Lying To Make Friends

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Fuel for the Crazies

March 5th, 2010 at 2:04 am · AR, Arts and Entertainment, Politics

I went to see The Crazies last night. Horror’s not really my preferred genre, but some friends were going and it seemed like a good night for a good/bad movie.  Sadly, I found myself unable to leave politics behind during the movie.  I was very disturbed, but not for the reasons the movie intended.

I recognize that looking for meaning or worrying about impact is giving the movie more credit than it seeks or deserves.  I also recognize that being socially responsible isn’t really Hollywood’s job.  That said, I don’t think that a time when the election of our first black president has driven right-wing, anti-government hysteria to a point that is leading to violent acts is the best time to make and release a movie about shadowy government figures terrorizing a small town of simple white farmers.  The movie includes tropes of the lunatic fringe such as black helicopters and a poisoned water supply.  There’s even a shot of a pregnant woman being gassed.

A brief scan of reviews of the movie makes it seem that I’m alone in my concern, but I couldn’t shake a strong feeling of unease through the entire movie.  I’ve never been more tempted to walk out on a movie, but I stayed in hopes that there would be some twist, an alternate explanation that it wasn’t the U.S. government torching innocent farmers.  Alas, the movie just gets worse as it goes on.

-AR

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In Defense of the Somehow Controversial Position that Getting Rid of Teachers is not the Way to Improve Schools

March 3rd, 2010 at 11:51 am · AR, Labor, Politics

Last week, the Central Falls School District in Rhode Island decided to fire its entire high school teaching staff of 93 people.  The decision was made under pressure from state and federal to turn around failing schools, and after the District failed to come to terms with the teachers’ union over compensation for extra duties the District demanded.  The move received an enthusiastic endorsement from Secretary of Education Arne Duncan and a more subdued endorsement from the President (which, in turn, provoked a sharp rebuke from American Federation of Teachers President Randi Weingarten).

The action of the Central Falls school board is the most extreme manifestation of the growing trend toward scapegoating teachers generally and teachers’ unions specifically for the problems of failing schools.  It is generally easy to predict from the demographics of a school district how successful it will be on certain measures.  Central Falls is a good example:  according the Associated Press, “More children live in poverty in Central Falls, a city of just 1 square mile, than anywhere else in Rhode Island. Until recently, one of the city’s few growth industries was a quasi-public jail.”  The school also a high percentage of students who speak English as a second language.  Yet it’s an article of faith that the reason schools fail is that unions make it impossible to fire bad teachers.

There seems to be a belief that we can eliminate the flaws in the system supposedly caused by teachers’ unions without getting rid of the benefits the unions provide.  The benefits of good pay and job stability provided by unions are most important in the most difficult and stressful positions.  Put another way, it’s unclear to me, after we fire all the teachers in struggling schools, how we attract people into these high-stress, difficult jobs without the wages and job security teachers’ unions protect.

While my general support for unions no doubt motivates my defense of teachers’ unions, there’s a broader public policy concern at play.  Somewhere along the line, we decided that improving schools was the only anti-poverty measure we are willing to consider.  This decision has led us to reverse the relationship between poverty and education quality:  we believe that improving schools will eliminate poverty, rather than that attacking poverty is the only way to improve failing schools.  Since we have decided, against all evidence, that poverty is not the problem with our failing schools, the problem must be that our lazy, union-protected teachers just aren’t trying hard enough.  Bust the unions, and we don’t have to lift a finger to create jobs in the inner city, improve public housing, or reform our criminal justice system.

There is thus a cruel irony in the rhetoric used against teachers’ unions.  Teachers are assailed for putting their own self-interest ahead of that of students.  But they are the only ones being asked to sacrifice anything in this equation.  Because we unwilling to spend any additional public resources on attacking the root causes of poverty, we demand more from those who have already decided to dedicate their lives to the difficult task of teaching our most disadvantaged children.

-AR

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Oh, a Joke. I Get Jokes.

March 2nd, 2010 at 10:01 pm · AR, Law and Justice

One of the more annoying trends in our national discourse occurs whenever someone has said something offensive, and his/her defenders inevitably defend the comment as being a joke, as if jokes cannot be offensive, and claim that any critics should just get a sense of humor.

An even more disturbing example of this framing can be found in the headline of last night’s KTLA story on “scooping,” which poses the question of whether scooping is “sexual assault” or “a schoolboy prank.”  Reading the description of scooping in the article, it’s impossible to reach the conclusion that the practice is not sexual assault, regardless of whether or not it could also be considered a schoolboy prank.  I’m not sure what the consequence of defining it as a prank is, but it is not, as the headline suggests, that it is not sexual assault.

-AR

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I Refuse To Take Your Tea Party Seriously

February 28th, 2010 at 12:26 am · AS, Politics

This Is Ten Times More Legit

I am so sick of hearing about this allegedly awesome tea party.  Time Magazine has just published a longish article on the subject of Why The Tea Party Matters, thus demonstrating that a) the general consensus is the tea party does not matter; b) to the extent it may matter, it takes three long internet page-jumps to explain why it matters; and c) Time Magazine no longer matters.

I know, I know, Scott Brown.  But you know what, even Scott Brown doesn’t care about this dumb tea party.  As far as I am concerned, a bunch of ill-informed, reactionary white people does not make a revolution — that’s just business as usual.  You can’t invite a couple of xenophobic teddy bears to the tea-table and call it a legitimate national movement.  That’s just a xenophobic teddy bear you’re pretending is your friend, and the whole thing is weird, frankly.  In fact, it’s embarassing.

Are You Serious

So please, let’s get back to the time when we made teabagging jokes and appreciated how funny it was that Fox News managed to galvanize a few hundred people around probably one of the few Historic Events they managed to learn in spite of the American education system.  Whatever we do about this super-lame garden party of sorts, let’s just make sure we don’t take it seriously.  After all, dumb things we start to take seriously have a bad habit of becoming real.

-AS

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All Apologies

February 24th, 2010 at 2:18 am · AR, Politics, Sports

This is a post that could easily be recycled every month or so whenever some famous person sticks his her foot and his or her mouth and then botches his or her apology.  (And, given my recent inability to get myself to post more than once every other month, I probably need to write more posts that are easily recycled.)

A quality public apology requires only two parts.  1)  Admit what you said/did was wrong; and 2) say you’re sorry.  And if you want to throw in some unhinged stream of conscience stuff on your love of the Appalachian Trail, so much the better.

Sadly, apologizers seem to almost always feel the need to go one step further, offering hollow excuses that undermine the first two parts.  Take, for example, Tony Kornheiser’s recent apology for sexist comments he made about Hannah Storm’s outfit at the Olympics.  Kornheiser correctly recognizes his remarks were intemperate and stupid, and offers an apology to Storm.  But he then feels the need to add the line, “If you put a live microphone in front of somebody, eventually that person will say something wrong.”  At least two problems with this statement:  1) while I cannot account for every statement ever made by everyone who’s spent significant time in front of a microphone, I’m pretty sure it’s not true, at least to the extent that “wrong”=”offensive”; and 2) to the extent that it is true, it’s meaningless and unnecessary.  Imagine how ridiculous a similar statement would be in another context:  you say something hurtful to a close friend, apologize, but then add “you know, if you and I are going to talk every day, eventually I’m going to say something wrong.”

Even worse is the apology/non-apology, where what seems like an apology is really a disingenuous and implausible explanation for why there’s no need to apologize.  The most common variation of this is “My words were taken out of context.”  My favorite example comes from an ESPN the Magazine article I read a few years back, in which an NFL player admitted to telling his wife “I’ll be just like OJ and you’ll be Nicole,” but claimed these words were taken out of context.  While it’s literally true that every time a quote is reproduced it’s taken out of context, it’s hard to imagine a context that would excuse that statement.

Closely related to implausible claims that a quote was taken “out of context” are implausible claims that a quote was misinterpreted.  Such was the excuse of Virginia Delegate Bob Marshall for his contention that disabled children are God’s way of punishing women for abortions.  For a full evisceration of Marshall and the implausibility of his “apology,” see the always wonderful Kate Harding.

Sadly, I have no recent examples of the worst form of public apology, the “I’m sorry if anyone was offended,” which essentially translates to “Suck it up, crybabies.”  But I will highlight a particularly egregious example:  last year Senator Jim Bunning apologized for predicting that Justice Ruth Bader Ginsburg would soon be dead, but his apology was conditioned on Justice Ginsburg being offended.

One last note:  even if you get the words right and avoid counterproductive excuses and qualifications, it helps if you aren’t just awkwardly reading a statement and occasionally raising the volume of your voice to indicate anger.

-AR

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Better Late Than . . . Once, 14 Years Ago

February 17th, 2010 at 2:18 am · AS, Law School, Law and Justice, Supreme Court

Weirdly enough, a new challenge to Proposition 209 is underway in federal court.  Prop two-oh-what, you say?  Yes, Ward Connerly’s hilarious parody “civil rights” initiative of 1996, which prohibited public institutions in California from considering race, sex, and ethnicity EVER (except when they do, constantly), is being called unconstitutional.  It’s like some law student was watching I Love The 90s, discovered this proposition, and decided to bring back the anti-209 legal challenge like they brought back Beverly Hills 90210.

The official explanation for bringing the case now, more than 10 years after the Ninth Circuit upheld the law and the Supreme Court took a pass, is that “the legal environment has changed” considering the result in Grutter v. Bollinger.  But seriously, that case was decided in 2003!  That was even before Roberts and Alito happened to us!  Back then, we didn’t even know it was possible to put two different flavors of Doritos in one bag!  (Never forget.)

Anyway, I predict doom and gloom for this legal challenge.  The advantage of the time that’s passed is that the plaintiffs can make out a better claim of disparate impact by showing the dismal state of minority enrollment at UC schools (I’m a two-time UCLA student post-Prop 209, and I can attest: dismal).  Unfortunately, disparate impact apparently no longer exists in Supreme Court jurisprudence (see that firefighters case), and taking a stand based on Grutter is like what the Coyote would do right before he realized he had chased the Road Runner a little bit past the cliff’s edge.  That case was a challenge by a white student miffed at affirmative action in admissions (aka Ward Connerly’s protege), not the other way around, and the admissions policy there was upheld on narrow grounds that had nothing to do with a historical understanding of race-based subordination.  No way does will that case be applied to overturn a voter referendum that has been in place since the time when Garth Brooks was cool.

By the way, one of the attorneys for the group bringing the challenge is named George Washington.  (I bet he gets a lot of “crossing the Potomac” jokes.)

But best of luck to you, George Washington & Co.  Hopefully you make it in spite of the odds.

-AS

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Imagining Scenarios In Which I Support Sarah Palin or John Edwards (again) for President

February 2nd, 2010 at 5:30 pm · AR, Politics

Often times, when reading poll numbers or looking at election results, I have to face the fact that my obsession with politics and rabid partisanship makes me different from most Americans.  Particularly difficult to accept, though, is my recent realization that I’m more insanely partisan than the modern Republican Party.

DailyKos recently commissioned a poll to gauge just how of touch rank and file Republicans are with reality.  And the answer is:  very.  Only 42% of Republicans say President Obama was born in the United States, compared to 36% who say he was not and 22% who aren’t sure.  Twenty-three percent of Republicans believe their state should secede from the Union, 39% believe Obama should impeached (which isn’t suprising, since 63% believe he’s a Socialist, 31% believe he’s a racist who hates people, and 24% believe he wants the terrorists to win), and 21% believe ACORN stole the 2008 election.

But there’s one number in the poll that’s been getting a lot of attention that strikes me as being surprisingly low.  Fifty-three percent of Republicans believe that Sarah Palin is more qualified to be President than Barack Obama.  Obviously, I disagree with these people on the relative qualifications of Obama and Palin.  But my disagreement is more with the simple fact that they’re Republicans and not how they judge qualifications for elected office.  On the latter issue, I’m probably more in line with the Republicans who answered Palin than the Republicans who answered Obama.   While there are many seemingly objective factors by which one could say President Obama is more qualified than Sarah Palin–intelligence, temperment, worldliness, etc.–none of these matter as much to me as the fact he’s right and she’s wrong on the major issues a president has to deal with.  If I were a Republican who conceded the objective grounds for Obama’s superior qualification but agreed entirely with Palin on matters of policy, I would no doubt be among the 53% of my party saying she is more qualified than Obama.

To give an extreme example, even after the absurd revelations of the past few weeks, if a pollster were to ask me who I considered more qualified to be president, John Edwards or a generic but respectable Republican like, say, Orrin Hatch, I’d have to go with Edwards.  From my perspective, thinking about issues in the right way, starting with the correct baseline assumptions and principles and reaching the correct results, is the single most important qualification for an elected official.

-AR

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The State of the Union. . . Depends on Mitch McConnell Growing a Conscience

January 28th, 2010 at 5:07 pm · AR, Politics

My expectation going into last night’s State of the Union address was that the President would be bold and combative in tone, but timid and capitulatory in substance.  In other words, that he would renew his call  for victory on major issues like climate change and health care, but dramatically redefine what victory means in those areas.

With those skeptical expectations in mind, I was pleased with the President’s address.  On policy, there wasn’t much in the way of new announcements, good or bad.  While the spending freeze is a political stunt with disastrous policy consequences (as people far smarter than myself and some guy named Barack Obama have pointed out), we knew it was coming for a few days.  And aside from that, there wasn’t the kind of movement to the right that I had feared.  President Obama seemed to be relaunching, rather than abandoning, the major goals he set for himself when he took office.

The best parts of the speech were those when the President called out the irresponsibility and obtructionism of Republicans.   My favorite passage was:

And if the Republican leadership is going to insist that 60 votes in the Senate are required to do any business at all in this town — a supermajority — then the responsibility to govern is now yours as well.  Just saying no to everything may be good short-term politics, but it’s not leadership.  We were sent here to serve our citizens, not our ambitions.   So let’s show the American people that we can do it together.

For the past year, the Administration and the Democratic leadership has been trying pass major initiatives by playing along with the arcane rules of the Senate and the disgraceful manipulation of those by the Republican leadership.  They have dutifully tried to cobble together 60 votes on every bill and waited patiently as important posts remain unfilled due to anonymous holds and demands for cloture.  Last night, the President finally called out this non-sense in the highest profile forum available to him.

I’m not sure anything will change after last night’s speech.  I certainly don’t expect Mitch McConnell to be shamed by the President’s words and actually allow the country to be governed.  But it was a smart and necessary move by the President, and probably the best speech he could have given under the circumstances.  The country and progressives needed to be reassured that the President remains committed to real change on big issues, while Republicans need to be forced to at least publicly defend their scorched earth approach to legislating.

-AR

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What A Girl Wants

January 25th, 2010 at 7:00 pm · AS, Law and Justice, Technology

Senior Texting

Last week, the Third Circuit heard arguments in what has been dubbed the “Sexting Case,” although the case actually has little to do with the AARP phenomenon of sexting.  The girls in this case weren’t even old enough to realize their Twilight books are homoerotic:

The case goes back to 2006, when two girls aged 12 were photographed by another friend on her digital camera. The two girls were depicted from the waist up, wearing bras. In a separate situation, our third client was photographed as she emerged from the shower, with a towel wrapped around her waist and the upper body exposed. Neither of the photos depicted genitalia or any sexual activity or context. In 2008 the girls’ school district learned that these and other photos were circulating, confiscated several students’ cell phones, and turned the photos in question over to the Wyoming County district attorney, George Skumanick, Jr.

Skumanick sent a letter to the girls and their parents, offering an ultimatum. They could attend a five-week re-education program of his own design, which included topics like “what it means to be a girl in today’s society” and “non-traditional societal and job roles.” They would also be placed on probation, subjected to random drug testing, and required to write essays explaining how their actions were wrong. If the girls refused the program, the letter explained, the girls would be charged with felony child pornography, a charge that carries a possible 10-year prison sentence.

[ACLU Blog of Rights]

So the case ended up being about whether this D.A. was allowed to force girls into what amounts to gender propaganda courses.  (Which begs the question: Can the D.A. also design some sort of reeducation plan for America’s seniors and their sex-texting?!)

I would also be remiss if I didn’t venture a guess at what some of those girl-education questions looked like, in the spirit of the New Haven Firefighter Test.

What It Means to be a Girl in Today’s Society

Which of the following activities is NOT appropriate for a girl in today’s society?

a) blind obedience

b) polite acceptance

c) quiet diligence

d) whoring

Which of the following after-school activities IS appropriate for a girl in today’s society?

a) whoring

b) tramping oneself about the town

c) acknowledging fledgling existence of breasts

d) crochet

-AS

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The Sad, Untriumphant Return of Lying to Make Friends

January 23rd, 2010 at 2:02 am · AR, Arts and Entertainment, Law School, Politics, Supreme Court

Due to a combination of final papers, holidays, cross-country and cross-state travel, the start of a new semester, and good old-fashioned laziness, Lying to Make Friends has been silent for the past month.  That silence has been extended for the past week because all of the top stories in the news, with the exception of the delightfully entertaining Tonight Show debacle, are bone-crushingly depressing to write about.

Rather than grapple with the crisis in American democracy that’s been laid bare by the events of the last week, I’m just going to quote liberally from a fairly perfect summation from James Fallows about why our government is so fucked up:

Fifty-nine senators, representing. . . some 63 percent of the American public, accompanied by a large House majority and a president recently elected with 70 million votes, cannot enact changes in the nation’s health-care system that have been debated for decades.
A 59-41 margin is not enough for a change of this magnitude.

Five Justices of the Supreme Court, outvoting their four colleagues, can work a fundamental change in election law that goes far beyond the issues presented by the parties to the case. . . Courts always have the option of deciding cases narrowly or broadly. The breadth of this one, reaching far beyond the merits of the case so as to enact the majority Justices’ views, is staggering even to a non-lawyer like me. A one-person margin is enough for a change of this magnitude.

In the least accountable branch of government, the narrowest margin prevails; in our elected legislative branch, substantial majorities are neutered.

So what’s next for America, and health care reform, and President Obama, and corporations, and the Democratic Party, and David Letterman? At the moment, I’m too disheartened to offer any ideas or predictions. But I promise to at least be more diligent about commenting on the thoughts and actions of others. At least until finals starts.

-AR

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