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Citizen Trump

[ 95 ] January 24, 2016 |

patty hearst

Steve Fraser has an interesting essay on the parallels and differences between William Randolph Hearst and Donald Trump:

Like Trump, Hearst was born wealthy. Like Trump, he was a ruthless competitor in the industry he came to dominate: newspaper publishing in Hearst’s case, real estate for The Donald. Like Trump, Hearst did not have to chase after publicity; he was the story. In his case he made sure of that by owning newspapers in cities all over the country, and if there happened to a city without a Hearst paper he bought one or started one. Garnering the lion’s share of attention has never been a problem for Trump, who benefits from living in the age of journalism of the picaresque, of reality masquerades, of news as entertainment. Known as “The Chief,” Hearst, like Trump, was a seasoned practitioner of the Great Lie. Both men lived large. Hearst was a sport, liked to party, married a showgirl, dressed brashly, spent lavishly (one thinks immediately of San Simeon, his grotesque palace in California where the haunting final scenes of “Citizen Kane” are set). Despite his enormous fortune, the Establishment of that era frowned on all this. Like Trump at a different moment in time, Hearst was their bad boy.

Patrician enemies first laughed and then grew alarmed. They deplored him as a “low voluptuary,” called him a “degraded, unclean thing.” As his political ambitions surfaced, they spied “a new horror in American politics.” And that was what really rankled. So long as he thumbed his nose at the social protocols of the Social Register elite, he was considered noxious, not dangerous. Once his more grandiose yearnings to run the country became clear, matters grew more serious.

Hearst, like Trump, had nurtured those desires for years before acting on them. When he did, he let loose with a kind of wild bilious rhetoric that only The Donald could match. Historians credit the jingoism of his newspapers with helping incite the Spanish-American War. During it he accused the secretary of war of poisoning American soldiers with “ancient” and “diseased’ beef. But what really bothered the country’s elites was his fulsome assault on the plutocracy.

How strange! He belonged to that plutocracy. Here is just where “The Chief” and “The Donald” converge and radically diverge. On the one hand, both held in contempt the sachems who ran the two major political parties, in Hearst’s case the Democrats, in Trump’s the Republicans. Neither held any elective or appointive office before reaching for the top. Both had the resources and chutzpah to stage their own campaigns, dealing with and bulldozing party hierarchs when they had to or because they enjoyed doing it.

Like Trump, Hearst showed total confidence he could realize his ambitions with or without an established political machine, boasted for that reason he couldn’t be bought, and set out to create one for himself. He had his own media megaphone after all, and used it to tap into something new in American political culture then that has become old news today. One of his closest advisers commented: “The American people – like all people – are interested in PERSONALITY… Hearst appeals to the people – not to a boss or corporation…” “The Chief” represented, according to one observer, “a strange new element. He is the first one-man party to have gained anything like national headway in the history of our democracy… His power has been gained purely by advertising himself… He is a celebrity who is guaranteed four million readers every day.” Sounds familiar.

One of Trump’s rather terrifying charms is his ability to conjure up various echoes of many a departed demagogue: from Mussolini, to Huey Long, George Wallace, Ronald Reagan, and the historical version of Charles Foster Kane. (Vladimir Putin would be a good addition to this list if he were not so obstinately alive).

Of course any historical analogy one draws should acknowledge that Trump is also sui generis, which I understand is Latin for oh my God this cannot really be happening. But it is.


The apprentice

[ 73 ] January 23, 2016 |


There’s nothing to whipping a fool. Hell, fools were made to be whipped. But to take another pro, even your partner, who knows you and has his eyes on you — that’s a score.

The Grifters

This makes me sort of sad:

Sarah Palin’s political action committee has begun fundraising off the former governor’s endorsement of Donald Trump for president. An email sent Wednesday from SarahPAC calls Palin’s backing of the Republican frontrunner “historic” and touts itself as planning to “continue endorsing anti-establishment candidates who will not play politics as usual.” And then the call for donations: “In order to get Sarah to political events to support endorsed candidates we need your help to fundraise her travel.” According to Politico, the fundraising email is especially unusual because presidential campaigns typically foot the bill to travel their surrogates to campaign events.

[emphasis added]

Palin’s PAC is of course a straight-up grift:

What did SarahPAC spend most of its money on, then, in the third quarter? Many of the same consultants she has used all along — for speechwriting, fundraising, logistics and research. There’s even someone paid to consult on “coalitions.” Travel, presumably for Palin, is part of the equation; a PAC like this is useful for keeping a high profile nationally without having to pay those pesky airline and hotel tabs out of personal funds. And the PAC sent $10,885 to HarperCollins — publisher of all three of Palin’s books — for “books for donor fulfillment.” That wasn’t the only book purchase by the committee: A lump sum of $13,000 was listed as being spent for “lodging, SUV rental, books for donors.”

Palin’s net worth is probably in the tens of millions, which is admittedly chump change in comparison to her new best friend’s immense fortune (That Donald Trump isn’t even picking up Palin’s Iowa travel tab is on one level the very definition of chutzpah — or as Ted Cruz would put it, “New York values” — but on another it can be seen as a sort of perverse gesture of mutual recognition that one grifter makes to another).

Anyway what makes me melancholy is the thought of all the gullible, poorly informed, eminently exploitable people these two utterly shameless thieves have ripped off with their various brands of (needless to say, perfectly legal) thievery. It’s very easy for progressives to have nothing but contempt for the sort of people who send $20 out of their social security check to Sarah Palin, but that contempt should be leavened with the realization that the personal and political fortunes of people like Trump and Palin are built on the ruthless exploitation of the sort of ignorance, fear, and desperation that Rupert Murdoch, Rush Limbaugh, Glenn Beck, and their ilk have spent years cultivating, while getting rich themselves.

Real v. fake legal arguments

[ 151 ] January 22, 2016 |


I have a piece on the difference between various strains of “natural born citizen” arguments:

A skill all lawyers need to develop is the ability to distinguish between a real legal argument and a fake one. A real legal argument isn’t necessarily a winning argument: rather, it’s an argument that could be expected to have some actual chance of winning the day, given various (realistic) assumptions regarding whatever authority figures will end up deciding whether the argument is right or wrong.

Arguments that Barack Obama wasn’t constitutionally eligible to be president were always fake legal arguments through and through, because there was never the slightest possibility that any federal court was going to accept such an argument. The reason no court would even consider those arguments is that they were all based on an obviously false, and indeed classically paranoid, claim: that Obama wasn’t born in Hawaii.

The argument that Marco Rubio isn’t eligible to be president because his parents weren’t U.S. citizens at the time of his birth– a lawsuit making this argument has just been filed in Florida – is also a fake legal argument. There is essentially no support for this position in American law. It’s the kind of claim, in other words, that can subject a lawyer to sanctions for bringing it. (Orly Taitz, the most indefatigable of the Obama “birthers,” was fined $20,000 by a federal court for bringing a similarly ridiculous claim).

The situation regarding Ted Cruz is completely different. The argument that Cruz isn’t a natural born citizen within the meaning of Article II of the Constitution, and is therefore ineligible to be president, is absolutely a real legal argument. Indeed, the argument that he is eligible, despite being born in Canada, is quite technical, convoluted, and far from compelling.

Nothing was delivered

[ 115 ] January 20, 2016 |


Steve Lubet has tracked down the person who could well be Gideon Lewis-Kraus’s source for the off the record claim in this part of GLK’s profile of Alice Goffman:

When it comes to Goffman’s assertion that officers run IDs in maternity wards to arrest wanted fathers, another short Internet search produces corroborating examples in Dallas, New Orleans and Brockton, Mass., and a Philadelphia public defender and a deputy mayor told me that the practice does not at all seem beyond plausibility.

First, Lubet found GLK’s “corroborating examples,” and discovered that they in no way actually corroborated Goffman’s assertions (GLK emailed me about my earlier LGM post on his story, and when I replied I asked him to allow me to correct the record if Lubet was mistaken in assuming that the three internet stories Lubet found were the same stories GLK was referencing. GLK’s subsequent response to my reply did not do so).

Lubet then interviewed Everett Gillison. Gillison was Philadelphia mayor Michael Nutter’s Deputy Mayor for Public Safety, and then his Chief of Staff. Gillison is also a former senior trial attorney in the Special Defense and Homicide Unit of Philadelphia’s public defender service; he spent a total of 28 years working for that agency. He is, as far as I have been able to determine, the only former deputy mayor of Philadelphia who was also a public defender.

Whether or not Gillison was GLK’s source (the quoted passage from his article may be referring to two separate people, but the article as a whole does not appear to have been edited for either content or style, so it’s difficult to say), he is, in regard to Philadelphia police practices, an impeccable source — one who is ideally situated to evaluate Goffman’s closely related and even more remarkable claim that “to round up enough young men to meet their informal quotas and satisfy their superiors, the [Philadelphia] police wait outside hospitals serving poor Black communities and run the IDs of the men walking inside.” [On the Run, p. 55).

Lubet asked him about that, and he replied:

The passage about hospitals is NOT in any way a standard practice. I spent almost 28 years as a public defender in Philadelphia and the last 8 years as Deputy Mayor and Chief of Staff. This is not a practice, period. (Emphasis original.)

Goffman’s most offensive response to requests that she provide some evidence that On the Run isn’t chock full of her own creative confabulations, presented to her readers as actual social facts, is that such requests are calling into question the veracity of poor black people (Goffman herself is, to quote the noted ethnographer Marcellus Wallace, “pretty . . . far” from being either poor or black). Here is her response to GLK on this point:

‘‘The way to validate the claims in the book is by getting officials who are white men in power to corroborate them.’’ She went on: ‘‘The point of the book is for people who are written off and delegitimated to describe their own lives and to speak for themselves about the reality they face[.].

Everett Gillison and Michael Nutter — the man who appointed Gillison to be Philadelphia’s chief official overseeing the regulation of the city’s police force — are both African-American. As Lubet points out, Gillison “has dedicated virtually his entire professional life to public service, including almost three decades in defense of young men just like Goffman’s informants. He is well aware of actual police abuses and ‘improper excesses,’ as he put it in an email. ‘They are disturbing enough,’ he told me.””

But such excesses and abuses apparently weren’t disturbing enough for Goffman, who apparently fabricated various interviews with Philadelphia police, who “confirmed” to her that they wait outside hospitals and run the IDs of men walking inside. (That anyone ever believed Goffman actually extracted confirmation of such a supposed practice from the authorities indicate just how essentially non-existent the vetting process for this book was).

And even this wasn’t enough: She then had to go on to create an imaginary encounter with police in a maternity ward, who, in the midst of arresting one of her primary informamnts, helpfully paused to explain to her that they had done so after running a warrant check on the ward’s visitors list, and that this was a standard practice on their part.

If Gillison was GLK’s source it’s easy enough to imagine how a journalist with an unwavering faith in Alice Goffman’s veracity could have produced an off the record, paraphrased-rather-than-quoted observation that such a practice “does not at all seem beyond plausibility,” even though of course such an observation should be considered worthless for evidentiary purposes, to wit:

Journalist: Is this a standard practice?

Source: No.

Have you ever heard of anything like this happening?

Source: No.

Journalist: Is it possible it has happened at some point?

Source: Sure, anything’s possible.

At this point, does it at all seem beyond plausibility that the appropriate persons will page Margaret Sullivan? For example, some people might be curious about what role,if any, Alex Star, who acquired and edited On the Run for FS&G, and who is the former Senior Editor of the New York Times Book Review, as well as the Sunday Magazine, played in the commissioning and genesis of GKL’s article.

As for Goffman, I can’t say what her fate is going to be after telling all those lies, but it’s worth noting that Goffman’s fabrications regarding Philadelphia hospitals are already being cited widely in the literature, including:

Ohio State Journal of Criminal Law
Spring, 2015
The Failures of Gideon and New Paths Forward
Alexandra Natapoffa1

128 Harv. L. Rev. 1723
Harvard Law Review
April, 2015
Development in the Law Policing

Law and Society Review
September, 2013
Michael DeLanda1

68 Vand. L. Rev. 1055
Vanderbilt Law Review
May, 2015
Alexandra Natapoffa1

New Mexico Law Review
Fall 2011
Professional Articles
Christine S. Scott-Haywarda1

So what’s next? My guess is that sometime in the next year or two Goffman will decide, prior to her tenure file’s assembly, that academia is too constricting of an environment for the sort of work she wants to do. Meanwhile, the various people at Princeton, the University of Chicago Press, the American Sociological Review (which published an article by Goffman, which featured a probably made-up survey of hundreds of Sixth Street households, that has already been cited more than 200 times) will continue to maintain a decorous silence regarding their roles in this fiasco.

For now, Goffman is taking advantage of a year at the Institute for Advanced Study, working on the following project:

[A]n ethnographic inquiry into the formation of human bonds and human identity. What are the situations that generate, sustain, and end our bonds to people and things?What are the experiences, large and small, that make us who we are? The ideas come out of field notes, but most of the examples in the text come from novels and non-fiction.

I suppose that’s what poker players refer to as a “tell.”

A car wreck every week

[ 189 ] January 19, 2016 |

are and wife

I’ve been a football fan for a long, long time, but it’s getting harder:

Former Washington Redskins and Pittsburgh Steelers wide receiver Antwaan Randle El is perhaps best remembered for his 43-yard touchdown pass in Super Bowl XL that aided a Pittsburgh win over Seattle, but a decade later, the physical and mental drawbacks have been so significant that he regrets ever playing in the NFL. . .

Randle El, who played in Washington from 2006 to 2009 between two stints in Pittsburgh, said he regularly experiences trouble walking down stairs — “I have to come down sideways sometimes, depending on the day” — and has serious memory lapses.

“I ask my wife things over and over again, and she’s like, ‘I just told you that,’ ” Randle El told the Post-Gazette. “I’ll ask her three times the night before and get up in the morning and forget. Stuff like that. I try to chalk it up as I’m busy, I’m doing a lot, but I have to be on my knees praying about it, asking God to allow me to not have these issues and live a long life. I want to see my kids raised up. I want to see my grandkids.”

Randle El is 36.

“The kids are getting bigger and faster, so the concussions, the severe spinal cord injuries, are only going to get worse,” he said in the interview. “It’s a tough pill to swallow because I love the game of football. But I tell parents, ‘You can have the right helmet, the perfect pads on, and still end up with a paraplegic kid.’

“There’s no correcting it. There’s no helmet that’s going to correct it. There’s no teaching that’s going to correct it. It just comes down to it’s a physically violent game. Football players are in a car wreck every week.”

Randle El is not naive to the profitability of the sport or the impact it has on society, but with the concussion and life-long injury issues getting more attention than ever before, the nine-year veteran thinks the end may be near.

“Right now, I wouldn’t be surprised if football isn’t around in 20, 25 years.”

Hey 49

[ 424 ] January 19, 2016 |

dazed and confused

And my brother’s back at home with his Beatles and his Stones
We never got off on that revolution stuff

All the Young Dudes

I was in high school in the mid-70s, aka Peak Eagles, so I have a couple of things to say.

(1) Jesus that was a long time ago. Those of us born toward the end of the baby boom have had, for more than forty years now, the experience of being stuck with the sense that we’re listening to the previous generation’s music. Check it out kids: if you were a teenager in 1977, “the Sixties” were simultaneously still everywhere, and very much ancient history. We weren’t part of the Woodstock generation — we were a million miles away from that helicopter day — but the youth culture of people ten years older than us (an eternity at that age) still dominated everything, or at least it felt that way. (I think Douglas Coupland wrote about this around 1980, in an essay I’m too lazy to try to find right now).

(2) The cultural demographics of the baby boom are still everywhere. Can you imagine, in 1975, a bunch of people of all ages having a furious debate about the merits of the popular music of the mid-1930s? I mean maybe I’m unusually ignorant in this regard, or maybe it’s in part because my parents immigrated to this country as adults, but I literally can’t name a single popular song from 1935, or for that matter from that entire decade. But the 1970s (and of course the 1960s, and the backlash to them) are still very much in our midst.

(3) As for the merits of the Eagles, anyone who can’t appreciate, at the right place and time, a bit of tastefully understated pedal-steel guitar, probably doesn’t like ice cream either.

Should Denver start Peyton Manning against the Patriots?

[ 90 ] January 18, 2016 |


I think this is a serious question in theory, and ought to be one in practice, but I would be shocked if Gary Kubiak will give it any consideration.

Anyone who saw yesterday’s game can appreciate, in every sense of the word, that at this point Manning is being held together by whatever the high-tech medical equivalent of duct tape might be. Sometimes his passes look like the work of the old (meaning the younger) Peyton Manning; more often they can look like a pale imitation of the former; and sometimes they resemble the proverbial duck that has come within range of a well-armed blind.

Manning had several throws yesterday that almost tumbled over end-to-end. The one time he threw deep he missed an open Demaryius Thomas badly. He lobbed a softball over the middle on an intermediate crossing route that William Gay jumped so easily that he quite possibly would have it returned for a pick-six, save for Emmanuel Sanders doing his best Charles Woodson imitation and breaking the play up.

Manning has also lost what mobility he once had, and he makes an extremely tempting target for pass rushers. The Broncos longest play of the day came when he fell on his face while dodging one, and then jumped up and found an open receiver when the Pittsburgh defense seemed to assume for a moment that the play was over.

The Broncos’ offense sputtered mightily against a dubious Steelers’ defense, effectively generating just 13 points, even though Denver had great field position all day. (Three “drives” started deep in Pittsburgh territory, and yielded nine points, no thanks to the offense, which made one collective first down on those three positions).

On the other hand:

(1) The Bronco receivers had a half-dozen flat-out drops. Manning didn’t look good by any means, but his teammates made him look worse than he actually was.

(2) While saying that Brock Osweiler is at this point a physically superior quarterback to Manning is like saying that Barack Obama is better at electoral politics than Jeb Bush, it’s far from clear that the right call is to yank Manning for a guy who, although he has played fairly well in his grand total of six career starts, is a guy with six career starts heading into the AFC championship game.

If you could graft Manning’s head onto Osweiler’s body you would have a superstar quarterback. That option isn’t available. So do you go with an all-time great who may or may not have a bullet or two left in the chamber? (Manning took a couple of ferocious hits yesterday, after missing almost all of the previous two months of action, so who knows what sort of shape he’s in now). Or do you roll the dice with the promising kid who has never been in anything like this situation before?

I think it ought to be a really tough call, but unless you’re a Bill Belichick type, which is to say a coach with a genuine DGAF attitude, you’re going to go with what feels like the safer option, and that’s Manning. Of course if the Broncos’ offense looks as bad against NE as it did yesterday they’ll probably be down 13-3 or something at halftime, and then Kubiak may re-evaluate.

Go ask Alice

[ 61 ] January 18, 2016 |

rabbit hole

Among other things, the Gideon Lewis-Kraus piece about Alice Goffman and On the Run investigated Goffman’s extremely implausible multi-part claim that:

(a) She was told, apparently on more than on occasion, by Philadelphia police that it is their routine practice, when they come to hospitals in Black neighborhoods for other reasons, to access visitor and patient lists at hospitals so as to run warrant checks on the names on those lists for the purposes of making arrests to meet purported informal arrest quotas; and

(b) She herself witnessed an example of this routine practice when she was visiting Alex, one of the main characters in On the Run, in the maternity ward after the birth of his girlfriend’s baby.

Here is the relevant quote from OTR regarding the latter supposed incident:

I got there a few hours after the baby was born, in time to see two police officers come into Donna’s room to place Alex in handcuffs . . . . The officers told me they had come to the hospital with a shooting victim who was in custody, and as was their custom, they ran the names of the men on the visitors’ list. Alex came up as having a warrant out for a parole violation, so they arrested him along with two other men on the delivery room floor.

This incident has three possible explanations:

(1) It happened, and the officers to whom Goffman spoke told her the truth about what was happening.

(2) It happened, and the officers to whom Goffman spoke lied to her about “their custom” of routinely running warrant checks on visitor and patient lists when they come to hospitals on other police business.

(3) Goffman fabricated the incident, in order to create a memorable vignette to illustrate the veracity of the claim that Philadelphia police routinely run warrant checks on hospital visitor and patient lists “in Black neighborhoods,” [as a LGM commenter points out, are we supposed to believe that the police told Goffman that their inquiries of this type were limited to Black neighborhoods?] so as to help them fulfill informal arrest quotas. (Whether this supposed claim was actually made to her by police, or by residents of Sixth Street, or was invented by her altogether is yet another question, but this rabbit hole is deep enough as it is).

After investigating the matter, by talking to Philadelphia police, criminal defense attorneys, and administrators at all the Philadelphia hospitals with maternity wards, I concluded that the third explanation is overwhelmingly more probable than either of the others. I came to the same conclusion about six other incidents in On the Run. (I did not investigate numerous other improbable incidents in the book).

Here are the fruits of Lewis-Kraus’s investigation of the matter:

When it comes to Goffman’s assertion that officers run IDs in maternity wards to arrest wanted fathers, another short Internet search produces corroborating examples in Dallas, New Orleans and Brockton, Mass.

[Emphasis added]

GLK’s short internet searches lead him to the following conclusion regarding the maternity ward story in particular, and On the Run in general:

“The most interesting question might not be whether Goffman was telling the truth but why she has continued to let people believe that she might not be.”

Steve Lubet has looked into this further:

Lewis-Kraus evidently found no “corroborating examples” in Philadelphia. Also, the on-line edition of his story (which has been posted since last Tuesday) did not include links to the articles he turned up in his “short Internet search,” thus making it difficult to corroborate the alleged corroboration.

I therefore replicated what I assumed to be Lewis-Kraus’s search parameter, and I found three stories from Dallas, New Orleans, and Brockton. Although all three were about arrests in maternity wards, none of them – repeat, none of them – involved “running IDs” in a manner similar to Goffman’s claim. (To make sure that I had the right stories, I asked a reference librarian at Northwestern to repeat the search for the three cities, and to make it as extensive as possible; he found only the same three incidents.)

Two of the cases – in Dallas and New Orleans – involved teenaged new mothers who had been statutorily raped. They had given the names of the fathers to the authorities, who then arrested the older men when they came to visit. (In the New Orleans case, the man was 40 and the juvenile 16.) There was no “running of IDs.” The Brockton case was part of a long-planned, one-day, 23-defendant drug sweep, coordinated by the FBI, the Massachusetts State Police and the Plymouth County district attorney. It likewise had nothing to do with routinely running IDs based on visitor or patient lists.

These three stories simply cannot be read as “corroborating examples” for Goffman’s claim of routine warrant checks in hospitals. If anything, they demonstrate the opposite – that maternity ward arrests are so infrequent that they make the news. In fact, the New Orleans arrest was considered so unusual that it was even reported in New York. If there had ever been a similar incident in Philadelphia – much less three such arrests in one night, as Goffman claims to have observed – why couldn’t Lewis-Kraus find a record of it in the Philadelphia press?

Goffman’s remaining defenders like to emphasize that the Philadelphia police department has a history of atrocious behavior toward the city’s poor African-American residents — the infamous MOVE bombing being the most horrifying example — and that therefore one shouldn’t doubt stories about police misconduct toward poor black Philadelphians (unless, apparently, the stories are supposedly related by the police themselves, as in Goffman’s maternity ward story).

But precisely because of that history, there is a vigorous watchdog movement in Philadelphia, in regard to police-community relations. Along with all the other reasons to doubt Goffman’s story, it is completely incredible that, if incidents of this sort were routine, they would remain unreported in the Philadelphia media. By contrast, if Goffman’s vignette represented an extremely rare or unique incident (i.e., if the police lied to her about their customary practices), how probable is it that this incident happened to one of the central figures in Goffman’s ethnographic study, and happened to him while she just happened to be at the hospital to witness it first-hand?

But beyond all this, surely Lewis-Kraus asked Goffman where and when this supposed incident took place. Even if only a small piece of the story turned out to be true — for example that someone Goffman knew from Sixth Street was actually arrested in a maternity ward, even if all the stuff about random visitor and patient list checks, and her presence on the scene was made up — why didn’t Goffman provide GLK with a few crumbs of information that, given the tone of the rest of his story, would have been treated by both him and by many of his readers as a triumphant vindication of her veracity? Are we supposed to believe that, with her scholarly reputation now in tatters, her fanatical devotion to the formal strictures of her IBR agreement kept her from doing so, even though Lewis-Kraus himself is well aware of who the main characters in On the Run are in so-called real life? (As indeed numerous other people are as well, since Goffman’s attempts to disguise their identities were cursory and/or inept).

In short, Goffman’s maternity ward story is obviously made up, at least in part, and probably altogether. Any even mildly skeptical reader of On the Run will reach the same conclusion about several other stories in the book. But if there’s one thing the Goffman affair suggests, it’s that, in regard to this book, mildly skeptical readers are apparently in short supply, at least at certain prestigious academic institutions, and in the editorial offices of the New York Times.

Increasing mortality rates and whiteness as a marked category

[ 85 ] January 17, 2016 |


Gina Kolata and Sarah Cohen have written up a massive study of 60 million American deaths over the last 25 years. Their findings are even more striking than those announced in the startling Case and Deaton paper a few months ago, which found mortality rates rising about middle-aged whites:

While the death rate among young whites rose for every age group over the five years before 2014, it rose faster by any measure for the less educated, by 23 percent for those without a high school education, compared with only 4 percent for those with a college degree or more.

The drug overdose numbers were stark. In 2014, the overdose death rate for whites ages 25 to 34 was five times its level in 1999, and the rate for 35- to 44-year-old whites tripled during that period. The numbers cover both illegal and prescription drugs.

“That is startling,” said Dr. Wilson Compton, the deputy director of the National Institute on Drug Abuse. “Those are tremendous increases.”

Rising rates of overdose deaths and suicide appear to have erased the benefits from advances in medical treatment for most age groups of whites. Death rates for drug overdoses and suicides “are running counter to those of chronic diseases,” like heart disease, said Ian Rockett, an epidemiologist at West Virginia University.

In fact, graphs of the drug overdose deaths look like those of deaths from a new infectious disease, said Jonathan Skinner, a Dartmouth economist. “It is like an infection model, diffusing out and catching more and more people,” he said.

Yet overdose deaths for young adult blacks have edged up only slightly. Over all, the death rate for blacks has been steadily falling, largely driven by a decline in deaths from AIDS. The result is that a once yawning gap between death rates for blacks and whites has shrunk by two-thirds.

A few notes:

*Both the Case and Deaton paper and this new analysis are examples of how whiteness in America is increasingly becoming what sociologists call a “marked category” — that is, a phenomenon or group that stands out in its difference from what is assumed to be the normal, the ordinary, and the therefore largely invisible. In other words, until fairly recently the issue of “white drug abuse” would have been much more difficult to notice or even conceptualize, since drug abuse would be framed as either a society-wide problem, and/or a problem for various others, i.e., racial minorities, the poor, counter-culture types etc.

*We can only hope that the striking spike in drug overdose deaths about young and middle-aged whites (it’s unclear whether the Times article is including alcohol overdoses in its numbers) doesn’t lead to yet another wave of counter-productive drug war initiatives. Increasing substance abuse is usually a symptom of deeper social problems more than it is a cause of those problems — although of course as its prevalence increases, it ends up being the latter thing as well.

*It’s quite possible that one explanation for the spike in white overdose rates is, as the story notes, the reluctance of doctors to prescribe painkillers to minority patients, for reasons that are all too easy to guess. “‘Racial stereotypes are protecting these [minority] patients from the addiction epidemic,’” said Dr. Kolodny, a senior scientist at the Heller School for Social Policy and Management at Brandeis University.” Whether the benefits of that sort of “protection” outweigh the medical and social costs produced by racial discrimination in the prescription of painkillers is another question.

Are you eager to be employed at a job that requires 1000 hours of work for zero pay?

[ 31 ] January 15, 2016 |


If so, here are a couple of great opportunities:

Communications Internships

The Association of American Law Schools (AALS), a 501(c)(3) higher education association, represents 179 American law schools and is located in downtown Washington, D.C. Its communications department is seeking interns to support the communications and media outreach program.

The communications interns will work 15-20 hours per week during the school year and full-time during the summer at our Dupont Circle headquarters office. These are unpaid internships.

Desirable skills are: strong writing ability, knowledge of media and event planning, computer skills, and general web skills. Commitment to meeting deadlines is essential.

Tasks include: developing content for new website, for example, researching and summarizing news stories about legal education, contacting members for website content; alpha testing the new website; assisting with social media content and strategy; media and experts database development; press relations; and assisting with strategic communications planning including drafting Powerpoint presentations for association’s board.

Please send resume and cover letter via email to:

James Grief
Director of Communications

Law Student Internships

The Association of American Law Schools (AALS), a 501(c)(3) higher education association, represents 179 American law schools and is located in downtown Washington, D.C. AALS is seeking law student interns to work on research and writing projects related to our mission of improving legal education. Candidates must be current J.D. students. These are unpaid internships.

The law student interns will work 15-20 hours per week during the school year and full-time during the summer at our Dupont Circle headquarters office, and will work directly with Professor Judith Areen, Executive Director, and Professor Regina Burch, Associate Director. Interns will have the opportunity to interact with other law school professors and deans through their work with AALS committees and the AALS leadership team, as well as to participate in AALS sponsored meetings and conferences. Interns will be encouraged to present innovative approaches to the projects introduced by our staff and to general issues facing legal education today.

Specifically, interns will assist committees of law professors through legal research and writing on topics related to legal education, for example, the value of a U.S. legal education; and will research AALS workshop topics such as financial aid for law students, creating bibliographies and summarizing the law and policy considerations related to the topic. Also, interns will assist with developing white papers, other website content, and materials for AALS programs, for example, by researching and documenting innovative curricular programs in legal education and the American Bar Association standards related to those programs.

Interns must be available to work during regular business hours, Monday through Friday, 9-5:30, though specific schedules (days of the week and time of the day) within these hours are flexible.

Interested students should send their resume and cover letter to for consideration. Please include your schedule of availability!

17.5 hours per week during a 30-week school year, and 40 hours per week during a 12-week summer adds up to just over one thousand hours of labor, with a generous European-socialism-style ten weeks of unpaid vacation, to go along with the unpaid but non-vacation part of the year.

The AALS had just under $5.8 million in revenue last year, almost all of it coming in form of membership dues from law schools, which themselves are largely comprised of student tuition. So the lucky winners of the competition for these positions will not merely be working for free: they’ll have already paid their employer for the privilege of doing so.

Law prof Susan Westerberg Prager, the executive director of the organization during the previous five years, did not volunteer her time: she was paid $459,221 by the organization in FY2013, $465,242 in FY2012, and $468,676 in FY2011.

Maybe she quit because they kept cutting her salary.

The justification for these sorts of unpaid jobs is that “internships” provide invaluable experience and a foot in the door to rich kids being supported by their families hard-working young people who can look past quotidian considerations like acquiring food and shelter while living in one of the most expensive cities in America.

Also, the beauty of being a “non-profit” organization like the AALS (and all the law schools who belong to it) is that even the extremely weak limitations on exploiting intern labor that apply to for-profit enterprises pretty much don’t apply to you.


The rebirth of birtherism, schadenfreude edition

[ 287 ] January 15, 2016 |

birther certificate

Starting in 2008, and for several years afterwards, various RWNJs pursued legal actions claiming that Barack Obama wasn’t constitutionally eligible to be president, because he wasn’t a “natural born Citizen,” within the meaning of Article II, Section 1, Clause 5, which lays out the requirements for presidential eligibility. Obama, various people argued, was born in Kenya, and therefore didn’t meet this test.

These claims were obviously the products of political paranoia of the first order, but now they are having a curious ripple effect on the 2016 presidential race. The whole preposterous “birther” controversy is back, but now it’s reappearing in a new non-crazy, legally respectable form.

Despite what you may have read about the matter, it’s far from clear that Ted Cruz is actually constitutionally eligible to be president. To put it in legal terms, the argument that Cruz isn’t eligible is nowhere close to a frivolous claim, in the sense of the kind of argument that almost all lawyers, and more important, judges, would immediately dismiss as false (and which can get a lawyer who makes such an argument sanctioned, as Orly Taitz was by a federal court for pursuing her wacky crusade against Obama).

What counts as a frivolous legal argument can’t be given a useful ex ante formal definition. It’s very much a I know it when I see it concept, but that doesn’t mean it isn’t real, sociologically speaking. For example, the claim that a candidate isn’t a natural born citizen because he was born via cesarean section would be recognized by the relevant interpretive community as a frivolous legal claim, at a conceptual level.

The claim that Obama isn’t eligible to be president is frivolous not for conceptual reasons — he in fact wouldn’t have been eligible to be president if he had been born in Kenya, because the precise circumstances of his birth would have required him to be naturalized at some point in order to become a U.S. citizen, given the federal naturalization statute in force at the time — but because it’s factually frivolous. That is, the relevant interpretive community recognizes the factual claim that he was born in Kenya as being frivolous on its face.

The claim that Ted Cruz isn’t a natural born citizen within the meaning of Article II is quite different. Ted Cruz was born in Canada. In order for him to be eligible to be president, the phrase “natural born Citizen” in the Constitution must mean something other than “native-born.” Does it? This is far from clear.

The argument that natural born Citizen means someone who doesn’t have to be naturalized, as opposed to someone who was born in the U.S. (and possibly its territories) hinges on a eminently controvertible set of claims about constitutional meaning. The argument is essentially this:

The framers intended natural born Citizen to mean what British law defined as someone who didn’t need to be naturalized, as of 1787, and British law at the time made British subjects out of children born of British parents on foreign soil.

The problem with this argument is that there’s not much evidence for it. There isn’t a word in the debates of the constitutional convention, or the subsequent state ratification proceedings, regarding what the phrase “natural born Citizen” is supposed to mean. The claim that the Framers were adopting British naturalization law is problematic for several reasons. First, the common law of England on this matter did not consider people born of English parents on foreign soil to be English subjects from birth. As of 1787, this long-standing status quo had been altered by recently enacted acts of Parliament.

The claim that the framers intended the meaning of natural born Citizen to be determined by the fairly new status of foreign-born naturalized at birth English subjects, rather than by the older and much more longstanding common law definition, is basically supposition. The evidence for the claim — since again there is none in the constitutional debates — is that when Congress enacted the first naturalization statute in 1790, it essentially adopted the new English model, and that this act indicates that the framers intended to adopt the same meaning in Article II.

That is, historically speaking, a pretty thin argument. Congress, constitutionally speaking, doesn’t have the power to modify the meaning of the Article II requirements, and one could readily argue that the 1790 statute was adopted to create more generous terms of naturalization than reflected in the apparent plain meaning of the language of Article II. In regard to that plain meaning, even as late as the the latter part of the 19th century, the Supreme Court was treating the phrases “native-born” and “natural-born” as synonymous, and indeed even today it requires a quite technical legal argument to explain to laypeople why “native-born” and “natural-born” aren’t necessarily the same thing.

Anyway, the argument that natural born Citizen means someone who doesn’t need to be naturalized, per whatever rules Congress has put in force via its Article I powers to determine citizenship at birth, at the time the person in question is born, is just that: a controversial legal argument. It has never been addressed, let alone resolved, by the Supreme Court or even, as far as I’m aware, any lower federal court. The contrary claim is at a minimum far from a frivolous legal argument, and claims that the matter is “settled,” legally speaking, are wrong.

Now what I find particularly interesting about all this is why various legal interpreters who are in no way sympathetic to Ted Cruz’s candidacy have been so eager to claim that the question of his constitutional eligibility isn’t a matter of potentially serious dispute. My guess is that such arguments have a couple of inter-connected motivations:

(1) These interpreters consider the natural born Citizen clause an anachronistic embarrassment, as indeed it is. They understandably want to interpret the meaning of “natural-born” in the broadest way possible, consistent with any plausible historical argument.

(2) Liberal constitutional law scholars are especially eager to do so because, in the context of the Cruz candidacy, such an argument demonstrates their non-partisan loyalty to “objective” constitutional interpretation, rather than results-driven advocacy.

In case anyone cares, when it comes to matters of constitutional metaphysics I’m pretty much an atheist, so the question of what the clause “really” means is not one I consider meaningful. But if I had to predict what would happen in the context of a lawsuit challenging Cruz’s eligibility, I would expect that federal courts, including the SCOTUS, would end up invoking some variation of the political question doctrine, leaving it to Congress to decide what natural born Citizen means for the purposes of legally finalizing Cruz’s ascension to the POTUS, via its certification of the Electoral College’s vote.

Of course the practical politics of this brewing controversy are a completely different matter from the technical legalities. That Cruz has to make what is actually a quite convoluted legal argument to explain why he’s more eligible for the presidency than Wayne Gretzky, Neil Young, and Celine Dion is, under the social circumstances that gave birth to birtherism, a particularly delicious irony, which every right-minded person should savor while it lasts.

RIP Alan Rickman

[ 65 ] January 14, 2016 |


It hasn’t been a good week for 69-year-old English entertainers.

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