Showing posts with label desegregation. Show all posts
Showing posts with label desegregation. Show all posts

Thursday, September 22, 2011

Post No. 176: A Peek into the Affirmative Action Trial of the Century


© 2009 and 2011, the Institute for Applied Common Sense

Today marked the first day of trial in a landmark class action lawsuit in Los Angeles in the United States District Court for the Central District of California.

The plaintiffs, representing all African-American citizens who failed to receive the benefits of affirmative action programs and policies commenced in 1961, allege that the defendants, who were direct beneficiaries of such policies, kept all financial and other benefits, and failed to share them with the African-American population at large.

Federal Judge Lance Ito, having been roundly criticized for allowing the press and media into the courtroom during the O.J. Simpson criminal trial, chose to deny access to all press and media outlets. Last week, the media sought a writ of mandamus to force Judge Ito to permit them into the courtroom. The Ninth Circuit Court of Appeals out of San Francisco summarily denied the petition this past Friday.

However, certain friends of the Institute have acquired information, from sources who wish to remain anonymous, which provides us with some insight into this ground-breaking litigation.

The plaintiffs, led by black descendants of former Senator Strom Thurmond, claim that following the implementation of affirmative action policies, only a small percentage of African-American individuals benefited from set-asides and government contracts, preferential hiring, and admissions to institutions of higher learning.

They further argue that the policies and programs were designed to address centuries of slavery and disparate treatment under Jim Crow laws, and thus were to benefit the African-American community at large and not just certain individuals who fortuitously were in the right place at the right time.

Elliott Spitzer, counsel for the plaintiffs, met with reporters outside of the federal courthouse this morning before testimony began. “We plan to show two things. First, that the beneficiaries of the policies and programs at issue were overwhelmingly individuals who were already doing fairly well in the black community, and were primarily from the black middle and upper classes.

“Second, we plan to show that once these beneficiaries of affirmative action entered the workplace, established their respective businesses, entered Corporate America, or otherwise benefited from these programs, they failed to share the financial and societal benefits with those less educated and less fortunate. The poor state of the black community and the high incidence of poverty and crime are evidence of their failure to pass on the benefits.”

Spitzer called as his first witness (on a hostile basis), former Republican National Committee Chairperson Michael Steele. He traced Steele’s financial history since completing law school, and questioned him intensely about what Steele had given back to the African-American community, both financially and otherwise.

Spitzer elicited testimony from Steele to the effect that when Steele was in college and law school, he and his fellow black students reveled in black pride, and the need to empower the black community. Spitzer was able to show that once Steele graduated from school, he began his rapid ascent professionally, including moving to a predominantly Caucasian suburb, removed from the problems of inner-city blacks.

“Do you feel that you have any responsibility to Dr. King and other civil-rights leaders, to pass on your wealth and good fortune to those in the black community less fortunate, and at a minimum, live amongst poor blacks?”

The question drew long stares from the predominantly Hispanic jury, while they awaited Steele’s response. The Judge adjourned the trial for the day before Steele could answer.

In speaking with Rod Blagojevich, counsel for the defendant beneficiaries of the programs and policies, he noted, “There is no legal basis upon which this suit can be brought. There is no legal requirement that the beneficiaries of affirmative action share their good fortune with other members of the black community, or engage in conduct beneficial to the community.”

Spitzer concedes that there is no legal precedent for his position, but argues that that there is an equitable and moral basis for his clients’ suit. He contends that the legal doctrine of quantum meruit is applicable, in that the defendants have been unjustly enriched.

Spitzer further claims that since Jim Crow was not outlawed until 1962, it is too soon for those fortunate enough to have received the benefits of remedial programs and policies to pursue their selfish desires and needs. He suggests that perhaps 150 years should pass before the beneficiaries are relieved of their ethical and moral responsibilities to the other members of the black population who were not fortunate enough to receive the benefits.

Judge Ito’s prior rulings in unrelated cases may provide some insight as to his leanings. He previously expressed that in his opinion, both Jim Crow laws, which established segregation by law, and the Civil Rights cases and legislation, which established integration by law, were inappropriate exercises of governmental power, despite strained legal arguments to the contrary. His position appears to be that the decision to associate, or not associate with, others should be a personal decision, no matter what the environment, and that enforcing or addressing segregation or integration in any manner should be left to the hearts and minds of individual citizens, and are not the province of governmental entities, no matter the branch.

Furthermore, he contends that governmental interference in any way actually hurts race relations.

The Justice Department, under the Obama Administration, has chosen not to file briefs in support of, or in opposition against either position. According to a Justice spokesperson, the President has not contacted Justice regarding his position. Observers note that during the Presidential campaign then-candidate Obama (as well as the First Lady) were referred to as affirmative-action beneficiaries who lacked the academic skills and sophistication warranting their admission into the high-caliber educational institutions where they matriculated.

The trial is expected to last 2 years, longer than the O.J. Simpson trial over which Judge Ito presided.

Sunday, November 23, 2008

Post No. 68: Prejudice as Survival Instinct

[As many of you are aware, we invite our readers to become Guest Authors and submit articles to us for posting on our blog. The guidelines for the submitted articles are contained in our Post No. 34. (http://theviewfromoutsidemytinywindow.blogspot.com/2008/08/post-no-34-opportunity-to-serve-as.html.) Leading up to the election of Sen. Obama, there was much discussion in our country about the effect of race, and where we as a nation have come in terms of dealing with that issue. The following article has been submitted by one of our regular readers on the subject. Enjoy.]

© 2008, D. W. Haire

Every so often, I am reminded of something my Mother said to me. It was odd because it was "out of the blue," and had nothing to do with anything going on around us, or the conversation we were having. These are her words as well as I can recall them:

"I don't think I'm prejudiced but, if I am walking down the street and a black man approaches, I get very nervous and afraid."

Years later, my Father (a couple of years before he passed away) was relating a story that seemed important to him. We had been talking about various things and he was remembering a period when he was frustrated at work. There was something about a meeting and it may have been when he was leaving the company to start his own business (a small bike shop). The details are unclear, but I remember his words, and the emotion behind them, when he told me what he said to his supervisor.

"I never liked your smiling Jewish face."

My father never uttered a word of prejudice regarding anyone or any group in my presence in all the years prior to that. It was another "out of the blue" remark that sticks in my mind.

The following is not scientific. It does not have extensive research to support it, nor does it provide any references. It is strictly opinion, and my own opinion at that. You can disagree or not, as you see fit.

It will likely remain my opinion regardless of your argument unless you can show me a scientific, well researched, paper that refutes it. Even then, I will be the judge of that proof. This is not something I have just popped up with. It is opinion which is based upon what logic, knowledge, and observations I have gathered over the years. In short, it works for me. Let's start with my hypothesis and work from there.

I believe that hate and fear of others began with early man as a matter of survival. That is, prejudice and bigotry were survival techniques that actually worked to ensure the survival of individuals and of tribes. I am not condoning bigotry or prejudice, but rather I am taking an objective view, and positing a reason for their existence and persistence throughout the history of our species.

Early humans were hunter-gatherers. They banded together initially in family units and quickly into tribes or clans. It was necessary to do this in order to insure survival. It was easier for men to hunt in groups. More berries, grains, and wood (for fuel) can be gathered by a group than an individual. A family might survive on its own, but its chances are increased when it becomes part of a group. So tribes and clans are natural extensions of family and increase the odds of survival.

The first clans, as the name implies, came from family. But inbreeding would quickly destroy the group within a few generations. It is necessary to expand a gene pool. Therein lays the first dilemma - who to bring into the clan and where to find them.

To answer the question of where to find new blood, we turn to the prevailing lifestyle - hunting and gathering. For all practical purposes, men hunted and women (and children, often) gathered. It made sense. It worked. Clans migrated, as would tribes, following the herd animals they hunted. They would have to run into other clans from time to time. These clans were rivals for the food resources; game and vegetation and water. It is likely they would skirmish from time to time. The result would be one clan would be run off or wiped out.

Only they wouldn't be wiped out, would they? The women were likely to be spared because women are a resource. They provide an expanded gene pool that is non-threatening, add to a work force, and provide comfort, pleasure, and children. And they are compliant. They can be tamed (contrary to movie and novels).

Men are not resources, generally speaking. They are competition. They resist domestication. In a primitive society, the basic ingredients of power are strength and boldness. It is, therefore, more likely that women would be saved than men when a clash between clans occurs. It was not uncommon, for thousands of years, for the winning side to murder all the males, including male children, and take the women and female children.

From close breeding and a shallow gene pool, the tribe takes on common characteristics. Also, people really don't follow the "opposites attract" maxim for the most part. They are attracted to those who most look like themselves. Put another way, they are their own standard of beauty. Since the tribe has similar physical characteristics, outsiders would seem to them as "unalike."

It continues to today. I am reminded of an exchange in the O.J. Simpson trial where Judge Ito becomes unhappy when he is likened to a forensic investigator who is Chinese. To Judge Ito, the difference in physical characteristics between Japanese and Chinese was obvious, not so to the prosecutor who made the mistake. Differences may be subtle between Hutu and Tutsi but each is readily capable of recognizing the other.

In order to survive, primitive man needed to quickly determine friend or foe. And the biological answer was the precursor to prejudice. If you look like me and mine, you are my "Friend", if you do not, you are the "Enemy." Bigotry and racism also play a role in that they offer support for the belief of success in battling the enemy. If you perceive those that do not look like you as inferior, weaker, and/or less intelligent, then you feel you have an advantage and are more willing to fight.

I have heard many people express the idea that children are born without prejudice, that they learn this from their parents. I disagree. I think we are all born with it in our genetic makeup. Our parents and our peers simply teach us to articulate it, express it, and, all too often, to embrace it.

The question is, can we overcome this and rid humanity of the effects of prejudice and bigotry? Can we get people to expand their instinctual perception of their "tribe" to include all people of the planet? I think we must. Otherwise, that part of our survival instinct will eventually lead to our extinction. I know that I have learned to suppress my own prejudice, which is all I think is needed. I believe that when we understand why we think a certain way, we can control it.

© 2008, by D.W. Haire

Wednesday, April 30, 2008

Post No. 2: Why Racism, Although Problematic, Serves a Pragmatic and Utilitarian Purpose

© 2008, The Institute for Applied Common Sense

Hold tight, give me a moment while I put on my Kevlar protective vest and body armor. “Racism problematic!,” you say; that’s an understatement. I realize that I’m about to take a journey filled with land mines and sniper fire. As I have often said, sometimes you have to go to a place to appreciate that you don’t want to be there on a regular basis. At least I know that I am going to take some heat on this one. Well, maybe not…

I’ll tell you at this point – my intentions are good. Additionally, it is my hope that by the time that you finish reading this, you will consider at least some of what I have said, and return your weapons to their rightful and appropriate place. I’ll also warn you that this piece should be read while sitting on the toilet seat of your favorite bathroom. It’s a tad labyrinthine in nature. Addressing the entire racial history of humankind requires at least two pages.

You see, I’m 56 years of age, and I’ve never really given much thought to this thing called racism. It is a concept that I recognized from a theoretical perspective, and about which I had read. However, I simply could not imagine spending much of one’s time dwelling on it.

I also was afraid that by visiting the issue, even intellectually, it might have a “bittering” effect. Consequently, I came up with a construct in the 1950’s that worked for me, and I must say reasonably satisfactorily, at least for most of my years.

You will recall the recent furor generated by Rev. Jeremiah Wright’s comments during a sermon. In the context of the Obama campaign, many commentators reminded us that “America has never really dealt with the race issue,” or that we “have never had a conversation about race.”

I beg to differ. We’ve dealt with it in many different ways, and during the course of many conversations. The frustration expressed has really come about as a result of our inability to reach some satisfactory resolution, or at least some consensus about the issue.

I would submit that the reason that America has never really come to grips with the issue is because America has always dealt with it in a manner that results in it becoming an emotional issue at the very beginning of the conversation.

It is difficult to come up with an effective way to address a problem if you just focus on the symptoms, and do not really address the underlying sources. Approaching the subject from a little different perspective might enable us to formulate new solutions.

Quite frankly, although I do not have any empirical evidence to support this, it is my suspicion that we really have not made any progress in racial relations over the past fifty years. By relations, I mean how we feel about other races in our hearts and private thoughts.

That’s what really matters.

America has mucked this whole thing up in about as many ways as possible. There is plenty of resentment and seething anger out there, although it may be “inappropriate” to express or display it.

I actually hold my former secretary, Anne, responsible for setting me up on this racial thing. Virtually everyone who knows me knows that it is not a place that I like to go. (I’ve even been accused of denying that racism exists because of my philosophical attitude.)

Anne sent me an e-mail and inquired as to whether I thought that Obama (who I understand is African-American) was “for real.” She said that she was somewhat intrigued by him, but that she had her reservations, as she did with virtually all politicians. She was interested in my take.

I responded by first noting that at a very early age, I remembered someone saying that the most important thing that an elected leader can do is to convey an attitude or feeling to his or her followers. That person went on to describe the attitude that Franklin Roosevelt and Winston Churchill both displayed during their terms. They had the hearts and minds of their people. Both made their respective nations feel that certain goals were achievable. Some would say that Ronald Reagan, the Great Communicator, did the same thing for most of his years in office, whether you agreed or disagreed with his policies.

I continued by proposing to Anne, on a more personal level, that we might take some cues about this leadership thing from our parents. Fortunately, for most of us, when we were kids, we thought that they were the greatest people on earth. When we became adults, particularly when we had to deal with them during difficult times, we realized that they are just people, ordinary people, with all of the human flaws and problems that we see in others, and in ourselves.

However, during the period of time when their “leadership” was most important, and had its most significant impact, namely our developing, childhood years, they did what they needed to do to provide sufficient guidance for us to become decent, thinking, human beings and hopefully positive contributors to society.

Whatever our personal issues with them may be, that is about the best that you can ask where there is no instructional or operational manual, or even agreement as to what is right or wrong. I suggested to Anne that it’s not dramatically different with the Leader of the Free World. Stay with me, I’ll get back to this racial thing.

One other thing: When one observes celebrities and famous people, one person can say or do certain things, and you have some doubts about their sincerity. You’re just not quite sure whether it is about the celebrity and his or her ego, as opposed to their really being interested in doing things for the benefit of society.

On the other hand, you observe others, who might say or do some of the exact same things, and folks will say that he or she is sincere and really means it. Then again, there are some folks in whom you do not have much faith or confidence initially, and then you have to mature, or you see them mature over time, resulting in you having a different view.

I suggested to Anne that she had to follow her heart; feel it in her gut. I told her that if you think too hard, and look too long, you’re bound to find disappointment and flaws. It’s inevitable. They exist in us all – and we know it.

Actually, I had not paid much attention to Obama until Caroline Kennedy endorsed him. I had not even entertained the theoretical possibility that a black man might become President in America at this point in our country’s evolution. However, Caroline crystallized a nebulous uncertainty in my mind. Those few, carefully delivered words did the trick for me.

Paraphrasing, she essentially said that in her youth, she did not appreciate or comprehend what her Father meant to others. However, listening to the expression of feelings by others who were around when she was a youth, Obama instilled in her the same type of inspiration that those folks claimed her Father did for them. It’s obviously not about experience, is it?

Is he more qualified than any of the other candidates? Hell, I don’t know. I’m not sure, contrary to the case of race, that it really matters. (Parenthetically, I wondered whether a person, contemplating the selection of a spouse, might consider whether various potential “candidates” were more qualified than others, and whether experience would be a prime determinant.) But, then it hit me – the realization that race was not the primary, instinctive, instantaneous factor that I processed upon focusing on him.

Kennedy’s comment suggested that (1) he had the potential to inspire something in us to move beyond our personal crap; (2) this certain amorphous quality was rare; and (3) we really haven’t seen it for far too long a period of time, and yearned for it. It reminded me of Jack Nicholson’s comment to Helen Hunt, “You make me want to be a better person.” It draws or tugs on your whole being. For millions, Obama apparently makes a lot of people want to follow him, regardless of his position on issues, and irrespective of his lack of experience.

I told Anne that it was, quite frankly, transcendental, in nature.

It occurred to me that not knowing, or not paying attention to, Obama’s race, like the position that most of you occupy vis-à-vis me at this point, might be a good thing. But it also got me “athinking.” Are there some “good” things about racism? Well, “good” might be too strong a word. Although the academicians would question the appropriateness of this, I use the words “race” and “racism” interchangeably, since, as a practical matter, if you did not have the latter, the former would be a non-issue. Let’s get back to why racism, although problematic, serves a pragmatic and utilitarian function in all societies, and has done so since the beginning of humankind. Are you still angry with me now?

There is analysis, and then there is drawing a line for one’s self. A few years ago, I met this gal of a different race. A number of her friends had met me and said that I was “acceptable.” She was apprehensive and uncomfortable about meeting me, and had to get drunk and show up at 11:00 pm in order to face me alone. She reiterated that she had been brought up in a home in a working class town, where her Father had clearly expressed his disdain for members of other races.

Her Sister in the Navy had married a man of a different race, and they had an interracial child, who her Father refused to acknowledge or even see. The Father disowned his daughter. My friend struggled with our relationship for years. She frequently made reference to her internal conflict in getting to know me better, and what she had been taught by her Father. She also noted that the friend, who was most supportive of her Brother as he was dying of AIDS, was a member of a racial group that her Father despised.

What I told her, and what I have come to accept about folks who hold views with which I disagree, is that people adhere to the principles and values that they think or feel work for them. It does not advance our cause to be angry with them if our view of race is different.

While some might view it as ignorance, or a lack of sophistication, I call it “muddling through.” Some folks do not seek out information, education, or people of other races, because knowing more stuff complicates their thought process and ability to function in everyday life. There is, after all, only so much time in a day.

For some folks, occupying it with trying to understand what is really going on is problematic. If one has the benefit of being around certain groups of people, and the time, interest, and resources that permit you to engage others outside of your group, you will probably not view those new and different as threatening. However, if your position in life is less secure and more tenuous, the threat appears to be more real. That is not to suggest that it should, or that I am an apologist for racists.

However, for certain segments of the population, it is simply more efficient for them to deal with people and cultures that they recognize, and concepts that they understand, or take positions that someone else, or some other institution, controls. Does that sound familiar? I admit that it may not be the most palatable thing to say in certain settings.

There are two phrases that I have begun to use with more frequency now that I have reached my mid-fifties. They are, “Don’t try to make your issues my issues,” and, “It’s not the way that I want to spend my time.” Racism is frequently about efficiency, with respect to conduct, thought, and emotion.

We only have so much time or energy that we are willing to devote to relationships with folks outside of our known realm, or our realm of priorities. Racism is also about probabilities. Arguably, there are fewer complications and unexpected events associated with sticking with our own and what we know. Is it limiting? Perhaps it is, if that is an issue for you. However, for people who subscribe to it, racism “works.”

Additionally, there will always be a need for humans to feel that they are better than some group of people, and a recognition that they are less well off or fortunate than others, even though it might not be accurate, fair, or justified. Are there perhaps other ways, not comparative in nature, to establish one’s place in society and establish self-worth and value? That we are still uncomfortable with the subject of race, during an era when Obama might have a chance, is reflective of its enduring problematic legacy.

Have you ever watched any shows following animals in the wild, and wondered about their applicability to understanding human conduct? Imagine that you are a tiger, amongst other tigers. Let’s assume that there are other, different animals in your vicinity. If you are familiar with them, and have had other experiences with them, then your reaction or attitude will reflect that prior experience, however limited it may have been.

If the new animal in your midst is a total stranger, who you have not encountered before, then you need to size it up, your guard is immediately raised, and you must make a decision fairly quickly as to whether it is friend or foe. You may or may not be able to run away or successfully fight the strange new animal.

As humans, we have advantages over our animal counterparts. We can move to certain parts of town, join certain organizations, place our kids in certain types of schools, and otherwise take steps to reduce certain undesirable events, and to increase the probability or number of those events occurring that we consider positive in nature.

But having a larger and more complex brain, we can also do others things. We can depersonalize acts that might be interpreted as racist acts toward us, and realize that the act is really not about us, but about the actor. We can also try to address those systemic and structural issues or conditions that encourage the practice of racism, or that make it such a useful coping mechanism for so many.

Hope springs eternal. Laughingman, of the Institute for Applied Common Sense, wrote in a recent piece:

“[T]he dilemma that this Nation faces is significantly more apparent amongst us aging baby boomers, than amongst the kids who will be inheriting the future implications of our, and our parent’s, mistakes. Half of our racial perception problem is hard wired genetic preference. Those of our ancestors who sought out their own kind, (and we still do this on the basis of first blush visual similarity), were more likely to enjoy the support and protection of the group. Adherence to group think advanced the chances of finding a desirable mate and passing along one's genes through reproduction.”

“The other half of the boomers’ perceptual problem is environmental. We may have learned to shake off the fear driven prejudice and behavior, acquired as children from our less enlightened parents. However, acting equal and thinking equal are different things. This may help explain why the most libertine, least cautious, generation in recent memory (we were, after all, willing to swallow damn near anything put in front of us) has become the most compulsively concerned, micro-managing, group of parents...ever.”

“The good news is our kids seem to have inherited our best thinking, rather than our worst fears. So, the ground work put in by MLK, Muhammad Ali, Bill Cosby, and Malcolm X, is showing up as a very new irrelevance of the importance of racial background. Affirmative action has nothing to do with the value of Tiger Woods' endorsement contracts, Oprah's audience, Senator Obama's chances to be our next president, or with the extraordinarily talented Lewis Hamilton's probability of being the next Formula One World Racing Champion.”

“I can't think helping that this is a very good thing. As the population continues to divide into ever smaller tribes based primarily on personal interests, those who pick their leaders based on performance, and emulate their behavior by choice, will enjoy more than their fair share of economic prosperity, and the unfair advantage in the genetic crap shoot.”

“Those who limit their learning to conforming to a previous generation’s preferences may go the way of the Dodo.”

Earlier this week, the world witnessed a generational and philosophical chasm between Rev. Jeremiah Wright and Senator Barack Obama. Rev. Wright has personalized this whole of issue of race, and a result, feels that it is about him.

Obama on the other hand, and this is why he will probably not prevail, has recognized all along that the significance of him even being in the hunt is bigger than the racial factor. However, I don’t think that we are ready for that level of conceptual evaluation yet in this country. (Remember Adlai Stevenson?) That’s why many in the media have turned this into a media circus and resorted to demeaning and demonizing those with whom they disagree.

Yes, America, racism works; and it runs both ways.
© 2008, The Institute for Applied Common Sense

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