See “Race and Mortality Revisited,” Society (July/Aug. 2014) (at 342).[3] And the government monitors the fairness of practices on the basis of the size of relative differences in adverse outcome at the same time that it encourages modification to practices that tend to increase those differences. So complying with government encouragements to reduce adverse outcomes tends to increase, not decrease, the chances that the government will sue one for discrimination.

    Also important to understand is that one cannot appraise any demographic differences or how policies affect those differences without understanding how the measures employed (including the absolute difference between rates) tend to be affected by the frequency of an outcome. That, however, may be a bit afield of your instant post, save in that one must understand that no moral question is involved. Rather, the question is what approach most accurately quantifies the differences in the circumstances of two groups reflected by their rates of experiencing some favorable or adverse outcomes.

    2. Your post notes that there is mention in the thread that I filed an amicus curia brief in connection with the case of Veasey v. Abbott. I cannot find that mention. In any event, I did not file a brief in the case. I did file an amicus curiae brief [4] in Texas Department of Housing and Community Development v. The Inclusive Communities Project, Inc. (Nov. 17, 2014) and mentioned that brief in the article that I posted at the beginning of this thread. Presumably that is what you’re thinking about.

    3. Skipping down a bit, your post observes that I “usually discuss[ ] policy-setting relative to the whole-population rate of the outcome” and suggests that your app shows that it is better to discuss the matter relative to the reference group’s rate. Assuming that I understand this point correctly, it would be more accurate to say, rather than that I “usually” discuss the matter with reference to the whole-population rate, that I “never” do it that way. When using test score data I always discuss the matter using the reference group rate as the benchmark for overall prevalence of an outcome on prevalence. See, e.g., the Harvard University letter (at 5) [5] and the 2008 ICHPS oral (at 3).[6] (See also Section A.8 of the Scanlan’s Rule page, [7]which explains why, though I speak of overall prevalence for shorthand, I actually focus on the rates of the group’s being compared without any interest in an overall rate ) That is what “cutoffs defined by the AG fail rate” means in Figures 1 through 3 of the October 2015 ASA letter or the scores of like figures in letters and conference presentations. See, e.g., Figures 1 through 3 of the UMass seminar. That is also what I meant by “[I]f the cutoff were lowered to the point where 95% of [the advantaged group] passes the test,” in the December 2012 Amstat News column.[8]

    Sometimes, without any reference to overall rates, I track the patterns according to objective indicators such as income level reflected by ratios of the poverty line (as in Table 1 and the figures in the 2006 Chance editorial [9] and Figure P.1 (slide 88) of the UMass seminar) or credit score (as in the figures in the March 4, 2013 letter to the Federal Reserve Board and its Appendix).[10] But the comparison is always between the disadvantaged group’s rate and advantaged group’s rate (save, of course, when explaining the impossibility of analyzing group differences based on a comparison of the proportion a group makes up of persons potentially experiencing an outcome and the proportion it comprises of persons actually experiencing the outcome, as in the September 12, 2016 letter to the Antioch Unified School District).[11]

    4. Turning to the app you created, I first note that it is akin to what I had in mind when in an email of July 26, I stated that “I wanted to be able to move a cursor across the x-axis of an illustration like Figure 1 (slide 23) of [the UMass seminar] and [have] the two ratios change as I move the cursor.” That figure, however, is based on distributions where the means differ by one standard deviation and my illustrations of changes in measures are commonly based on distributions where the means differ by half a standard deviation (as in Figure 1 of “Divining Difference” Chance (Fall 1994)).[12] An illustration like that produced by your app – but showing the patterns of changing rate ratios as one moves the cursor (with the larger figure in the numerator, see October 2015 ASA letter at 10 n.15) would be very useful for illustrating to policy makers that their beliefs about effects of generally reducing adverse outcome rates on relative differences in rates of experiencing those outcomes are incorrect. I hope you will consider creating such an app.

    Otherwise, however, I do not yet understand this illustration or the specifications underlying it at all well enough to know whether I think it has value or is pertinent to issue I address. Apparently you regard it as is showing that the pattern I describe (or what you perceive to be one of two patterns I describe, or some pattern that you divine from my illustrations though I do not actually mention) is “not true in general.” By that, I assume you mean “is not always true” rather “is generally not true.” I do not know whether such point is merely contradicting some supposed claim of mine that I say the patterns I describe will always be observed (see, October 2015 ASA letter (at 27) and the numerous other places going back to 1992 [13] where I explain that tendencies are tendencies) in which case the illustration would not be of value. Possibly, you are saying something else and that something else is something that I have not considered. But I am a long way from understanding that and whether there is a possibility that a point you make or demonstrate affects the points I make about the need to understand patterns by which measures tend to be affected by the prevalence of an outcome.

    I can say, however, in my view, the discussion of a very disadvantaged group and a somewhat disadvantaged group has nothing to do with the points I make about appraising differences in the circumstances of two groups reflected by their outcomes rates. Thus, I would suggest sticking with an advantaged and disadvantaged group for purposes of any point you are making about patterns I describe.

    1. http://jpscanlan.com/images/Letter_to_American_Statistical_Association_Oct._8,_2015_.pdf
    2. http://jpscanlan.com/images/Univ_Mass_Medical_School_Seminar_Nov._18,_2015_.pdf
    3. http://jpscanlan.com/images/Race_and_Mortality_Revisited.pdf
    4. http://jpscanlan.com/images/Scanlan_amicus_brief_in_Texas_Dpt_of_Housing_case.pdf
    5. http://jpscanlan.com/images/Harvard_University_Measurement_Letter.pdf
    6. http://www.jpscanlan.com/images/2008_ICHPS_Oral.pdf
    7. http://magazine.amstat.org/blog/2012/12/01/misguided-law-enforcement/
    8. http://magazine.amstat.org/blog/2012/12/01/misguided-law-enforcement/
    9. http://www.jpscanlan.com/images/Can_We_Actually_Measure_Health_Disparities.pdf
    10. http://jpscanlan.com/images/Federal_Reserve_Board_Letter_with_Appendix.pdf
    11. http://www.jpscanlan.com/images/Letter_to_Antioch_Unified_School_District_Sept._12,_2016_.pdf
    12. http://jpscanlan.com/images/Divining_Difference.pdf
    13. http://jpscanlan.com/images/American_Banker_4-27-92.pdf

    ------------------------------
    James Scanlan
    James P. Scanlan Attorney At Law



  • 12.  RE: Disparate impact of Baltimore police practices and voter ID laws

    Posted 10-11-2016 11:18

    Dr. Norris:

    Two brief follow-up points.

    First, there is a possibility that your finding that a pattern is not always observed even in a hypothetical illustrations may have something to do with I termed “irreducible minimums” in the Chance editorial and treat on a web page with that name.[1] But it would seem that such would have to be a specification of your model. So I may be way off there.

    Second, given your interest in this subject, it might be worthwhile for you to turn your attention to my explanation that a corollary to the pattern of relative differences I describe is a pattern whereby a factor that affects an outcome rate will tend to cause a larger proportionate change in the outcome for the group with the lower baseline rate while causing a larger proportionate change in the opposite outcome for the other group (as discussed in October 2015 ASA letter (at 12-13). See also my Subgroup Effects page and my comments on FDA and European Medical Association subgroup guidelines.[2-4] In my view, the best focus would be on whether my description of the pattern is correct and what are its implications regarding the analysis of subgroup effects and employing the reduction in risk observed in a clinical trial to calculate the number-need-to-treat in situations involving situations with baseline rates different from those in the clinical trial. 

    1. http://www.jpscanlan.com/measuringhealthdisp/irreducibleminimums.html
    2. http://www.jpscanlan.com/scanlansrule/subgroupeffects.html
    3. http://jpscanlan.com/images/Comment_on_FDA_Subgroup_Regulations_.pdf
    4. http://jpscanlan.com/images/Comment_on_EMA_Subgroup_Guidelines_.pdf

    ------------------------------
    James Scanlan
    James P. Scanlan Attorney At Law



  • 13.  RE: Disparate impact of Baltimore police practices and voter ID laws

    Posted 10-11-2016 12:05

    Mr. Scanlan,

    Thank you for correcting me on the factual question of the particular Texas court case to which your amicus curiae brief was directed. (I will presently attempt to remedy the original post by replying to it by way of addendum.)

    To help clarify what I now see as a 2-part Scanlan Rule, let me simply quote the phrasing you've just used, putting the trivial, arithmetical part in italics, and the nontrivial 'limit clause' in bold:

    "At issue is the pattern, inherent in other than highly irregular risk distributions, whereby the rarer an outcome the greater tends to be the relative difference in experiencing it and the smaller tends to be the relative difference in avoiding it. The patterns exist across the distribution and not merely at the tails of the distributions."

    Let me put aside the underlined portion for now, because this makes your Rule into an even stronger claim. If you like, we could distinguish a 'weak form' of the Scanlan Rule (addressing matters only in the limiting case where the outcome becomes rare) from a 'strong form' that includes the underlined claim applying regardless of outcome prevalence. (It is not uncommon in the sciences to speak of weak- and strong-form 'laws' or theorems, in which the stronger form logically implies the weaker. Suffice it to say, disproving the weak form of a claim also disproves any stronger claim.) I think only the weak form of the Scanlan Rule is properly parsed into what I have called 'arithmetical' and 'limit' clauses; the strong form actually reduces to a single, very strong claim that is easily disposed of [see below].

    One further part of the quotation above is worthy of notice. This is the claim of genericity made in the clause "inherent in other than highly irregular risk distributions". The rationale behind my graphical formulation in terms of cumulative distribution functions (as opposed to the density functions you have employed previously and seemed to have in mind in your July 26 email to me) is to facilitate examination of a larger family of distributions against which to test your claim of genericity.

    Mathematically, the claim made in the 'weak form' of your Rule translates to the assertion that the CDF of a disadvantaged population will be concave at the point (0,0) in my Shiny app. It is not difficult, even with the 2-parameter family of curves I provide in the app, to produce a disadvantaged population with a convex curvature at (0,0). The strong form of your Rule asserts that a line drawn from (0,0) to any point on the whole span of the disadvantaged population curve never intersects that curve more than once. This stronger claim is immediately disproved by the 'Mixed' population one sees in blue when the app loads.

    Kind regards,

    ------------------------------
    David C. Norris, MD
    David Norris Consulting, LLC
    Seattle, WA



  • 14.  RE: Disparate impact of Baltimore police practices and voter ID laws

    Posted 10-11-2016 12:16
    Edited by David Norris 10-11-2016 16:52

    Correction: In a message posted yesterday [above], I mistakenly identified the Veasey v Abbott case (relating to a Texas voter ID bill) as the target of an amicus curiae brief by Mr. Scanlan. In fact this brief was in relation to Texas Department of Housing and Community Development v. The Inclusive Communities Project, Inc., where he addressed the question Whether disparate-impact claims are cognizable under the Fair Housing Act.

    The Veasey v Abbott case was merely discussed by Mr. Scanlan in a blog post highlighted in his message which initiated this thread. I have edited the original message, striking out the incorrect statement.

    ------------------------------
    David C. Norris, MD
    David Norris Consulting, LLC
    Seattle, WA



  • 15.  RE: Disparate impact of Baltimore police practices and voter ID laws

    Posted 10-05-2016 13:15

    Mr. Scanlon's letters are one reason I keep checking this website. Fascinating reasoning.  

    ------------------------------
    Timothy Marvin



  • 16.  RE: Disparate impact of Baltimore police practices and voter ID laws

    Posted 10-11-2016 13:41
    Edited by Hoben Thomas 10-11-2016 15:35

    I think Dr. Norris is arrogantly and unfairly dismissive of
    Scanlan's work. What Norris appears to have produced
    with his app, is what in signal detection theory would be
    called an ROC curve, which plots the hits against the false
    alarms; under a standard normal shift model with
    the hit distribution right shifted to the false alarm
    distribution, the hits and false alarms are upper tail
    probability coordinate points. This is not what Scanlan is
    concerned about.
    What Scanlan is interested in, although he
    uses neither the notation nor the language of probability theory, which makes
    his work sometimes hard to parse, is the
    ratio of these tail areas, or risk ratios, and how these ratios change as the argument, x,
    changes. Risk ratio and their use are standard in say epidemiology, where both
    upper tail and lower tail ratios can be of focus. This is an area of Scanlan's concern.
    Norris appears to have ignored
    any literature or knowledge of work in the area.
    If he wants more rigor than Scanlan has provided,
    he can consult Lambert and Subramanian, Social Choice and Welfare, 2014, 43, 565-576. There
    he will find a stated but unproven theorem (p. 569) for positive random variables, which addresses
    Scanlan's rule. Note the stated theorem does not apply to normal densities.

    ------------------------------
    Hoben Thomas
    Pennsylvania State University



  • 17.  RE: Disparate impact of Baltimore police practices and voter ID laws

    Posted 10-11-2016 17:40
    Edited by David Norris 10-11-2016 20:29

    I thank Hoben Thomas for alerting me to the possibility that, due to its superficial resemblance to an ROC plot, the figure in my Shiny app https://dnc-llc.shinyapps.io/ScanlanRule/ might be misinterpreted as one. I believe that anyone who spends a few minutes actually using the app, however, will readily appreciate that the semantics of its 'Scanlan plot' are quite distinct from those of ROC plots. For example, a grounding concept of the ROC plot is the existence of a true binary state (say, aircraft/bird in an air defense radar or disease/not-disease in a clinical testing scenario) which it is desired to 'detect' by applying a cutoff to a continuous 'signal'. I do not believe there are such 'true state', 'detection' and 'signal' concepts in the Scanlan Rule, nor can any such construct be meaningfully extracted from the app's 'Scanlan plot'.

    The abstract of the Lambert & Subramanian paper reads as follows: 

    "Demographic disparities between the rates of occurrence of an adverse economic outcome can be observed to be increasing even as general social improvements supposedly lead towards the elimination of the adverse outcome in question. Scanlan (Chance 19(2):47–51, 2006) noticed this tendency and developed a ‘heuristic rule’ to explain it. In this paper, we explore the issue analytically, providing a criterion from stochastic ordering theory under which one of two demographic groups can be considered disadvantaged and the other advantaged, and showing that Scanlan’s heuristic obtains as a rigorous finding in such cases. Normative implications and appropriate social policy are discussed."

    While applying 'stochastic ordering theory' to this question would now seem unnecessary in light of the highly accessible geometric intuition presented in the app, I am indeed interested to learn what "normative implications" might be drawn and clearly articulated by Lambert & Subramanian.

    ------------------------------
    David C. Norris, MD
    David Norris Consulting, LLC
    Seattle, WA



  • 18.  RE: Disparate impact of Baltimore police practices and voter ID laws

    Posted 10-13-2016 05:53

    I think two recent contributions to this thread – Norris's app and Hoben Thomas's reference to the paper by Lambert and Subramanian (hereafter L&S) – make it possible to draw together the arguments into something that might command agreement. I am a bit hesitant, because in two areas I have incomplete information:

     

    a.      Norris does not give full details of the model underlying his app; he refers to a '2-parameter family of curves', but does not specify further.

    b.      I have not seen the full L&S paper – Springer charge serious money for a reprint, and I am retired – but using the 'Look inside' option enables us to read the first two pages, where L&S set out clearly what they intend to do.

     

    With this qualification, this is how I see it:

     

    L&S use stochastic ordering theory, specifically likelihood ratio ordering, to characterise what it means for one population group to be disadvantaged with respect to another group. They claim to prove that, with disadvantage so defined, Scanlan's rule is not a heuristic but  a well-founded truth.

     

    I think the L&S definition of disadvantage corresponds to what Norris calls 'uniformly disadvantaged' – at least in some hand-waving sense, and probably more rigorously.  I think the counter-examples to Scanlan's rule, which Norris says his app provides, do not arise in the 'uniformly disadvantaged' case. So perhaps Norris will accept that Scanlan's rule is valid for this case.

     

    It is not always clear what Scanlan has in mind, but his numerical examples based on mean-shifted distributions seem to correspond to some concept of uniform disadvantage. He does not discuss things in these terms, but it seems likely that he always intended his rule to apply to the case of uniform disadvantage.

     

    If the above is accepted by Scanlan and Norris, the remaining practical issue is whether 'uniform disadvantage' provides a good characterisation of the real-life cases that Scanlan refers to. I am not clear how often the cases of mixed disadvantage that Norris refers to could arise in real life. Most of Scanlan's cases seem to refer to African-Americans as the disadvantaged group; not being an American, I cannot say how realistic it is to refer to them as uniformly disadvantaged in the L&S sense. Probably nothing in real life will exactly match mathematical theory; the question is whether it fits well enough for practical purposes.

     

    That's my 2p worth. I hope it helps.

     

    Peter B. Kenny






  • 19.  RE: Disparate impact of Baltimore police practices and voter ID laws

    Posted 10-13-2016 11:02
    Edited by David Norris 10-13-2016 13:14

    I thank Peter Kenny for his effort to 'bridge the gap' here in a most helpful way, and for valuable feedback on the app.

    1. I have updated the app to more clearly illustrate how the 'Scanlan limit' and 'Elite ratio' sliders parametrize the 'Scanlan curves' of the comparison groups. The precise manner in which the curves are plotted out is irrelevant, although I'm glad to share the code. The important point is that these are proper CDFs, being monotone increasing and passing through points (0,0) and (1,1). The app now shows fine dotted tangent lines at the endpoints of the comparison-group CDFs. (Please consider that a more sophisticated user interface would dispense with sliders, and instead allow direct manipulation of these tangent lines.) 
    2. The focus Peter Kenny places on the 'uniform' (dis)advantage concept has helped me to realize that this word is not at all right. Accordingly, I have changed the default labels to "Strictly (dis)advantaged". To be quite formal about what I mean about these concepts, I'll say simply that the 'Scanlan curve' for a strictly disadvantaged group lies strictly above the reference-group line on the open interval (0,1). Thus, for any 'policy setting' that creates an adverse outcome for R% of the reference group and D% of a strictly disadvantaged group, we have D>R strictly. (And vice versa of course for a group that is strictly advantaged relative to the reference group with respect to the given policy question.)
    3. A counterexample to (i.e., disproof of) the 'weak form' of the Scanlan Rule can be had by loading the app with the defaults, and sliding the log10('Scanlan limit') slider for the strictly disadvantaged group down to 0.1 or 0.0; the group will remain strictly disadvantaged according to the above definition, yet the convexity at (0,0) will disprove the 'Scanlan rule'.
    4. Peter Kenny's expressed hope that the conversation can now move to the particulars of particular cases is most salutary. One reason I coined the term 'Scanlan limit' is to provide a means for challenging Mr. Scanlan on an objective basis in particular cases. We might now ask Mr. Scanlan for his estimate of the Scanlan limit in each particular case he engages with. (Anyone who takes his shifted normal densities at face value holds that the Scanlan limit for a disadvantaged group is typically +∞, which I plan to demonstrate is a most untenable position.) In any case, now that my app has made a geometric expression of the Scanlan Rule potentially accessible to a wide audience—and has shown this 'rule' in fact to be a fallacy—the Scanlan Rule can no longer be advanced as if it were a universal law governing "reality". Instead, the Scanlan Rule can now be advanced only as a 'rule of thumb', with its applicability in each specific case being debatable on the particulars. I predict most such debates will prove fatal for the Scanlan Rule.

    Kind regards,

    ------------------------------
    David C. Norris, MD
    David Norris Consulting, LLC
    Seattle, WA



  • 20.  RE: Disparate impact of Baltimore police practices and voter ID laws

    Posted 10-14-2016 13:46
      |   view attached

    [As this post is pretty long, I also attach it as PDF.  Since the PDF might be corrected, it is also available oneline: http://jpscanlan.com/images/Reply_to_David_Norris_on_ASA_Connect_Oct._14,_2016_.pdf  ]

    Dr. Norris:

                I would suggest that before you write anything further on this matter, you read "Race and Mortality Revisited"[1] and do so with the following in mind. 

                In the article I seek to explain why it is impossible to analyze demographic differences in outcome rates in a useful way without understanding the way the measures employed in analyzing those differences tend to affected by the prevalence of an outcome.  And, as I have pointed out in various places, it does not matter whether the measures behave exactly in accordance with the patterns I describe.  So long as the measures are in some manner affected by the prevalence of outcome, one cannot usefully appraise the differences in the circumstances of two groups reflected by their outcome rates – and whether, for example, such differences are increasing or decreasing or otherwise are larger in one setting than another – without attempting to take into account the way the measures used tend to be affected by the prevalence of an outcome.  

                With regard to law enforcement issues, it is especially important to understand that relaxing standards or otherwise reducing the frequency adverse outcome tends to increase, not decrease, relative differences in rates of experiencing the outcomes.   For example, the data in Table 1 of the 2006 Chance editorial [2] would seem to show conclusively that lowering an income requirement to secure some desired borrower outcome will tend to increase relative racial differences in failing to meet the requirement while reducing relative differences in meeting the requirement.  The government, however, believes that lowering an income requirement will tend to reduce relative differences in failing to meet the requirement.

                Thus, first things to consider are (1) whether anything you have been saying calls into question the essential validity of the points in "Race and Mortality Revisited" or raises issues about the importance of understanding the points it makes and (2) whether anything you are saying might suggest that the government is in fact correct as to the effects of generally reducing adverse outcome on relative differences in rates of experiencing those outcomes (or the proportion disadvantaged groups make up of persons experiencing the outcomes).    

                In "Race and Mortality Revisited" I also assert  that there have been no statistically sound analyses of demographic differences in outcome rates, at least by persons employing either of the two relative differences or the absolute difference between rates to analyze such differences.  For no such analyses have considered the implications of the patterns by which the measures employed tend to affected by the prevalence of the outcome examined.  And that holds for every institution in the world. 

                So a second thing to consider is whether anything you are saying calls the above proposition into question. 

                Further, and more concretely, in "Race and Mortality Revisited," Table 2 shows the ways reductions in poverty that remove from poverty the people who are just below the poverty line (as such reduction typically do) will tend to increase relative racial differences in poverty rates and reduce relative racial differences in rates of avoiding poverty.  (I interject that no beliefs about the relationship of distributions can contradict what such data show.)  Thus, I maintain that in times of declining poverty there can be no value whatever in studying why, for example, the relative racial difference in poverty increased without understanding the pattern reflected in the table (or why the white rate declined proportionately more than the black, which is a corollary to the increasing relative difference) without understanding the pattern reflected in the table.  And that of course holds even if the pattern shown in the table merely provides a benchmark as to the effects on measures of a reduction in poverty.  Same, of course, holds for the increases in poverty that will tend to reduce the relative differences in poverty rates.  And the same holds for the other measures shown in the table.

                Similarly, there is no value in opining (a) why having higher income tends to cause larger proportionate increases in black than white mortgage approval rates or (b) why having higher income tends to cause larger proportionate decreases in white than black mortgage rejection rates, without understanding the patterns discussed in "Race and Mortality Revisited."   The list goes on and on with regard to essentially everything said about demographic differences where observers have relied on one measure or another without understanding how the prevalence of the outcome affects the measure.  What value, for example, is there in opining about the mechanisms that cause British civil servants to show larger relative occupational differences in adverse health outcomes than the UK population at large without consideration of the fact that civil servants are a generally healthy group and without examining whether relative differences in the corresponding favorable outcomes are smaller among British civil servants than in the UK population at large?  And is there any value in pondering why relative racial difference in infant mortality are greater among the well-educated than among the less-educated without understanding the implications of the fact that infant mortality rates tend to be lower among the well-educated or without attention to the fact that relative differences in infant survival tend to be lower among the well-educated than the less-educated.

                Or, to take a matter utterly misunderstood when I addressed it 29 years ago [3] and that remains equally misunderstood today,[4] what possible value could there be in opining about why, during a particular period when poverty rates are generally changing, poverty is becoming more or less feminized without recognizing that – as is patently reflected in data in exactly the form the Census Bureau maintains it –  general decreases in poverty will tend to feminize poverty and general increases in poverty will tend to defeminize poverty?.   

                These are questions that one ought to be able to answer in usefully addressing my work.  The answers, however, ought all to be pretty obvious. 

                Further, it would be useful for you to know that every scholar who has considered the matter ­ – and the National Center for Health Statistics – has essentially agreed with my claim about the ways relative differences tend to change as the prevalence of an outcome changes, starting in the UK in 2005. [5,6]  Thus, for example, more than a decade ago NCHS statisticians recognized that because of the patterns I describe, determinations of whether health and healthcare disparities are increasing or decreasing would commonly turn on whether one examines relative differences in favorable outcomes health and healthcare  or relative differences in the corresponding adverse health and healthcare outcomes.  See "The Mismeasure of Health Disparities," Journal of Public Health Management and Practice (July/Aug. 2016) [7] as well as "Race and Mortality Revisited" on this score.  In this context, one must also ponder the value of a health disparities research regime where the CDC and AHRQ are unaware NCHS ever reached this conclusion and today are unaware that NCHS’s recent hardly-noticed reversal of guidance repudiated a decade of research based on its earlier guidance including all the National Healthcare Disparities Reports.

                It also would be useful for you to know that, in point fact, as the prevalence of outcomes has changed – or as is shown in things like life tables or NHANES data on systolic blood pressure and folate level – the observed patterns are pretty much in accord with the patterns I describe (even though there are factors at work, in the case of relative differences, mitigating the standard pattern as to one outcome and enhancing it as to other).  That is, for example, if there occurs a lessening in the difference between the circumstances of two groups during a period of general declines in such outcome (or, say, as the population ages), such lessening will tend to cause the relative difference in the adverse outcome to increase less than it otherwise would while causing the relative difference in the corresponding favorable outcome to decrease more than it otherwise would.  Of course, typically no one will know whether there has been such a lessening because they are unaware of the implications of the prevalence of an outcome on the standard measures employed to divine whether the differences between those circumstances are increasing or decreasing. 

                The patterns I describe will not always be observed, of course, as I have said again and again and again – and shown many examples of – for the last 25 years.  But it is not possible to interpret the meaning of observed patterns of changes in a measure (or the comparative size of a measure in different settings) without knowing the usual effects of the prevalence of an outcome on the measure.

    ***

                I will eventually address further whether, when you developed a program either to illustrate or refute the pattern termed Scanlan’s Rule (SR), you actually understood the pattern that I had been describing for close to three decades, as, say, illustrated in Figure 1 (at 13) of the October 2015 ASA letter,[8] including whether you then knew that I maintain that it is a pattern that exists across the entire distribution and have described it that way for over 25 years.  (That is, that serially lowering a test cutoff from the point where almost every fails to a point where almost every pass, will tend to increase the relative difference in the decreasing outcome and decrease the relative difference in the increasing outcome (test passage)). 

                 But you should look carefully at note 14 on page 10 of the letter and consider whether, in light of that note, one can possibly divide SR into trivial and non-trivial parts.  Whether or not one recognizes that there really is only one part viewed from two perspectives, if one part is trivial, certainly the other part is trivial as well.  I suggest that the division you created was not an interpretation of SR but something you developed at a time when you failed to understand SR as I envision it.    

                In July 2016 you contacted me saying that you had briefly scanned "Race and Mortality Revisited" and the July 2016 ASA letter[9] and thought you understood the key point, believing it to be sound, and wanted to suggest that I consider illustrating it graphically to assist the public and journalists in understanding it.  Neither of the items you looked at had graphical illustrations and you were apparently unaware of my numerous graphical illustrations, including in over 30 conference presentations or university methods workshops in North America and Europe.  I don’t think you then looked at the 2015 University of Massachusetts Medical School seminar [9] to which I provided a link or at the Lambert & Subramanian 2014 Madras School of Economics paper (a later development of the article brought to your attention by Hoben Thomas) to which I provided you a link.[10]  Nor was there any reason why you should have, since at that point you were simply doing me a favor.   

                But I gather that the only subsequent review of pertinent materials when you started posting on this thread  involved a read or perusal of my article posted at the beginning of this thread.

                A further exchange following your initial comment led to my request of October 6, which was quite specific.

    “It may be that there are better ways, either as to tone or substance, of articulating my points than found, say, in my October 8, 2015, letter to ASA (or the letters to other entities collected in reference 10 or the workshops collected in reference 11).  I always welcome suggestions.  And I have received some useful ones (including from Dr. Norris).  But it is best when the[y] are focused on particular illustrations that I do use.”

                I was eliciting view on how, for example, Figure 1 of the October 2015 ASA letter would fail to effectively convey its key points to persons of average intelligence.  Be mindful I am working from the experience of over 30 conferences and workshop, with responses from audiences and other presenters,  as well as interactions with editors who approved or suggested some of the illustrations (including that in "Divining Difference," Chance (Fall 1994)[12] as well as the 2006 Chance editorial).  But it seems to me that you did not refer to any of those materials to see, for the first time, my graphical illustrations or the many tables I use to illustrate the patterns (including Table 5 of "Race and Mortality Revisited, which is also Table 5 or the October 2015 ASA letter, and which is key element in my efforts to show that value judgments have no place in efforts to appraise the difference in the circumstances of two groups reflected by their rates (or the forces causing the rates to differ). 

                In any case, in purporting to respond to my request, you ignored its specifics.  Then, apparently unguided by an understanding of the patterns I described as reflected in my illustrations (or any other of my published work save for that just mentioned) and while still no more than briefly scanning "Race and Mortality Revisited"), you broke SR down into two parts.  One you considered to be trivial and the other you considered to be non-trivial and addressed in your app.  The non-trivial part was something never suggested by me and involved terms I did not even know (though probably I knew them when I took calculus 50 years ago).    

                The end result is something that by no means addresses whether one can measure demographic differences without consideration of patterns by which measures tend to be affected by the prevalence of an outcome and that does not at all enlighten me on the strengths or weaknesses of my illustrations of the patterns I want people to understand. 

    ***

                In any case, please read "Race and Mortality Revisited" and ideally a few other things, say, like the 2013 Federal Committee on Statistical Methodology paper[13] and the 2016 Journal of Public Health Practice and Management commentary.   Read the FCSM paper with special attention to its Table 3, at 17, keeping in mind that in the case where the authors found a very large increase in disparity in reliance on NCHS guidance, the NCHS would now say that it was very large decrease in disparity.   And peruse a few of the 100 or so web pages I have discussing, among other things, nuances of the patterns as they appear in actual data.  Such pages may usefully inform you as to things you might not have figured out on your own as well as to the scope of research that is undermined by the patterns I describe.  Consider, for example, whether it is useful to know that researcher will examine in the same study such things as changes in (a) relative differences rates of receiving no immunization and (b) relative differences in rates of full immunization, while not understanding the reasons that general increases in immunization will tend to increase the former and reduce the latter. 

                Also, please examine my discussions of why what I term “irreducible minimums” and others call “minimum achievable levels” will tend to cause certain patterns I describe not to be observed as outcomes approach those minimums .   See especially such discussion in "Race and Mortality," Society (Jan. Feb. 2000),[14]  the 2006 Chance editorial,[2] the 2006 British Society for Populations Studies paper,"[15] Race and Mortality Revisited," and my Irreducible Minimums [16] and Solutions web pages.[17]  I do not believe they involve the same issue addressed in your app.  But they are treatments of which you should be aware in treating the things addressed in the app.  The issue is one of the many things I point to in order to explain why, merely being a tendency, SR will not always be observed.

                I suggest that it is also worthwhile to consider whether, as I claim, irrespective of SR (but for reasons suggested by SR), as discussed in "Race and Mortality Revisited" (at 339) and October 2015 ASA letter (at 12-13), the rate ratio is an illogical measure of association.  The ultimate purpose of SR is not to predict patterns of relative differences.  It is to show why relative differences are not useful measures.

                I don’t know how reading "Race and Mortality Revisited" or the other materials will affect your characterization of Scanlan’s Rule.  But I think that, however you characterize it, and even if you believe you have somehow disproved it, the fact will remain that it is not possible to analyze group differences without understanding SR as I have articulated it or knowing such more precise variation on it as may be divined in nature.  And certainly one cannot draw sound inferences about processes on the basis of the comparative size of two relative differences without knowing that the relative difference as to the opposite outcome tends to (or in fact does) support an opposite inference.  That holds in any case, but it holds especially in the circumstances where researchers talk about changes in relative differences in survival while in fact analyzing relative differences in mortality,  and without having any idea that the two will often/commonly/sometimes (or did in fact) change in opposite directions – and without imagining that that is even possible.[18]

                Similarly, the manner in which one characterizes Scanlan’s Rule hardly obviates the need for the federal government to understand that its belief about the effects or reducing adverse outcomes on relative differences in rates of experiencing them is the opposite of reality.  I add here that one cannot ignore that, in accordance with the patterns I describe, all across the country school districts that have been relaxing standards to reduce relative racial differences in suspensions and finding that such differences are increasing.  Presumably, in many places where there is concern about the role of discrimination in these differences, persons are assuming that, since the reductions should have reduced the relative differences,  the fact that they have increased must suggest worsening discrimination.  That is a hardly an unreasonable inference given the standard belief about the way reductions should affect relative differences.  But it is an unfounded inference given those effects as they actually tend to be. 

                The same holds for inferences that may be drawn by the President about racial discrimination in the criminal justice system if reforms that are mistakenly expected to reduce relative differences in adverse criminal justice outcomes are in fact accompanied by increases in those differences. 

                And, of course, it is a great mistake to talk about my work without understandings the patterns I describe by which absolute differences tends to be affected by the prevalence of an outcome – as discussed in "Race and Mortality Revisited" and scores of other places over the last decade.  However one may characterize those patterns – and whatever may be said about the accuracy of my descriptions –  it ought to be clear that there can no value whatever (and much harm) from reliance on such measure without any consideration of the way it tends to be affected by the prevalence of an outcome.  See especially the discussion of pay-for-performance in "Race and Mortality Revisited."   But I am straying back to my first point of whether your analysis is calling into question the essential validity of the claim in "Race and Mortality Revisited" that one cannot rely on a measure without consideration of how it tends to be affected by the prevalence of an outcome.

                Meanwhile, I will review your app for purpose of determining whether I understand  it, agree or disagree with it, and whether, in either case, I think it has any important bearing on ideas I wish to covey in works like "Race and Mortality Revisited."

                This is not to say there are no important things to be said in this area.  There are many. "Race and Mortality Revisited" invites such things with its reference (at 337) to measures theoretically unaffected by the prevalence of an outcome “that might be better informed as to actual shapes of the underlying risk distributions.”   And I certainly would like to see someone address how to deal with situations where we know that the distributions substantially depart from normal because they are truncated portions of larger distribution or the conundrum addressed in the Addendum to the Ferguson Arrest Disparities page.[19]  I am less interested in treatments of SR that do not call into question the need to know it.

    Regards,

    Jim Scanlan

    1. http://jpscanlan.com/images/Race_and_Mortality_Revisited.pdf
    2. http://www.jpscanlan.com/images/Can_We_Actually_Measure_Health_Disparities.pdf
    3. “The ‘feminization of poverty’ is misunderstood,” The Plain Dealer (Nov 11, 1987) (reprinted in Current 1988;302(May):16-18 and Annual Editions: Social Problems 1988/89. Dushkin1988 http://www.jpscanlan.com/images/Poverty_and_Women.pdf
    4. http://jpscanlan.com/feminizationofpoverty.html
    5. Carr-Hill R, Chalmers-Dixon P. The Public Health Observatory Handbook of Health Inequalities Measurement. Oxford: SEPHO; 2005: http://www.sepho.org.uk/extras/rch_handbook.aspx
    6. http://jpscanlan.com/scanlansrule/consensus.html
    7. http://www.jpscanlan.com/images/The_Mismeasure_of_Health_Disparities_JPHMP_2016_.pdf
    8. http://jpscanlan.com/images/Letter_to_American_Statistical_Association_Oct._8,_2015_.pdf
    9. http://www.jpscanlan.com/images/Letter_to_American_Statistical_Association_July_25,_2016_.pdf
    10. http://jpscanlan.com/images/Univ_Mass_Medical_School_Seminar_Nov._18,_2015_.pdf
    11. Lambert P.J., Subramanian S. Group inequalities and “Scanlan’s Rule”: Two apparent conundrums and how we might address them.  Working Paper 84/2014, Madras School of Economics (2014): http://www.mse.ac.in/pub/Working%20Paper%2084..pdf
    12. http://jpscanlan.com/images/Divining_Difference.pdf
    13. Measuring Health and Healthcare Disparities. Federal Committee on Statistical Methodology 2013 Research Conference, Washington, DC , Nov. 4-7: Paper: http://jpscanlan.com/images/2013_Fed_Comm_on_Stat_Meth_paper.pdf

    http://jpscanlan.com/images/2013_FCSM_Presentation.ppt

    1. http://www.jpscanlan.com/images/Race_and_Mortality.pdf
    2. The Misinterpretation of Health Inequalities in the United Kingdom. British Society for Populations Studies Conference 2006, Southampton, England, Sept. 18-20, 2006:

    http://www.jpscanlan.com/images/BSPS_2006_Complete_Paper.pdf

    1. http://www.jpscanlan.com/measuringhealthdisp/irreducibleminimums.html
    2. http://www.jpscanlan.com/measuringhealthdisp/solutions.html
    3. http://www.jpscanlan.com/images/Mortality_and_Survival.pdf
    4. http://jpscanlan.com/disciplinedisparities/fergusonarrestdisp.html
    ------------------------------
    James Scanlan
    James P. Scanlan Attorney At Law



  • 21.  RE: Disparate impact of Baltimore police practices and voter ID laws

    Posted 10-14-2016 17:21

    Dr Norris

     

    A few comments in reply, still with the objective of finding common ground:

     

    1.      My previous note was trying to find commonalities between your work and the paper by Lambert and Subramanian (L&S). Your reply does not mention L&S. They make the rather strong claim that, with a given definition of disadvantage, they can prove that Scanlan's rule is correct. Surely this must come into the discussion somewhere.

    2.      I must be slow on the uptake, but I still have difficulty in getting the right message from the graph in your app. I would like to suggest an addition, which would help me and maybe others. Using your notation, Scanlan's rule says that the relative disadvantage, D(x)/R(x), will increase as R(x) decreases. If your app could show a plot with D(x)/R(x) on the vertical axis and R(x) on the horizontal axis, it would be easy to see at a glance whether Scanlan's rule is correct in this case, both in the limit at zero and throughout the range. It would presumably need a separate graph panel, to give control over the vertical axis scale. It could be restricted to the 'strict disadvantage' case, which is what we are really interested in.

    3.      Your app apparently shows that, with suitable parameter settings, the results contradict Scanlan's rule. If I understand correctly, however, there are other settings for which the results do not contradict the rule. So your app seems to show that Scanlan's rule is not universally true. However, I do not think Scanlan has ever claimed universality; he talks in terms of tendencies. For that reason, I disagree when you gloss my word 'counter-examples' as 'disproof'. To disprove Scanlan, you would have to show that there is no definition of disadvantage which leads to his rule being satisfied. I think your app does not show this, and in any case L&S demonstrate that there is at least one definition which does.

    4.      If we accept that some definitions of disadvantage lead to Scanlan's rule being satisfied, the question is whether these definitions can plausibly be taken to describe the real life situations which he cites. Actually I am not clear how this could be done empirically for individual cases. The best we might do is look for classes of distribution which satisfy the L&S criterion, and then ask whether these are likely to fit the actual cases.

     

    Yet another 2p worth, offered in a spirit of helpfulness.

     

    Peter B. Kenny

     






  • 22.  RE: Disparate impact of Baltimore police practices and voter ID laws

    Posted 10-15-2016 02:06

    Dear Peter Kenny,

    Thank you again for your constructive efforts to promote a properly scientific dialogue.

    1. I do thank you for highlighting the L&S citation, and intend to respond directly when I have had the opportunity to obtain and review the article. I look forward in particular to 3 instructive benefits from the article:
      • Comparing the L&S definition of 'disadvantage' (based, I presume, on 'stochastic dominance theory') against my own definition of 'strict disadvantage'
      • Comparing their sense of what the 'Scanlan Rule' is or might be against my own sense of it
      • Evaluating what I hope will be their clearly articulated normative consequences of the 'Scanlan Rule'
    2. In the 'Scanlan plot' of my app, R(x) ≡ x by construction. Thus the 'Scanlan ratio' which you denote D(x)/R(x) is actually D(x)/x, the slope of the line drawn from (0,0) to the intersection of the 'Scanlan policy line' with the 'Scanlan curve' of the group in question. This geometric objectification of a key construct in the Scanlan Rule is a major aim of my formulation. I have updated the app now to show this line. Note in particular how this line approaches the 'Scanlan limit' (dotted) line as the policy setting approaches zero. Thank you again for helpful feedback on the app!
    3. I would disagree with you as to the existence of a claim of universality. The claim of a "tendency, inherent in other than highly irregular risk distributions" would in any professional technical discourse be interpreted as a claim of a generic property. By advancing his case in the (social-)scientific literature and on ASA Connect, Mr. Scanlan has invited scrutiny by the standards of such discourse.
    4. I would be inclined to invert the spirit of your point #4, and to place the onus upon Mr. Scanlan to defend his claims empirically. You seem (correct me if I am wrong here) to be seriously doubting the empirical falsifiability of Mr. Scanlan's doctrine "in individual cases". I concur; it seems quite likely to me that the Scanlan doctrine is not falsifiable—i.e. that it fails the demarcation criterion Karl Popper advanced as a distinction between science and non-science. It is really up to Mr. Scanlan to demonstrate otherwise.

    Kind regards,

    ------------------------------
    David C. Norris, MD
    David Norris Consulting, LLC
    Seattle, WA



  • 23.  RE: Disparate impact of Baltimore police practices and voter ID laws

    Posted 10-19-2016 15:33

    Dr Norris

     

    I think our discussions are getting somewhere. At least , it all seems much clearer in my mind. I shall comment in the same four headings as our previous  exchanges, and then add a few points about your latest message. Sorry if it gets a bit lengthy.

     

    1.      Thanks for your summary of the L&S paper. Thanks also to Jonathan Siegel for the reference to the earlier publication, which means I have now read the whole thing (without paying a penny  to Springer). As a minor quibble, the term L&S use is 'stochastic ordering theory', not 'stochastic dominance'. My only knowledge of both topics is from the Wikipedia articles, but they seem to be different. Also, like the character in Moliere who spoke prose without knowing it, we have been using stochastic ordering without knowing it. Wikipedia defines 'usual stochastic order' in terms of the CDF, which to me looks exactly like the definition of 'strict disadvantage' you gave some way back. The fact that L&S 'likelihood ratio ordering' implies convexity means that we can see which ordering is a more stringent criterion; clearly strict disadvantage is possible without uniform convexity, but a uniformly convex curve must imply strict disadvantage. I think we can also argue in the reverse direction: where the curve is not convex, Scanlan's rule does not apply.

     

    2.      I have experimented with the latest version of your app, and I am at last getting the hang of it. As I see it, Scanlan's rule applies if, as we move the policy setting slider to the right, the slope of the solid line decreases, i.e. the line pivots clockwise about the origin. This clearly implies convexity of the curve. (I know, this is what you've said before – I'm repeating it to prove I get it.) My proposed addition was a separate graph showing the slope of the line as a function of the policy setting. This would give a static 'at-a-glance' view of the dynamic situation produced by moving the policy slider. I think it might prove useful in explaining policy options, particularly in marginal situations where the curvature of the line is not obvious to the eye. However, for present purposes I am happy with the app as it is; I think I have some useful insights from varying the parameter sliders. In what follows I shall for brevity refer to your first parameter, log10(Scanlan limit), as p1 and your second, log10(Elite ratio), as p2.

     

    3.      I think there is room for disagreement about how universal Mr Scanlan intended his claims to be; I am pretty sure, for example, that he was referring only to cases that you describe as 'strict disadvantage'. However, I think it is legitimate to ask whether we can identify a class of cases where Scanlan's rule applies, and to grant that Mr Scanlan is right if his claim is explicitly restricted to such cases. Thanks to L&S we have a rule for identifying such cases, i.e. likelihood ratio ordering or convexity, but we then need to ask which distributions have this property. As a first step we can consider the family of curves used in your app. I have experimented with the settings to see how the shape of the curve varies. Some points I have observed, many pretty obvious, are:

    a.      'Strict disadvantage' applies if p1 and p2 are both greater than zero (one of them may be equal to zero).

    b.      If p1 is close to zero, the curve is not convex at the lower end.

    c.      For any p1 greater than about 0.2 the curve will be convex at the lower end, regardless of p2.

    d.      There are similar considerations to b. and c. for p2 at the upper end.

    e.      If p2 has a small negative value (e.g. -0.1) and p1 is large enough, the curve is convex near the lower end. This could describe a situation where there is a small advantaged elite in a group which is otherwise very disadvantaged; in such cases Scanlan's rule would apply to policy changes affecting the most disadvantaged. (Granted this goes beyond L&S, which requires uniform convexity, but I think it is valid.)

     

    4.      When I talked about applying Scanlan's rule to practical cases, my first thought, as I said, was that we could never have enough empirical data to construct the complete plot. On reflection I am less pessimistic. We will have some data, so we just ask what we can legitimately say about the distribution from the data we have, perhaps with additional assumptions about smoothness or other properties. For example, if we are comparing the situations before and after a policy change, we will have two points on the curve, plus the end points at (0,0) and (1,1). Essentially we wish to find an interpolating curve through these four points. We could use the family of curves used in your app, or any other plausibly smooth family. Any conclusions would be conditional on the correctness of the assumptions, of course. Nevertheless, if we could say that any 'Norris curve' consistent with the observed points must have a value of p1 greater than 0.5, say, it would not be unscientific to interpret that as evidence of convexity in the light of the observation at 3c above.

     

    5.      I turn now to the legal challenge in your latest post. I am  not a lawyer, and perhaps Mr Scanlan should be left to answer this for himself, but it is too tempting not to try. I do not share your taste for emphasis, which to me always looks like shouting, so I will let the words speak for themselves. First your three bullets, then a general observation:

    a.      In the nature of things it is not possible to construct the complete distribution from empirical data. However, given the available data on prevalence in the two groups, we have shown that any Norris curve consistent with these data shows clear convexity. The class of Norris curves is wide enough to provide a characterization of any reasonable distribution.

    b.      The matter at hand is the claim [by DoJ or other prosecuting authority] that (i) the policy change under consideration, while reducing disadvantage for each group, should simultaneously reduce relative disadvantage; and (ii) the fact that relative disadvantage has not reduced, and indeed has increased, is proof of discrimination or other unlawful behaviour. The demonstrated convexity is material to this, in that it shows that the distribution in this case belongs to the class for which reducing absolute disadvantage will necessarily increase relative disadvantage, so contradicting assumption (i) and refuting claim (ii). [I hope this is brief enough.]

    c.      The Scanlan limit for the Norris curve which best fits the observed data is [xxx]. If it is objected that the post-change data should not be included, as being produced in a situation where unlawful discrimination is alleged, then of all Norris curves consistent with the pre-change data, the lowest Scanlan limit is [yyy]. These limits are provided because they were requested, and have no direct relevance to the case. They have some limited indirect relevance, since it is a property of Norris curves that the greater the Scanlan limit, the clearer the evidence of convexity; hence the Scanlan limit is another way of looking at the convexity considered in a. above.

    d.      Note that in this hypothetical case Mr Scanlan is appearing for the defence. In English law there is an obligation on the prosecution to prove its case beyond reasonable doubt; I presume there is a similar provision in the US. I think the outline in b. above is a fair summary of the prosecution case in the situations Mr Scanlan has described. Given demonstrated convexity, its inadequacy is obvious.

     

    6.      I admit I started this with sympathy for Mr Scanlan, despite my frustration with his writing style. Given the prospect of a solitary lawyer taking on the whole of the Department of Justice, I instinctively sided with the underdog. Maybe it's a British thing – we've been underdogs so often in FIFA World Cups, for instance. Nevertheless, I have tried to look at things as objectively as I can. In the light of the L&S paper particularly, I now believe that Mr Scanlan has a point. I suspect you may not agree. However, if we consider what public policy can do to increase general well-being, it is surely relevant to know whether changes affecting advantaged and disadvantaged groups equally can ever eliminate the extremes of disadvantage. Towards the end of their paper L&S discuss 'compensatory' discrimination. This is much too large a subject to start on here, but it shows the class of issues raised by Mr Scanlan's observations.

     

    Best wishes

     

    Peter B. Kenny

     






  • 24.  RE: Disparate impact of Baltimore police practices and voter ID laws

    Posted 10-20-2016 15:43
    Edited by David Norris 10-20-2016 15:44

    Dear Peter Kenny,

    But for the sympathies you relate under #6, there might have been very little in the way of genuine conversation here, to say nothing of the useful progress we have made. Without this exchange, I would have a less comprehensive understanding of the issue, and would not be in so good a position to blog (as I will eventually) at length on the matter. So I thank you heartily for advocating your point of view!

    In response to your further comments on the Shiny app, I have published a new version in which the various lines are labeled. (Hat tip to the wonderful R package:latticeExtra, which makes this chore trivial.) For pedagogical reasons, I have however resisted your suggestion that a supplementary plot be introduced. Unless the user is required to note the changing slope of the 'Scanlan ratio line' as the 'Scanlan policy line' is shifted along the 'Scanlan curve' of the compared population, I think the geometrical value of my construction is lost. Also problematic is that introducing a supplementary artifact of this kind would generate the false impression that there is more to the Scanlan Rule than meets the eye in this figure. My point is very much that there is no more to the Scanlan Rule than meets the eye—geometrically—in the 'Scanlan plot' of my app.

    [BTW, I tend to use bold emphasis with a TL;DR intent, since the eye is drawn to it so naturally. My intention is certainly not to shout! ALL CAPS is the Internet standard for shouting, I think. 8^) An alternative to SHOUTING which I also eschew is to drown readers in a torrent of turgid verbiage. Hence, the app.]

    While I thank you for the kind offer to name the 'Scanlan curve' after me, if my name were to be attached to any aspect of the argument I'm putting forward, it would be the 'Norris debunking of the Scanlan Rule', which it may be appropriate to refer to after I have completed a 2- or 3-part blog posting on the subject. As I will note presently in a reply to Jonathan Siegel's latest post, I think Scanlan's entire framing of the problem is fundamentally in error. This is why a 2nd (and maybe 3rd) part of my blog post will be necessary.

    Kind regards,

    ------------------------------
    David C. Norris, MD
    David Norris Consulting, LLC
    Seattle, WA



  • 25.  RE: Disparate impact of Baltimore police practices and voter ID laws

    Posted 10-17-2016 21:10
    Edited by David Norris 10-19-2016 15:38

    Dear Peter Kenny,

    Having at last obtained the L&S article [1], I can confirm that their interpretation of the Scanlan Rule corresponds to mine, and that their mathematical treatment was equivalent, if somewhat less elementary. The 'likelihood ratio ordering' they introduce from 'stochastic dominance ordering theory' corresponds precisely to the concavity condition I identified earlier in this thread as equivalent to the Scanlan Rule:

    MUI5YEODQPmwIWkioUxM_Screen Shot 2016-10-17 at 4.36.51 PM.png

    ...

    cNRAJKFSd6I27EFCpLLg_Screen Shot 2016-10-17 at 5.01.01 PM.png

    Lambert & Subramanian's composition FA ° FD-1 in fact accomplishes (by less elementary means) the same effect as rescaling their utility Y without loss of generality to convert FA to a uniform distribution. That, in turn, is equivalent to my use of quantiles of a reference population in place of the measure Y. That reference appears in my Shiny app as the 45° line. Of note, their Theorem 2 provides the basis for this trick: 

    tNJ6R9rhRgfLELThtxrD_Screen Shot 2016-10-17 at 4.56.52 PM.png

    (Note also that L&S exchange their A and D axes relative to my R and D axes; this accounts for the flipped 'convex' vs 'concave' terminology in their treatment and mine. I think that the L&S axes would actually be preferable if not for the fact that this would make the 'Scanlan ratio' into a reciprocal of the slope of the moving solid line in the app, compromising the immediate geometrical accessibility.)
    Thus, the L&S paper is entirely consistent with my own reading and treatment of the Scanlan Rule; indeed, despite its more sophisticated presentation, [1] formally achieves nothing beyond my own treatment. The L&S paper has created a situation where the clause "other than highly irregular risk distributions" has become objective enough (as a claim about convexity) to be addressed empirically in individual cases. My app has made that objectivity accessible enough (no 'stochastic dominance ordering theory' required!) that Mr. Scanlan's opponents should be able to put to him questions such as the following in connection with his further advocacy:
    • What evidence have you put before the court, to demonstrate that the disadvantage here is of the convex type to which the Scanlan Rule is applicable?
    • Briefly, please, how is this convexity material to the matter at hand?
    • What is your estimate of the Scanlan limit in this case? How have you arrived at that estimate? How should the magnitude of the Scanlan limit you quote be taken to weigh upon the court's judgment against the considerations introduced by [opposing party]?
    1. Lambert, Peter J., and S. Subramanian. “Disparities in Socio-Economic Outcomes: Some Positive Propositions and Their Normative Implications.” Social Choice and Welfare 43, no. 3 (February 5, 2014): 565–76. doi:10.1007/s00355-014-0794-y.
    Kind regards,

    ------------------------------
    David C. Norris, MD
    David Norris Consulting, LLC
    Seattle, WA



  • 26.  RE: Disparate impact of Baltimore police practices and voter ID laws

    Posted 10-18-2016 21:53
    A very interesting argument. A version of the paper is here:


    If I understand it, convexity occurs if there is persistent discrimination which will not be affected by the intervention. One interpretation is simply that if a condition is alleviated generally without addressing the discrimination, the persistence of discrimination will cause the advantaged group to disproportionately benefit over the disadvantaged group, there by increasing rather than decreasing the relative discrimination.

    There would appear to be two potential interpretative consequences:

    1. Prevalence ratios may be a poor way to characterize or interpret outcomes in a discrimination setting, and a different measure may be more appropriate. (If prevalence ratios are used, the minority group should be the numerator. Ratios of rare events are prone to instability and difficulty in measurement.)

    2. If prevalence ratios are an appropriate way of measuring or conceptualizing the problem, Mr. Scanlan's argument can be interpreted as an argument for the necessity of affirmative action. Only interventions that favor the disadvantage group will avoid a result in which the disadvantaged group comes out even more proportionately disadvantaged. Interventions that merely benefit the entire population generally without specifically addressing the discrimination itself will tend to increase the relative discrimination, not alleviate it.

    Jonathan Siegel

    Sent from my iPhone





  • 27.  RE: Disparate impact of Baltimore police practices and voter ID laws

    Posted 10-19-2016 11:07

    Jonathan Siegel, thank you for initiating a healthy new phase of the discussion—one focused on interpretation and normative implications. I'll reply just briefly, pointwise:

    1. Your parenthetical remark under #1 would be an argument in favor of my choice of axes, with (typically disadvantaged) comparison groups on the vertical, and the (typically relatively advantaged) reference group on the horizontal axis.
    2. I'd like to pick up and extend your point #2 with specific reference to the 'voter ID' laws mentioned in the title of this thread. If the idiom of the 'Scanlan policy line' is applicable here, then we need to suppose we can conceive a continuum of 'voter ID' policy implementations, running from less strict (slide the line to the left) to more strict (slide the line to the right). In this setting, a convex (upward) 'Scanlan curve' for African-Americans in the Texas case would imply that mere tinkering with the severity of voter ID requirements is pointless, and that voter ID legislation must be abandoned altogether as inherently racially discriminatory.

    Kind regards,

    ------------------------------
    David C. Norris, MD
    David Norris Consulting, LLC
    Seattle, WA



  • 28.  RE: Disparate impact of Baltimore police practices and voter ID laws

    Posted 10-20-2016 07:10
    I appreciate David Norris's reply.

    I think a difficulty with taking the "inherently discriminatory" argument too far is that under the interpretation, any government action can be characterized as "inherently discriminatory." For example, if, the government provides education or healthcare, than under the theory ambient societal discrimination will result in the advantaged group benefiting from education etc. more than the disadvantaged group. Should we conclude that education, health care, etc. are inherently discriminatory programs and, to avoid causing disparate impact resulting from unequal effect, the government should never provide them.

    Perhaps the State of Virginia, which briefly abolished public education to avoid complying with desegregation, was presciently progressive. If one does nothing at all, one certainly doesn't discriminate. And a legal regime which drives government to do nothing to avoid doing harm is not necessarily helpful to the disadvantaged group.

    I think this logical "reductio ad absurdem" consequence - that taken to its logical limit it results in making doing nothing the only way to avoid doing harm and hence the only legally permissible course - is the best argument for not making the prevalence ratio approach ones sole measure of outcome. It seems intuitively obvious that from the point of view of the disadvantaged group a large absolute benefit may often be well worth a small disparate impact at the tails.

    Jonathan Siegel

    Sent from my iPhone




  • 29.  RE: Disparate impact of Baltimore police practices and voter ID laws

    Posted 10-20-2016 20:55
    Edited by David Norris 10-21-2016 14:33

    The reductio ad absurdum that Jonathan Siegel notes was intentional, if not entirely overt. I did preface my reductio with the proviso, "If the idiom of the 'Scanlan policy line' is applicable here..." It seems appropriate here to offer a preview of how I may proceed to argue the latter parts of my planned multi-part blog post on this issue. The idiom of attaching '(dis)advantage' to groups themselves, while drawing a single 'policy line' constitutes, in my view, the divide-by-zero error at the root of the 'Scanlan fallacy'.

    Or perhaps begging the question is the better term. Why not draw two policy lines, explicitly showing the biased nature of the policy? Would we speak of the 'disadvantage' of African-Americans with respect to Jim Crow laws? (Clearly not; I almost feel offended having written that sentence myself, frankly.) To the extent that policy discussions can articulate the causal basis for the discriminatory nature of Baltimore's policing or Texas's voter ID law, then we will be able to draw those 2 lines and explicitly address the discriminatory bias separating them.

    The whole matter seems to me fundamentally connected with Judea Pearl's causal-statistical distinction. Arguing these critically important matters on a purely statistical basis (to say nothing of a purely geometrical one!) puts us in a treacherous 'causality-free zone' where 'anything goes'. Which is dangerous for our democracy, I think.

    As I'm now departing from this thread, I'll offer the following tools to those who remain:

    Many thanks to everybody for the excellent exchange!

    Kind regards,

    ------------------------------
    David C. Norris, MD
    David Norris Consulting, LLC
    Seattle, WA



  • 30.  RE: Disparate impact of Baltimore police practices and voter ID laws

    Posted 03-06-2017 10:11
    Dear Colleagues:

    After a rather longer delay than anticipated, I have at last published my planned blog post—Part 1 of it, anyway! I worked hard to develop the argument accessibly for a less technical audience. I also provide a link to an updated version of the Shiny app.

    In a follow-up Part 2 post (not before a March 15 deadline for 2 abstracts I'm working on), I will cover some of the more conceptual material that emerged toward the end of our October discussion. I will also bring to bear some ideas from the academic literature on pseudoscience, which inform some of the interesting questions raised by the 'Scanlan Doctrine'.

    Kind regards,
    David

    ------------------------------
    David C. Norris, MD
    David Norris Consulting, LLC
    Seattle, WA
    ------------------------------



  • 31.  RE: Disparate impact of Baltimore police practices and voter ID laws

    Posted 10-20-2016 09:53

    See Table 4 of my “Race and Mortality Revisited,” Society (July/Aug. 2014),[1] regarding four approaches to measuring discrimination or appraising the likelihood of discrimination (the relative difference in the favorable outcome, the relative difference in the corresponding adverse outcome, the absolute difference between rates, and the odds ratio).  The point of the table, which shows the various rankings as to gravity or likelihood of discrimination according to the different measures, is that none of the measures is useful for appraising the strength forces causing the outcome rates to differ.  The table is also intended to show that there can be no value judgment involved in the determination of what measure best quantifies the strength of the forces causing outcome rates of advantaged and disadvantaged groups to differ. 

    A similar illustration may be found in Table 1 of my “The Mismeasure of Discrimination,” Faculty Workshop, University of Kansas School of Law (Sept. 2013),[2] a work that is more focused on discrimination issues.  The paper also discusses issues about what inferences observers might draw about discrimination in a process based on either the smaller relative (racial/gender) difference in selection, or the larger relative differences in rejection, among, highly-credentialed applicants than among applicants with weaker credentials.  The same issue is discussed with regard to the commonly observed larger relative racial differences in mortgage rejection rates among higher-income than lower-income applicants (though usually overlooked smaller relative differences in approval rates among higher-income than lower-income applicants) in "Race and Mortality Revisited" as well as in my “The Perverse Enforcement of Fair Lending Law,” Mortgage Banking (May 2014)[3]

    Of course, if discrimination plays into observed differences, any reduction in discrimination will tend to reduce all measures of differences between outcome rates. 

    I don’t regard “relative discrimination” as a relevant term.  To me, there is a just the relative difference in the favorable outcome and relative difference in the corresponding adverse outcome.  By my reasoning (as suggested above) neither relative difference is useful for appraising the likelihood of discrimination, at least not without attempting to determine the influence of the prevalence of an outcome on the measure.  Be mindful, however, that in the employment context the government typically relies on the relative difference in the favorable outcome at least until that outcome becomes extremely common in which case it relied on the relative difference in the adverse outcome.  Thus, government guidelines (whether the government knows it or not) contemplate that lowering a test cutoff will reduce the disparate impact of the test until a certain point is reached, at which time raising the cutoff will reduce the disparate impact.  See my Four-Fifth Rule page.[4] 

    I don’t mean to suggest that that makes any sense.  See Section  E (at 27-32) of the Kansas Law paper regarding whether lowering a cutoff or otherwise relaxing a standard tends to increase or decrease a disparate impact.  In the section, as elsewhere, I maintain that if a standard entirely determines whether an individual will either experiences the (ultimate) favorable outcome or the corresponding adverse outcome, there is no argument that stringency of the standard makes a difference as to the impact of the standard.  But if the standard simply determines whether one will advance further in the process (including processes that lead to favorable outcomes and adverse outcomes) the matter is a good deal more complicated.  The matter is extremely complicated when the satisfying of a criterion plays some role regarding a continuous outcome.

    As to disproportionate benefit of changing the prevalence of an outcome, in "Race and Mortality Revisited" and many other places I explain why generally changing an outcome rate (whether it be a favorable outcome or an adverse outcome and whether it is increased or decreased) will tend to cause a larger proportionate change in the rate for the group with the lower baseline rate for the outcome while causing a larger proportionate change in the opposite outcome rate for the other group.  That is, for example, generally increasing mammography or immunization rates (and thus decreasing the prevalence of  non-receipt of mammography or immunization) will tend to cause a larger proportionate increase in the favorable outcome rates for the disadvantaged groups while causing a larger proportionate decrease in the corresponding adverse outcome rate for the advantaged groups (as can be derived from the data in Tables 3 and 4 of "Race and Mortality Revisited").  If that seems at all counterintuitive, see note 14 (at 10) of October 8, 2015 letter to the ASA,[5] especially the second paragraph.  A discussion of the matter in pretty simple terms may be found in my “Divining Difference,” Chance (Fall 1994).[6]

    Regarding the 2004 decision of the National Center for Health Statistics to rely on relative differences in adverse healthcare outcome rates to measure healthcare disparities (and hence commonly to cause improvements in healthcare to be associated with increased disparities), as discussed in "Race and Mortality Revisited" with regard to its Tables 3 and 4, and the agency’s reversal of that position in 2015 (hence commonly cause improvements in healthcare to be associated with decreased disparities) see my “The Mismeasure of Health Disparities,” Journal of Public Health Management and Practice (July/Aug. 2016).[7]

    To my mind, nothing I argue with regard to measurement issue stands as an argument for or against  affirmative action, save in the sense that that patterns I describe (and which have been described, for example, by Robert Klitgaard in “Choosing Elites” (1985), and which I have always assumed everybody knows) explain why standards at elite universities (which make acceptance very rare) would commonly result in extremely low representation of certain groups absent race-conscious affirmative action.  I addressed this a long time ago in “No Substitute for the Real Thing:  Class-Based Affirmative Action Won't Achieve the Same Results," Legal Times (May 1, 1995).[8]  I suppose people may differ on whether that item should be deemed an argument for affirmative action or simply an argument against perceptions regarding the utility of class-based affirmative action.

    Of course, affirmative action means different things to different people.  The discussion in the prior paragraph involves actions taken to cause the selection of persons who would not be selected in circumstances where selecting officials exhibit no bias against the subject groups (that is, actions going beyond ensuring fair treatment).  You use the term seemingly with regard to mitigating discrimination.  In an employment setting, where, for example, it is believed that, absent discrimination a certain group would comprise 20 percent of hires absent discrimination, a 20 percent hiring goal might be deemed a plausible means of mitigating discrimination if not necessarily ensuring nondiscrimination. That is not to suggest that such a goal is either a good or bad idea but simply that it raises different issues from those raised in a goal requiring hiring above 20 percent. See reference 7.

    Where the alleged discrimination involves something like arrests or school suspensions, however, it is hard to see how affirmative action might be an effective means of mitigating or eradicating the discrimination.  I suppose that in the discipline context, reviewing suspension recommendations only of racial minorities might be such a means, though most people would regard it to be very troubling.  I note, however, that it would be the type of measure that would tend to reduce all measures of differences between outcome rates. 

    I am not sure I understand the point about the minority rate in the numerator.  At least in recent years I always put the larger figures in the numerator for both the rate ratios for the adverse and favorable outcomes (save on rare occasion when talking in terms of the four-fifths rule).  I do so because, using that approach, the relative difference reflected by a rate ratio will always change in the same direction as the rate ratio itself (hence making it easier to illustrate that the two relative differences are changing in opposite directions as in Figure 1 of the October 2015 ASA letter).  See my explanation for this approach in note 15 (at 10) of the October 2015 ASA letter and note 2 (at 6) of the Kansas Law paper.  The point about instability may involve a statistical issue with which I am unfamiliar.

    1. http://jpscanlan.com/images/Race_and_Mortality_Revisited.pdf
    2. http://jpscanlan.com/images/Univ_Kansas_School_of_Law_Faculty_Workshop_Paper.pdf
    3. http://jpscanlan.com/images/Perverse_Enforcement_of_Fair_Lending_Laws.pdf
    4. http://jpscanlan.com/disparateimpact/fourfifthsrule.html
    5. http://jpscanlan.com/images/Letter_to_American_Statistical_Association_Oct._8,_2015_.pdf
    6. http://jpscanlan.com/images/Divining_Difference.pdf
    7. http://www.jpscanlan.com/images/The_Mismeasure_of_Health_Disparities_JPHMP_2016_.pdf
    8. http://jpscanlan.com/images/No_Substitute_for_the_Real_Thing.pdf
    9. "Semantic Quibbles Miss the Point in EEO Debate," Legal Times (Feb. 24, 1986) http://www.jpscanlan.com/images/Semantic_Quibbles_Miss_the_Point_in_EEP_Debate.pdf
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    James Scanlan
    James P. Scanlan Attorney At Law