Tuesday, February 20, 2007

Kidnapped

Sometimes, two stories strike very uncomfortable chords with each other.

For example, Joshua Kurlantzick has an excellent article up detailing the fate of Uigher detainees in Guantanamo Bay. They've pretty much all been found to be non-threats to the United States by our military commissions (a determination, it's worth noting, we only came to after detaining them for years on a secluded island prison, probably allowing Chinese interrogators to torture them in the process). So what are we doing with them? We have no idea. We can't send them back to China, they'll be tortured. No other country wants to take them. We can't allow them into the US, because, well, I assume because it would embarass us.

So, the upshot is that we've simply kept detaining some, while others we shipped off to Albania, a country which has virtually no Uigher community and does not speak a language remotely similar to Uigher. But I'm sure they'll do fine.

Meanwhike, Peggy McGuiness points to a rather forgotten part of the Japanese Internment saga: the people of Japanese descent we forcibly extracted from Latin American countries so we could snd them to desolate internment camps and, sometimes, use them as bargaining chips in POW exchanges.
Art Shibayama is an American who served in the Army during the Korean War. Like many veterans, Cpl. Shibayama was not born in the United States. He was born in Lima, Peru, to Japanese Peruvian parents. Until 1942, Shibayama, his two brothers and three sisters lived comfortably with their parents and grandparents, all of whom had thriving businesses. However, after America entered World War II, his family was forcibly removed from Peru, transported to the United States and held in a government-run internment camp in Crystal City, Tex.

Like many Japanese American families, Shibayama's family lost everything they owned. But the greater injustice occurred when his grandparents were sent to Japan in exchange for American prisoners of war. Their family never saw them again.

Shibayama and his family were among the estimated 2,300 people of Japanese descent from 13 Latin American countries who were taken from their homes and forcibly transported to the Crystal City camp during World War II. The U.S. government orchestrated and financed the deportation of Japanese Latin Americans for use in prisoner-of-war exchanges with Japan. Eight hundred people were sent across the Pacific, while the remaining Japanese Latin Americans were held in camps without due process.

In the case of the Uighers, we essentially kidnapped them, interned them without due process, and then sometimes shipped them off to a random country. In the case of these Japanese detainees, we also essentially kidnapped them, interned them without due process, and then shipped them off to another country.

Those who forget the past....

The Maryland Rape Case

This was kicked around the blogosphere earlier, but I'll give it some new life as a way of introducing Jon Siegel's new blog, Law Prof on the Loose. A court in my home state of Maryland ruled that a woman can not withdraw consent in the middle of sex--if she does, then it's not rape.
[T]he English common law . . . view[ed] the initial "de–flowering" of a woman as the real harm or insult which must be redressed by compensating, in legal contemplation, the injured party - the father or husband. This initial violation of the victim also provided the basis for the criminal proceeding against the offender. But, to be sure, it was the act of penetration that was the essence of the crime of rape; after this initial infringement upon the responsible male's interest in a woman's sexual and reproductive functions, any further injury was considered to be less consequential. The damage was done. It was this view that the moment of penetration was the point in time, after which a woman could never be "re-flowered," that gave rise to the principle that, if a woman consents prior to penetration and withdraws consent following penetration, there is no rape. Maryland adheres to this tenet.

As I told my friends upon hearing this, normally I'm quite proud to hail from Maryland, but this is shameful and appalling.

Now, as Siegel notes, the facts of this case are somewhat complex--apparently, the man stopped intercourse within five seconds of being asked. It is not clear to me whether that should count as rape--that seems like a reasonable amount of time between being told to stop, and stopping. But the categorical holding that rape cannot happen after the original penetration is shocking.

On Their Heads

I don't have time to read the entire opinion in Boumediene v. Bush, holding 2-1 that the Military Commissions Act precludes Guantanamo Bay detainees from pressing Habeas Claims. I agree with the court that the goal of the MCA was to strip the courts of jurisdiction from hearing such claims. I'm not sure whether such an action is constitutional, and I don't really know enough about the law to forward an educated opinion, though my gut says it isn't.

But in a sense it doesn't matter. There is only so much the courts can resist against a united congressional and executive assault on our core constitutional and human rights. This sin is on the head of the Bush administration, yes, for so aggressively working to undermine the rule of law and civil protections due to humankind. But it is also a sin we can ascribe to congress, for passing the MCA and gutting what little protection may have fallen to the detainees in the wake of Rasul.

Apologies

Sorry for the slow pace of blogging. I've been typing a rough draft of my Constitutional Law seminar paper ("When Separation Doesn't Work: The Religion Clauses as an Anti-Subordination Principle"), as well as preparing to present heresy before my Contemporary Jewish Theology class tomorrow. Heresy is no exaggeration, I'm arguing that God has and can be an abuser, and that humans must proactively protest against divine injustices.

Monday, February 19, 2007

Know-Nothing Candidate

Continuing on the theme of why are we giving Rudy Giuliani a pass on the "experience" issue, when his Presidential resume consists of two terms at the Municipal level of government, Jon Chait points out that there is nothing in Giuliani's background that would remotely suggest he knows anything about foreign policy. Given that America's foreign policy stance likely will remain an important issue come 2008, this, to say the least, should be a problem.

Know Thyself

Gary Younge in The Nation has a really great article up about the need for Whites to come to terms with their history with regards to Jim Crow oppression. Now, obviously, in the school system today we are (or, at least most of us are) taught about the horrors of America's racial caste system. But, as Younge notes, so much of it is taught in the passive voice.
Leaders "get assassinated," patrons "are refused" service, women "are ejected" from public transport. So the objects of racism are many but the subjects few. In removing the instigators, the historians remove the agency and, in the final reckoning, the historical responsibility.

The argument against this sort of historical reckoning is that "it wasn't us." Do not stone the sons for the sins of the father. But this is not adequate. First, we don't make that argument when taking collective pride in our accomplishments: We" won World War II, "we" developed the greatest democracy on earth, "we" invented the lightbulb and the steamboat and the internet. Second, it does not account for the manner in which past sins yield present privileges. Insofar as some tragedies still matter, ignoring our history in this case means that we also ignore present inequities that stem from that history.
So we do not need more white history, we need it better told. Settlement, slavery and segregation--propelled by economic expansion and justified by white supremacy--inform much of what the United States is today. The wealth they created helped bankroll its superpower status. The poverty they engendered persists. But white history does not mean racist history any more than black history means victim's history. Alongside Blake, Milam and Bryant, any decent White History Month would star insurrectionist John Brown; the Vanilla Ice of the Harlem Renaissance, Carl Van Vechten; civil rights workers Michael Schwerner and Andrew Goodman, murdered near Philadelphia, Mississippi, during the Freedom Summer of 1964; and Viola Liuzzo, murdered during the Selma to Montgomery march. It would explain why Ronald Reagan kicked off his presidential campaign in Philadelphia, Mississippi, why George W. Bush chose Bob Jones University to revive his presidential hopes. It would tell the story of how Ruby Bates recanted her rape accusation in a bid to save the Scottsboro boys from the noose and how the [family of Rosa Parks bus driver James Blake] never did reconcile themselves to the event that brought them infamy. "None of that mess they said was true," said his wife, Edna. "Everybody loved him. He was a good, true man and a churchgoer."

This is who we were. To a large extent, it remains who we are. It is not who we have to be. But our past--for good and for ill--must be told, lest it not become our future as well.

Saturday, February 17, 2007

Juevos Grandes, Amigos

I'm not sure how reliable it is as a general defense against airplane hijackings, but I have to say this was pretty baller:
A cunning pilot thwarted a hijacking by discreetly warning the passengers in French - a language the gunman didn't speak - that he would knock the attacker off-balance with a rough landing, and that they should be ready to pounce.

The plan worked.

As Capt. Ahmedou Mohamed Lemine landed the Air Mauritania Boeing 737, he slammed on the brakes, then abruptly accelerated, throwing the hijacker to the floor, officials said Friday. The forewarned passengers and crew threw boiling water from a coffee maker on the man's face and chest, then beat him into submission.

Nice.

The Great Texas Sodomy Debate

Andrew Sullivan has a great YouTube clip on Texas' sodomy and anti-dildo laws. Far and away, the best part is the debate in the Texas House on an amendment to ban heterosexual sodomy. The exchange is between Rep. Warren Chisum (R) and Rep. Debra Danberg (D) (it starts with about 4:41 to go), and it is breath-taking, in one of those senses where it would be horrifying if it wasn't so funny.

Thursday, February 15, 2007

Don't Backslide!

No! Regress! Regress! After his crazy comments on Keith Ellison, I congratulated Virginia Representative Virgil Goode for expressing a willingness to meet with representatives from the Muslim community, commenting that "If nothing else comes out of this controversy, hopefully it will be one Congressman broadening his horizons a little bit." Apparently, I spoke too soon, as Goode apparently got up on the House floor to say that America is in danger of coins that say "In Muhammad We Trust" if we don't stop the raging Muslim hordes attempting to immigrate to America. Or don't approve the Iraq surge. Or something like that. It's also amusing to hear Rep. Goode lecture on the virtues of religious toleration and the First Amendment, but we'll let that lie for now. Goode also appears to oppose the "Save Whomever We Can" option, by which we allow the Iraqis who bravely worked with the CPA and assisted our efforts to bring democracy to the region to gain refugee status in America. The alternative, of course, is for all of them to be brutally slaughtered as a thank you for assisting us. But that doesn't really seem to bother Goode that much. Having read recently of Otto Frank's desperate and futile attempts to get to America and escape the Nazi genocide, I'm a bit more sympathetic, but that same history makes me quite pessimistic. People with immigration views like Goode's have some of Anne Frank's blood on their hands as well. When we turn away people who are attempting to reach our borders (our friends, no less, in Iraq), knowing that they will be killed in their homes, our conscience is stained and our souls are tainted. But apparently, Virgil Goode can live with that. Moral values, I suppose. All in all, a large step backwards for Representative Goode. (And my God, is his voice annoying or what?)

Whiteness and Journalism

I'm a bit confused about this case.
In September, the [Center for Individual Rights] filed the class-action lawsuit on behalf of Emily Smith, 16, who said she was accepted last spring to the Urban Journalism Workshop at Virginia Commonwealth University. One week later, she said, she was rejected after program sponsors learned she was white.

The program settled out of court and agreed to no longer use race in its decision processes. But there are certain very relevant facts that I think matter in how we view what happened here.

My intuitions on this case hinge very strongly on several facts which are unclear. First, was the program explicitly limited to minority students, or was their just a preference? If it's the latter, than I think Smith has a far stronger claim. Basically, if the program is explicitly labeled as being for minority students, then Smith should have seen this coming--indeed, if that was the case, then I'd almost suspect that she was applying just to sue. If, however, this was not clear, then my sympathies lie with Smith a lot more strongly--randomly receiving a letter a week after getting into a program saying "sorry, you're White, so you can't come" is pretty traumatizing if there was no reason to see it coming. The other question, of course, is whether or not there are available Urban Journalism programs out there that are not race-linked. My support for programs which are specifically targeted at minority students hinges on the fact that there are also plenty of programs that are available to the general student population. For example, at Carleton we have the Mellon-Mays fellowship, which is targeted at prepping minority students for graduate level academic research, and that's fine because we have lots of other fellowships available to the broader student body which White ol' me can pursue. But if these programs are filling a unique niche in Urban Journalism, such that Ms. Smith really didn't have any other options available to her, I think that's a different matter entirely.

Via Volokh

Extemp

I had my radio show today. Normally, it has at least one other contributor on, who comes with a list of topics to discuss. Today, however, he decided not to show up. I realized he wasn't coming with about one minute before air-time. Since I done no preparation and had no notes, I was in a bit of a bind. And so I then proceeded to spontanously speak off the cuff on a variety of political topics--for 30 minutes straight. The Iraq surge debate, US/Iran, Global Warming, Presidential Endorsements (Kaine & Rush for Obama, Swift for McCain), and GOP candidates all running to the right.

It wasn't the best show, but under the circumstances I'm quite pleased.

And also, I have to say thank you, because had I not browsed through some blogs prior to walking to the radio station, I'd have been utterly lost.

Kill Hannah

It's the new band I'm listening to (found via my Birthday Music Bleg). They're pretty good--not spectacular, but definitely worth listening too. I have to admit, though, I feel guilty. I know several Hannah's, and by and large they are very good people. Certainly, I don't want any harm to come to them.

So, to clarify to the Hannah's I know: I don't want you to die!

This reminds me of something my cousin said to me once while looking through my iPod:

"You know, for someone so mellow you listen to some angry music."

Test Message

I'll admit that I fear change, and so this move to the new blogger is rather scary. I don't like having to login with a gmail address I never use. Aside from that, nothing seems to be different but some minor stylistic issues. Which I don't like. Because they're different.

But since I need to write a post to confirm that this new version truly is the blogger cataclysm, here we go. A Washington Post article on Barack Obama's message man, David Axelrod, contained the following blurb:

Campaigns are narratives annotated with policy discursions.

True? I think so. And unfortunately, nobody reads the annotations. On the other hand, Obama's strength--fairly or no--is in the packaging more than the substantive content. So even though I think Obama could and should win on a policy race alone, in the political campaigns we get stuck with, he's pretty well positioned too.

Wednesday, February 14, 2007

Liberals Say....

Apropos a class discussion more than anything else, I want to reveal one of my pet peeves. Basically, it involves arguing against a strawman of some liberal bogeyman (feminists, the "political correct") as a justification for opposing a certain group or claim. For example, my roommate once lamented the manner in which politically correct speech has made discourse ridiculous. I asked him for an example, and he cited calling short people "vertically challenged." I then queried if ever, in his life, he had met someone who had demanded he refer to short people as "vertically challenged."

He hadn't, because virtually no one, including the feared arbiters of politcal correctness, is that insane. And when pressed for examples he had actually had experienced, my roommate couldn't think of one directly. Thus we have a problem--a parade of horribles which exists only in the mind somehow gets transfered as a key policy of a group that advocates nothing of the sort. So we hear about how feminists hate men (which ones?), or Democrats want us to lose in the war on terror (name names?). It's not that there are no people who believe spectacularly stupid things out there--and yes, I have encountered self-declared "feminist" writers who really do hate men. But these people are tiny, tiny fringes--completely marginal to the movement at large, with no institutional support and no relative power. Alternatively, you'll have a single position get ascribed to a whole group that really is having an uproarious internal debate on the subject. For example, I can't tell you how many times I hear feminists get blamed for creating our contemporary raunchy, sex obsessed culture, and yet there are plenty of feminists who have been at the forefront of opposing these developments, including the ultimate feminist bogey(wo)men, Catherine MacKinnon and Andrea Dworkin, who went as far as to call pornography a civil rights violation. Nearly every time I read a conservative "critique" of post-modernism, I am left more convinced than ever that these people don't have the foggiest idea what post-modernism entails--and I suspect some of the more honest ones would admit that they have not read any of the major works. Yet somehow that doesn't stop them from launching into long diatribes about how the post-modern worldview is devilish and evil.

So, moral of the story: When critiquing a group for arguing X, a) make sure that they've actually said it, b) make sure that it's all or most of the group that said it, rather than a point of contention within the group, and c) know exactly what the group is talking about when it says it supports X.

In other words, don't be ignorant. Sheesh.

Tuesday, February 13, 2007

Obama Report

Paul Mirengoff forwards the claim that "The fact is that, but for his race, no one would even consider Barack Obama presidential material in 2008." I refer the Powerline blogger back to Cass Sunstein's thoughts on the matter:
I have no idea how Obama would be regarded if he were white. (He might be regarded as this generation's Jack Kennedy; the two have a similar quickness, youth, charisma, and capacity for humor.) But for any successful politician, there are many necessary conditions for their success. Would George W. Bush be president if his last name were not Bush? Would Al Gore have become vice-president if his last name had not been Gore? Would Senator McCain be a serious candidate for the presidency if he had not been held prisoner in Vietnam? Would Bush, Gore, or McCain be where they are today if they were African-American or Hispanic? (What kinds of questions are these?)

Of course, as I've noted, the experience issue should not be solely thrown at Obama. Indeed, if I recall correctly, of the major players in the '08 race, Obama has more elected experience than all the other top candidates save John McCain (comparing to Romney, Giuliani, Edwards, and Clinton). Indeed, if you want to talk about a candidate who we should be hitting on experience grounds, how about Rudy Giuliani, whose electoral experience is two terms as mayor. Yes, I know New York City is really big, but still--I don't think one can credibly say that Obama doesn't have enough national experience to become President when you're seriously considering a candidate whose never even risen to the level of state government.

Meanwhile, in this list of early '08 endorsements, I noticed that Obama had picked up the support of Illinois Democratic Representative Bobby Rush. Rush, of course, faced a primary challenge from Obama in 2000, which he beat back by labeling Obama "not Black enough" for the district. I would have thought there would still be some bad blood from that. But it's all for the best--it would be highly embarrassing if Obama had a defector from his home congressional delegation.

Busy Day

Busy day today. I was on BBC radio to talk about the surge in Iraq. I preceded Maryland Rep. Wayne Gilchrest (R), who was mistakenly identified as my own representative. This must have been one of the more confusing parts of the show. I mentioned to the hosts that I too was from Maryland, and they took that to mean I lived in his district, which isn't true (Gilchrest represents the eastern shore, while I live in a D.C. suburb represented by Chris Van Hollen (D)). Plus, they identified me as calling in from Minnesota. Anyway, I noted that while I didn't think the surge would work, the real test for those of us (including myself) who supported the war, as politicians or as statesmen, is to recognize that we made a mistake, and that we'll have to leave recognizing that our operation was a failure. To Gilchrest's credit, he did not reject the formulation of the war as a "mistake", though he did not wholeheartedly endorse it either, and went on to hedge about successes we've had preventing Iraq from getting WMDs or harboring al-Qaeda training camps (!?!). But Gilchrest does appear to be voting against the surge, and is calling for an orderly withdrawal, preferably within the year.

Next, I had an interview with Chalmers Johnson, head of the Japan Policy Research Institute, and author of the acclaimed Blowback trilogy, which recently concluded with the publication of Nemesis: The Last Days of the American Republic. For those of you who don't know, Johnson wrote Blowback in 2000, arguing that US meddling in global affairs will inevitably lead to a backlash against us by people who feel crushed under the weight of a virtual American empire. It was met with a crushing wave of indifference until September 11th, 2001, when his hypothesis went from radical to prophetic. Since then, Dr. Johnson has become ever more pessimistic about the state of the American Republic, culminating in his latest book, where he literally claims that the US is faced with the choice between its democracy and its empire.

This interview will appear in a few days exclusively on The Debate Link, and then will be published in the Spring 2007 edition of The Lens Magazine.

Monday, February 12, 2007

Prison Rape and Extra-Legal Violence

Ezra Klein wrote a series of posts on Prison Rape that are really worth reading. As it happens, my roommates were busy cracking jokes about prison rape while I was reading them, and I kind of flew off at them. Accuse me of having no sense of humor, if you will (and they did), but when the conceptualization of a problem as a popular joke is one of the key barriers to fixing it, I don't think it's a neutral action to play right into that structure (this distinguishes it from ironic humor designed to show the absurdity of a given practice--a joke about racism that derives its humor from the fundamental ridiculousness of racial hierarchy is different from one which thinks racism itself is funny).

The post series itself is important, because this shouldn't be a joke and this shouldn't be a problem that we allow to fester any longer. The issue isn't even that we ignore the occurrence of prison rape. Much the opposite, as Robert Farley noted, "the public at large has simply concluded that a) rape is an integral part of prison life, such that a five year prison sentence automatically includes five years of rape, and b) that anyone who goes to prison is irredeemably besmirched, and thus deserving of constant rape." Klein says that in a very real sense, the rights violations we tacitly approve and sanction in our own prison system are qualitatively worse than what occurs in Guantanamo Bay. Indeed, a New Republic article from 2004 made precisely that point, noting that the abuses that captivated the public eye when shown from Abu Gharib would have been just another day in a Texas penitentiary.

The irony is that if you ask it very bluntly, most people won't put their money where their mouth is. While a great many people will say that we should kill killers, far fewer would agree that we should rape rapists, much less drunk drivers or money launderers. Of course, this creates a legal fiction that allows us to dodge our own complacency in the abuse--because we don't specifically authorize rape as a punishment, we can dodge accounting for it even as it occurs under our watch, our jurisdiction, our mandate. I imagine that even the most oppressive governments don't have laws specifically designating rape and torture as punishments--and as a democracy, we don't have the excuse of not being at least partially responsible for the actions of our governments. The fact that it happens, and it shouldn't, is enough to justify demanding the government at least pretend to care about it.

Farley continues to offer an explanation for why we're so disturbingly sanguine about prison rape in our borders: that in American discourse, there is a "conviction that society requires extra-legal violence in order to hold together." The Making Light blog expands on this theme, arguing that its most pernicious form is when it goes on to argue that this something all wise people just know. If you believe that society can exist without extra-legal violence, you're deluding yourself. This is what brings together the heroic torture in 24, the wink-and-nod attitude towards lynching in the early 20th century, and the idea that whatever prisoners get while in prison--even if nominally not sanctioned by the law--is their just deserts. It's a sick view, and if left unchecked it will spell the end of rule of law in this country--as it did in the lawless post-reconstruction South, as it did in the lawless Jim Crow America, as it's doing in lawless Black sites we've established around the world.

UPDATE: This topic actually got a lot more play, from a far more diverse array of bloggers, than I would have expected.

James Joyner:
That homosexual rape is routine in our prison system is so widely acknowledged that it is part of our pop culture humor. Yet there seems little outcry. I don't have any sympathy per se for complaints about "overcrowding" of convicted felons but the jungle atmosphere that pervades our penitentiary system is a national disgrace and rather clearly violates the letter and spirit of the 8th Amendment.

Professor Bainbridge notes that "[Convicted Tyco Executive] Dennis Kozlowski faces spending the rest of his life worrying about prison rape," and argues that this very real prospect should factor into our larger debates about corporate fraud. While I don't particularly like the idea that prison rape will only become an issue because rich White men are threatened, he's not wrong.

Booman Tribune, on prisoner abuse more generally:
[G]iving someone HIV and subjecting them to rape, assault, and torture is inhumane, it's illegal, it's immoral, and, in this case [a DUI conviction], it is completely incommensurate with the offense. It's appalling what goes on in our prisons. I saw another piece on American prisons on 60 Minutes last night. A prisoner with mental problems was allowed to die of thirst in a Michigan prison. They were strapping him to his bed for 18 hours a day. They caught his death on tape.

Shakespeare's Sister observes a distinct difference in the discourse employed regarding these rapes--specifically, "No one is suggesting that rape victims in prison are 'crying rape' for ulterior motives."

Reason Magazine on why the 2003 Prison Rape Elimination Act does not do enough to solve the problem--rather than criminalizing prison rape, it simply adds another oversight bureaucracy (hooray!). Having passed it, we're back to the norm of making fun of prison rape:
We were funding [the act] because the shame of prison rape had finally boiled over to the point where people wanted to feel like they were "doing something" about it. Having "done something" about it, we are back to the norm of wanting to beat up bad guys and lock people in prison. Sean Hannity, who ruthlessly mocked Abner Louima after he was sodomized by New York City police, has two TV shows. Bill Lockyer, who gleefully talked about Ken Lay getting raped in prison, left the office of California attorney general... and became California treasurer. Here's his 2010 campaign site. Smugness about prison rape is to looking "tough on crime" as smugness about torture is to looking "tough on terror." It is easy, and there are no repercussions.

Echidne also articulates the "put the money where the mouth is" by saying we should explicitly write into law all the punishments one can expect (and that we'll tolerate) when you are sent to prison:
What is it that the inmates are stripped of? What rights do we think they should no longer have? Note how many states have decided that ex-felons should never be allowed to vote again or not for a long time at least. Perhaps we should list all the different types of punishments in a legal form so that everybody knows what it means to go to prison. It's not just the restraints on a person's freedom of movement.

Megan McArdle rehashes her old post:
I do not believe the state is morally allowed to do that which individuals are not morally allowed to do; I do not believe that prison sentences should have "off label" uses; and I think that if you are willing for the state to impose a sentence in your name, you should be willing to carry it out. I am not willing to execute a prisoner, or to rape one. Therefore, I don't authorise the state to do things for me. Nor do I want those tasks delegated to some fiendish thug in order to give myself plausible moral deniability.

If you do think that rape is an appropriate punishment for securities law violations, then you should say so. You should pressure your representatives to write these penalties into law. And when volunteers are needed to carry out the sentence, you should be willing to put your name in the hat.

And she adds this capper: "I do not think that there is any crime for which the appropriate punishment is rape."

Amen.

Giuliani/Lieberman '08

Jon Chait comments on the prospect of a Giuliani/Lieberman ticket in 2008. It's an interesting possibility, and not inconceivable. Basically, this ticket would mean the GOP is doubling down on the security issue after getting thrashed on it in 2006. In normal circumstances, I'd say this is a losing proposition--for very good reasons, the GOP has been running scared of Iraq and like issues, knowing that they will be hung like a weight around their neck in 2008. Could a Giuliani/Lieberman neutralize the CW on this issue? Giuliani reminds America of the time immediately after 9/11--scary, to be sure, but they associate it generally with the moral clarity and focus we're missing now, and him specifically with leadership and vision bringing NYC together in the wake of the attack. Maybe a self-deceptive recollection, but it's what's out there.

Chait elaborates:
Lieberman strikes me as both a shrewd choice for Veep and a likely candidate to get it. Republicans have been largely discredited, so their best chance is to persuade the public that the Democrats are not a legitimate alternative. Lieberman, as a nominal Democrat, would have the best chance of making the case that his party has been taken over by a left-wing fringe. Indeed, that's pretty much what he's saying now. In fact, I think he's trying to set himself up to run on the GOP ticket in 2008.

I want to say that, as someone who supported Jim Jeffords' party conversion in 2001, I think Lieberman has every right to leave the Democratic Party and run on a GOP ticket if he sees fit. But we shouldn't delude ourselves--him and Giuliani on a ticket would represent an endorsement of the Bush foreign policy in which Americans have largely lost faith. The only question is whether or not Americans will know what they're voting for. And that will require the media to resist the easy narrative about a "moderate" GOP ticket, and point out that on arguably the most important issue facing the electorate in 2008, Giuliani/Lieberman would represent the status quo. If they're going to run that ticket, Americans deserve to know what they're being presented with.

My Old Firm In The News

Donald Rumsfeld has been spotted in the offices of Williams & Connelly, a top-caliber DC law firm.

Your host worked in the library at WC in the summer and winter of 2005, an experience I liken to interning at Wolfram & Hart. Very nice people, you understand--but very much in the service of evil. WC does a lot of things (some of them quite innocuous, like agent work), but it tends to be called into service by people who are a) very rich and b) very much in trouble. Reading the press clippings around the office, the phrase that popped up most often was "scorched earth tactics."

But hey, maybe he was there to get a book agent.

TNR Blog Rolls

I'm unfortunately too sick to really add anything substantive today, but I wanted to call attention to three stellar items which all showed up on various TNR blogs today.

The first is by David Greenberg on the media's sheep-like insistance on calling Rudy Giuliani a "moderate". Wrong, wrong, wrong. While Giuliani may indeed be "moderate" on the issues of abortion and gay rights (and it is unclear whether those stances will survive the GOP primary), these are not the only issues by which one's moderation is judged. Greenberg notes that in governing philosophy, Giuliani has displayed a frankly disturbing affinity for near-authoritarianism--silencing dissent, purging critics, and even trying to extend his own term in the wake of 9/11 chaos. It's worth noting that this form of conservatism, while perhaps not as viscerally infuriating as radical right positions on the culture war issues, is really the biggest threat currently coming out of the right. This has been the signature aspect of President Bush's conservatism--not social issues, where the Christian Right feels betrayed. Americans deserve to know if their vote will be a referendum on this "style" of governance.

The second is about Pat Buchanan, who continues to intrigue me as one of the few conservatives who outwardly seems to dislike Jews more than Blacks. So many conservatives have made it their mission to convert the Jews to Christ the GOP that it's very rare to see one who is so overt in suspicion towards us.

The third is by the incomparable Sacha Zimmerman, who details how the US is refusing to let in refugees who are fleeing from sexual violence (specifically, from countries whose governments don't provide adequate protection against sexual and spousal violence), apparently because it would mean we'd have to...let in refugees. And "huddled masses" takes yet another step towards historical trivia.

Sunday, February 11, 2007

Excuses

Professor Farnsworth adequately sums up my feelings towards playing floor hockey tonight:
Farnsworth: Forget it, I'm not going! I have my reasons! Shut up, all of you! My hip hurts! I'm in the middle of cooking a turkey! I have warranty cards to fill out! I am not just making excuses! Alright, I'll go!

Objectively speaking, there is no reason I should be playing tonight with my headcold. Subjectively speaking, I love floor hockey. And it just wouldn't be my 21st Birthday if I didn't do something that is both fun and recklessly dangerous in the evening. Since floor hockey is both more fun and less dangerous (to me anyway) than drinking, floor hockey it is.

Calypso

Today, at 6 AM on my 21st Birthday, I achieved a dream I've been pursuing for several years--identifying and then acquiring the song "Calypso" by Spiderbait. It's from the movie "10 Things I Hate About You," but it's not on the official soundtrack. So I only knew it by the 25 second clip it got in the movie.

Sunshine, on my window, makes me happy, like I should be
Outside, all around me, really sleazy, then it hits me....


It's also not on iTunes, which meant I had to acquire it through less...scrupulous means. But I did request that iTunes add it to their library, so future patrons will pay retail.

The upshot? Disappointing, as a whole. But the first 25 seconds rock as much as ever.

Friday, February 09, 2007

21

It's my birthday weekend (I turn 21 on Sunday). So if I seem to blog less frequent then usual over these next few days, rest assured it's a complete coincidence.

Thursday, February 08, 2007

Noblesse Oblige

Mike Crowley on the media's discovery that John Edwards is actually rich:
The weirdest emerging theme, as seen in the lede of this AP story, is the implication that having money and a fancy house somehow exists in tension with Edwards's concentration on poverty in America. To the contrary, I say. If only every millionaire with a mansion in the Hamptons or Malibu gave more of a damn about poverty, and less about tax cuts or the availability of a good helicopter pilot, we might make some progress towards eliminating the American underclass.

Amen. Rich people have a particularly important responsibility to fight against poverty, because they are the key beneficiaries of the capitalist system which put them at the top, and others at the bottom. White people have a particular obligation to remedy racism, because they are the key beneficiaries of the racist system which gives them undue advantage.

Or, to state it broadly: "Human beings have a moral obligation to try and remedy unjust systems of which they are the beneficiary."

As I clarified in that post, this is not saying that said beneficiaries are responsible for the unjust state of affairs. White people are, by and large, not responsible for the web of White privilege which gives them their advantage. Rich people should not be looked upon as evil because they amassed wealth. This is not a guilt/innocence issue. This is about fairness and distributional justice. If you believe it is unfair for children to grow up in grinding, hopeless poverty simply because of their parents, or that a laid off mill worker is not at fault when his factory got outsourced to China, then you're admitting that the Capitalist system creates losers who do not "deserve" to be there, and the people who are winners in the same system have to fight against that.

So, good for Edwards. The fact that he's wealthy means we should expect him to fight on behalf of the American underclass. It's sad that we appear to be surprised at the prospect instead.

Bias Within Bias

Talking with a friend today after class, I remarked that much of my thinking on Israel/Palestine issues had moved away from the nuts and bolts of the conflict itself, and towards the meta-issue of how we talk about the conflict. This is the instinct that prompted my narrative frames post, for example. To a large extent, I truly do not believe that our society has figured out the ground rules of a conversation on this issue that allow all parties to participate while feeling like they are given equal consideration and due treatment. Because of this, the discussion on the discussion holds considerable importance to me--until we get that debate resolved, I believe the policy issues will indefinitely loop around and never actually be resolved.

In that vein, David Adnesik has a great post examining the claim that the media is more likely to report Israeli civilian casualties than their Palestinian counterparts. The subject of his inquiry is a report by FAIR that claims to have found this trend in NPR reporting on the conflict. This is FAIR's conclusion:
An Israeli civilian victim was more likely to have his or her death reported on NPR (84 percent were covered) than a member of the Israeli security forces (69 percent). But Palestinians were far more likely to have their deaths reported if they were security personnel (72 percent) than if they were civilians (22 percent). Of the 112 Palestinian civilians killed in the Occupied Territories during the period studied, just 26 were reported on NPR. Of the 28 Israeli civilians killed in the Territories--mostly settlers--21 were reported on NPR.

My narrative theory can account for this--indeed, on my earliest pieces on narrative dealt specifically with Journalistic Narratives. The narrative that creates this "bias" could be one of many things--it could be an implicit view that Israeli lives are more valuable than those of Palestinians. It could be that a desire for evenhandedness makes the media attempt to report casualties at a 1:1 rate, which yields the bias because there are far more casualties on the Palestinian side during the measured time period. It could be the manner in which Israeli deaths occur makes them more "reportable"--Adnesik notes that many of the Israeli deaths occur from massive suicide bombings that kill large numbers of civilians at once, while Palestinian deaths tend to happen in more isolated incidents. Any of these or other potential narratives, or any mix of these, could cause the disparity FAIR sees.

FAIR offered a spreadsheet to buttress its analysis, and Adnesik argues that it shows that the disparity is explainable by factors that are not related to any implicit devaluing of Palestinian life. The data apparently verifies my aforementioned point that Israelis tend to die in bunches, while Palestinians die one-by-one. He also points out that the status of many of the Palestinians FAIR labels as civilians is quite ambigious--FAIR does not seem to account for the presence of armed militants who aren't part of the official Palestinian Security apparatus, which seems like an elementary mistake--and the breakdown of what type of people are dying fits "the demographic profile of a fighting force." If NPR was more willing than FAIR to examine the prospect that some of these "civilians" were actually militants, it may then have decided that a battle that resulted in one death in a longstanding civil war is not worth its ink.

Thus, Adnesik concludes that
What NPR covered most was terrorism -- the intentional murder of civilians, especially when more than one was killed at a time. One might argue that a focus on terrorism is not the best way to cover the Israeli-Palestinian conflict, but that is very different from arguing that the US media devalue Palestinian life and fear the retribution of the Jewish lobby.

So what do we draw from this? Well, as Adnesik says, one can argue that the focus on terrorism ends up biased towards Israel because the types of deaths it suffers are far more likely to meet the moniker than the deaths it inflicts. Or one could argue that NPR's decision calculus is perfectly acceptable, as there is a qualitative difference between civilians being delibertely targeted for death, and "civilians" who are possibly militants dying (or alternatively, civilians dying as collateral damage during operations against militants, which we've sort of internalized as one of the necessary tragedies of war).

Ultimately, then, the question of whether the media really is showing "bias" towards Israel is determined by whether its facial reasons for reporting disparity are coherent and meaningful conceptual categories, or are merely serving as a facade for the slant. That's not resolvable without getting inside people's psyches (again, back to the narrative frames issue), but at the very least, the reporting is not inarguably biased in favor of Israel.

Blogroll Moves

Some new additions to my blogroll:

Faux Real Tho has been linking to me reasonably consistently in her round-ups, which pleases me. More pleasing is that she links to the posts I actually find interesting--it seems that many of my links go to some of my least favored posts.

Black at Michigan is erudite and always worth reading. It's a recent discovery of mine through Rachel's Tavern, and I've been impressed by what I've seen so far.

To both of those two, I'd also be honored to be placed on your blogroll (however, I don't really believe in quid pro quo trades on that respect, so if you don't want to, that's entirely okay).

Wall of Separation, blog of Americans United for the Separation of Church and State, also makes its debut.

Finally, That Black Lesbian Jew doesn't really blog frequently enough to get on the 'roll, but I think that if she ever starts cranking those gears, her perspective would be a fascinating one, so I'll keep my eye on it.

Congratulations to the newly inducted!

Wednesday, February 07, 2007

Glenn Beck's Race Problem

Since the very first time I saw him, I've always been keenly aware that Glenn Beck is a nut. So the following will not break any shattering new paradigms in that regard. But Steve Benen's analysis on why Beck justifies having so few Black friends is worth saving, simply because it shows the severe infirmities of a "color-blind" outlook at remedying racism. Here's Beck (talking with conservative Black author Shelby Steele):
"You know, I -- Shelby, I don't know if anybody else in the audience -- oh, this is just going to be a blog nightmare over the next few days -- but let me just be honest and play my cards face up on the table.

"I was thinking about this just last week. I don't have a lot of African-American friends, and I think part of it is because I'm afraid that I would be in an open conversation, and I would say something that somebody would take wrong, and then it would be a nightmare."

There are obvious things to say about this comment (starting with the fact that Beck seems utterly oblivious to the possibility that he might learn something from his would-be Black friends offense about race), but I want to bracket them for now. I just want to note that Beck, if pressed, probably would not admit that this is a racist action on his part. He's not not friends with Blacks because they're Black, he's not friends because he doesn't want to hang with people who will make him feel uncomfortable (which just happens to track being Black). Obviously, this is quite transparent to the folks observing at home. But it does show the infinite malleability of "color-blindness" to justify nearly any racial inequity (and it's been serving in that capacity since Jim Crow).

Is Beck's instinct shared by many White Americans, who also seem unreasonably skittish about interacting with Blacks because they're afraid they'll screw up and get tarred with the label, "racist"? Yes, I believe it is, and I believe it is something that needs to be addressed seriously and remedied (rather than simply chided from afar). But that won't happen as long as we delude ourselves into thinking that it is "color-blind" thinking on the part of White Americans. It isn't, and it can't be treated that way.

Assortment

If you've noticed, I've been a bad blogger the last few days. The reason is that I'm trying to kick a rather nasty cough/cold before the weekend, when my birthday is. And it just took a turn for the worse.

So part one of this post asks the question: What do the following symptoms signify? A few days of a wracking cough, followed by really stuffy sinuses (but the coughing has stopped), and now the sinuses plus a sore and somewhat swollen throat?

People who don't have anything valuable to add to that conversation can instead debate their favorite Futurama episode. I think I'd probably have to say Love and Rocket, either of the two Xmas Stories, or Crimes of the Hot. But right now (this changes all the time) my favorite line in the show comes from I Dated a Robot, featuring the "Erotic Assassin" style Lucy Liu-bot saying, in a robotic voice: "I am Lucy Liu, give me your spines."

Devoted Lucy Liu fan that I am, I laughed uncontrollably.

Tuesday, February 06, 2007

Israel's Silence on Darfur

Martin Peretz rips into Israel for its anemic response to the Darfur genocide. The country founded on "never again" simply cannot stand idly by while, two countries over, genocide rages on.

I've noted that Israel has somewhat of an excuse not to be more vocal on the Darfur issue--the Sudanese government is already labeling the anti-genocide push as a Zionist Plot, and it seems foolish to play into their hands. However, as Peretz notes, Israel is also refusing to take in Sudanese refugees seeking asylum in its country. There is no excuse for that.

Monday, February 05, 2007

Narrative in the Israeli/Palestinian Conflict

Narrative is an inescapable condition of our lives. We organize and interpret reality through the lens of narrative spheres, taking otherwise discordant, unverifiable, or incomprehensible events and reinterpreting them so they represent order, meaning, and reality. This clashes rather harshly with the prevalent view that our perceptions reflect (more or less accurately) something "real" and that our perceptions are shaped solely by reality (rather than any influence in the other direction). But, popularity notwithstanding, it still remains true that--in the words of a fictional debate coach--"reality isn't."

Different narratives can coexist, but often they compete and sometimes they completely nullify each other. Indeed, the adaptation of one narrative necessarily involves the suppression of others. This is problematic, because the undeniably pluralism of reality makes it more than likely that even suppressed narratives contain grains of truth inside of them, and their marginalization thus operates as a cognitive shortcut to simplify (but distort) our perception of the world. Yet it is unavoidable--it is impossible to function while simultaneously affirming every possible narrative existent in the wide world.

I think this offers an important qualifier to discussions on the Israeli/Palestinian conflict. There are many narratives clashing here: Jewish restoration of homeland versus Palestinian naqba, Binational versus unitary states, terrorism or resistance. People adopt a favored narrative and then interpret events through that lens. So, in the comments to the last post we discussed the shooting death of a young Palestinian teenager by the IDF. As usual, there are conflicting stories as to what happened--the IDF says he was trying to cut through the security barrier, his friends and family say he was riding a horse near the barrier but was not attempting to cross it. Whom one believes is largely a function of how one more broadly conceptualizes the narrative of the Israeli/Palestinian conflict. My internal narrative frame emphasizes anti-Jewish oppression, of which Israel is supposed to be a haven from. In this context, Palestinian attacks on Israel is simple a localized version of a global trend. Israel's actions are understood in the context of preventing another Auschwitz--never again will we meekly march to our own graves. This narrative has a supporting super-structure of news reports, historical anecdotes, stories, polls, etc., which buttress the idea that much of the violence stems from Palestinian and Arab anti-Semitism and their illegitimate inability to come to terms with having Jewish neighbors on "their" land. And Israel, for its part, qualifies its behavior based on Jewish experience and ethics, which desire to minimize civilian casualties and have an ultimate desire to live in harmony with its neighbors. Civilians still die, of course, but these are seen as mistakes, tragedies, or products of Palestinian terror groups basing their operations within civilian populations.

Of course, even within this narrative, it is quite obvious that in any given case (or in this case) the Palestinian teenagers and their families may be telling the truth. All armies contain brutes who like inflict suffering, and the hierarchal nature of occupation make exploitation easy to cause and easier to cover up. But since I have no way to independently verify what happened in any particular case, I mentally categorize the events as what they are "most likely," which is accordance with the dominant narrative. The net effect is suppress instances of illegitimate Palestinian suffering that I theoretically "know" happen but never actually grapple with because I can derail their entry into my consciousness at the level of the particular event.

Hence, the dominant narrative of Israel attempting to defend itself from its enemies, while trying to do so as ethically as possible, suppresses a counter-narrative that I also know to be legitimate--that Palestinians, many of whom are innocent, are dying or are otherwise harmed by Israeli policies, that they face suffering which is illegitimate. My narrative also obliterates (i.e., refuses to recognize the legitimacy of) still other counter-narratives, ones that might challenge whether Israel legitimately exists at all, or whether it has any particular ties to ethical behavior constraining its action.

I focused this piece on critiquing my own narrative, because the point of the post is to be cognizant of the manner in which our internal proceedings construct and constrain our political horizons, and it would be hypocritical to try and deny this in ourselves. But it is important to note that the exact same analysis applies going in the other direction. A narrative which assumes Israeli mal intent, for example, might theoretically be aware that any individual IDF soldier is responding to a genuine threat, but subsumes that narrative into the dominant one suggesting Israeli brutalism as the primary precipitation of violent activity. This narrative obliterates the counter-narrative (i.e., the element of my narrative) that says Israeli institutions do care about such ethical boundaries. Still more radical narratives, such as the one that says Israel had no right to exist in the first place, forcibly exclude counter-narratives about Jewish history in the region, Israel as a haven for oppressed Jews, and other sundries which are part of my reality and my existence.

As I said, to some extent this is unavoidable, as no narrative can necessarily be complete or all-encompassing of reality. Yet, I don't ask of that impossibility. Rather, I use this example to ask us to be cognizant of our narratives, and recognize that by defaulting to particular views of the world, we are necessarily depriving ourselves of the full extent of the reality out there. A little humility is in order.

Leland's Grave

The Wall of Separation blog (arm of Americans United for the Separation of Church and State) has an interesting post on George W. Bush winning the Southern Baptist Convention's John Leland Religious Liberty award. The post points out that, given the history of Mr. Leland, awarding it to someone like President Bush is a sick joke. Leland was a firm advocate for separationism, and he actually spoke out against "toleration" because he said it did not go far enough:
The liberty I contend for is more than toleration. The very idea of toleration is despicable; it supposes that some have a pre-eminence above the rest to grant indulgence; whereas all should be equally free, Jews, Turks, Pagans and Christians.

Leland also wrote that "the fondness of magistrates to foster Christianity has done it more harm than persecutions ever did," and maintained suspicion of politicians who wore their faith on their sleeve.

It is a well-documented historical irony that the Baptists, some of the most stalwart defenders of religious liberty (for minorities especially) at the time of the founding, have now become associated with an aggressive drive to mix Church and State into as indistinguishable a blend as possible. In fact, this is somewhat unfair, as it is more the Southern Baptist Church, which broke away from the larger Baptist movement in the mid 19th century (largely over slavery issues) that has really been driving for Church/State unification. My impression is that the original Baptists remain reasonably committed to a separationist standpoint. Leland had already died by the time of this schism, but his legacy is most certainly not expressed by the SBC award recipients.

The Case for The Case for Israel

David Adnesik is going to read and comment as he works through Alan Dershowitz's The Case for Israel. The stated point of comparison is to Norman Finkelstein, which seems to give Dershowitz an advantage from the start. I read The Case for Israel a few years back, and thought it was pretty good (not spectacular), however, I wasn't really in a stage of my intellectual development where I could cast a truly critical eye on it.

Adnesik's thoughts so far? Dershowitz wildly overestimates his own abilities, and his use of courtroom stylistic motifs is obnoxious and unhelpful. That being said, Adnesik appears to be convinced that Dershowitz is at least somewhat openminded, nuanced in argumentation, and does not qualify as a "loon."

Sunday, February 04, 2007

Transition

I didn't know this:
As a retired judge, O'Connor maintains an office at the Supreme Court, still draws a salary and fills in as a judge on the federal appeals courts.

I know that retired judges got to take "senior status" and would sit by designation on appellate panels, but somehow it never occurred to me that Supreme Court judges would do it too. That's got to be a little bit of a letdown. What if she's on the bottom of a 2-1 decision? "I used to own you people!" It would just be a bit rough on the ego, I think.

Da Bears

I was leaning towards rooting for them anyway, and this post was enough to convince me.

Plus it means I can put this picture on my blog.














As Stephen Colbert might say: The Bears are "godless killing machines without a soul." And what more could you want from a football team?

Ball Tribulations

I had a wonderful time at the Ball last night. But there was a problem. At the end of the night, as my date was getting ready to board the shuttle to go home, I leaned in to give her the ceremonial peck on the cheek. Alas, I did not get her cheek. Rather, I hit the ear-flap on her warm winter hat (it was, after all, probably -10 degrees outside). This is not the first time this has happened. The last time I recall attempting to give a kiss on the cheek, I ended up swallowing a mouthful of hair instead. I think I'm aiming too far back. I just hope this is the sort of thing that is endearingly awkward, rather than sad.

The night wasn't a total loss. I progressively learned how to dance from pretty much a cold start at the beginning of the evening. By the end, I had cobbled together a half-respectable West Coast Swing. When I told a friend (who does know how to dance), she said "Congratulations! West Coast is hard!" This leads me to suspect that I wasn't actually dancing West Coast, but rather a mutant hybrid formed from half-baked Bar Mitzvah memories. But whatever it was, it was actually pretty good.

So, in conclusion, balls are fun. And don't lean too far forward.

Saturday, February 03, 2007

Palestine's Civil War

The brutal civil war between Hamas and Fatah continues to rage throughout Palestine, as several attempts at creating a cease-fire have collapsed.

From a humanitarian standpoint, obviously I want the violence to end. There has been too much bloodshed in this region even without this latest conflagration, the last thing we need is more gunfire. But I'm not sure who has the leverage to stop it.

Israel potentially could intervene in some form (I'm not sure what), but is it clear they even want to? From a purely self-interested perspective, it could go either way. On the one hand, a destablizied Palestine is a Palestine that will not be able to make any progress towards a lasting peace with Israel. As long as this internal conflict festers, the peace process is on an indefinite hiatus, which is not good for the Jewish state. On the other hand, Israelis cannot help but notice that as long as Palestinians are shooting at each other, they're not shooting at Israelis. Indeed, one of the key lines media reports have brought out from the Palestinian street is people calling for an end to the civil war so they can concentrate on attacking the Zionists. It is unsurprising that Israel may not be too keen on assisting them in the process.

I don't know how much influence surrounding Arab states have on the Palestinian miltia groups. Maybe they can put a stop to the violence. Of course, even aside from Israel's interests in the matter, Seth Weinburger forwards that the conflict may be a textbook scenario of "Give war a chance". Maybe we just have to wait for the dispute to burn itself out (always a great strategy in Middle East conflicts).

Friday, February 02, 2007

Branching Out

I'm doing a radio show in a half hour. A music radio show (a friend of mine is tired, and wants me to stand in for him).

I'll try not to make it suck too much.

UPDATE: Here was my playlist, if you're interested.

1) Le Disko -- Shiny Toy Guns
2) Cosmopolitan -- Nine Black Alps
3) Stupify -- Disturbed
4) Animal I Have Become -- Three Days Grace
5) Blow Me Away -- Breaking Benjamin
6) Innervision -- System of a Down
7) Infected -- Bad Religion
8) We Still Kill the Old Way -- Lostprophets
9) The New Transmission -- Lostprophets
10) Bruises -- Unloco
11) Downfall -- Trust Company
12) Girl in a Box -- 76
13) Objects in Space -- 76

I Can Give Props

Virgil Goode announces he'd attend a Muslim gathering (if invited).

Good for him. If nothing else comes out of this controversy, hopefully it will be one Congressman broadening his horizons a little bit.

Reb of the Rings

In my Jewish Theology class today, we were talking about how Orthodox Jews "cheated" with regards to not turning on lights on Shabbat by having automatic timers. It was actually part of an interesting and substantive class discussion. Still, the only thing running through my sleep-deprived mind for the entire proceedings was a Gollum-voice going "tricksy Hobbitses...."

Fortuntately, I still had enough sense in me not to say that aloud (though I was sorely tempted). Even still, I imagine that this had something to do with my Professor's decision to "let us out early" (read: let us out only five minutes late) so we could go take naps (or, in my case, go to my next class).

It's mid-term break this weekend!

Thursday, February 01, 2007

Turnabout (Part II)

Following up on yesterday's post, two things worthy of note. First, Dina Porat writes in Ha'aretz on "What makes an anti-Semite"?
"Anti-Semitism is a certain perception of Jews, which may be expressed as hatred toward Jews. Rhetorical and physical manifestations of anti-Semitism are directed toward Jewish or non-Jewish individuals and/or their property, toward Jewish community institutions and religious facilities."

In addition, such manifestations could also target the state of Israel, conceived as a Jewish collective.

Anti-Semitism frequently charges Jews with conspiring to harm humanity, and it is often used to blame Jews for "why things go wrong." It is expressed in speech, writing, in visual forms. and action, and employs sinister stereotypes and negative character traits.

Porat gives some concrete examples of anti-Semitism as related to Israel:
* Denying the Jewish people their right to self-determination, e.g., by claiming that the existence of a state of Israel is a racist endeavor

* Applying double standards by requiring Israel to behave in a manner not expected or demanded of any other democratic nation

* Using the symbols and images associated with classic anti-Semitism (e.g., claims of Jews killing Jesus or blood libel) to characterize Israel or Israelis

* Drawing comparisons of contemporary Israeli policy to that of the Nazis

* Holding Jews collectively responsible for actions of the state of Israel

However, criticism of Israel similar to that leveled against any other country cannot be regarded as anti-Semitic.

I actually think Porat's definition is too narrow, and don't really encompass all of the examples that she gives (examples which I think should be included under any real definition of anti-Semitism).

Meanwhile, David Bernstein offers some historical perspective on Jews "turning against themselves," noting that being particularly aggressive towards Jewish symbols and institutions can be a way for Jews wishing to incorporate themselves into organizations hostile to Judaism to prove their bona fides and disclaim any lingering loyalty to their community. The examples he gives are Jewish conversos in the Inquisition and ethnically Jewish party officials in the USSR. Today, leftist Jews may feel that attacking Israel is a "rite of passage," showing that they are truly part of the left-wing community (and--implicitly by extension--no longer wedded to the Jewish community).

Again, it's important to make a distinction here (and Bernstein does at the top) between "love it so change it" Jews, and Jews who seem appalled at the very existence of Israel, the latter being the topic of discussion.

Down with the Sickness

...and I'm Disturbed.

And with Mid-Winter Ball coming Saturday, a bit frustrated.

Wednesday, January 31, 2007

Turnaround

A piece by Indiana Professor Alvin H. Rosenfeld, entitled "'Progressive' Jewish Thought and the New Anti-Semitism" has been causing a bit of a stir in some circles, apparently. The argument is that certain Jews, through unjustifiably virulent and vicious criticism of Israel, are feeding into a larger climate of anti-Semitism and thus deserve to be condemned. These Jews are "proud to be ashamed to be Jewish." Unsurprisingly, some of its targets have cried foul, claiming that the piece is designed to stifle harsh criticism of Israel. Rosenfeld, for his part, carefully draws his line between legitimate and illegitimate criticism at the claim that Israel should not exist as a state (coupled with equally vitriolic assertions that Israel is committing "genocide" or other such hyperbole).

Tony Judt responded that "I don't know anyone in a respectable range of opinion who thinks Israel shouldn't exist," so perhaps the theoretical gap between the camps is not as far as it is made out to be. Nonetheless, Rosenfeld does identify several Jewish writers have had made just such a claim, so perhaps we could all unify in condemning them at least, no? As usual, the poles should be clear: There is criticism of Israel (from liberal or conservative positions) that is not anti-Semitic, and there is criticism of Israel that is anti-Semitic. Determining what is legitimate and what isn't may be a controversial endeavor, but it cannot happen unless those two end-points are conceded.

For my part, I first want to draw attention to the quotation marks around "progressive" in the title, of which I wholeheartedly approve of. The people who would ask for the suicide of my people, condone violence against us as Jews, who wish to recreate our exile and insure our perpetual state of marginalization, are not progressives. They have no right to appropriate the term, and I refuse to yield it to them. Their claim of the label is an insult to those of us truly committed to the goal of freedom and liberation, and makes a mockery of the ideals humankind should aspire to. This, again, does not include every critic of Israel. It does include those whose response to violence against Jews on behalf of "anti-Zionism" is a resounding "Who cares?"

On the same story, Matthew Yglesias attempts to argue making "extreme or over-the-top criticisms of Israel" is completely unrelated to anti-Semitism, because it conflates Jews-as-a-people with the state. This exhibits almost willful blindness about the manner in which anti-Israel politics and anti-Semitic politics interrelate. Sometimes, the link is direct, as when critics utilize anti-Semitic slurs or stereotypes in their diatribes. This would include both more explicit references (the despicable "what if Hitler had won" poster at the UN anti-racism conference), as well as subtler moves (talking about the Zionist-controlled media, or Jewish wealth and resources being the only reason it gets support). But moreover, I think there disproportionate attacks create an indirect (but still salient) link to anti-Semitism as well. As a commenter notes, since Israel is the only Jewish-run state, disproportionate attacks on Israel vis-a-vis much worse human violators around the world (Zimbabwe, Sudan, China, etc..) can be seen as powerful prima facia evidence of anti-Semitism. To borrow from race theory, saying that the world's only Jewish state is the most brutal, vicious regime on the planet as (among other things) the Darfuri death toll ticks towards a million is "unexplainable but by anti-Semitism." There is no other possible motivating factor for such prejudicial blindness.

Again, this not only strikes me as intuitive, but is an argument that should be familiar to liberals from the race relations context, which is why it is so aggravating to watch Yglesias and his friends be always the first to assure their leftist buddies that there's no anti-Semitism to see here, continue on as normal. If saying that Jews who support Zionism are exhibiting "collective insanity" is not anti-Semitic, what qualifies? What would cross Yglesias' line? This is why I made my Yglesias/Clarence Thomas comparison in the last post. Yglesias doesn't usually indulge directly in the type of over-the-top Israel condemnation I'd condemn, but what he's doing is enabling, pure and simple. I have no doubt that he wants to see nothing but the best things for Jews, and his actually policies on Israel are not, in themselves, objectionable. But his primary contribution to the debate recently has been to serve as cover for non-Jews who don't want to grapple with how anti-Semitism may be informing their opinions on the Jewish state. And thus, his capper sentence attacking Rosenfeld is bitter irony indeed, "The idea, basically, is to scare the goyim who figure that while liberal Jews can take the heat, they probably can't, and had best just avoid talking about the whole thing." Fortunately, Mr. Yglesias is there, so that the next generation of Christians who want to call Israel the 4th Reich can have a ready-made shield against anti-Semitism: "I read Jewish bloggers--I can't be anti-Semitic!" "I have Black friends, I can't be racist!"

Good for you. Good for you.

Who Cares About Federalism?

A little while back, there was a bit of a multi-blog debate on the issue of federalism and rights. The starting point was that many liberals today are skittish of federalism, mainly associating it with Jim Crow resistence to Civil Rights reforms. However, federalism defenders say that this is nothing inherent to federalism, but rather a historical happenstance, and it is quite easy to imagine a scenario where a state might try to experiment with increased protection of minority rights, only to be shut down by the federal government. I missed this discussion the first time it went around the blogosphere, but Ilya Somin gives me a chance to weigh on the topic, remarking on Paul Horwitz's post on the Mormon cases:
Americans tend to think of federalism as antithetical to minority rights because of the history of local minorities (such as African-Americans in the Jim Crow South) being oppressed by local majorities. Utah, however, represents an important case where a minority at the national level achieved majority status within one would-be state (Utah was still a territory when the Mormons first settled there) and tried to protect its values by controlling that state government. Their experiment was, of course, cut short by federal intervention that undercut the state's autonomy.

The problem here is that all this seems to prove to me is that I shouldn't really care about the federalism issue at all (or more accurately, should completely subsume it to the issue of rights protection). If minorities sometimes are treated more justly by a federalist system, and other times by a centralist system, then the moral I take is that there is no advantage to prioritizing either one. Instead, I'll be a federalist when that creates a more just system, and a centralist when that creates a more just system.

In other words, there is no way for me to circumvent the basic obligation, which is to support systems which treat people fairly, by running to the meta-structural debate, about where political power should rest. At the end of the day, if neither federal nor centralized systems can be said to be causally related to that goal, they lose their status as primary goals and instead become purely instrumental. Instrumental debates matter, of course, but the framework changes--since I'm affirmatively putting rights over power distribution, the entire federalism/centralism debate is contingent on the degree to which either will assist in the ultimate goal in a given situation. They are not free-existing standards anymore.

Tuesday, January 30, 2007

"Guilt" and "Innocence"

Regarding the Duke Lacrosse Rape case, Kathleen Bergin reminds us some pertinent facts that have dropped out of the media narrative as the legal case for rape begins to fall apart:
(1) that team members called the two women "niggers" and "bitches"; (2) one threatened to rape them with a broomstick; (3) another spoke of hiring strippers in an e-mail sent the same night that threatened to kill "the bitches" and cut off their skin while he ejaculated in his "Duke-issued spandex;" and (4) one shouted to the victim as she left the team's big house, "Hey bitch, thank your grandpa for my nice cotton shirt." These facts are undisputed and highlight the sick and wretched depravity of this racialized episode.

The prevailing wisdom at the moment is that, at the very least, there is not enough evidence to garner a conviction in the case. And it is quite possible that a rape did not occur here. If that is true, then the defendants should be found not guilty.

But, as Bergin points out, that determination does not make them "innocent." Innocent of a particular crime, sure. But not "innocent." I can be spared all the talk about how folks lives have been ruined here.

Monday, January 29, 2007

Res Life Can Die

The following is an email I am seriously considering sending to ResLife.

***

Dear Room Draw (suitably abstracted),

The following email is somewhat overwrought, but be assured that my anger is quite genuine and is very much directed at the people whose policy decisions I blame for the current state of affairs.

A great "Family Guy" episode once showed two Jewish slaves in Egypt conversing. One tried to cheer the other up: "Think of it this way: Every group of people has to go through some tough times. But us Jews are getting ours out of the way early. From here on out, it's going to be smooth sailing!"

Being Jewish, I had much the same thoughts my Freshman year, when my draw number was a catastrophic third from the bottom. I consoled myself by realizing that, surely, my misfortune would be counterbalanced in the years to come. Unfortunately, three straight years of having draw numbers above 350 have disillusioned me of any hope in justice and instead made me an embittered shell of a man. Tragically, the fact that these numbers are randomly generated offers no solace to those of us who are the victim of statistical clustering. And so we curse to the heavens, destitute in the knowledge that our pleas for justice will go unheeded, and that the fates laugh cruelly from impenetrable towers.

Knowing full well that room draw is a stressful time for Carleton students of all years, there should be some effort to attempt balance so that students who get screwed in year A don't continue to be at the bottom in years B and C. Obviously, someone needs to be at the top and others at the bottom, but a little bit of distributional justice is not too much to ask from this otherwise stern bastion of liberalism. We have many extraordinarily bright CS majors who I'm sure would be quite eager to create such an algorithim. It's absence can only be explained by bureaucratic apathy or outright sadism towards its charges, which currently lies at the root of my hatred for life and by extension those directly responsible for my impending exile to Musser.

Seriously--why me?

Sincerely,
David Schraub, '08
494, 370something, 465

***

The numbers refer to order in class, so "465" means I'll be the 465th (out of 495) person in the class of '08 to draw for a room. So, I've been easily in the bottom 25th percentile (and often significantly worse) each and every year.

Seriously--I'm not sure I've ever been as upset at Carleton as I am right now.

Shvartze

A good article by Shmuley Boteach on "Shvartze", a Yiddish term referring to African-Americans. Literally, "Shvartze" is just the Yiddish word for "Black," but over the years it has acquired a negative and condescending connotation that makes it inappropriate for a people who should always be at the fore of the fight against racism. Boteach says that it is time to stamp out its usage in the Jewish community. Needless to say, I concur entirely.

My exposure to Yiddish is actually surprisingly limited (my very secular Jewish friend--you may have heard of her--has a far deeper Yiddish vocabulary than I do), so with the exception of a passing reference in Maus, I had never heard the term Shvartze. But to the extent that it is prevelant in some Jewish circles, it needs to be jettisoned. There is no reason to keep it, and plenty of reasons to abandon it.

Sunday, January 28, 2007

Sensitivities

Captain Ed is outraged by the "sexism" of Ruth Bader Ginsburg in her discussion of being the only women on the Supreme Court. Quoth Ginsburg:
Of herself and O'Connor, the court's first female justice, Ginsburg said: "We have very different backgrounds. We divide on a lot of important questions, but we have had the experience of growing up women and we have certain sensitivities that our male colleagues lack."

What's distressing about Ed's post is not just that he's misreading Ginsburg, it's that it seems to be willful. This is how Ed describes her comments
She then told the students that men lack the sensitivity than women bring to the bench....While decrying the supposed sexism that has left her isolated on the bench, Ginsburg wants law students to understand that one has to have two X chromosomes to understand the sensitivies [sic] of the law.

But that's not what Ginsburg said at all. She didn't say men were less "sensitive." Nor did she say that men could not "understand the sensitivities of the law." She said women possess certain sensitivities, by virtue of growing up as women, that men do not. For example, they would be more attuned to the impact of misogyny, because it is something that exists in their actual experience, rather than something studied as an abstract academic enterprise. That's a) an entirely different point than the one Ed tries to pin on Ginsburg, and b) one that's almost undeniably true.

But how does it relate to law? Ed doesn't think it does:
However, a jurist's job isn't to formulate or enforce policy; it's to render judgments based on the law. Especially at the level of the Supreme Court, "sensivitivities" shouldn't enter into decisions about the Constitutionality of a law or whether proper procedure was followed by a trial court. "Sensitivities" interfere with the dispassionate evaluation of whether the law was applied properly and whether it passes Constitutional muster.

Tragically, Ed is wrong. If a jurist is trying to determine, for example, whether sexual harassment was "pervasive" enough to violate anti-discrimination laws, or whether an abortion restriction constitutes an "undue burden" on a woman's right to choose, these sensitivities become instrumental in being a well-informed jurist. Indeed, it is impossible to make a decision utilizing these standards without some degree of sensitivity to how policy/procedure X impacts litigant Y. That is the essence of the dispute before the Court, attempting to exile it from the sphere of law is exiling law from law. It makes legal decisionmaking completely incoherent, and utterly demolishes the principle that cases should be decided as cases.

The legal formulas outlined above directly ask for the material impacts a given laws or actions have on a woman's ability to interact freely and equally in American society. It's not that men cannot fathom that impact, it's that their experience is--at best--second hand rather than immediate. Never having experienced pervasive misogyny, a male jurist may simply miscalculate the degree to which it is debilitating and prevents equal standing (and that miscalculation means that the jurist will likely just get the decision wrong). This risk is greatly magnified when there is nobody on the Court who can speak to the actual rather than the abstract. Having a female voice on the court substantiates previously abstract concerns and thus leads to more information and better decisions by all the justices. Justice Ginsburg's argument isn't that women judge better than men. It's that gender-diversified judiciaries judge better than single-sex (in this case, patriarachal) judiciaries.

It's worth noting that when this experience-based theorizing gets brought into legal spheres, people start gasping about how it isn't real law.
Is it possible that such "sensitivities" would inhibit women, making them less objective in the practice of judging cases?....Women may bring distinct gifts into the public sphere, but there is a time to cherish the differences and a time to stick to the rules so that we don't corrupt them. Ruth may be a marvelous mother and grandmother, but her ovaries have to be kept in check on the Bench so that the law remains the law. If she wanted to live by her "senses," then perhaps a different vocation should have been pursued.

Wrong, wrong, wrong.

What is being missed here is that the mascaline "professional" voice isn't more "objective," it's just different. And as noted above, the lack of direct experience by men, without countervailing checks, leads to bad decisions as a matter of law in cases where the jurist needs to gauge how the law impacts women qua women to determine if a constitutional or statutory bar has breached. I've noted in other contexts that taking a "sympathetic approach" to law can sometimes lead to better decisions under almost any barometer, while still being completely "legal" in every meaningful sense. Ironically, while purporting to argue against female supremacism, what this piece actually forwards is that masculine views of law are superior by virtue of their masculinity. This should be troublesome.

Incidentally, the reverse is also true--if a legal question specifically and disproportionately impacts men qua men, it is important to have a male perspective to make the most accurate decision possible (I'm think castration cases, maybe?). But a) these cases are rarer, and b) in any event, we don't suffer from a shortage of male judges.

D'Souza Plays Defense

Dinesh D'Souza, author of the appalling "Enemy at Home," is forced to play some defense in the Washington Post. For those of you who don't know, D'Souza's book blames the American Left for 9/11, saying that our liberal policies on abortion and homosexuality are what offends the Muslim world, and that we should thus make common cause with traditional Muslims on these issues to drive a wedge between them and the radicals. In other words, if the problem is that we have too much freedom, the answer is capitulation.

It's worth noting that he seems intent on pinning the whole controversy on the usual liberal suspects, when my impression is that even some conservatives have piped up to say D'Souza crossed the line. Even still, what's noteworthy is that he really can't escape the upshot of his argument: that we're being attacked because we actually respect freedom and the civil liberties of our citizens:
Contrary to the common liberal view, I don't believe that the 9/11 attacks were payback for U.S. foreign policy. Bin Laden isn't upset because there are U.S. troops in Mecca, as liberals are fond of saying. (There are no U.S. troops in Mecca.) [And liberals don't say their are--what drugs is he on here? --ed] He isn't upset because Washington is allied with despotic regimes in the region. Israel aside, what other regimes are there in the Middle East? It isn't all about Israel. (Why hasn't al-Qaeda launched a single attack against Israel?) The thrust of the radical Muslim critique of America is that Islam is under attack from the global forces of atheism and immorality -- and that the United States is leading that attack.

Contrary to President Bush's view, they don't hate us for our freedom, either. Rather, they hate us for how we use our freedom. When Planned Parenthood International opens clinics in non-Western countries and dispenses contraceptives to unmarried girls, many see it as an assault on prevailing religious and traditional values. When human rights groups use their interpretation of international law to pressure non-Western countries to overturn laws against abortion or to liberalize laws regarding homosexuality, the traditional sensibilities of many of the world's people are violated.

So....yes. Problem: When the US tries to act like the beacon of liberty we were founded to be, there is a backlash. Solution: Stop supporting liberty. D'Souza can twist and turn all he wants, but that is the nut of his thesis.
Even as the cultural left accuses Bush of imperialism in invading Iraq, it deflects attention from its own cultural imperialism aimed at secularizing Muslim society and undermining its patriarchal and traditional values.

Undermining patriarchy? Say it ain't so! Again, the argument from D'Souza is clear: America's conception of liberty (including, we now know, opposition to patriarchy) is exported around the world. Traditional Muslims don't like this. Hence, the US needs to reassert patriarchal values here. I.e., capitulate.

When D'Souza says that Muslims don't hate us for our freedoms, he may be right. But one thing is clear: D'Souza does hate us for our freedoms. And his book is a not-so-subtle call for eliminating them.

Saturday, January 27, 2007

Racism, Marty Peretz and Anti-Semitism

Marty Peretz is the owner of The New Republic, my personal sourcebook for political news and commentary. Oddly enough, I feel like Peretz is somewhat out of step with his own magazine, being considerably more conservative than nearly all of his writers. The type of material you'd read from Peretz differs sharply from that of Jonathan Chait, Michelle Cottle, or even Peter Beinart.

Peretz is currently being bandied about the blogosphere (Yglesias starts the firing, more on that below) for making supposedly racist comments about the Arab world. Since I am an admitted cheerleader for TNR, I feel obligated to weigh in on Peretz (if not this particular aspect of the controversy).

Peretz has always struck me as more of a tragic figure than anything else. My understanding is that he played a major role bankrolling the new left in the 1960s, until they took a nasty anti-Israel (and often, anti-Semitic) turn. Peretz felt justifiably betrayed, and his subsequent career to this point has been one large response to that moment in his life. As a result, his writings on the Arab world, while sometimes worthwhile, are more often quite grating, and in my opinion do crossover into outright malice or racism. It's not a sentiment I see reflected in TNR proper by the flagship writers, but it is still unfortunate that it should be associated with the magazine (I like Ezra Klein's riff on this). And it should be called out more often. I've been able to mentally split Peretz from the rest of TNR, but I'm not sure if that's a tenable move in the long-run, for myself or for the magazine at large.

So, that's my thoughts on Peretz. But there is at least one other charge that's come up that I feel the need to address. Unfogged:
Yglesias deserves a ton of credit for taking on Peretz and people who are quick to charge anti-Semitism. Only a smart, tough Jew could have done it, and Yglesias has been up to the task. Not only do spurious charges of anti-Semitism stifle debate and devalue the charge, but they also give cover to real anti-Semites, who use the spuriousness to accuse Jews of dastardly sophistry.

To which Kevin Drum adds: "Right."

That particular claim came up, not in addressing anything Peretz did, but rather another TNR writer who deigned to criticize Wesley Clark for saying, regarding war with Iran:
"You just have to read what's in the Israeli press. The Jewish community is divided but there is so much pressure being channeled from the New York money people to the office seekers."

Yglesias defended Clark from charges of anti-Semitism, and was so lauded by Unfogged for his contribution.

I was a Clark supporter in 2004, and would still consider supporting him in '08, but I think there is a very strong prima facia case for labeling that quote "anti-Semitic," if only for the veiled "New York money people" reference. That strikes me as the rough equivalent of saying Black pressure on an issue comes from "the ghetto preacher" set. Calling Jews "New York money people" has a long and sordid tradition in this country. Rhetoric matters in these cases.

But even if we're going to say the issue is up in the air, I'm very disturbed by Unfogged's rhetoric here, and the manner in which an otherwise sane liberal (Drum) jumped to affirm it. Because the argument he made is, not just similar to, but exactly the same argument conservatives use to dismiss claims of racism from the Black community. It's virtually verbatim. Allow me to rewrite:
[Thomas Sowell] deserves a ton of credit for taking on [Sharpton] and people who are quick to charge [racism] Only a smart, tough [African-American] could have done it, and [Sowell] has been up to the task. Not only do spurious charges of [racism] stifle debate and devalue the charge, but they also give cover to real [racists], who use the spuriousness to accuse [Blacks] of dastardly sophistry.

Sound familiar? It's a well-developed pattern. Critique minority group for being ever too quick to pull the [race/anti-Semitism] card. Trot out selected member of the minority group to denigrate the charge. Assure oneself that, by doing so, you're the one who is really contributing to the fight against [racism/anti-Semitism], while the [Black/Jewish] critics are actually responsible for increasing its salience. It's a fundamentally dishonest move, and liberals normally know better than to treat it seriously.

Aside from the fact that Yglesias should be a bit concerned he gets to play a Jewish Clarence Thomas in this little skit, liberals at large should be worried when they start pulling from this playbook. It's not that every single charge of anti-Semitism by the Jewish community at large has to be accepted on face. But liberals are rightly incensed when conservatives reflexively reject (and then applaud their bravery in rejecting!) any Black claim of racism that doesn't come from the "right" people. It shows a fundamental inability to grapple with racism in general and the concerns of the Black community specifically. When people start applying that same standard to Jews, liberals should show equal concern--not gleefully jump in and participate.