Thursday, July 16, 2009

Wedding Bells Roundup

I'm headed off to Arch Cape, Oregon tomorrow for the wedding two of my old college friends, Tim and Wendy (aka the fish killer). The location is a happy medium between Rochester, Minnesota (bridge bride [not again!]) and Anchorage, Alaska (groom). But both will be returning to Minnesota for medical school next year. Oh for cute.

Anyway, I'll be out of town until Sunday, sans laptop.

* * *

Jeff Sessions wants to smoke some crack with my boss from last summer.

Eugene Kontorovich has another thought-provoking post on the settlements. Again, I want to stress that I have no opposition to repatriating the settlers back to Israel. But it is fraught with implication that in, say, Western Sahara, Moroccan villages aren't even called settlements (let alone is there talk of expelling their inhabitants back to Morocco).

David S. Cohen wants to know why Sotomayor is worth such a fuss?

While our proportionate representation amongst death eaters is unnerving, Jews also get to claim Harry Potter, so it's all good.

And yet another tragic police shooting. Ta-Nehisi Coates comments.

Daisy of Dear Diaspora's got a guest stint going at Feministe. I know that I always prefer hits at my home base, though, so I'll link to the latest post on her own site.

It's hard out there for an aspiring political science professor.

Palestinian militants fired a rocket into Israel today. Fortunately, nobody was injured.

Gershom Gorenberg gives his thoughts on the "Breaking the Silence" testimony regarding IDF conduct in Gaza. One important point Gorenberg stresses is the importance of field level commanders on individual behavior. There was apparently significant variation in how various companies behaved in combat; differences that can likely be chalked up to the emphasis different commanders put on minimizing civilian casualties versus minimizing unit casualties.

About That

I for the most part want to stay out of the burgeoning debate of Human Rights Watch's fundraising practices in Saudi Arabia. But I did want to make a brief comment. David Bernstein's "throw every argument at HRW but the kitchen sink" maneuver here is tremendously aggravating and really unwarranted. Yet, there is one thing that had a little resonance for me, and it's the facet Jeffrey Goldberg picked up: the danger of raising money in Saudi Arabia specifically by referencing their ongoing battles against the Israel Lobby. In part, this is because that shouldn't be the focus of HRW's mission -- I'm funding them to be an observer for human rights, not to serve as a counterweight to certain pro-Israel groups. I'm not denying that the former may sometimes entail clashing with the latter, only that it is theoretically secondary, and there is something askew when it is part of the marketing pitch. If HRW was able to criticize human rights violations in Israel (and elsewhere) without remotely straining its relations with pro-Israel groups, that would be fine. If HRW was picking fights with pro-Israel groups and letting that take primacy over human rights watching, that would be very bad.

The other facet of this comes from this excerpt by Goldberg:
Another problem here, of course, is that Sarah Leah Whitson, if the allegation against her is to be believed, trafficked in a toxic stereotype about Jews in a country that bans most Jews from even crossing its borders, and whose religious leadership often propogates the crudest expressions of anti-Semitism. The term pro-Israel lobby, of course, means something very different on the Arabian peninsula than it does here. Here, even to critics of AIPAC, it means a well-funded, well-oiled political machine designed to protect Israel's interests in Congress. In much of the Arab world, "pro-Israel pressure group" suggests a global conspiracy by Jews to dominate the world politically, culturally and economically.

This was the focus of Goldberg's exchange with HRW head Kenneth Roth -- not the propriety of raising money for HRW in Saudi Arabia (I agree with Roth and disagree with Bernstein in that I have no problem with that), but whether the organization's pitch included "we need your help to fight the Israel Lobby." Roth is extremely elusive in answering, but eventually seems to concede it was.

I don't necessarily think Roth was intentionally trying to be evasive, in part because Bernstein's argument was so wide-ranging that I'm sure Roth was primed to hear a broad-spectrum attack and respond accordingly (as opposed to the extremely narrow issue Goldberg was raising). Likewise, I doubt Whitson is intentionally trafficking in the stereotype Goldberg identifies. But the fact that for both, the potential for this sort of rhetoric to severely threaten Jewish (not Israeli, not Zionist, Jewish) security doesn't seem to be particularly salient information, is important on its own. And I find it meaningful that many of HRW's defenders in this saga don't address this element of the dispute at all. The persistent effort to exile anti-Semitism from the conversation leads to this -- it leads to well-meaning actors having no idea how their behavior will react against entrenched anti-Semitic ideologies and institutions, and it leads to a massive blind spot when other people look at the issue and start with a default position that anti-Semitism is not a relevant topic of conversation unless proven (beyond a shadow of doubt) otherwise. This is problematic.

Wednesday, July 15, 2009

Sessions Gets Owned

There is an old lawyering maxim: Never ask a question you don't know the answer to. Senators presumably have their own, related maxim: Never make a snide comment unless you're absolutely sure it can't get thrown back in your face like a boomerang. Senator Jeff Sessions (R-AL), the Republican leading the Senate's anti-Sotomayor efforts, forgot that lesson and paid the price:
Sen. Jeff Sessions (R., Ala.), seeking to discredit Judge Sonia Sotomayor’s judicial philosophy, cited her 2001 “wise Latina” speech, and contrasted the view that ethnicity and sex influence judging with that of Judge Miriam Cedarbaum, who “believes that judges must transcend their personal sympathies and prejudices.”

“So I would just say to you, I believe in Judge Cedarbaum’s formulation,” Sessions told Sotomayor.

“My friend Judge Cedarbaum is here,” Sotomayor riposted, to Sessions’ apparent surprise. “We are good friends, and I believe that we both approach judging in the same way, which is looking at the facts of each individual case and applying the law to those facts.”

Cedarbaum agreed.

“I don’t believe for a minute that there are any differences in our approach to judging, and her personal predilections have no effect on her approach to judging,” she told Washington Wire. “We’d both like to see more women on the courts,” she added.

Of course, we all know the intellectual firepower Jeff Sessions brings to the table. Which is why it is all the more appalling we let someone like Al Franken share the floor with him. After all, Franken is just like Ann Coulter, if by "just like" we mean "has sound, mainstream policy positions in contrast to Coulter's proud advocacy of massive civil and human rights violations." But they do both sometimes make vulgar jokes.

Tuesday, July 14, 2009

Bike Crash Roundup

Well wishes to Professor Strauss, who was in a bike accident this weekend. Upon learning this fact, I asked if the perpetrator was a taxi cab near the bookstore. Random question, you think? Well, it would be, except Jill saw a cyclist get clocked by a taxi while she was walking to the bookstore Saturday. Turns out it was a different guy. Cyclists are getting mowed down left and right in Hyde Park.

* * *

It's like Gran Turino, but in real life (and a little less dramatic)!

Mellisa Harris-Lacewell to the SCLC: You call yourself a civil rights organization?

Relatedly, Bill Clinton has just come out for gay marriage. Patrick Appel is not impressed.

Israel is dropping charges against a settler filmed shooting at Palestinians, on the grounds that evidence in the trial might "harm the security of the state" (specifically, operational data about the Shin Bet). I understand the need to maintain operational secrecy, but you want to know what else harms the security of the state? Letting terrorists walk off.

J.K. Rowling talks body positive (via).

Ta-Nehisi Coates takes on the "hard truth" narrative surrounding Obama.

A former legal adviser to the IDF gives his take on targeted killings.

If you're wondering why I'm not blogging about the Sotomayor confirmation hearings, this roughly states my view. Call me if Sotomayor breaks down and admits that she secretly harbors a desire to kill all White folk.

The other reason is that when I read blurbs like this, all I can think of is "wow, White people sure are desperate to clarify that people of color are the real racists!"

The Great Debate

Isaac Chotiner and Matt Yglesias hash out one of life's great questions.

Jonah Goldberg: Venal, or moron?

Discuss. And no fair selecting both -- we're looking for the dominant trait here.

Monday, July 13, 2009

Hilzoy Retires

The blogger known as Hilzoy -- staple at Obsidian Wings and spotted of late at the Political Animal -- has announced her retirement from blogging. Having recalled the ill-fated attempts to quit by PG and Andrew Sullivan, I'll believe it when I see it (not that I don't think she'll make a game effort, but this business is like crack, it is).

Still, if this is the end, it's been a great run. The entire blogosphere has been enriched by Hilzoy's presence, and her voice will be sorely missed.

Win-Win

I learned from Michael Bay's wikipedia page that he was rejected from USC's film school. Now, normally when someone is rejected from some program and goes onto to major success anyway, they have major schadenfreude as they imagine the entity lamenting their awful mistake (or maybe that's just me).

But even though Bay probably has grossed more than 99% of USC's graduates combined, somehow, I think they're okay with not having his name associated with their cinematic training.

Weiner Gets Married

New York Democratic Representative Anthony Weiner is reportedly engaged, to none other than top Hillary Clinton aide Huma Abedin.

One gets the distinct feeling that the far-right Israel National News won't be sending flowers to the wedding, given its opinions of interfaith marriage (Abedin is Muslim, Weiner is Jewish). They spend most of their time wondering how Weiner's fiance will affect his staunchly pro-Israel stance. I am curious what makes them say that Ms. Abedin is "conservative" (one would think she wouldn't be working for Clinton, then, right?).

But who cares what the Israeli far-right has to say about American nupitals. I can give my congratulations. May they have a long and happy marriage!

Sunday, July 12, 2009

RIP Thunder

As you may know, Arturo "Thunder" Gatti, one of boxing's all time great action warriors, was found dead in his hotel room while on vacation in Brazil. His wife is currently suspected of murdering him.

This is a great tragedy for the sport of boxing. As SC put it, Gatti could have come with a money back guarantee. Every fight he gave it his all, and every fight he was in had the chance to be something special. He retired in 2007 with a final career record of 40-9, 31 KOs, and four appearances in The Ring Magazine's "Fight of the Year" (only Muhammad Ali and Carmen Basilio had more).

Here's a highlight reel of Arturo Gatti's career. "Requiem for a Tower" makes anything sound more badass, but Gatti hardly needed it.



Rest in peace, Thunder.

Saturday, July 11, 2009

It's a Guy Thing, Part II

Hilzoy's reaction to David Brooks being fondled by a Republican Senator, and bemoaning how this is a new breach in the "dignity code", reminds me a lot of the post that originally drew my attention to Esquiver. This horrible, terrible, shocking affront to your bodily autonomy? It happens to women all the time.

That doesn't make it okay, of course. It just makes it not new. Maybe if these things are problems, they should become problems before they become problems for men, no?

The Goldstone Investigation

Richard Goldstone, the South African jurist currently investigating alleged human rights violations in the Gaza Strip during the war several months ago, has reiterated his pledge that his report will be "balanced" and will deal with the abduction of Gilad Shalit as well as Hamas rocket fire into Israel. The question of whether Palestinian violations of human rights are up for investigation has been very murky, but regardless of what the body that appointed him thinks of the matter, Goldstone certainly seems to interpret his mandate as requiring that he look into both sides.

I certainly understand why the Israeli government has refused to cooperate in the probe -- the UNHRC has proven itself time and again to be an absolute joke (come and get me, Naomi Klein) that literally sees no evil but in Israel -- but I can't help but think they're missing an opportunity here. By all accounts Goldstone has taken his obligations to be impartial and fair to all parties quite seriously. When is the next time we'll get that from a UN investigation? This is a rare chance for Israel's story to get fair play in the international legal arena, and I can't help but think they're chucking it overboard.

Friday, July 10, 2009

Step By Step

What constitutes the "end" of the Israeli/Palestinian conflict? To many, it seems, the answer is "the establishment of a Palestinian state". But that's only half the story. The end of the Israeli/Palestinian conflict -- the goal we are trying to achieve -- is a Palestinian state that exists side-by-side, in peace, with Israel. And it's important to keep our eye on the ball.

The fact is that establishing a Palestinian state does not necessarily mean that the conflict is over. It might accomplish that, and I believe it is a pre-requisite to accomplishing that. But Hamas' recent declaration that it does not accept the two-state solution in principle, but would nonetheless join a unity government in a Palestinian state, shows that two states does not inevitably mean peace. Hamas' agenda is pretty clear: it views the establishment of a Palestinian state on '67 borders as a stepping stone to the total "liberation" of Palestine (which is to say, the eradication of Israel). This, of course, is the precise allegation right-wing Israeli skeptics make when opposing the peace process writ large.

The reason why I want to harp on this is because I think a lot of people mistakenly view "steps to ending the conflict" as synonymous with "steps to creating a Palestinian state". That's clearly an important part of the agenda, but it isn't the only thing that has to happen. Of significant importance also is laying the foundation by which Israel and Palestine will exist peacefully next to each other. That means tamping down on extremist rhetoric aimed at delegitimizing Israel as a whole, taking a strong stance against maximalist firebrands who want to see the conflict prolonged as long as possible, and generally building and rebuilding the norm that both Israeli and Palestinian aspirations are important and worthy of respect. People who are undermining that project -- even if they think they're doing it in service of creating a Palestinian state -- aren't actually doing the peace process any favors. Statehood matters. But recognition matters too.

The Not Duke Lacrosse Case

In the aftermath of the Duke Lacrosse fiasco, one of the points I made was that the same thing that happened to those players happens to countless criminal defendants across the nation, only they don't get the benefit of constant media attention leading to their rightful exoneration. They just get ignored. It's a harsh reality check to all those harping on how the Duke kids were targeted in a sort of reverse discrimination power play.

The story of Eric Frimpong, a soccer star for UC-Santa Barbara (and Ghanaian immigrant) presses the point. Like the Duke kids, the evidence supporting the rape charge against him was scant. Like the Duke kids, the DNA evidence pointed to other suspects. Unlike the Duke kids, that didn't stop the DA from bringing his case to trial. And unlike the Duke kids, Frimpong was convicted (by an all-White jury) and sentenced to jail, where he sits today.

(Via AAB)

Subtle, Michelle

Michelle Cottle:
It has not escaped my attention that, despite my staying approximately the same size and shape since high school, the clothes in my closet have dropped a couple of number sizes over the years.

And after what, two kids?

Thursday, July 09, 2009

Williams Retires

Sad news, as the Chief Judge of the 4th Circuit Court of Appeals, Karen Williams, is retiring due to a diagnosis of early onset Alzheimer's. Judge Williams, appointed to the bench by George H.W. Bush in 1992, is only 57 years old.

Alzheimer's is a very scary disease, and there is no known cure, so the best we can hope for is that Judge Williams' symptoms are kept in check for many years to come.

Settlements, Ethnic Cleansing, and Overcoming Law

At the international law blog Opinio Juris, professors Kevin Jon Heller and Eugene Kontorovich are having a discussion about whether the efforts to remove the settlements (including restrictions on "natural growth") might be characterized as "ethnic cleansing" under international law (Kontorovich forwarding the idea, Heller expressing skepticism). Here are the links to Eugene's introduction and first post, Kevin's response, Eugene's retort, and Kevin's rejoinder.

Not being particularly knowledgeable about the relevant areas of international law, I don't feel qualified to venture an opinion as to whether Prof. Kontorovich is expressing a colorable claim. Insofar as I do have an opinion on the course of the debate, it seems to me that Prof. Heller gets the better of it -- but then, I'm biased towards his position. But part of Prof. Kontorovich's point is to show that, as a question of positive international law, the settlements present a far more complicated case than is often let on -- and in that, I think he's successful.

My point, however, is not to weigh in on the merits of the legal dispute, but rather once again to express my skepticism about using international law, as currently expressed, as a sort of argumentative trump card. I have no moral problem with evacuating the settlements. I won't say it sets off no moral alarms, but surely none that rise to what I would consider the seriousness of "ethnic cleansing". But let's assume, for the sake of argument, that Kontorovich has the better of the argument with Heller -- a possibility that I don't think non-international law experts can definitively rule out from a legal perspective. What does that imply? I think we would, bluntly, be fools to accept that as that and move on. The rules of international law aren't divinely inspired. Finding that removing the settlements violated the strictures of prohibitions against ethnic cleansing would do more to show a shortcoming in the current state of the law than it would indict the evacuation project.

I've noted recently my view that international law is acutely vulnerable to political manipulation, with norms developing less on whether they make sense as general rules, and more based on whether they aid the parties we want to see benefited. It might seem that I'm making a similar claim here: that we should ignore a formalist finding that our preferred political project is illegal because it conflicts with our desired social outcomes. But there is a subtle difference between a "pure politics" approach to law, and trying to make law cohere to the values we're actually trying to enact through out. The former is an ad hoc attempt to simply aid one's allies -- it isn't concerned with broader notions of legal coherency, consistency, or equality. The latter is an instantiation of Oliver Wendell Holmes' (him again!) observation that "the life of law has not been logic; it has been experience." Law does not possess some totemic power to proclaim its own primacy or even legitimacy. We evaluate legal regimes based on whether they work; whether they are true to our experience.

The point, though, cuts both ways. Particularly because international law is relatively young and has had little time or opportunity to establish its own center of gravity independent of the political exigencies of the day, we should be appropriately critical in examining whether stated legal rules in the international arena actually effectuate a fair and equitable system of ideals. Waving international law findings like a talisman (even -- especially? -- when the clause in question is something as serious as "ethnic cleansing" or "war crimes") skips this very important step, and actually contributes to the politicization of law by leaving its political underpinnings unchallenged.

That'll Teach Him

Pursuant to the "academic boycott" of Israel, an Irish scholar has refused to answer a question regarding the American Hispanic community sent to him by an Israeli university student, taught by a prominent left-wing (Meretz) politician, Amnon Rubinstein. The academic also has refused to answer Prof. Rubinstein's question regarding who imposed the boycott and what conditions will cause it to end.

What do you think the likely outcome of this move will be (check all that apply)?

a) Professor Rubinstein redoubles his efforts to bring about a just peace, because prior to the boycott he had become suffused with apathy;

b) Professor Rubinstein's student, who didn't realize until now that the occupation is a bad thing, swears to become an advocate on behalf of a just, two-state solution, just like his teacher Professor Rubinstein (with all the respect that accorded him!);

c) Professor Rubinstein's student decides that international hostility to Israelis bears little to no relationship to their individual perspectives, and is more amenable to right-wing views advocating ignoring world opinion;

d) Professor Rubinstein diverts attention away from being a domestic progressive voice in Israel, instead working to attack the boycotters for their blanket hostility to his country and its citizens;

e) Professor Rubinstein ignores the professor in question and goes about his business like nothing happened (save penning this column).

I vote for "c" and "e", though "c" and "d" also seems plausible. Both "a" and "b" seem supremely unlikely. But it was never really about them, was it?

Incrementalism and Interest Groups

My post on this week's Chicago Works in Progress talk is now up. Dean Saul Levmore presented on how incrementalism can be a tool for interest groups to enact divide and conquer strategies, leading to disoptimal social outcomes..

Wednesday, July 08, 2009

After Work Roundup

What happened today while I was toiling over the 9-5?

Tucker Carlson thinks DC residents don't deserve democracy. Sounds like someone has been reading too much Daniel Doron.

Joe Biden: Instant strategic ambiguity!

Swimming club kicks out black children, says they might "change the complexion" of the community. For serious.

Don't want to watch Transformers? Sure you don't! So read this FAQ instead!

A Fox anchor is annoyed that American genes aren't pure enough.

Massachusetts sues to try and take down DOMA.

Rep. Patrick Murphy (D-PA), a highly decorated veteran, picks up the ball on Don't Ask Don't Tell.

Fundamentally Wrong

When debating originalists, who will tell you loudly and at length how their theory is the only one that can provide any stable meaning to the constitution, I always am left wondering -- what if the text is intentionally left ambiguous? What if, for any number of reasons, the intent was leave certain things uncertain, in the hopes that future generations could work them out consonant with the ideals and best knowledge of the time?

I wonder the same thing when dealing with certain religious fundamentalists. There is ample grounds from within Jewish tradition to hold that ambiguity, uncertainty, and plurality are really important values. Yet, as Gershom Gorenberg reminds us, there are still plenty of fundamentalists in the Jewish faith who are fanatical in their assertion that Jewish tradition provides clear, unambiguous, and literal answers to all of life's questions.

The thing is that these debates are always cast in terms of more versus less religious adherents to the faith. But that concedes the argument before it gets started. The fundamentalist ethos bears more in common with other fundamentalists (of any faith) than it does with the totality of Jewish traditions. So I reject that they are more religious than I. Indeed, I think that their outlook is a deep perversion of Judaism itself. Were I inclined to such language, I might call them heretics.

More broadly, I don't like the norm that Conservative or Reconstructionist Judaism is just Judaism for Jews too lazy to be Orthodox. If we're going to hold these ideals, then we have to be prepared to defend them as the right interpretation of Judaism, not the right "balance" between being Jewish and being secular. Judaism is not inherently a series of concentric circles emanating from the Haredim at the center. Those of us in more liberal denominations have just as much right as anyone else to say that we're representing what Judaism ought to be.

Tuesday, July 07, 2009

Shivering Peace

Two articles in Ha'aretz today demonstrate just how cold the peace between Israel and Egypt really is. In the first, an Egyptian academic is being harshly attacked for not walking out (with Iran) of an interfaith meeting that was attended by Israeli President Shimon Peres.
Egyptian parliamentarians representing the Muslim Brotherhood even called for Tantawi's dismissal as university head because of this "display of normalization of ties."

But Egypt's religious affairs minister, Mahmoud Hamdi Zaqzouq, came to Tantawi's defense, saying in a newspaper interview that Tantawi did not shake Peres' hand or the hands of the rabbis at the conference.

A sterling defense if there ever was one (and another example of how hostility to Israel seems to keep magically expressing itself as hostility to Jews).

The second article concerns an Egyptian court ruling annulling the citizenship of any Egyptian who marries an Israeli, as well as stripping any children of the couple of citizenship, on the grounds that such partnerships constitute a "security risk". The government, to its credit, is appealing the ruling. But in a sense, that's just the point -- the "peace" between Israel and Egypt is almost purely governmental -- there is very little indication that the populace as a whole has accepted Israel as a true and permanent neighbor.

The last article also contains a piece on how Jordan is looking to expel (or perhaps "transfer"?) many of its Palestinian inhabitants to the West Bank. But it's okay, because it's not Israel. Or something.

Stresses

I was very fortunate when it came to the law review competition -- the two professors I am working for this summer agreed to "soft start" me until the competition was over, giving me plenty of time to do it (one of them was so enthusiastic, he still has yet to give me any work! Thanks, but I do feel like eating this summer.). But many of my friends were not so fortunate, and had to work full time while doing their write-on. And then there is this student.

I obviously hope everything turns out well for his or her family, and that nobody is hurt. Kind of puts everything else in perspective though, doesn't it?

Futurama Teaches All

Adam Serwer lays out conservative allegiance to the Bender theory of discrimination, namely, that the only type of discrimination worth talking about (or even noticing, really) is the kind that affects them. Since most Republicans are White men, this means a huge emphasis on how White guys can't catch a break in modern America. But on the rare occasion that a female or non-White Republican catches hell, then suddenly racism and sexism become a problem. But only then -- it's not like seeing sexist attacks on Sarah Palin suddenly makes them realize launching them against Sonia Sotomayor is wrong or anything.

They also, I have to add, play the game badly, mostly because they believe their own rhetoric about how "discrimination" is nothing but politically-motivated whining. That being the case, they're happy to engage in it when it helps their own political motivations -- but they don't seem to grasp that a discrimination claim actually does have to have some content. So while Sarah Palin certainly did face some sexism, it is clearly untrue that all the troubles she faced could be traced to it (as opposed to the far greater contributor -- her own massive incompetence and egomania).

Monday, July 06, 2009

Just So There's No Doubt

A few days ago, the head of F1 racing, Bernie Ecclestone, released a statement praising Hitler as a great leader, albeit one who "got lost" in the end. In response to the expected torrent of criticism and calls to resign, Ecclestone sought to make it absolutely clear he's an anti-Semite:
But Ecclestone said in a telephone interview with The Associated Press that “I think the people who are saying that [I should resign] haven’t got the power to say these things.”

If the WJC [World Jewish Congress] is influential, he said, “it’s a pity they didn’t sort the banks out.” Asked to elaborate, Ecclestone said, “They have a lot of influence everywhere.”

Ah. Well then, sorry we got distracted.

Via OJ

The New Animated Special

Some countries hide the fact that the abuse prisoners. Others are ashamed of it. And then there is Hamas, which distributes animated cartoons advertising it.

Getting into the Game

I just wanted to flag this piece by Rabbi Jill Jacobs, urging Jews to insert their Judaism more aggressively politically. It's a line I've been pushing for awhile now. Obviously, it would be facile to say Jews are not involved in politics -- we have excellent representation at nearly all levels of government. But while there are plenty of Jews, there is very little Judaism -- very little attempt to bring out our own experiences and ideas as Jews and use them to solve political problems.

This, to my mind, is a mistake. Obviously, Jewish silence reinforces the dominance of the "Judeo-Christian" paradigm, which falsely claims to speak for Jews and in doing so renders us mute. This is bad for its own sake, and it is also bad because it causes other people to assume they know what Jews think, associating us with policies that bear little resemblance to the majority Jewish view. But more fundamentally, I think the political sphere benefits from a plurality of perspectives, so we're worse off when the Jewish vantage point is absent. We have something to contribute, and I think we should give it our level best. The world was a better place when it took to heart the writings of Abraham Joshua Heschel, after all. How will we know if there is another Heschel among us, unless we speak out?

New Opposition

Regarding pressure on Democratic Senators from more conservative locales to vote nay on such things as public choice, Matt Yglesias writes:
If the issue were really that Ben Nelson has a deep-seated desire to advance a progressive legislative agenda but worries about how it’ll play back home in Nebraska, it would be easy enough for him to decide that the key priorities on which Barack Obama won a national mandate last November all deserve an up or down vote. If he ultimately chose to vote “no” on legislation that he thinks Nebraska voters won’t support, that would be that. You don’t need Nelson’s vote to get to 50.

At the end of the day, though, you don’t erect procedural roadblocks to legislation because you’re playing to public sentiment back home. You use procedural roadblocks when you really don’t want something to pass.

Eh. I'm skeptical. Certainly, a "nay" vote on the substance can help someone like Nelson muddy the waters back home. But it hardly would give him a pass -- the conservative activist groups which would target him know that the procedural vote is the one that matters, and will release the exact same ads lambasting him for his "support".

The fact is that what constitutes "opposing" a bill has changed. This may be a bad thing, but nowadays you're not really "opposing" a bill in the Senate unless you're trying to block it. When Democrats were the ones trying to block GOP bills (like telecom immunity), we weren't going to take a no vote on the merits as a sufficient substitute for filibustering (if the latter was the only way to stop the bill). It's silly to expect conservatives to do otherwise.

Reliving Mistakes

Neil D. over at Harry's Place takes issue with the claim that Communism is mankind's "greatest mistake." But, he writes,
What makes communism interesting, is that despite the clear evidence it was an anti-human ideology in all its expressed forms, intelligent people still defend it, act as apologists for it, and waste their lives playing about in tiny communist sects.

Sunday, July 05, 2009

AU Dissenters

Kevin Jon Heller has a good post complicating the earlier picture of AU nations deciding en masse to ignore their ICC treaty obligations vis-a-vis Sudan. Botswana has already said it will not go along with the motion, and reports indicate that the AU motion itself was hotly contested inside the organization. Dapo Akande argues that the AU's maneuvering have come within the context of the Rome Treaty and ICC procedure, which should be seen as proof that the continent is not rejecting the institution wholesale.

Eh. I'm pleased by the lack of unanimity and Botswana's defection. But the fact that the AU is able to work within legal confines rather than rejecting them outright doesn't tell us that much. Again, international law is an area with particular fluidity that enables it to be cited and deployed in favor of virtually any practical position a state might take. The actual way international legal disputes play out, then, is primarily a function of political power -- and the same reports which "complicate" the AU's resolution also indicate that the move came due to heavy pressure by Libya, one of the most powerful states in the union.

Saturday, July 04, 2009

Freedom Freedom Freedom OY!

Happy Fourth of July! May it be a fabulous, crabulous day for all.

Friday, July 03, 2009

Of Law and War

Noting that no less than 30 African nations have officially repudiated their treaty obligations under the ICC in order to protect genocidaire Sudanese President Omar al-Bashir, Chicago international law expert Eric Posner writes:
It is increasingly clear that the ICC, like every utopian international institution that preceded it, will not accomplish its mission—to bring international justice to places like Sudan where a genocide is taking place. It is rapidly being downgraded to a development institution, one that can provide legal and judicial capacity to states that request its help in battles with insurgencies, such as Uganda and the Central African Republic.

However, Posner notes, the full fury of international law has been raining down upon Israel. Posner's advice to Israel is simple: the law doesn't matter, it's the politics. Change your behavior, do better diplomacy, or take vacations elsewhere.

I think this goes hand-in-hand with my observations about the heavily political nature of the international legal regime. Because the very norms themselves are being crafted in the midst of salient political conflicts, it is unsurprising that these norms will systematically be bent to advance the interest of locally powerful actors, i.e., those most in the position to influence the development of the law. The international legal regime is less a tool of law than it is a tool of lawfare. It is an open question whether any legal system can "escape" from political influences, but it is beyond dispute that the international legal system (for reasons any good realist could explain) is hopelessly entangled with them. It is fair to say, indeed, that there is no international law outside of international politics.

Holy, Er, God

The South Jerusalem blog takes a break from commentary on Israel and Palestine to give us Rep. John Shimkus' (R-IL), er, unique perspective on global warming:



Back to SJ:
Maimonides would not have made such a ridiculous mistake had he been elected to Congress. He adduced the Talmudic principle that ha-olam ke-minhago noheg—meaning that the universe functions in accordance with the laws of nature. Even when the Messiah comes, he argued, we will see no supernatural events or miracles that violate the natural order. (One reason Maimonides and other theologians have held this position is that if the natural order must be violated for God to carry out his will, then the world is an imperfect creation—implying that God made mistakes that He needs to correct.)

So God’s promise to Noah is not that he’s made it impossible for Noah’s descendants to destroy the world. God’s message to Noah is that it’s entirely up to humankind to maintain the world. It would be apt to paraphrase Benjamin Franklin today: “A world—if you can keep it.”

Leave theology to the pros, Rep. Shimkus.

Muslims Against Anti-Semitism

Bob from Brockley points to an interesting initiative from Faith Matters: Muslims Against Anti-Semitism.
We are a not for profit organisation that is made up of British Muslims who believe that Anti-Semitism in all of its guises needs to be challenged. We also believe that Anti-Semitism can and usually does evolve and mutate into other xenophobic ideologies, whether this is Islamophobia or ideologies against migrants who have legally settled in the UK.

Islam at its core is about emancipation from ignorance and learning and social justice sit at its core. With this in mind we will work towards combating xenophobia and intolerance so that our Jewish brothers and sisters do not feel threatened or frightened because of who they are. Together, Muslims and Jews can also work towards combating some of the stereotypes and myths perpetuated against Muslims and Islam.

The website still seems a bit spartan, but the sentiment is very, very welcome. And let me say likewise that Islamophobia, inside and out of the Jewish community, is utterly intolerable as well.

This is how alliances are forged.

Being Gay is Just Too Natural

David Klinghoffer eagerly reprints an argument by Israeli biblical scholar Joshua Berman claiming that the main victims of allowing gay marriage are ... women! Even lesbian women, I wonder?* In any event, the thrust of the argument is of a form I've heard before -- albeit rarely because it clashes so severely with the dominant "homosexuality is unnatural" paradigm -- namely, that if we sanction gay relationships, men will suddenly flock to gayness, leaving women in a lurch. We know this to be true
Because of what you read in the the writers of imperial Rome. Some people are indeed homoerotic by nature. But others, as Aristotle noted, develop this as an acquired passion. Homoeroticism is, to a large degree, socially constructed. It turns out that where homoeroticism is granted full social sanction, as it was in Rome, it flourishes -- so much so, that one writer noted that the emperor Claudius exhibited an unusual trait: he was sexually interested in women alone!
[...]
The social history behind this piece is clear: once they've experienced sex with other men, Catullus tells us, men are unsatisfied with what their new wives provide them. Notice that the poet is unconcerned about the husband's dallying with other women -- it's the other men around that threaten the marital union.
[...]
The losers from all this will be the vast majority of women. With full social sanction given to homoerotic activity, the historical precedent suggests that tomorrow's women will have a harder time finding and holding on to suitable men. As women will suffer, so will the vitality and stability of the nuclear family.

Basically, it is the orientation equivalent of "once you go black, you never go back." (Once you try man, you're always a fan?).

These arguments always amuse me, because they seem of the sort that would only be persuasive to folks hard at work suppressing their own queer tendencies. Speaking as someone who would probably suffer few immediate social consequences to coming out as gay or bi, much less engaging in a little "experimentation", I can honestly say I've never really felt the urge to hook up with a fellow possessor of the Y chromosome. Go figure.

Klinghoffer says that "if you want to disagree with this analysis, you'll have to explain why the historical parallel doesn't apply." Okay, sure. If we're accepting that homoeroticism is socially constructed, then we have to accept the same thing to be true of heteroeroticism. It should not surprise us that in misogynist societies where a) women are constantly devalued as inferior and subordinate beings and b) same-sex relationships were a viable alternative, that male/male pairings would be seen as superior and normatively preferable. In other words, I Blame The Patriarchy. The way to keep gay marriage from being a threat to women, unsurprisingly, is by breaking down the mentalities that say women are inferior creatures (the same tactic, conveniently enough, for dispatching many other threats to female equality. Fancy that!). Where women are seen as equal, then I have full faith in their ability to compete in the market of relationships.

* Berman says that lesbianism did not increase, and writes "I leave it the reader's basic grasp of anatomy to figure out why in ancient Rome a man who found pleasure in a woman, could also find pleasure in a man, while the record shows that a heterosexual woman rarely found sexual satisfaction in the company of another woman." Well then I say, thank God for technology! And, you know, non-penetrative sex.

Palin Resigns

I give my full breakdown and a roundup at The Moderate Voice. Short story -- assuming this was meant as a step towards running in 2012 (and I think it was), it was a grave, grave miscalculation.

Crist Tries to Diversify Courts

I didn't know that Florida Governor Charlie Crist (R) had tried to reject a slate of candidates for a state judicial seat because the list was all-White. Unfortunately, the Florida Supreme Court said Governor Crist did not have the discretion to do so. That's unfortunate, but I'm impressed by Crist's instincts -- a continuation of his excellent work on felon disenfranchisement. He's facing a tough Senate primary fight with far-right insurgent Marco Rubio, and this probably won't help him there. But if he survives (and I expect him to), Crist is positioning himself (along with Utah Gov. Jon Huntsman) as a potential leader of the serious and inclusive wing of the GOP.

Thursday, July 02, 2009

A/Sexual Body

Guest-post by David Schraub of The Debate Link.

The Futurama episode "Parasites Lost" opens with Leela being harassed by space truckers at an interstellar rest stop. Seeking to defend her, Fry yells at the men "How would you like it if Leela said you were sexy and she wanted to make love with you?" It is, of course, a well worn joke -- the male answer to that question is "that would be awesome!" The idea that someone finding you attractive and expressing it might be unwelcome is supposed to be utterly foreign to a guy.

All people, men and women, move in a sexual sphere. We love and want to be loved, lust and wanted to be lusted after, flirt and want to be flirted with. Of course, this isn't all we want, and we don't want all of it all the time. But it is fair to say that everybody in some form or another wants the mutuality of a relationship: to want someone and be wanted by them.

The prevailing discourse surrounding bodies is one that aggressively reinforces a sexual dichotomy between men and women: men as subjects, and women as objects. Men are the wanters, women are the wanted. Feminist literature has challenged this somewhat, but primarily by trying to reclaim female subject status and react against objectifying norms that "treat women as thing." The goal is to recognize that women are not just objects of desire, they are subjects as well -- they can create desire just as well as it can be directed at them. A valid goal, to be sure, but one that leaves largely unchallenged the descriptive legitimacy of dominant masculinity as a valid presentation of how men experience sexuality.

The sexual landscape upon which men walk, by contrast, is not well mapped. The traditional paradigm of the male-as-pure-subject has not been interrogated to a meaningful degree. To be sure, feminist commentators have hardly exempted this male status from critique -- the subject-status of men, by contrast, is laid out as the crucial contrast between male sexual privilege and female sexual subordination. But their inquiry, I feel, falls short on at least two dimensions. First, it accepts the patriarchal construction of male sexual being as a given -- effectively ceding it so they can bash it and hopefully replace it with something new. The idea that the dominant narrative of male sexual existence might not actually be a valid, even descriptively, of male sexual being doesn't seem to occur. Second, even to the extent they recognize that the male sexual image may be somehow lacking, they overlook the realm of objectivity a potential candidate for absence. This is understandable -- objectification is the primary manifestation of the sexual subordination women are trying to escape. But, just as water takes on a different valence to the drowning woman versus the man trapped in a desert, it is wrong to presume the realm of objective value is barren territory.

The paradigm of man-as-subject restricts male sexuality to very particular manifestations -- it is active, not passive; in control, not reactive; autonomous, not relational. It wants, it is not wanted. But healthy sexual relationships are not the product of this pure subjectivity. The pure subject is a parasite -- it takes, but does not offer anything of use. This is not a positive image to have of the self. Few of us desire that sort of relationship. We want our partner to respect our rights, autonomy, and human dignity, yes; but we also want him or her to find us useful for their own purposes: we want our partner to gain benefits from the arrangement, whether it be humor, cooking skills, sexual pleasure, or any of the infinite ways we can be instruments to another's happiness. Where our interlocutor draws nothing from us, finds nothing necessary in us, sees nothing desirable in us, then we are ultimately interchangeable instead of indispensable. When men are told that "real men" carry no objective value, that there is no reason anyone would find them attractive or desirable, what grounds are their to construct stable relationships on (except, perhaps, coercion)? The dominant masculine narrative clearly goes hand in hand with the tolerance of sexual violence and inequality, by denying women subjectivity, for sure, but also by denying the potential for men to be objects -- to be the type of entity with which one might want to form a voluntary association with.

I am not saying that such subject-values as autonomy, control, and activeness are unimportant (clearly, we want to be valued both subjectively and objectively -- it is not either/or), nor am I drawing an equivalency between the harms of objectification and subjectification, nor am I saying there is an obligation to desire men. This isn't about individual behavior, this is about the broader language we use to create and police the borders of the sexual arena -- what counts as being psycho-sexually healthy and self-actualized. If we define healthy sexuality as a relationship of mutuality, as I think we should, then the prevailing discourse asexualizes men in important ways. Put bluntly, the way men walk through the world, sexually-speaking, is severely stunted. Ours is a/sexual existence.

By depriving men access to an important realm of human personhood -- the realm of objectivity -- it effectively closes off the full flourishing of interpersonal relationships. The uncritical acceptance the men have had their say about sex ignores the very real ways in which (to use the old cliche) patriarchy hurts men too. That the sexual narrative has largely been constructed through male eyes does not mean it represents male experiences. At best, it represents "male experiences" refracted through seriously distorted lens (at worst, it represents "male experiences" constituted in such a way as to preserve existing structures of power -- which, for anyone who agrees with Frederick Douglass' admonition "No man can put a chain about the ankle of his fellow man without at last finding the other end fastened about his own neck," is not equivalent to a frame that actually provides for full male actualization). We should, if we take seriously the importance of pluralism and inherent incompleteness of any one perspective, expect the dominant paradigm to be as incomplete a descriptor of male lives as it is for women. And so it is.

There is a reason, I think, why the language of the pure Cartesian subject is often referred to as the "disembodied self". Bodies that matter are bodies that matter to other people. The pure subject cannot be fully sexually liberated, because the pure subject cannot be the object of another's desire. Talking about bodies (particularly happy bodies!) means talking about objective as well as subjective bodily potential. It is a gap in the discourse, and one that needs to be filled.

Junior and Senior

Jon Chait calls out Sen. Amy Klobuchar (D-MN) for condescending Al Franken:
[A]s I've written, and which Norm Ornstein attested on the Diane Rehm show yesterday, Franken is a policy wonk. Anybody who's spoken with him or read his books (as opposed to just read the titles) knows this. He probably knows more about public policy than 90% of his colleagues. I've never met Franken, but the inability of people to understand that somebody can have a career in comedy and satire and also knows a lot of public policy galls me.

There are plenty of folks who refuse to accept that Franken actually might be a smart, serious guy who is qualified for the job. Unfortunately, there is no reason for their fixation other than a deep, deep desire to hold onto a superficial, know-nothing form of political punditry.

Sorry, Pal

Search: "thieving jewish bankers"

Hit: Solidarity with Anti-Semites!

But alas, I am not expressing solidarity with anti-Semites, I am condemning it.

Alas.

Holiday Round-Up

We're closing in on the Fourth Third of July -- a celebrated holiday in Chicago. Roundups for everyone!

***

Russian sportsmen are hunting the most dangerous game of all: Pirates!

An Indian court has decriminalized sodomy. Supporters lauded the reversal of a law enacted by British colonial authorities. Opponents blasted the decision as importing Western norms. See also Ruth Robson.

The military has historically been one of the strongest supporters of affirmative action. But one professor at the Naval Academy is alleging it is lowering the standards at Annapolis.

Alan Dershowitz, one of the many Jews falsely alleged to possess an inability to countenance criticism of Israel, shoots down the idea that Obama has turned against Israel.

A Palestinian teenager was killed in Gaza, either by an Israeli tank shell or a Palestinian mortar (depending, obviously, on whose account you believe).

Anti-German Translation has a good post up on Naomi Klein, and I'm not just saying that because it links to mine.

Sigh...bloggin' just ain't what it used to be.

Gershom Gorenberg on why a one-state solution remains a lousy idea.

***

Jill and I are going to the Harry Potter exhibit at the Museum of Science and Industry, and then having folks over for Chili on Saturday. If I don't write tomorrow, have a great weekend and a happy Third (and Fourth)!

And That's a Wrap

The last 1L grade has come in, so as far as I'm concerned, 1L year is now officially over! Huzzahs are in order.

Best grade: Civil Procedure I, Buss. The was also the first grade I got. It was all downhill from there. But it was a nice confidence booster to start the year.

Worst Grade: Criminal Law, McAdams. This was the last grade I got (see above about the downhill slope). It was also the exam I felt I did the best on. Go figure. In fact, my spring term grades had a complete inverse correlation to how well I thought I knew the material. That will teach me to rely on book learnin'.

Most average grade: Property, Helmholz & Leiter, Jurisprudence II (tie). These were the grades closest to my overall GPA. As befits their average status, I did better than expected on one (Property) and worse in the other (Jurisprudence).

Biggest upset victory: Contracts, Bernstein & Baird. Tied for the second best grade I received all year, and there was never a day where I felt I understood a word of it. Life is weird sometimes.

Now to await the results of the law review competition. I'm feeling good about it, but I remember the last time I felt good about something in law school (namely, my criminal law exam). So, fingers crossed!

Tip of the Top

The link on CNN's homepage reads "Ticker: Top Republican says Sanford must quit". So I was curious: who is this top Republican? Steele? Boehner? McConnell? Barbour?

Nope. Bill Bennett, the radio talk show host.

Though I guess that in today's GOP, talk shows are probably the biggest dogs in the house.

Wednesday, July 01, 2009

Shocking Doctrine

Naomi Klein, backbone of the leaders of the movement to boycott Israel, was in Israel launching her new book (with her largely incoherent message of boycotting the state, not the people). Ha'aretz got to interview her, and got her unique perspective on civil rights, which seems to boil down to "it's the Jews fault if they're in the privileged position, and it's the Jews fault when they're in the marginal position." Why do I say that? Because of her answers to questions on Durban II:
Last April Klein attended on assignment for a magazine the Durban 2 conference in Geneva, which Israel and a number of Western countries boycotted because of the invitation to Iranian President Mahmoud Ahmadinejad. She is still upset by her experiences there.

I was sure, at this stage, she was going to remark on the horrifying anti-Semitism that was present at the event, which included an Iranian delegate calling Elie Wiesel a "Zio-Nazi". It's such a gimme, right?
"The most disturbing feeling," she explains, "was the Jewish students' lack of respect for the representatives from Africa and Asia who came to speak about issues like compensation for slavery and the rise of racism around the world. In their midst, Jewish students from France ran around in clown costumes and plastic noses to say 'Durban is a joke.' This was pure sabotage, which contributes to the tensions between Jews and blacks."

"Durban wasn't just about Israel: The Durban Declaration acknowledged for the first time that the trans-Atlantic trade is a crime against humanity and that opened the way to compensation. The boycott of the conference created a vacuum that was filled, on the one hand, by Jewish students who wanted to sabotage the conference, and on the other, by Ahmadinejad both of them were truly awful."

Ah, such delightful moral equivalency. Ahmadinejad spewed racist garbage, which is bad. Jews didn't feel like lying back and taking it -- equally bad. Indeed, worse -- it was "the most disturbing" thing! The most disturbing thing about Durban II, for Klein, was peaceful protests against anti-Semitism. Think about that for a moment. Think about what that says about her and her worldview. Cleansing power of anti-Zionism, anyone?
Do you think it was necessary to allow Ahmadinejad to speak out so prominently at a conference against racism when he is calling for Israel's destruction and denying the Holocaust?

"I think that silencing the Palestinians was a big part of the reason he got so much attention. He is the only one who acknowledged what happened this year more Palestinians were killed in 2008 than in 1948. The boycott seems to me to have been an irresponsible decision the Jewish community unifies in an attempt to shut down a discussion of racism when there is a shocking rise in racism on the right in places like Austria, Italy, Switzerland, in the midst of an economic crisis, in conditions close to those in which fascism spread in all of Europe."

Yes, we all know that the UN's biggest problem is that it silences the Palestinians. Seriously, this is victim-blaming at its most blatant. Klein admits that Ahmadinejad's speech was racist, but still faults Jewish groups for opposing the conference that gave him an open mic. Because we refuse to be abused, we're committing sabotage at an anti-racism conference. Here's a thought -- maybe if putative anti-racists like Klein would step up and refuse to tolerate anti-Semitism, then Jewish students wouldn't need to dress up like clowns to draw attention to it.

Alice Walker once wrote that "No person is your friend who demands your silence." In the face of growing anti-Semitism -- a rise in racism that has occurred on both the left and right, in Europe and worldwide -- Klein's demand of Jews is that they shut up and let the real people talk. No dice. Klein's antics reveal her true colors -- as an ally of hate, of the fury and bigotry that threatens to consume us all.

Maybe Klein, playing the age-old role of the "good Jew" will be spared, and maybe she won't. But she has no right to demand my silence at a time like this, and certainly no right to appropriate the good name of progressivism to her fanaticism. And the people who call themselves her allies ought to know with whom they stand. Her apologias for hate should render her beyond the pale of good company.

UPDATE: Rebecca Lesses, writing from Israel this summer, overheard an interview with Klein on Israeli radio and offers her own thoughts.

Secondary Objective

There is something quite unseemly about targeting a political opponent's spouse as a retaliatory measure when they vote for a bill you dislike. I'm not sure, however, if it is more or less distasteful when said spouse is a fellow elected official who took the "right" position on the bill you're complaining about.

Not That You Need Convincing

I'd be very surprised if any of my regular readers are opposed to same-sex marriage (maybe I'm too optimistic -- I'm always surprised when anyone with even remotely egalitarian attitudes opposes same-sex marriage at this point). Nonetheless, Martha Nussbaum has an article up in Dissent which does a very nice job dismantling the argument against providing equal rights for gay and lesbian citizens in the marital sphere. Definitely worth a read, regardless of whether you're already there on the position or not.

Counter Walkout

Iranian delegates walked out of an inter-faith conference in Kazakhstan as Israeli President Shimon Peres took the stage. The stunt was widely seen as a reaction to the mass walkout that greeted Mahmoud Ahmadinejad's speech before the Durban II follow-up conference -- a speech which UN Secretary General Ban Ki-Moon said was intended "to accuse, divide and even incite." But the parallel is more revealing than the Iranian's perhaps intended. The anti-Ahmadinejad walkout was prompted by the fact that his speech was flagrantly anti-Semitic, as even some of his defenders admitted. Peres, by contrast, saw a walkout in a speech where he called for peace between the Israelis and Palestinians, an end to terrorist violence (which he noted had claimed many Muslim victims), and praised the 2002 Arab Peace Initiative.

It doesn't surprise me that the Iranian government finds this offensive. The priorities they've demonstrated over the years (not to mention these past few weeks) have clearly indicated their views on the topics of peace and human rights. I'm quite proud to be on the side of those who refuse to tolerate hate, and against those who refuse to hear a message of peace.

Tuesday, June 30, 2009

Green-Brown Swirl, Part II

I already linked to some of ex-Rep. Cynthia McKinney's sojourns into the heart of extremist anti-Semitic hate-swamps. But I think it is important to reiterate just who she is associating with. There are those who, after being made aware of this, would still accord McKinney credibility. These persons, no matter their protestations, cannot be said to hold any beliefs that are recognizably progressive -- at least any progressivism that is not avowedly anti-Semitic.

I was once asked if there was "any criticism of Israel that you wouldn’t automatically suspect of anti-semitism." I took exception to the premise of the question (as I felt quite within my rights to do), but noted that it also missed the point. The mistrust tends to be directed more towards critics than towards criticisms.
[M]y presumptions, if you will, are not tied merely to the statement but also to the stater. A comment, issued by someone whom I know and respect and know cares about Jews and truly views and treats them as equals (particularly if they themselves are Jewish because then it’s their body on the line) is going to meet more acceptance than the same comment by someone whom I know is an anti-Semite (and of course there is a continuum in between). So J Street won’t meet with charges of anti-Semitism from me even when I disagree with them, because I know they are committed to norms of fairness as well as the security of Israel and Jews. By contrast, [my] default stance towards Sudanese President Omar al-Bashir is significantly more … skeptical.

The problem, of course, is that in the whole wide world I don’t know most people, and thus don’t have access (at least at first glance) as to whether they are people who truly view Jews as equal, understand Jewish history, value Jewish perspectives — in short, are allies. My default assumption is that they are not. I don’t think that’s unreasonable of me — it certainly accords to my experience with most non-Jews I’ve met who don’t really know that much about Jews qua Jews (this is true for pro- as well as anti-Israel folks out there).

That isn’t to say that I believe the average person is a Jew-hating Nazi; I don’t. I just don’t have any particular reason to believe that Joe Random Gentile either knows all that much about or cares all that much about Jews, beyond mainstream stereotypes. In a world where this is the default, I’ll admit to starting off mistrustful unless I see indications otherwise. Show me you value Jewish perspectives, show me that you think Jewish bodies matter, show me you take as seriously as human beings and not as caricatures or objects, and you’d be surprised how far I’m willing to walk with you.

In a world of limited knowledge, we have to use heuristic short-hands when trying to evaluate the motivations and intentions of political actors. Suppose I overheard a stranger railing vitriolically against affirmative action. Now, there are plenty of grounds by which to critique affirmative action from an avowedly anti-racist perspective. Nonetheless, my immediate assumption, without any qualifying knowledge, would not be to assume that the speaker is particularly committed to racial egalitarianism, because most (not all) people aren't so committed, and because most (not all) people who are favor affirmative action. That's how a heuristic works: it is a cognitive shortcut sacrificing optimality for efficiency.

Anti-Semitism works similarly. It certainly isn't true that every critic of Israel is anti-Semitic, or every criticism is. The problem is that, heuristically, if I know little about a speaker, and I start from a presumption that the average person isn't particularly committed to securing equal standing for Jews, and then I hear a criticism of Israel thrown in -- particularly of the kind rarely (not never) voiced by those who do hold said commitment -- it makes sense for me to default to a skeptical stance.

And Rep. McKinney bears this out. Rep. McKinney was one of the more virulent Israel critics when she served in Congress, but she wasn't doing the sort of flagrantly racist and judeophobic stuff we're seeing right now. Nonetheless, the Jewish community, drawing on its long experience in recognizing anti-Semitism (a survival skill we've had quite a few generations to hone) recognizes something quite askance. And given her playing footsie with the worst sorts of bigots and hate-mongering maniacs, I think our intuitions were quite warranted.

So where does this leave the Israel critic who genuinely cares about the liberation of all people, including Jews? Well, the first step of respect is recognizing our vulnerable status and not demanding our trust as an entitlement. Trust is something earned through listening, through respectful dialogue, through a demonstrating willingness to reassess and reevaluate your views, through agreeing to view those you know the least about in their strongest possible light. People who have done the hard work of showing themselves to be allies will find a welcome ear in our community. But persons who openly flaunt their unwillingness to listen, who traffic in arrogant pathologizing and psychoanalyzing -- these persons cannot be surprised when I view their professed commitment to my equality with significant skepticism.

Franken Wins

Note to Wendy Long: This is what a unanimous decision looks like.

I also want to express my near-total agreement with James Joyner:
I’ve maintained from the beginning of this fiasco that 1) the election was for all intents and purposes a tie and 2) Coleman, who was ahead when the initial counting stopped — and after the initial recount! — and saw some really weird things go against him, had every right to fight this in court but that 3) it has long been apparent that Franken was going to win and all Coleman’s tactics were achieving was denying Minnesotans their just representation in the Senate and therefore 4) he should have quit this farce some time back. It’s time to accept the inevitable and move on.

This was roughly my position too, and with Coleman agreeing to concede it seems as good a time as any to reiterate it.

Congratulations, Senator-elect Franken!

Monday, June 29, 2009

Blow Me Away

You know, the more I read about Hugo Chavez, the more I'm convinced that he doesn't so much dislike "imperialism" as he is jealous of it. His forays into naked authoritarianism are well documented, but the implied threat to invade nearby countries (in this case, Honduras) is a different animal.

To be sure, I oppose the coup in Honduras -- even though the President appeared to be breaking the law (as interpreted by the Supreme Court) in forcing through a referendum on whether to amend the constitution to allow him to run for subsequent terms. Most other governments rightly have come out against it, and Chavez -- who was nearly the victim of a coup himself in 2002 -- certainly is quite proper to join them (of course, the fact that he attempted to launch a coup to come to power back in 1992 shows he resides in quite the glass house). Coups aren't the way modern democracies do business. But I was under the impression we had all learned a valuable lesson about getting too trigger happy in trying to convert or revert regimes to the styles and behaviors we preferred.

"And all in the name of Moses"

How to avoid being a left-wing anti-Semite.

Step #1: Read this post

Step #2: Avoid doing everything the Race and Class journal does.

The editor of the journal (who wrote the poem alleging that atrocities in Gaza were done "all in the name of Moses.") is one A. Sivanandan. He apparently considers himself highly influenced by the American Black Power movement. It is interesting to me that he does not see the clear parallels between Zionism and Black Power. But perhaps not surprising.

Scoreboard

Time profiles the recession-proof Bismark, North Dakota -- and throws out a little smack in the process:
Want to make jokes about North Dakota? Sure, the state's got three times as many cattle as people, and a typical day in January is a balmy 20°F. But the folks who live here, unlike those in many other parts of the country, have jobs.

Suck and die, Michigan.

SCOTUS Rules in Ricci

Showing that conservatives are just as capable of molding the law to suit their empathic preferences, the Supreme Court has ruled 5-4 in the moderately famous Ricci case that the city of New Haven acted wrongfully in throwing out the results of a firefighters' promotion test because the results were racially imbalanced. The case has gained some renown because the lower court opinion was authored by Judge Sotomayor, currently awaiting confirmation to the high court.

Sunday, June 28, 2009

Do They Have the 4th of July in Chicago?

Bizarrely, it seems I'm the only one of my friends who isn't going to DC for the 4th of July. Despite the fact that I, unlike they, hail from that region of the globe.

Chicago is a weird place -- it has it's fireworks on the 3rd instead of the 4th. But some of Jill and my college friend will be coming over for the weekend, so we won't be lonely.

Saturday, June 27, 2009

I Have a Name!

When your blog gets cited for the first time, and that citation is in the Harvard Law Review, it's pretty exciting. Enough to make you look past the fact that the citation forgot your name. Unfortunately, that same forebearance doesn't extend for citation #2 (as grateful as I am), found at Maurice R. Dyson, De Facto Segregation & Group Blindness: Proposals for Narrow Tailoring Under a New Viable State Interest in PICS v. Seattle School District, 77 UMKC L. Rev. 697, 736 n.139 (2009). It's not like my name isn't prominently placed in the upper-right corner of the blog. And it's also not like proper citation form for blogs (as mangled as it is in the blue book) does not include the author's name. What, does it smell bad or something?

To add insult to injury, the proposition it is cited for is incorrect (probably a typo): "Although Justice Thomas finds nothing problematic with racial balancing and thus concludes it is not a compelling state interest...." Justice Thomas finds a lot problematic with racial balancing -- he finds nothing problematic with racial imbalance.

Geez, I'm turning into a total grump, aren't I?

Weekend Roundup

Welcome to the weekend, ladies and gentlemen.

An Austin reporter goes through a bit of training with retired lightweight Jesus Chavez.

Lucy Michaels describes her experience with Judeophobia in the pro-Palestinian movement -- and their resistance to acknowledging it as a problem.

Authoritarian regimes stand by Iran by censoring information -- a bit nervous, perhaps?

If Gilad Shalit is released, we might see the Gaza border crossings opened up. Egypt has already begun to loosen restrictions.

The remaining members of the Jena 6 have been sentenced to a fine and probation. Good. They should have been punished -- just not with attempted murder. That's all anyone was ever saying.

Is it possible to raise a kid outside the gender binary?

Friday, June 26, 2009

Progress in Spots

The WaPo has a good article on the growing professionalization of Palestinian security forces, and how they are beginning to serve as a viable anti-terrorism force in their own right. Unfortunately, their ties to the US (they are trained by American Gen. Keith Dayton) and the ruling Fatah Party make them somewhat controversial within Palestinian society. Hamas, unsurprisingly, hates them, as they hate everything else that might bring peace a little closer (to be fair, a strong national Palestinian security force would be serious threat to Hamas' viability, both as a direct threat to their own military operations and by weakening Hamas' claim to be the only entity capable of defending Palestine from Israeli incursions). But the Israelis are very impressed with their prowess, prompting them to remove dozens of West Bank roadblocks which had been strangling the Palestinian economy (and humiliating the Palestinians).

In a way, it is unfortunate that the settlements are right now the litmus test issue. Not because settlements aren't important or that rolling them back isn't a critical step for peace; but simply because security guarantees and checkpoint withdrawals are an arena where it looks like the players are making serious progress, of the sort that could spark major momentum towards a comprehensive peace solution. Unfortunately, these aren't the areas in the middle of the public eye right now, so a lot of potential energy is being lost. Oh well.

Cohen Draws Another Challenge

Five-term Memphis mayor Willie W. Herenton has announced he is resigning in order to challenge progressive lion Rep. Steve Cohen (D-TN) in the Democratic primary for the 9th Tennessee Congressional seat. After some fretting by yours truly, Rep. Cohen handily turned back a challenge last cycle by Nikki Tinker in a campaign marred by race-baiting and anti-Semitism. But while Herenton's popularity has been flagging of late, he is still a far more credible and dangerous opponent than Tinker ever was. I haven't seen any indicator that Cohen is disliked in his district, but this cycle will be probably his best chance to demonstrate whether he's truly entrenched himself or not.

Thursday, June 25, 2009

Titleholder

I did not know the Junior Middleweight contender Yuri Foreman (27-0, 8 KOs), one of the few top-level Jewish boxers competing today, was also training to be a Rabbi. Now that would be something -- a Rabbi who also holds a world boxing title.

Foreman faces off against Contender alum Cornelius "K9" Bundrage (29-4, 17 KOs) in an IBF junior middleweight eliminator. I'd like to say it will be an interesting fight, but both have a tendency to stink up joints -- albeit in different ways: Bundrage loves to hold and fight dirty on the inside, whereas Foreman is feather-fisted and is content to spend a fight pecking away with his jab.

Not Time To Back Down

Mark Lynch is back from a trip to Israel and Palestine and has a message for Barack Obama: Don't back down on the settlements:
Rightly or wrongly, Obama has made the settlement issue a test of his credibility, and if he backs down then all the progress he has made will wash away instantly. That makes this a pivotal moment, whether or not an Obama administration focused on Iran wants it to be one. Most Palestinians, with their well-earned skepticism of American policy, expect Obama to back down. Most Israelis probably do as well. And that would be tragic, because without much publicity Obama's pressure has already started generating some important results on the ground -- not just Netanyahu's carefully hedged uttering of an emasculated two state formula, but the significant easing of checkpoints and roadblocks in the West Bank, the lifting of some of the more ludicrous parts of the blockade of Gaza, the release of Hamas prisoners (including its Parliamentarians) by both the Palestinian Authority and Israel, and reports that the Egyptians are planning an unveiling of a Hamas-Fatah unity government agreement on July 7.
[...]
That Israel has quietly made significant changes to the checkpoints in the last few weeks -- after ignoring six years worth of Road Map commitments, snubbing Tony Blair and the Quartet's persistent demands, dismissing the recommendations of the World Bank and other international development agencies, and greatly expanding them even while negotiating during the Annapolis process -- suggests that Obama's tough love approach has actually been the only one able to achieve real results. It hasn't gotten much publicity, and it's only a minor thing in the wider context of the occupation, the battle over the settlements, the tortuous politics of the final status issues, the trends in Israeli politics and the disastrous Palestinian political divisions. But it shows that there is already something to show for his policy and that it's worth fighting for. But all those developments could disappear in a heartbeat if the Israelis decide that they have gotten the better of the Obama administration.

Peace Now (via) gives a rundown of the top "myths" used to justify avoiding a settlement freeze. A big problem is that even the more reasonable anti-freeze arguments (like "vertical growth") aren't being deployed in good faith. And in any event, a goodly chunk of settler growth isn't coming from natural growth anyway.

I'm not adverse to a face saving compromise here. But it has to involve more that symbolic concessions by the Israelis -- it needs to get us moving down the real path to creating a viable environment to a Palestinian state. And, I should add, if such a genuine compromise is reached, then I fully expect pro-peace elements of the blogosphere to support it and demand it be seen as a real step forward. A lot of times when Israelis and Palestinians take important steps, their opposing partisans dismiss them as falling short of the ideal. Of course they do -- if people were behaving ideally, we wouldn't have a conflict anymore. But we're long past the time when we could afford to let the perfect be the enemy of the good.

Minimally Minimalist

Ramesh Ponnuru has an op-ed in the NYT blasting his fellow conservatives for abandoning originalism and judicial restraint when the topic of race comes up. And he's right to do so -- in cases like Parents United and Ricci the right suddenly wants to strike down democratically enacted policies like drunken school boys because they dislike the policy.

But over at Southern Appeal, Owen Courrèges counters by making the usual stock response: Judicial review means sometimes laws are unconstitutional, so it is hardly anything problematic if conservatives sometimes find themselves striking down laws. There might be a bit of cognitive dissonance given that conservatives are significantly more likely to strike down federal laws, but in general, Courreges' point is quite reasonable.

Except that it proves too much. For anyone this side of Jeremy Waldron who does believe in judicial review, the division between laws which we uphold and laws which we strike down is always going to be at the line where those laws violate (our interpretation of) the constitution. Who does Courreges think he's distinguishing himself from? If conservatives shouldn't feel bad about striking down the law at issue in Parents United, it is precisely because they -- just like every liberal on the Court -- have a theory of the constitution which sometimes requires that laws be struck down. The term "activist" here has become totally impoverished because it translates into "decision I disagree with".

There is, of course, the separate problem about whether the conservative doctrine of originalism is faithfully applied to race cases. Justice Thomas' pathetic attempt to justify the Parents United decision on originalist grounds strongly indicates that it is not. There is not a scintilla of evidence indicating that the Reconstruction Amendments were intended, meant, or understood to create a color-blind society. And there is at least some evidence indicating they were intended to be consistent with race-conscious remedial practices. I've seen efforts to impeach the latter, with varying degrees of success. But what I've yet to see is any evidence indicating the former -- which should be a must for originalists if they're going to justify judicial supremacy on the matter.

Wednesday, June 24, 2009

Good Luck in this Fight

JTA: Some Jewish Settlers Turning Against Israel. I believe I've already registered my appreciation for those clarifying who is pro-Israel and who isn't? The far-right radical settler youth are not just a threat to Israel, obviously. Their hateful and supremacist also manifest in vicious violence against local Palestinians.

Fortunately, Israel has plenty of experience in dealing with extremist fringe groups. I dare these punks to try and "put a price tag" on IDF operations. It will bring me great pleasure to see these kids rot in prison for awhile.

Cornering Prison Rape

I've written before on prison rape, including my feeling that its status as a popular joke is one of the primary barriers to seeing true reform in the field. So I was pleasantly surprised to see a truly stellar post at the Corner (how often will I say that?) talking tough on the prison rape epidemic.
Anyone who looks at the problem can’t react with anything other than horror. According to the Bureau of Justice Statics, over 60,000 prisoners — the great bulk of them male — fall victim to sexual abuse in prison each year. A fair number of these men are “punks” who are subject to frequent, even daily, male-on-male rape for years on end.

The federal report’s conclusions — a zero-tolerance policy, more direct monitoring, and the like — almost are all common sense. State, local, and federal governments should take immediate legislative and administrative action to implement nearly everything in the report. (Most of the practices are already commonplace in the federal and better-run state systems.) Although giving trial lawyers more business rarely makes sense, Congress may also want to reconsider laws that make it very difficult for prisoners to sue prison authorities absent concrete evidence of physical harm. It’s quite possible that many legitimate prison-rape claims get thrown out of court under current laws. And prison rape needs to stop.

But the nation’s prison-rape problems can’t go away overnight for at least two major reasons. To begin with, the racial supremacist gangs that control many prisons use rape as a tool for keeping other prisoners in line and, in some cases, prison officials may turn a blind eye towards sexual abuse when it keeps prison populations more orderly. Second, the understandable widespread social distaste for people in prison has lead to a widespread attitude that’s frankly inhumane. It is one thing to say that prison shouldn’t be fun and quite another to say that detainees “deserve” rape. Nobody does. But, somehow, prison rape remains a perfectly acceptable topic for sitcoms, widely trafficked websites, and late-night comedians.

Government runs the prisons and, in the end, government policy will have to play the dominant role in eliminating prison rape. But, to facilitate that, society also has to change and acknowledge that, even though most people in prison have done awful things, they’re still human beings and still have rights.

Seconded.