Uncategorized



Years since Martin Luther King’s assassination: 40
Days since Barack Obama’s speech on race in America: 17

The Wall Street Journal ran an editorial column this morning by Juan Williams (of NPR News fame). Mr. Williams argues that Senator Obama has broken with Dr. King’s spirit and message:

“So far, Mr. Obama has been content to let black people have their vision of him while white people hold to a separate, segregated reality. . . . [I]t is a key break from the King tradition to sell different messages to different audiences based on race, and to fail to challenge racial divisions in the nation.”

–Juan Williams, “Obama and King,” The Wall Street Journal, April 4, 2008, A13.

Mr. Williams’s essential point is that Sen. Obama has sold his campaign to blacks as “the fruit of the struggles of King and others,” but when he talks to whites, “race is coincidental, not central, to his political identity.” Dr. King, by contrast, “spoke about black people as American patriots who believed in the democratic ideals of the country, in nonviolence and the Judeo-Christian ethic . . . . [and he] challenged white America to do the same, to live up to their ideals and create racial unity.”

Mr. Williams does grudgingly admit, however, that Sen. Obama “is a politician and, unlike King, his goal is winning votes, not changing hearts.” And sure, that fact certainly accounts for some differences in approach. But overall, I think the truth of Sen. Obama’s political image is more nuanced than Mr. Williams asserts. Sen. Obama’s campaign is a triumph in our country’s racial history, precisely because so many voters are able to see Sen. Obama’s racial heritage as incidental to his politics. While I am not African-American, I venture to guess that the very universality of Sen. Obama’s appeal is precisely what thrills individuals of that heritage — because it is an unmistakeable indication that racism is no longer a controlling factor in the minds of the country’s voters (well, at least not a majority of them).

I couldn’t agree more that America needs a transcending of racial divides — that is, a rising above. I just don’t think Sen. Obama is doing such a bad job of that as Mr. Williams claims.


The main paper back home, Raleigh’s News and Observer, usually includes a sports column penned by Caulton Tudor. Because he’s not biased towards UNC, it is difficult for me to entirely appreciate Tudor’s columns.

Tudor’s presence on the sports page is as the sort-of wise man of the block; reading him is like reading George Will. This is fine when he’s writing positively about the heels, but is incomprehensible when otherwise…why would the wise man give grief to Carolina?

In any event, after talking about the interestingness of Roy Williams facing off against Kansas this weekend, he ends the column with the claim, I think, that Davidson’s go in the tourney was the premier story this year. I don’t follow.

The real story of the 2008 NCAA Tournament ended Sunday when the Jayhawks defeated Davidson, allowing all four regional No. 1 seeds to reach a Final Four for the first time.

Williams, Self, Memphis coach John Calipari and UCLA’s Ben Howland for the next few days will extensively address the merits of their teams. But regardless of which school is still standing next Monday, the biggest winner of this tournament will be the little team from the Charlotte suburbs.

Maybe I missed something; if not, this is the kind of skipping stone logic that wise elder columnists like Tudor, and Will, are prone to employ I suppose…leaving us mortals scratching the head.

It is too bad the Sophists are not around these days to offer insights into persuasive public speaking. One wonders if HBOified John Adams will fling his main man Cicero, with all his thoughts on rhetoric, into the public imagination. Some sorting out of rhetoric is in order this campaign season.

To be sure, some variations of talk versus action, youth versus experience, idealism versus realism, and so and so have been the contests of, well, maybe most political contests. But the attention to speech making—to Barack Obama’s speechmaking, by Hillary Clinton’s campaign—is a unique centerpiece this time around.

From the bits and pieces of talking points I hear, Obama’s opponents believe he is particularly gifted in the fifth of the old canons in rhetoric, actio; this being the final delivery of a speech. Without pulling up quotes, let’s just take agreed notice that we’ve plenty heard the dismissive: “he gives a good speech.” The criticism doesn’t really matter much unless you presume that abilities come at the detriment of other abilities. Such a presumption could mean Obama fails in other aspects of rhetoric, namely the inventio of a speech—coming up with an idea. Maybe the “he gives a good speech” criticism is meant to say Obama has no substance, no ideas, in those good speeches.

The other side to the criticisim is that, while Obama pulls off great speeches, a President is not the speechmaker in chief, but many more important things, like being the most experienced in chief. Such is the message conveyed in this, from Clinton’s speeches:

It’s time we move from good words to good works, from sound bites to sound solutions … We need to make a choice between speeches and solutions.


Amazing that a pitch against sound bites uses a triple play of political punnery to create a sound bite.

The reason this line is not working against Obama is at least two-fold.

First, there is no good argument being presented that Obama is unable to attain “solutions,” which I take to mean initiatives within Executive Branch agencies, Congressional votes for Democratic policy, retaining allies, and promoting U.S. interests abroad like not letting crazy states or organizations do US citizens real harm.

Simply saying Obama is unable to do these things doesn’t do the trick—the lack of a compelling argument as to why he can’t explains how a people to preoccupied with experience when voting up John Kerry over more charismatic speakers four years ago seem happy with Obama.

The reason Obama’s speeches are compelling to people does not rest on his eloquent delivery nor the starry eyes of his supporters. The fact is, as is the case with a lot of speeches that achieve delighted receptions, people like what the speaker says. Obama stuffs substance into his speeches that suggests a respect for the intelligence of his audience. The success of his speech on race at the Constitution Center in Philadelphia did not derive from a smooth presentation, but from the fact that he was intellectually candid. Refreshing, indeed, to hear a pivot from talking points.

Delivery does count for something as well—Obama’s delivery also achieves the sense of treating the audience as thinking beings that don’t go to bed each night repeating talking points to themselves. That, I increasingly think, is the real reason his speeches help him, and why attacking them hurts his opponents. People appreciate Obama precisely because they feel they are not pawns falling for one-liners.

So, fashioning one-liners to attack Obama’s candidacy is not the best solution to a second-place campaign.

Seems to me that Frank Rich best describes why Obama stands a better chance than Clinton against McCain…not on policy, but on the other major issue on electioneering: appearance/persona/presence/whatever.

For a moment last night, I wondered if there is (or a popular perception of) such thing as a sentiment in the northeast towards the thing that words of various motivation imply: establishment, elite, old money, snobbery, trusted, tested, old, known, institutionalized.

Top of the head, I can only remember defending Kerry against the “liberal snob” line; but it seems some of this was attached to his being a northeasterner.

Last night, I must have seen the New York and Jersey returns while also hearing some interviewee talking about Obama being a newcomer, and feeling more comfortable with Clinton. Indulging some stereotypography, I thought only predisposed snobbery can really trigger that approach. (After getting through that, though, I wondered if the GOP would (why wonder…yes) tag Clinton as a northeast snob, or whatever the thing is that is the object of the above words. And, further, would the Democrats again stick their collective heads up their butt? Whatever the thing is with this whole liberal/northeast elitism tag, I do know it is a favorite of the GOP in election season. And it is something Dems continually forget to ponder when contemplating electability. Kerry and Dukakis ought serve as useful reminders, but ah well.)

My first stab at finding some evidence at the northeastern thing, a Google search for “northeast elite,” brings up a cheerleading squad called the Northeast Elite, regional, state & 32 X National Champions! Second link is to the Northeast Elite wrestling squad. So I really have no idea (1) if there is actually a stereotype on northeastern elitism/establishment/etc; and (2) if there is some historic basis (I imagine that basis would be something along the lines of our country’s first institutions, establishments, and aristocracy were there.

A good conversation starter from Froomkin.

In today’s Globe, Savage writes: “President Bush this week declared that he has the power to bypass four laws, including a prohibition against using federal funds to establish permanent US military bases in Iraq, that Congress passed as part of a new defense bill.

“Bush made the assertion in a signing statement that he issued late Monday after signing the National Defense Authorization Act for 2008. In the signing statement, Bush asserted that four sections of the bill unconstitutionally infringe on his powers, and so the executive branch is not bound to obey them.”

Nutritious

I got to thinking today about nutrition. I reckon that nutrition, as I am thinking of it, is the process of putting things into our bellies—and thus permeating our cells, organs, and inside-eco-systems—with stuff from outside. Along with the (what I am positive will forever remain correct) advice to eat a lot of different colors as much as possible, I figured that our analysis of eating is destined to be based upon a balance (like colors) of four varyingly important themes: our humanity, our gender, our great grandparents, and our selves.

I have two unoriginal hunches that, together, might could be a book that I’m not going to write (feel free to mention me in the dedication, budding nutrition PhD): one, we need to pay attention to individual genetics, and development, when considering dietary needs; two, those elements (genes and individual) need to be considered fairly equally with the more universal elements of species and gender.

There are things we should or should not eat, and ways we should prepare or not prepare those things. Maybe eat raw shark, maybe eat cooked shark. Maybe eat shark that has been buried for a year to rot beneath sand.

I got to thinking that we probably have positive or negative reactions to foods based on what we’re used to eating and what our family tree was used to eating. Clearly our human species has some preferred intake to providing energy and functionality. Our gender-based hormones have their own martian and venetian desires.

In my armchair nutritionist world, though, I have heard less about my body’s reaction to sushi based on my English/Scotch/Irish heritage. I have heard similarly little about that reaction based upon my eager consumption over the past 10 years of deliciously red tuna and steak…in other words, have I gotten my body adjusted to raw meat?

My little brother went to Russia once and had no beef for a summer. A burger would have made him ralph had he welcomed himself back with angus. Our individual habits and actions inform our appetites…Discovery Network teaches me this with the lizard penis eating, get over it it’s just your mind telling you it’s gross, travel to a new culture, shows. Beyond psychology, my brother’s post-Russia tummy cautions confirm something more gastronomical to our individual situations. Where we are, and who we are, means something when we bite.

My family has long enjoyed slow smoked pig. We’re from eastern North Carolina, and southern Virginia. My early American kin ate pigs, usually preserved to last a good spell. I bet that my genes somehow anticipate that pork, and use it to their advantage. I have absolutely no evidence or scientific reason for so betting…but it just makes sense.

Anyway—the family (and I mean deep-down, ancestor layers that give our genes meaning), and our personal places and times probably go a long way in telling our bodies how to react to what we eat. I am thinking, though, that those factors, along with our human and gender needs, have different weights in each person.

Like, my body might react especially to the groove I’ve been in lately. My friend’s body might be more geared to long-term genetic needs. Thus, a diet based on Paleolithic Man might be good for so and so with a nutritious system that reacts to those two factors (ancestry and gender). My hunch, though, is that we can never really be sure which of those four general factors (species, gender, ancestry/genetics, and individual) are most relevant to our bodies at a given time. Perhaps my individual body-eco-system can overcome its anglo-saxon genetic disposition and adapt well to a sushi-heavy intake. Further, perhaps that adaption is because of changes that occur in my body during my life, or perhaps it is because of a larger , human species reaction to sushi. I don’t know. The hunch is simply that these different factors all have some say toward whether our cells smile or frown when they meet the newcomers we bring to the party.

Side Note to our Polygyny Debate:

The Economist has an article this week about the inter-relation between lifespan and monogamy. Apparently there is new scientific research to suggest that male members of monogamous species outlive their male counterparts from polygynous species. Adds an interesting dimension to our earlier debate about the causes behind human societies’ universal condemnation of polygamy! Here are excerpts:

In the cause of equal rights, feminists have had much to complain about. But one striking piece of inequality has been conveniently overlooked: lifespan. In this area, women have the upper hand. All round the world, they live longer than men. Why they should do so is not immediately obvious. But the same is true in many other species. From lions to antelope and from sea lions to deer, males, for some reason, simply can’t go the distance.

One theory is that males must compete for female attention. That means evolution is busy selecting for antlers, aggression and alloy wheels in males, at the expense of longevity. Females are not subject to such pressures. If this theory is correct, the effect will be especially noticeable in those species where males compete for the attention of lots of females. Conversely, it will be reduced or absent where they do not.

To test that idea, Tim Clutton-Brock of Cambridge University and Kavita Isvaran of the Indian Institute of Science in Bengalooru decided to compare monogamous and polygynous species (in the latter, a male monopolises a number of females).

In 16 of the 19 polygynous species in their sample, males of all ages were much more likely to die during any given period than were females. Furthermore, the older they got, the bigger the mortality gap became. In other words, they aged faster. Males from monogamous species did not show these patterns.

Most students of ageing agree that an animal’s maximum lifespan is set by how long it can reasonably expect to escape predation, disease, accident and damaging aggression by others of its kind. If it will be killed quickly anyway, there is not much reason for evolution to divert scarce resources into keeping the machine in tip-top condition. Those resources should, instead, be devoted to reproduction. And the more threatening the outside world is, the shorter the maximum lifespan should be.

There is no reason why that logic should not work between the sexes as well as between species. And this is what Dr Clutton-Brock and Dr Isvaran seem to have found. The test is to identify a species that has made its environment so safe that most of its members die of old age, and see if the difference continues to exist. Fortunately, there is such a species: man.

Dr Clutton-Brock reckons that the sex difference in both human rates of ageing and in the usual age of death is an indicator that polygyny was the rule in humanity’s evolutionary past—as it still is, in some places. That may not please some feminists, but it could be the price women have paid for outliving their menfolk.

–excerpted from “Live fast, love hard, die young,” The Economist, Oct 18th 2007 ed.

More J. RBG Bits from 10/19/07

-On whether the government should regulate speech: The best way to fight hate speech is with good speech — not with repressing freedom of expression.

-On squabbles between the Court and Congress: We shouldn’t worry about them too much — they are ultimately healthy, and they are as old as the Republic! The venerable case of Marbury v. Madison is a perfect example: it was argued in 1801 but wasn’t decided until 1803. Why? Because Congress was angry at the Court and would not appropriate enough money to allow the Court to sit in the year 1802. The two branches have been at loggerheads since the very beginning.

-On Minnesota v. White, a case invalidating limits on the content of speech by judicial candidates in a contested election, which drew a strong Ginsburg dissent: RBG called this a “Gertrude Stein” case. G. Stein famously said, “A rose is a rose is a rose.” RBG thinks the majority in White believed an election is an election is an election, and that’s just not the case. Judicial elections are a special animal and the state legislature has a right to treat them that way. The Justice noted, however, that although she thinks White is “quite wrong,” it is also quite narrow if read properly. In short, she said, “It is a wrong decision but it can be contained.”

Lily’s overall impressions of Justice Ginsburg (or her public persona, anyway): She has a reputation for being austere and/or severe, but I think that is just an overblown reaction to her natural reserve. She was serene, unhurried, and seemed unflappable. She was above all dignified. When someone asked her a question, she generally let the silence stretch for several seconds before answering; but then she would come out with an articulate, well-organized, and complex response. It was this practice, as much as anything, that I found personally educational — so often I find myself replying immediately to a question with a torrent of disorganized thoughts! I would like to be less eager to please in my responses, and better organized. For this concept alone, the conference was worth attending.

“Bush v. Gore Was In A Class Of One” – An Evening with Justice Ginsburg

This evening I had the opportunity to attend a dinner reception featuring Justice Ruth Bader Ginsburg. During the course of a conversation moderated by Professor Suzanne Reynolds from Wake Forest Law School — which included time for Q&A with the audience — the Justice spoke with remarkable frankness about her life at the Court. Here are some of her most interesting points:

– On the shrinking docket of the Supreme Court (i.e. the Court is consenting to hear fewer and fewer cases each year): This is a good development. Having extra time to hone the opinions gives the Justices more time to achieve consensus on the cases they do hear. We can notice that the Court is not issuing the same number of confusingly split opinions that they once were, because they are taking more time to craft compromise language that enables everyone to get on board. The end result is less dissenting and concurring, and fewer instances where justices will write things like, I agree with Parts 1, 5, and 6 of the majority opinion but write separately to dissent as to part 2 and concur as to part 4.

– On the Supreme Court’s cert pool (i.e. why they choose to hear the cases they do): The Supreme Court has made a decision that it is not an error correction court. There are plenty of lower courts doing a fine job taking care of the everyday administration of justice in this country, and we do not need yet another layer of correction. Instead, the Court has chosen to prioritize conflict resolution. The justices think it is important to have the law be uniform across the country. So they are looking to grant certiorari on cases where the federal circuit courts have split with each other or split with the state courts.

– On Bush v. Gore and the politicizing of the Court: Bush v. Gore was completely unique – in a class of one, as she put it. It was an exercise in endurance because of its short time frame – cert was granted one day, briefs were due the next day, the following day was oral arguments, and the decision came out the day after that. It is a telling fact that, in the years since BvG, the Court has never once cited it. It is essentially limited to that particular situation and those particular facts. She thinks the Justices will not allow politics to be the basis of their decisions under normal circumstances. BvG was a special case. (Is this a tacit admission that it WAS a politically motivated decision? Lily couldn’t tell!)

– On Hillary Clinton being the first woman to mount a serious campaign for President: “Brava!”

– On Justice Scalia: He is one of her closest friends on the Court. The Ginsburg and Scalia families have a tradition of spending New Years together. The two Justices share a love of opera. She described J. Scalia as a “wonderful raconteur of stories and a great teller of jokes.”

–When asked what is the single biggest threat to the Rule of Law in our country, Justice Ginsburg replied immediately that it is fear — fear engendered by terrorism and the tragedies of 9/11. She said that if we allow this fear to condone unwarranted intrusions on civil liberties and (as she put it) “encourage the government to spy on us,” we will fundamentally change who we are as Americans and our enemies will have completely triumphed.

I am scheduled to attend a CLE featuring Justice RBG tomorrow, along with many female judges and justices from across the country. I’ll attempt to follow up here on OR with more details about what they have to say! Stay tuned!

Next Page »

Follow

Get every new post delivered to your Inbox.

Join 41 other followers