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Legal Commentary

Discriminations

who? Discriminations is the joint production of John and Jessie Rosenberg. John is one of the world's older grad students, now completing a 30-year overdue dissertation at Stanford on discrimination. Jessie is a 16 year old junior at Bryn Mawr College majoring in physics.
\r\nwhat? John's focus, not surprisingly, will be on the theory and practice of discrimination, and how it is reported and analyzed.
\r\nJessie's will be discriminating thoughts on ... whatever catches her fancy or attracts her attention. (Email: jrosenbe@brynmawr.edu)

Post Frequency: 13.8/day

Last Entry: April 01, 2011 at 09:31:52

Quis Custodiet Ipsos Custodes?

Posted on March 30, 2008
From Wikipedia: Quis custodiet ipsos custodes? is a Latin phrase from the Roman poet Juvenal, variously translated as ?Who watches the watchmen??, ?Who watches the watchers??, ?Who will guard the guards?? ?Who shall watch the watchers themselves??......

Joey Gonzalez: Great American!

Posted on March 29, 2008
Read this review of this book. From the review... Soon after landing a newspaper job in my early 20s, an editor asked if my parents were really proud of me. The question perplexed me, and it was only years later that I understood the implication. What the editor meant was ?Hey, you?ve graduated from college and have a good job as a journalist, AND you?re a Hispanic woman...

UPDATE! [29 March]

Posted on March 29, 2008
I have added to and UPDATED my post below about Newsweek?s handling of race issues.

An ?Equal Playing Field??

Posted on March 29, 2008
Most defenders of racial preference insist, against all available current evidence, that they believe in the ideal of colorblind equality, in the principle that everyone should be treated ?without regard? to race, ethnicity, etc., but they immediately set their professed dedication to that principle aside by maintaining that it is impractical to implement that principle because ?the playing field is not level...

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Newsweek: Obama Can?t Dodge State Civil Rights Initiatives

Posted on March 28, 2008
Newsweek has an article, ?Obama?s Postracial Test,? discussing the impact the campaign to pass initiatives in five state barring racial preferences will have on Obama?s claim to be a post-racial candidate. The article is afflicted by all the usual liberal biases...

NOW He Says He ?Would Have Left...?

Posted on March 28, 2008
Obama now says he would have left Trinity United if Rev. Wright had not retired and if did not apologize. ?Had the reverend not retired, and had he not acknowledged that what he had said had deeply offended people and were inappropriate and mischaracterized what I believe is the greatness of this country, for all its flaws, then I wouldn?t have felt comfortable staying at the church,? Obama said Thursday during a taping of the ABC talk show, ?The View...

Wash. Post Article (Editorial?) Opposes Equal Treatment

Posted on March 27, 2008
Peter Slevin, a self-described ?staff writer? at the Washington Post, a self-described ?newspaper,? wrote an editorial yesterday, in the form of a news article, about efforts to promote what Slevin was pleased to call ?[Ward] Connerly?s self-described ?civil rights initiative...

Man Of Steele

Posted on March 27, 2008
Judged by the power of his analysis in several books that are almost breathtaking in their perception, Shelby Steele really is an intellectual Superman. I have mentioned his most recent, and most timely, book, Bound Man: Why We Are Excited About Obama and Why He Can?t Win, several times (here, here, here)...

More Breathtaking Educational Research...

Posted on March 26, 2008
If your heart is weak or you?re easily shocked you may want to take two aspirin and sit down before reading the following, but two education researchers recently presented another dose (here?s the first one I discussed) of shocking, shocking findings at the convention of the American Education Research Association...

The Blogs On Barack

Posted on March 25, 2008
Mark Paul, an old friend (don?t hold that against him), has a fair and balanced survey of the blogosphere?s reaction to The Speech on his blog, Moonbats and Wingnuts, that, well, surveys blog reactions to various issues. UPDATE Some of you may be interested in some comments I just emailed to Mark...

Critical Race Humor

Posted on March 25, 2008
One thing can be said with confidence about much of the research that wafts up like malodorous mist from the swamp of our schools of education: it never ceases to amuse. Take a recent study (Please!) of 43 colleges? 30-second recruiting videotapes, described by Peter Schmidt in the Chronicle of Higher Education, based on a paper summarizing the study recently presented at the annual conference of the American Educational Research Association...

Preferentialists Prefer Plessy

Posted on March 24, 2008
On a number of occasions I?ve asked, Do Preferentialists Prefer Plessy? And my answer is always the same: yes. As I wrote here: It is one of the many ironies in the strange career of racial equality that in order to defend racial preferences liberals today rely on purposefully ambiguous language resulting from the desire of the framers of the 14th Amendment to preserve segregation and states rights, while the critics of racial preferences, who are usually viewed as conservatives, echo the radicals who wanted to proscribe all racial distinctions...

Rodriguez: ?Obama?s Brilliant Bad Speech?

Posted on March 24, 2008
Gregory Rodriguez, the almost always interesting syndicated columnist, gets it exactly right in today?s Los Angeles Times: His rhetoric entangled him in race in exactly the wrong way. In some ways, Barack Obama?s speech on race last week was as brilliant as it was nuanced...

Has Barack Obama Become Jesse Jackson?

Posted on March 24, 2008
After the South Carolina primary Jack Tapper of ABC News headlined one of his blog posts: ?Bubba: Obama Is Just Like Jesse Jackson,? referring to the following comment of Bill Clinton that was widely regarded as a race-injecting put-down: Jesse Jackson won South Carolina in ?84 and ?88...

What Obama Didn?t Say

Posted on March 23, 2008
Most of the discussion of what Obama didn?t say in The Speech concerns, reasonably enough, his relationship with Rev. Wright. But there?s also a good deal more that he didn?t say, and insofar as one believes potential leaders should address important matters of policy in a presidential election, at least one of those other omissions, on affirmative action, may prove to be much more revealing than his eloquence on slavery and the roots of black anger...

Are Initiatives Un-Democratic?

Posted on March 23, 2008
According to Marci Hamilton, a respected law professor at Yeshiva University (spending this year at Princeton), the provision for state initiative, which allow citizens to directly enact law or change their constitutions, is not a good idea. In a thoughtful and interesting article she describes how the anger, bitterness, and bad behavior of a group of BAMN demonstrators at a Federalist Society panel at the University of Michigan supports her dislike of direct democracy...

And You Wondered Why Obama Stuck With His Church

Posted on March 22, 2008
Over the years I?ve discussed the work of Colbert King, a deputy editor at the Washington Post, on a number of occasions (one, two, three, four, five, six). But his column today may be the prizewinner, answering as it does the question that everyone has been asking: ?Why Obama Stands With His Church...

More Obamanut Racial Inanity

Posted on March 21, 2008
You know we?re getting overloaded with racial inanity when even I am getting tired of it. Yesterday, only two days after AOS (After Obama?s Speech), we had a double dose. In Dose 1, after all but calling his grandmother a racist in The Speech, Obama described her as ?a typical white person...

Race, The ?Great Alibi,? And The ?Treasury Of Virtue?

Posted on March 21, 2008
Discussing The Speech this morning, Charles Krauthammer wrote that it played on ?white guilt.? Obama?s purpose in the speech was to put Wright?s outrages in context. By context, Obama means history. And by history, he means the history of white racism...

Krazy Kristof

Posted on March 20, 2008
Nicholas Kristof?s OpEd?s are almost useful barometers of which way the winds are blowing in liberal America (or at least liberal Manhattan, often but not always the same). Today?s column suggests that the biggest disagreements among liberals over Obama?s speech is whether it was the greatest oration since the Sermon on the Mount or only since Martin Luther King?s ?I Have a Dream...

Liberal Conceit

Posted on March 20, 2008
Katharine Seelye?s article in today?s New York Times looks at Pennsylvania in asking, ?Did Obama?s Speech Reach the Voters He Needs?? Her answer seems to be, probably not, but what I found most interesting was the following quote from former member of Congress from Philadelphia, and current Clinton-supporting Penn professor, Marjorie Margolies-Mezvinsky, who praised the speech...

UPDATE!

Posted on March 19, 2008
I have added a long UPDATE to my post on Obama?s Speech.

Judge Upholds Michigan?s Prop. 2!

Posted on March 18, 2008
BAMN and friends never abandoned their effort to find some court, somewhere, that would tell the citizens of Michigan that they lack the authority to prohibit their state, through a constitutional amendment, from discriminating on the basis of race. Now they have failed one more time...

Obama?s Speech

Posted on March 18, 2008
Read it here. It?s much better than my partial draft. I think it was a great speech, and if a speech can save his candidacy my bet is that this one will. It left some questions unanswered, such as why he dissembled in implying that he didn?t know of Wright?s ?incendiary? remarks until he began his campaign, or why he said (I believe falsely) that ?typical? black churches applaud ministers telling congregations to sing ?God Damn American,? and a few other decidedly un-new politics of hope evasions and misdirections, but I suspect these will be forgiven...

Two editorial writers for the Kansas

Posted on March 17, 2008
Two editorial writers for the Kansas City Star ask how the wreck of Wright will affect some important endorsers of Obama in the midwest. Two of Barack Obama?s most important endorsements from America?s Heartland are from Missouri Sen. Claire McCaskill and Kansas Gov...

Are Mainstream Black Churches Hotbeds Of Vituperative Anti-Americanism?

Posted on March 17, 2008
It may well be that the most disturbing defamation brought to light in the controversy surrounding Rev. Jeremiah Wright was not one of Wright?s many slanders against the United States but what I think is a slander against black churches in the United States by Barack Obama...

Here?s What Obama Should Say

Posted on March 17, 2008
In an attempt to put the Wright wreck behind him Obama plans to give a speech tomorrow on ?the larger issue of race in this campaign.? Here?s a part of what he could say to redeem himself and his campaign: My desire to see our country transcend old racial antagonisms, and my belief that I could help bring about that transcendence, was my primary motive for entering this campaign...

Is Robert Novak Blind?

Posted on March 17, 2008
In an otherwise good column on the Ferraro affair, Robert Novak writes that Obama, as the first African-American with a real chance to become president, has exposed an ugly racial divide in what was supposed to be a colorblind Democratic Party. Assuming he actually believes this astounding misunderstanding, Robert Novak must be the only person in America who believes today?s Democratic Party thinks it is ?supposed to be colorblind...

Stupidest Wright Wreck Comment (So Far)

Posted on March 17, 2008
Thomas Edsall, political editor of the Huffington Post, appears to think that the most important political fact about the Wright wreck is that it has made conservatives angry. Thus, his attempt to gauge the amount of damage is to survey the liberal reaction to the ?explosion of commentary in the conservative blogosphere...

Stark Democrats

Posted on March 17, 2008
Kristina Wilfore is executive director of the Ballot Initiative Strategy Center, which supports ?progressive? ballot initiatives. In an address to the Take Back America conference in Washington (presumably they are trying to take back America from the people who are trying to take back their states via initiatives BISC doesn?t like), she described supporters of initiatives prohibiting racial preference as mere pawns of a right-wing agenda...

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