James P. Scanlan, Attorney at Law

Home Page

Curriculum Vitae

Publications

Published Articles

Conference Presentations

Working Papers

page1

Journal Comments

Truth in Justice Articles

Measurement Letters

Measuring Health Disp

Outline and Guide to MHD

Summary to MHD

Solutions

page3

Solutions Database

Irreducible Minimums

Pay for Performance

Between Group Variance

Concentration Index

Gini Coefficient

Reporting Heterogeneity

Cohort Considerations

Relative v Absolute Diff

Whitehall Studies

AHRQ's Vanderbilt Report

NHDR Measurement

NHDR Technical Issues

MHD A Articles

MHD B Conf Presentations

MHD D Journal Comments

Consensus/Non-Consensus

Spurious Contradictions

Institutional Corresp

page2

Scanlan's Rule

Outline and Guide to SR

Summary to SR

Bibliography

Semantic Issues

Employment Tests

Case Study

Case Study Answers

Case Study II

Subgroup Effects

Subgroup Effects NC

Illogical Premises

Illogical Premises II

Inevitable Interaction

Interactions by Age

Literacy Illustration

RERI

Feminization of Poverty S

Explanatory Theories

Mortality and Survival

Truncation Issues

Collected Illustrations

Income Illustrations

Framingham Illustrations

Life Table Illustrations

NHANES Illustrations

Mort/Surv Illustration

Credit Score Illustration

Intermediate Outcomes

Representational Disp

Statistical Signif SR

Comparing Averages

Meta-Analysis

Case Control Studies

Criminal Record Effects

Sears Case Illustration

Numeracy Illustration

Obesity Illusration

LIHTC Approval Disparitie

Recidivism Illustration

Consensus

Algorithm Fairness

Mortality and Survival 2

Mort/Survival Update

Measures of Association

Immunization Disparities

Race Health Initiative

Educational Disparities

Disparities by Subject

CUNY ISLG Eq Indicators

Harvard CRP NCLB Study

New York Proficiency Disp

Education Trust GC Study

Education Trust HA Study

AE Casey Profic Study

McKinsey Achiev Gap Study

California RICA

Nuclear Deterrence

Employment Discrimination

Job Segregation

Measuring Hiring Discr

Disparate Impact

Four-Fifths Rule

Less Discr Alt - Proc

Less Discr Altl - Subs

Fisher v. Transco Serv

Jones v. City of Boston

Bottom Line Issue

Lending Disparities

Inc & Cred Score Example

Disparities - High Income

Underadjustment Issues

Absolute Differences - L

Lathern v. NationsBank

US v. Countrywide

US v. Wells Fargo

Partial Picture Issues

Foreclosure Disparities

File Comparison Issues

FHA/VA Steering Study

CAP TARP Study

Disparities by Sector

Holder/Perez Letter

Federal Reserve Letter

Discipline Disparities

COPAA v. DeVos

Kerri K. V. California

Truancy Illustration

Disparate Treatment

Relative Absolute Diff

Offense Type Issues

Los Angeles SWPBS

Oakland Disparities

Richmond Disparities

Nashville Disparities

California Disparities

Denver Disparities

Colorado Disparities

Nor Carolina Disparitie

Aurora Disparities

Allegheny County Disp

Evansville Disparities

Maryland Disparities

St. Paul Disparities

Seattle Disparities

Minneapolis Disparities

Oregon Disparities

Beaverton Disparities

Montgomery County Disp

Henrico County Disparitie

Florida Disparities

Connecticut Disparities

Portland Disparities

Minnesota Disparities

Massachusetts Disparities

Rhode Island Disparities

South Bend Disparities

Utah Disparities

Loudoun Cty Disparities

Kern County Disparities

Milwaukee Disparities

Urbana Disparities

Illinois Disparities

Virginia Disparities

Behavior

Suburban Disparities

Preschool Disparities

Restraint Disparities

Disabilities - PL 108-446

Keep Kids in School Act

Gender Disparities

Ferguson Arrest Disp

NEPC Colorado Study

NEPC National Study

California Prison Pop

APA Zero Tolerance Study

Flawed Inferences - Disc

Oakland Agreement

DOE Equity Report

IDEA Data Center Guide

Duncan/Ali Letter

Crim Justice Disparities

U.S. Customs Search Disp

Deescalation Training

Career Criminal Study

Implicit Bias Training

Drawing Inferences

Diversion Programs

Minneapolis PD Investig

Offense Type Issues CJD

Innumerate Decree Monitor

Massachusetts CJ Disparit

Feminization of Poverty

Affirmative Action

Affirm Action for Women

Other Affirm Action

Justice John Paul Stevens

Statistical Reasoning

The Sears Case

Sears Case Documents

The AT&T Consent Decree

Cross v. ASPI

Vignettes

Times Higher Issues

Gender Diff in DADT Term

Adjustment Issues

Percentage Points

Odds Ratios

Statistical Signif Vig

Journalists & Statistics

Multiplication Definition

Prosecutorial Misconduct

Outline and Guide

Misconduct Summary

B1 Agent Cain Testimony

B1a Bev Wilsh Diversion

B2 Bk Entry re Cain Call

B3 John Mitchell Count

B3a Obscuring Msg Slips

B3b Missing Barksdale Int

B4 Park Towers

B5 Dean 1997 Motion

B6 Demery Testimony

B7 Sankin Receipts

B7a Sankin HBS App

B8 DOJ Complicity

B9 Doc Manager Complaints

B9a Fabricated Gov Exh 25

B11a DC Bar Complaint

Letters (Misconduct)

Links Page

Misconduct Profiles

Arlin M. Adams

Jo Ann Harris

Bruce C. Swartz

Swartz Addendum 2

Swartz Addendum 3

Swartz Addendum 4

Swartz Addendum 7

Robert E. O'Neill

O'Neill Addendum 7

Paula A. Sweeney

Robert J. Meyer

Lantos Hearings

Password Protected

OIC Doc Manager Material

DC Bar Materials

Temp Confidential

DV Issues

Indexes

Document Storage

Pre 1989

1989 - present

Presentations

Prosec Misc Docs

Prosec Misc Docs II

Profile PDFs

Misc Letters July 2008 on

Large Prosec Misc Docs

HUD Documents

Transcripts

Miscellaneous Documents

Unpublished Papers

Letters re MHD

Tables

MHD Comments

Figures

ASPI Documents

Web Page PDFs

Sears Documents

Pages Transfer


Partial Picture Issues

(August 16, 2012)

Prefatory note:  This is a subpage to the Lending Disparities page of jpscanlan.com.  The page has not been materially changed since it was created.  But my “Fair Lending Studies Paint Incomplete Picture,”American Banker (April 24, 2013) addresses the issue with discussion of the implications of the diminished bargaining position of a group that believes there exists widespread discrimination against it.

 

***

 

Studies conducted in the 1990s of racial differences in mortgage rejection rates suffered from a number of problems, including underadjustment for relevant factors (as discussed on the Underadjustment Issues subpage), the general failure to recognize the pattern whereby the rarer an outcome the greater tends to be the relative difference in experiencing it and the smaller tends to be the relative differences in failing to experience it, and misattribution of significance to the comparative size of relative differences in high-income groups (as discussed on Disparities – High Income  subpage). But, at least such studies met the minimal criterion of a plausible effort to determine whether persons seeking some outcome are treated differently on the basis of their demographic group membership in that they examined the entire universe of applicants seeking some desired outcome and the entire universe of applicants offered that desired outcome. 

The same cannot be said of studies of patterns of assignment to subprime loan and differences in costs of loans underlying the complaints underlying the $335 million and $175 million settlements in United States v. Countrywide  and United States v. Wells Fargo.  The claim of discriminatory assignment to subprime status is simply a distortion of a claim of discriminatory denial of a prime loan.  One might reasonably endeavor to determine whether a lender has discriminatorily denied prime loan by examining the universe of applicants seeking such loans and the universe of applicants offered such loans.  The analyses underlying the Wells Fargo and Countrywide complaints, however, ignore (a) applicants offered no loan at all; (b) applicants offered prime who loans who refused them (presumably because they did not find the  terms favorable enough or as favorable as those they could secure elsewhere); (c) applicants offered subprime loan who refused them (presumably because they did not find the terms favorable enough or as favorable as those they could secure elsewhere, which might involve prime loans).  Thus, analyses of assignment to subprime status would be fundamentally unsound even if they were able to fully adjust for group differences in factors related to securing a prime loan. 

There existed similar problems in certain employment discrimination cases, as discussed in "Illusions of Job Segregation," Public Interest 93 (Fall 1988), and other cases collected in Section A of the Employment Discrimination page.  See especially the March 27, 1995 article  "Multimillion-Dollar Settlements May Cause Employers to Avoid Hiring Women and Minorities for Less Desirable Jobs to Improve the Statistical Picture," The National Law Journal (Mar. 27, 1995), regarding the incentive to deny putatively less desirable jobs to minorities and women. The same incentives apply with regard to discriminatorily denying subprime loans to minorities because granting such loans makes the lender more vulnerable to assignment claims like those the Countrywide and Wells Fargo cases.

Similarly, while the most reasonable way to analyze claims of discrimination in loan pricing is not completely clear, it is clear that one cannot analyze such claims while ignoring the applicants who declined a loan because the offered terms were unsatisfactory.