Cathedral Round-Up: Checking in with the Bright Minds at Yale Law

Yale Law’s Coat of Arms

Yale Law is the most prestigious lawschool in the entire US (Harvard Law is probably #2). YL’s professors, therefore, are some of the US’s top legal scholars; it’s students are likely to go on to be important lawyers, judges, and opinion-makers.

If you’re wondering about the coat of arms, it was designed in 1956 as a pun on the original three founders’ names: Seth Staples, (BA, Yale, 1797), Judge David Daggett aka Doget, (BA 1783), and Samuel Hitchcock, (BA, 1809), whose name isn’t really a pun but he’s Welsh and when Welsh people cross the Atlantic, their dragon transforms into a crocodile. (The Welsh dragon has also been transformed into a crocodile on the Jamaican coat of arms.)

(For the sake of Yale’s staple-bearing coat of arms, let us hope that none of the founders were immoral in any way, as Harvard‘s were.)

So what have Yale’s luminaries been up to?

Professor Yaffe has a new book on Criminal Responsibility, titled The Age of Culpability: Children and the Nature of Criminal Responsibility. The blurb from Amazon:

Gideon Yaffe presents a theory of criminal responsibility according to which child criminals deserve leniency not because of their psychological, behavioural, or neural immaturity but because they are denied the vote. He argues that full shares of criminal punishment are deserved only by those who have a full share of say over the law.

The YLS Today article goes into more depth:

He proposes that children are owed lesser punishments because they are denied the right to vote. This conclusion is reached through accounts of the nature of criminal culpability, desert for wrongdoing, strength of legal reasons, and what it is to have a say over the law. The heart of this discussion is the theory of criminal culpability.

To be criminally culpable, Yaffe argues, is for one’s criminal act to manifest a failure to grant sufficient weight to the legal reasons to refrain. The stronger the legal reasons, then, the greater the criminal culpability. Those who lack a say over the law, it is argued, have weaker legal reasons to refrain from crime than those who have a say, according to the book. They are therefore reduced in criminal culpability and deserve lesser punishment for their crimes. Children are owed leniency, then, because of the political meaning of age rather than because of its psychological meaning. This position has implications for criminal justice policy, with respect to, among other things, the interrogation of children suspected of crimes and the enfranchisement of adult felons. …

He holds an A.B. in philosophy from Harvard and a Ph.D. in philosophy from Stanford.

I don’t think you need a degree in philosophy or law to realize that this is absolutely insane.

Even in countries where no one can vote, we still expect the government to try to do a good job of rounding up criminals so their citizens can live in peace, free from the fear of random violence. The notion that “murder is bad” wasn’t established by popular vote in the first place. Call it instinct, human nature, Natural Law, or the 6th Commandment–whatever it is, we all want murderers to be punished.

The point of punishing crime is 1. To deter criminals from committing crime; 2. To get criminals off the street; 3. To provide a sense of justice to those who have been harmed. These needs do not change depending on whether or not the person who committed the crime can vote. Why, if I wanted to commit a crime, should I hop the border into Canada and commit it there, then claim the Canadian courts should be lenient since I am not allowed to vote in Canada? Does the victim of a disenfranchised felon deserve less justice than the victim of someone who still had the right to vote?

Since this makes no sense at all from any sort of public safety or discouraging crime perspective, permit me a cynical theory: the author would like to lower the voting age, let immigrants (legal or not) vote more easily, and end disenfranchisement for felons.

Professor Moyn has a new book on Human Rights: Not Enough: Human Rights in an Unequal World. According to the Amazon blurb:

The age of human rights has been kindest to the rich. Even as state violations of political rights garnered unprecedented attention due to human rights campaigns, a commitment to material equality disappeared. In its place, market fundamentalism has emerged as the dominant force in national and global economies. In this provocative book, Samuel Moyn analyzes how and why we chose to make human rights our highest ideals while simultaneously neglecting the demands of a broader social and economic justice. …

In the wake of two world wars and the collapse of empires, new states tried to take welfare beyond its original European and American homelands and went so far as to challenge inequality on a global scale. But their plans were foiled as a neoliberal faith in markets triumphed instead.

As Yale puts it:

In a tightly-focused tour of the history of distributive ideals, Moyn invites a new and more layered understanding of the nature of human rights in our global present. From their origins in the Jacobin welfare state

Which chopped people’s heads off.

to our current neoliberal moment, Moyn tracks the subtle shifts in how human rights movements understood what, exactly, their high principles entailed.

Like not chopping people’s heads off?

Earlier visionaries imagined those rights as a call for distributive justice—a society which guaranteed a sufficient minimum of the good things in life. And they generally strove, even more boldly, to create a rough equality of circumstances, so that the rich would not tower over the rest.

By chopping their heads off.

Over time, however, these egalitarian ideas gave way. When transnational human rights became famous a few decades ago, they generally focused on civil liberties — or, at most sufficient provision.

Maybe because executing the kulaks resulted in mass starvation, which seems kind of counter-productive in the sense of minimum sufficient provision for human life.

In our current age of human rights, Moyn comments, the pertinence of fairness beyond some bare minimum has largely been abandoned.

By the way:

From Human Progress

Huh. Why would anyone think that economic freedom and human well-being go hand-in-hand?

The Dramatic Decline in World Poverty, from CATO https://www.cato.org/blog/dramatic-decline-world-poverty

At the risk of getting Pinkerian, the age of “market fundamentalism” has involved massive improvements in human well-being, while every attempt to make society economically equal has caused mass starvation and horrible abuses against humans.

Moyn’s argument that we have abandoned “social justice” is absurd on its face; in the 1950s, the American south was still racially segregated; in the 1980s South Africa was still racially segregated. Today both are integrated and have had black presidents. In 1950, homosexuality was widely illegal; today gay marriage is legal in most Western nations. Even Saudi Arabia has decided to let women drive.

If we want to know why, absurdly, students believe that things have never been worse for racial minorities in America, maybe the answer is the rot starts from the top.

In related news, Yale Law School Clinics Secure Third Nationwide Injunction:

The first ruling dramatically stopped the unconstitutional Muslim ban in January 2017, when students from the Worker and Immigrant Rights Advocacy Clinic (WIRAC) mobilized overnight to ground planes and free travelers who were being unjustly detained. The students’ work, along with co-counsel, secured the first nationwide injunction against the ban, and became the template for an army of lawyers around the country who gathered at airports to provide relief as the chaotic aftermath of the executive order unfolded.

Next came a major ruling in California in November 2017 in which a federal Judge granted a permanent injunction that prohibited the Trump Administration from denying funding to sanctuary cities—a major victory for students in the San Francisco Affirmative Litigation Project (SFALP) …

And on February 13, 2018, WIRAC secured yet another nationwide injunction—this time halting the abrupt termination of the Deferred Action for Childhood Arrivals program (DACA). … The preliminary injunction affirms protections for hundreds of thousands of Dreamers just weeks before the program was set to expire.

And Rule of Law Clinic files Suit over Census Preparations:

The Rule of Law Clinic launched at Yale Law School in the Spring of 2017 and in less than one year has been involved in some of the biggest cases in the country, including working on the travel ban, the transgender military ban, and filing amicus briefs on behalf of the top national security officials in the country, among many other cases. The core goal of the clinic is to maintain U.S. rule of law and human rights commitments in four areas: national security, antidiscrimination, climate change, and democracy promotion.

 

Meanwhile, Amy Chua appears to be the only sane, honest person at Yale Law:

In her new book, Political Tribes: Group Instinct and the Fate of Nations (Penguin, 2018), Amy Chua diagnoses the rising tribalism in America and abroad and prescribes solutions for creating unity amidst group differences.

Chua, who is the John M. Duff, Jr. Professor of Law, begins Political Tribes with a simple observation: “Humans are tribal.” But tribalism, Chua explains, encompasses not only an innate desire for belonging but also a vehement and sometimes violent “instinct to exclude.” Some groups organize for noble purposes, others because of a common enemy. In Chua’s assessment, the United States, in both foreign and domestic policies, has failed to fully understand the importance of these powerful bonds of group identity.

Unlike the students using their one-in-a-million chance at a Yale Law degree to help members of a different tribe for short-term gain, Amy Chua at least understands politics. I might not enjoy Chua’s company if I met her, but I respect her honesty and clear-sightedness.

 

On a final note, Professor Tyler has a new book, also about children and law, Why Children Follow Rules: Legal Socialization and the Development of Legitimacy. (Apparently the publishers decided to stiff the cover artist.) From the Amazon blurb:

Why Children Follow Rules focuses upon legal socialization outlining what is known about the process across three related, but distinct, contexts: the family, the school, and the juvenile justice system. Throughout, Tom Tyler and Rick Trinkner emphasize the degree to which individuals develop their orientations toward law and legal authority upon values connected to responsibility and obligation as opposed to fear of punishment. They argue that authorities can act in ways that internalize legal values and promote supportive attitudes. In particular, consensual legal authority is linked to three issues: how authorities make decisions, how they treat people, and whether they recognize the boundaries of their authority. When individuals experience authority that is fair, respectful, and aware of the limits of power, they are more likely to consent and follow directives.

Despite clear evidence showing the benefits of consensual authority, strong pressures and popular support for the exercise of authority based on dominance and force persist in America’s families, schools, and within the juvenile justice system. As the currently low levels of public trust and confidence in the police, the courts, and the law undermine the effectiveness of our legal system, Tom Tyler and Rick Trinkner point to alternative way to foster the popular legitimacy of the law in an era of mistrust.

Speaking as a parent… I understand where Tyler is coming from. If I act in a way that doesn’t inspire my children to see me as a fair, god-like arbitrator of justice, then they are more likely to see me as an unjust tyrant who should be disobeyed and overthrown.

On the other hand, sometimes things are against the rules for reasons kids don’t understand. One of my kids, when he was little, thought turning the dishwasher off was the funniest thing and would laugh all the way through timeout. Easy solution: I didn’t turn it on when he was in the room and  he forgot. Tougher problem: one of the kids thought climbing on the stove to get to the microwave was a good idea. Time outs didn’t work. Explaining “the stove is hot sometimes” didn’t work. Only force solved this problem.

Some people will accept your authority. Some people can reason their way to “We should cooperate and respect the social contract so we can live in peace.” And some people DON’T CARE no matter what.

So I agree that police, courts, etc., should act justly and not abuse their powers, and I can pull up plenty of examples of cases where they did. But I am afraid this is not a complete framework for dealing with criminals and legal socialization.

Cathedral Round-Up #26: Philosophy

In sob stories about just how hard it is to be one of the most privileged people in the world, 21 Harvard and Oxford Students Share Their Experiences of Racism They Face Everyday [sic]:

I, Too, Am Harvard is a powerful photo campaign highlighting the faces and voices of black students at Harvard College. Fed up with the institutional racism they face everyday [sic], the students are speaking speaking out against it by sharing their heartfelt stories in a series of portraits.

“Our voices often go unheard on this campus, our experiences are devalued, our presence is questioned,” they say. “This project is our way of speaking back,of claiming this campus, of standing up to say: we are here.”

The students from Oxford University have also begun a similar campaign.

Examples of nefarious racism keeping down Harvard and Oxford students include people asking if they’re listening to rap music on their headphones and jokes abut Somali pirates. Several complaints also center on the fact that whites believe that blacks and Hispanics get an admissions boost due to Affirmative Action, which Blacks find terribly offensive. (Of course, as the NY Times notes, Harvard has been acting affirmatively since 1971:

The university has a long and pioneering history of support for affirmative action, going back at least to when Derek Bok, appointed president of Harvard in 1971, embraced policies that became a national model.

The university has extended that ethos to many low-income students, allowing them to attend free. Harvard has argued in a Supreme Court brief that while it sets no quotas for “blacks, or of musicians, football players, physicists or Californians,” if it wants to achieve true diversity, it must pay some attention to the numbers. The university has also said that abandoning race-conscious admissions would diminish the “excellence” of a Harvard education.

This is why Harvard is now getting sued by Asians, whose excellent SAT scores result in a significant admissions discrimination at top schools.)

Why do students at such elite schools indulge in such petulant whining? For that matter, why do these schools allow inanities like students yelling at faculty members about Halloween costumes (Yale, I’m looking at you)?

They say the Devil’s best trick was convincing people he doesn’t exist; perhaps the Cathedral’s best trick is convincing people that it’s oppressed. If Cathedralites are oppressed, then you can’t complain that they’re oppressing you.

Or perhaps people who get into top schools develop some form of survivor’s remorse? How do you reconcile a belief that “elitism” is bad, that intelligence isn’t genetic, that no one is “inherently” better than anyone else nor deserves to be “privileged” with the reality that you have been hand-selected to be part of a privileged, intellectual elite that enjoys opportunities we commoners can only dream of? Perhaps much of what passes for liberal signaling in college is just overcompensation for the privileges they have but can’t explicitly claim to deserve.

Over at Yale, the Philosophy Department is very concerned that too many white males are signing up for their courses:

But not all departments draw evenly across Yale’s many communities — some will be more demographically homogeneous than others, such as Yale’s Philosophy Department, which has historically been majority white and male.

Philosophy has struggled as a discipline to attract students from diverse backgrounds, and faculty and students within Yale’s Philosophy Department told the News that while the department is not as diverse as it could be in terms of racial and gender makeup or curricular offerings, ongoing efforts to remedy the problem are a cause for optimism.

Yalies seem lacking in basic numeracy: if some departments–say the African American Studies and Women’s, Gender, and Sexuality Studies–attract disproportionately high numbers of blacks and women, then there won’t be enough blacks and women left over to spread out to all of the other departments to get racial parity everywhere. Some departments, by default, will have to have more whites and men.

“[Lack of diversity] has inspired a lot of soul-searching in the discipline in recent years,” said Joanna Demaree-Cotton GRD ’21, co-coordinator of Yale’s chapter of Minorities and Philosophy which works to combat issues faced by minorities in academia. “Lots of departments, including ours at Yale, have started asking tough questions about the cause of this drop-off in the representation of women and racial minorities, and how we might go about ameliorating the problem.”

In case you’re wondering, Demaree-Cotton is a white lady. When the push comes to get some professors to give up their spots in favor of women-of-color philosophers, will Demaree-Cotton get pushed out for being white, or will she be saved because she’s female?

Unfortunately for Yale, they recently lost their only black philosophy professor, Chris Lebron, author of The Making of Black Lives Matter: The History of an Idea and The Color of Our Shame: Race and Justice In Our Time, to Johns Hopkins U.

Yale has a second problem: very few people major in philosophy, period. For example, in 2016, only 20 undergrads received degrees in philosophy or philosophy of mathematics (data is not broken down for each department.) Of these, 13 were men and 7 were female. These are the kind of numbers that let you write hand-wringing articles about how “philosophy is only 35% female!” when we are actually talking about a 6-person gap. The recent “drop-off” in women and racial minorities, therefore, is likely just random chance.

“For example, although over the last four years women have represented less than 25 percent of applicants to our Ph.D. program, they represent about 40 percent of students currently in our program,” Darwall said.

Sounds like Yale is actually giving women preferential treatment, just not enough preferential treatment to make up for the lack of female applicants.

Deputy Dean for Diversity and Faculty Development Kathryn Lofton said that Yale is working hard to “rethink diversity” across the University…

Each academic department and program, not just philosophy, must engage with this topic, Lofton added.

“The protests in the fall of 2015 showed that our students believe we have work yet to do to achieve this ambition,” she said. “The University has responded to their call with a strong strategic vision. But this work takes time to accomplish.”

Kathryn Lofton is also a white woman. Besides lecturing people about the importance of Halloween Costume protests, she is also a professor of Religious Studies, American Studies, History and Divinity and chair of the Religious Studies department. Her faculty page describes her work:

Kathryn Lofton is a is a historian of religion who has written extensively about capitalism, celebrity, sexuality, and the concept of the secular. … Her first book, Oprah: The Gospel of an Icon (2011) used the example of Oprah Winfrey’s multimedia productions to evaluate the material strategies of contemporary spirituality. Her forthcoming book, Consuming Religion offers a profile of religion and its relationship to consumption and includes analysis of many subjects, including office cubicles, binge viewing, the family Kardashian, and the Goldman Sachs Group. Her next book-length study will consider the religions of American singer-songwriter Bob Dylan.

Apparently writing about Oprah and the Kardashians now qualifies you to be a Yale professor.

Back to the Philosophy Department:

For instance, [Jocelyn] Wang said that many undergraduate introductory philosophy classes are history-based and focused on “dead white men,” which is not necessarily as accessible to students from varied backgrounds.

“I think the way that the undergraduate philosophy curriculum is structured contributes partially to the demographic composition of the major,” Wang said.

In other words, Miss Wang thinks that Yale’s black and Hispanic students are too dumb to read Socrates and Kant.

This is really a bullshit argument, if you will pardon my language. Any student who has been accepted to Yale is smart (and well-educated) enough to “access” Socrates. These are Yalies, not bright but underprivileged kids from the ‘hood. If language is an issue for Yale’s foreign exchange students, all of the philosophy texts can be found in translation (in fact, most of them weren’t written in English to start with.) But if you struggle with English, you might not want to attend a university where English is the primary language to start with.

However, if we interpret “accessible” in Miss Wang’s statement as a euphemism for “interesting,” we may have a reasonable claim: perhaps interest in historical figures really is tribal, with whites more interested in white philosophers and blacks more interested in black philosophers. Your average “Philosophy 101” course is likely to cover the most important philosophers in the Western Tradition, because these courses were originally designed and written by Westerners who wanted to discuss their own philosophical tradition. Now in order to attract non-Westerners, they are being told they need to discard the discussion of their own philosophical tradition in favor of other philosophical traditions.

Now, I don’t see anything wrong with incorporating non-western philosophies if they have something interesting to say. My own Philosophy 101 course covered (IIRC) Plato, Aristotle, Kant, Mill, John Rawls, the Bhagavad Gita, Taoism, and Confucianism. I enjoyed this course, and never found myself thinking, “Gee, I just can’t access this Confucius. This course would be a lot more accessible without all of the brown guys in it.”

Look, some people like talking about what a “chair” is and what “is” is, and some people like talking about police brutality against black bodies, and if one group of people wants to get together in the Philosophy department and talk about chairs and the other group wants to go to the African American Studies department, that’s fine. We don’t all have to hang out in the same place and talk about the same stuff. Sometimes, you just need to sit down and acknowledge that the thing you’re interested in isn’t 100% interesting to everyone else on the planet. Some subjects are more interesting to women, some are more interesting to men. Some are more interesting to whites or blacks or Asians, married or single people, young or old, city or country dwellers, etc. We are allowed to be different. If different people have different interests, then the only way to get people with different interests into the philosophy department is by changing the department itself to cater to those different interests–interests that are already being better served by a different department. If you turn Philosophy into Gender + Race Studies, then you’ve just excluded all of the people who were attracted to it in the first place because they wanted to study philosophy.

Speaking of which:

[Wang] added that in her experience, students can create a “culture of intimidation” by making references to philosophers without explaining them, thus setting up a barrier for people who are not familiar with that background.

I know some people can be cliquish, reveling in overly-obtuse language that they use to make themselves sound smart and to exclude others from their exclusive intellectual club. Academic publications are FILLED with such writing, and it’s awful.

But Miss Wang is criticizing what amount to private conversations between other students for being insufficiently transparent to outsiders, which rubs me the wrong way. Every field has some amount of specialized knowledge and vocabulary that experienced members will know better than newcomers. Two bikers talking about their motorcycles wouldn’t make much sense to me. Two engineers talking about an engineering project also wouldn’t make much sense to me. And I had to look up a lot of Jewish vocabulary words like “Gemara” before I could write that post on the Talmud. Balancing between the amount of information someone who is well-versed in a field needs vs the amount a newcomer needs, without actually knowing how much knowledge that newcomer already has nor whether you are coming across as condescending, simplistic, or “mansplaining,” can be very tricky.

This is something I worry about in real life when talking to people I don’t know very well, so I’m sensitive about it.

Still, [Rita Wang–a different student with the same last name] noted several classes that delved into questions of race and gender, such as a class on American philosophy that included the writings of Martin Luther King, Jr. and another course on G.W.F. Hegel that discussed his interpretation of the Haitian Revolution.

I was curious about Hegel’s interpretation of the Haitian revolution. A quick search of “Hegel Haiti” brings me to Susan Buck-Morss‘s Hegel, Haiti and Universal History. According to The Marx & Philosophy Review of Books:

The premise of Susan Buck-Morss’s Hegel, Haiti and Universal History is the arresting claim that Hegel’s renowned ‘master-slave dialectic’ was directly inspired by the contemporaneous Haitian Revolution. Commencing with a slave uprising on the French colony of Saint Domingue in 1791, the victorious former slaves declared Haiti’s independence from Napoleon’s France in 1804, three years before Hegel published his Phenomenology of Spirit, which contained the earliest published (and still the best known) rendition of the master-slave dialectic. …

However, if Buck-Morss is right to claim that Hegel was alluding to the Haitian Revolution when writing his master-slave dialectic, then Hegel’s seemingly callow optimism was not mere fancy but drew directly on lived historical experience: the achievement of Haitian slaves not only in overthrowing a savage and comprehensive tyranny but also in establishing their own modern state. Buck-Morss only hints at this possibility, however. Her aim, she says, is different: she wants to ensure that the great German philosopher is forever linked to the greatest of Caribbean revolutions (16)….

Bridge made of trash, Haiti

Ah, yes, Haiti, such a great revolution! And such a great country! Say, how have things been in Haiti since the revolution?

Dessalines was proclaimed “Emperor for Life” by his troops.[63] …Once in power, he ordered the massacre of most whites. … In the continuing competition for power, he was assassinated by rivals on 17 October 1806.[66]

The revolution led to a wave of emigration.[70] In 1809, nearly 10,000 refugees from Saint-Domingue settled en masse in New Orleans.[71] They doubled the city’s population. …

Haitian politics have been contentious: since independence, Haiti has suffered 32 coups.[134]

Cité Soleil in Port-au-Prince, one of the biggest slums in the Northern Hemisphere, has been called “the most dangerous place on Earth” by the United Nations.[138]

Haiti has consistently ranked among the most corrupt countries in the world on the Corruption Perceptions Index.[159] It is estimated that President “Baby Doc” Duvalier, his wife Michelle, and their agents stole US $504 million from the country’s treasury between 1971 and 1986.[160]

Haiti’s purchasing power parity GDP fell 8% in 2010 (from US$12.15 billion to US$11.18 billion) and the GDP per capita remained unchanged at PPP US$1,200.[2] … Haiti is one of the world’s poorest countries and the poorest in the Americas region, with poverty, corruption, poor infrastructure, lack of health care and lack of education cited as the main sources. …

Haiti’s population (1961–2003) from 4 to 10 million

Meanwhile, Haiti’s population has steadily increased from 4 million (in 1961) to 10 million (in 2003).

Sounds great. Who wouldn’t embrace a revolution that brought such peace, prosperity, and well-being to its people?

Interestingly, Wikipedia notes that Susan Buck-Morss is a member of the Frankfurt School. Wikipedia also notes that the idea that the Frankfurt School is a bunch of Marxists–or “Cultural Marxists” is just a “conspiracy theory.” Clearly there is nothing Marxist about the Frankfurt School.

But back to Yale:

This year, new faculty members who have joined the department will teach courses that diversify the curriculum, Gendler said. Philosophy professor Robin Dembroff, who is genderqueer, is teaching a social ontology course next semester that focuses on questions surrounding social construction and the nature of social categories.

Here’s an excerpt from Dembroff’s PhD dissertation summary (Princeton):

Many important social debates concern who should count as belonging to various social categories. Who should count as black? …as a woman? …as married? …it is widely assumed that these questions turn on metaphysical analyses of what makes someone black, a woman, and so on. That is, it is assumed that we should count someone as (e.g.) a woman just in case they satisfy sufficient conditions for having the property `woman’. My dissertation argues that this assumption is wrong: whether someone should count as a woman turns not on whether they satisfy the correct metaphysical analysis of what it is to be a woman, but on ethical considerations about how we ought to treat each other. …

While researching this post, I also came across what I think is Dembroff’s old Myspace account. While looking back at our teenage selves can be ridiculous and often embarassing, the teenage Dembroff seemed a much realer, more relateable human than the current one who is trying so hard to look Yale. Perhaps it isn’t the same Dembroff, of course. But we were all teenagers, once, trying to find our place in this world. I think I would have liked teenage Dembroff.

Dembroff’s dissertation, boiled down to its point, is that all of these debates over things like “trans identity” don’t really matter because we ought to just try to be kind to each other. While I think statements like, “What matters for determining ethical gender ascriptions are normative questions about how we ought to perceive and treat others, and not facts about who is a man or a woman. This claim has an important implication: It may be unethical to make true gender ascriptions, and ethical to make false ascriptions,” are quite wrong, because reality is an important thing and basing an ethics around lying has all sorts of bad implications, I find this at least a more honest and straightforward idea than all of the “gender is a social construct” nonsense.

Still, I question the wisdom of having someone who thinks that social ontology, social construction, and the nature of social categories don’t really matter teach a course on the subject. But maybe Dembroff brings a refreshing new perspective to the subject. Who knows.

Let’s finish our article:

“One thing that I have found really encouraging at Yale is that I have been made to feel as if the graduate student community as a whole — including white men — truly cares about working together to create positive change,” Demaree-Cotton said. “This really makes a big difference. The importance of all students and faculty — not just minorities — taking an active interest in these issues should not be underestimated.”

So much social signaling. So much trying to impress the legions of other privileged, to scrabble to the top, to hang on to some piece of the pie while deflecting blame onto someone else.

I wish people could leave all of this signaling behind.

Cathedral Round-Up #25: Yale Law and the Expansion of “Persecution”

Way back in Round-Up #7, I noticed the Cathedral was trying to expand the notion of “refugee” to include “economic migrants.” In today’s Round-Up, courtesy of the Yale Law Journal, Paul Strauch would like to expand “persecution” to include “might get killed by common criminals.”

Strauch’s first paragraph (from When Stopping the Smuggler Means Repelling the Refugee: International Human Rights Law and the European Union’s Operation To Combat Smuggling in Libya’s Territorial Sea) is a doozy:

Over the past three years, the number of human tragedies on the Mediterranean Sea has reached an unprecedented level.1 The now-iconic image of a German rescue worker cradling a drowned migrant baby in his arms in the sea between Libya and Italy remains a disturbing reminder of the over 5,000 migrants and refugees who died attempting to cross the Mediterranean in 2016 alone.2 Of the European Union’s (EU) responses to this humanitarian crisis, perhaps the most controversial has been Operation Sophia: a naval mission to combat human smugglers and traffickers operating in the Mediterranean, in particular off the coast of Libya.3 As part of Operation Sophia, the EU is now supporting and training the Libyan Navy and Coastguard to combat smuggling and stop migrant departures within Libya’s territorial sea—waters within twelve nautical miles of Libya’s nautical baseline. The EU simultaneously continues to seek permission for European Union Naval Force Mediterranean (EUNAVFOR MED) vessels and personnel themselves to enter Libya’s territorial sea to seize and dispose of smuggling vessels. (These two components will hereinafter together be referred to as the Operation Sophia “territorial sea component.”)

Source: Human Costs of Border Control

Okay. Let’s unpack this. First, a little background on Yale Law: for those of you who don’t know, it is regarded as the most prestigious law school in the US. Paul Strauch might be an unknown American law student who doesn’t even have his own Wikipedia page (yet,) but he still has the power to influence the development and implementation of European Human Rights law. According to his profile on Linked In, Strauch has only had one real job–he worked as an “Investment Banking Compliance Analyst” for Goldman Sachs for a year. The rest of his “work experience” is three-month internships.

Getting an accurate estimate of the full scale of migrant deaths in the Mediterranean is tricky because dead bodies often end up at the bottom of the sea where they are hard to find, thousands of miles away from any loved ones. A well-publicized sinking can prompt European governments to dredge the sea floor in search of bodies, while a boat that just disappears in the middle of the night and is never heard from again may never get noticed.

Nevertheless, migrant deaths do look like they’ve gone up overall. HCOBC cites over 450 deaths in 2013, and the UNHCR reports over 3,750 in 2014 and estimates more than that for 2016. The numbers for 2017 aren’t out yet, but look similar.

This is a bad idea

Why are so many people suddenly drowning in the Mediterranean?

The Libyan civil war which began in 2011 turned a relatively stable country with functioning borders into an anarchic free-for-all infested with sociopathic smugglers happy to let you risk death in a rubber raft in the Mediterranean in exchange for all your money.

A quick glance at a map of the Mediterranean reveals that Libya-Italy route is about the worst one you could possibly pick. Morocco to Spain/Gibralter? Only 9 miles! There are totally legal ferry companies that will take you from Tunisia to Sicily in about 10 hours. You can cross from Turkey to continental Europe via the Bosporus, (yes I know the other side of the Bosporus is also Turkey,) or if you want to take the long route, you can island-hop through the Aegean. The minimum distance from Libya to Italy (to the island of Lampedusa) is a much further–290 miles.

But the smugglers aren’t actually trying to get to Italy. As the Irish Times reports,

“It is well-known that the Italian boats save everybody,” [a smuggler] said. Smugglers and migrants said that a rescue by a European vessel in international waters – not reaching the Italian coast – was the goal of every departure. …

But the Libyan coast guard is practically useless. Coast guard officials responsible for most of the coastline where the smuggling occurs say equipment failures have prevented them from carrying out an operation for more than three months, and at least one captain said he was afraid of retribution by the smugglers. …

An Egyptian or Tunisian captain for the boat might get $5,000-$7,000, and blend in with the migrants to avoid responsibility if the boat is stopped, according to the smugglers. About $800 buys a satellite telephone the captain can use to call the Red Cross when the boat reaches international waters, to expedite pick-up by the Italian coast guard.

source

The vast majority of migrants coming via Libya are not Syrians refugees fleeing ISIS (who of course take the eastern Mediterranean/Bosporus routes,) but regular Sub-Saharan Africans who have traveled through Libya’s non-existent borders in search of a quick route to European prosperity.

Well, deaths are sad, but people die every day, especially if they do things that are likely to kill themselves, like try to cross the Mediterranean in a rubber raft. What makes a death in Libyan waters (or the open sea) Italy’s problem–or more generally, Europe’s?

Operation Sophia’s ostensible goal of helping the Libyan coast guard reassert control over Libyan waters is the fastest and most sensible way of stemming the tide and saving the lives of everyone involved. But Strauch takes issue with this:

The EU’s goal of decreasing the number of migrants4 who reach the Mediterranean high seas is understandable, but the territorial sea component presents serious human rights concerns. Instead of traversing the high seas to possibly reach Europe and asylum, migrants will be turned back by the Libyan Coastguard—trained and supported by EUNAVFOR MED—to a country where they likely face prolonged detention, brutality, and persecution. There is also the possibility that migrants and refugees will be caught in the crossfire between the human smugglers and the Libyan Coastguard in collaboration with EUNAVFOR MED. This Comment considers whether the EU’s activities in the territorial sea of Libya will occur within the framework of international human rights law, or whether there are gaps in protection for migrants impacted by the Operation.

These migrants are not in danger in Libya because some faction in the Libyan civil war has it out for them. They’re not even Libyans fleeing violence in Libya. They are opportunistically taking advantage of Libya’s lawlessness in order to cross it, and Strauch is arguing that because of that same lawlessness, it would be a violation of Human Rights Law to send them back.

<–Here’s a map of homicide rates by state (the UNODC report doesn’t include recent violence in Libya.) By this logic, pretty much any of the billions of people from Russia to Brazil should have the right to waltz into the blue-zone country of their choice.

Of course, the actual result of Operation Sophia has not been the return of smuggling vessels to Libya (that phase of the operation is not yet and may never be live.) According to the New York Times, Efforts to Rescue Migrants Caused Deadly, Unexpected Consequences:

Strategies to rescue migrants in the Mediterranean Sea and disrupt smuggling networks have had deadly, unexpected consequences, according to aid groups monitoring the crisis.

It is part of a wrenching Catch-22: Any effort to lessen the migrant crisis can backfire as smuggling networks devise even more dangerous strategies in response. …

Each year, aid groups patrol the area and rescue thousands of migrants at risk of drowning.

Before 2014, rescues took place closer to Italy, with migrant boats traveling as far as Italian waters. By 2014, many rescues were occurring farther south in the Mediterranean. By 2015, rescues reached even closer to the Libyan side of the Mediterranean Sea.

More recently, rescues were taking place closer to Libyan territorial waters…

Smugglers use flimsy boats and provide just enough fuel to reach the edge of Libyan waters. Drivers can remove the engine and head back to Libya on another boat, leaving the migrants adrift until help arrives.

The NY Times fatalistically concludes:

“It’s really time to start looking at some of the long-term policies,” [Federico Soda, the director of the Coordination Office for the Mediterranean with the International Organization for Migration,] added. “Africa and Europe are always going to be neighbors. Movement of people between the two is just a reality of the coming decade.”

Libya’s porous borders are just a reality, like average rainfall in the Sahara or the height of Mount Everest, not something humans actually have control over, so you’d better just get used to it.

Peter “Sweden” Imanuelson has an interesting account of his recent trip to Sicily:

So I went down to Sicily, the front line where many immigrants first set foot in Europe to find out the truth about the so-called refugee crisis. …

What I found in Sicily was an organized and large-scale operation. These are so-called non-governmental organizations (NGOs) such as Oxfam, Save the Children, MSF, and others who work with governments from different EU countries to bring in a new population in Europe.

In Catania I met an immigrant named Mohari who arrived just a few days earlier. His journey began in Eritrea, from where he traveled all the way up to the coast of Libya. After six failed attempts, this Eritrean was finally picked up by a boat from Save the Children, only a few kilometers from Libya’s coast. …

Mohari told me he wanted to either Sweden or England. I asked him why he just selected these countries.

– Money, solved his short answer.

There are a number of different ships operating in the Mediterranean to help immigrants. Partly, we have ships from NGOs, but we also have coastguards from different EU countries, including Sweden.

In Catania I met the crew of Triton, a Swedish coastguard vessel operating in the Mediterranean at the request of the EU. The ship is formally there as a Coast Guard, but I found out that they also collaborate with NGO vessels to pick up immigrants on Libya’s coast and transport them to Europe.

It is thought that the Swedish Coast Guard should guard the coasts of Sweden – not pick up Africans in the Mediterranean. After all, it is Swedish tax money that accounts for the cost. However, the Swedes are commissioned by the EU Coast Guard Frontex along with the Coast Guard from other EU countries.

So what happens when NGOs ship arrives in Europe filled with immigrants? I arrived at Pozzallo, a nice city in southern Sicily. There, the Aquarius, operated by a Physician without Frontiers, would arrive early in the morning after picking up about 420 immigrants on the Libyan coast.

I was there in good time when the ship arrived. Everything was in full swing to prepare for Europe’s new citizens. The Red Cross, the police, the Italian Ministry of Internal Affairs and several were in place. The ship arrived with what seemed to be almost exclusively young African men. No women or children were able to see on board.

Suddenly, the Italian police arrived at me, asked to see my ID actions and rejected me from the port.

Let me pause here for the irony as the person who is actually legally allowed to be in a Sicilian port is kicked out by the police and people who have entered the country illegally are not.

My trip continued and I wanted to find out where the immigrants are heading after they come to Europe. At the harbor there were buses lined up, ready to take the immigrants on. Many end up in refugee camps. One of these is Cara Mineo. What amazed me was how incredibly good the refugee camp is compared with how the native population lives. Newly built houses, playgrounds, football pitches, basketball courts and more.

A local resident told immigrants to get everything they needed. Mobile phones, cigarettes. They also get free healthcare, free legal assistance and so on… Cara Mineo is a former military base and the military is still there and watches. I was not rejected this time, but was strongly limited in what pictures I could take on the camp.

However, there is even more help to get if you are an immigrant from the third world. Near the train station in Catania, the organization Oxfam had its pop-up tent and helped immigrants. There they are interpretered and tell the immigrants what they need to do to seek asylum and get up to northern Europe. They even go so far as to share leaflets titled #OPENEUROPE Guide To Rights. There you will find a lot of useful information, like which trains you can take north and what the prices are. You also get to know which rights you have (such as access to the phone and the internet). Of course, there are links to web pages that show you how to stay in Europe.

Oxfam’s assistant described how they simply help the immigrants with all the information they need. They also share backpacks with necessities, such as toothbrushes, shoes, towels, paper and pens. She told them that they then ask immigrants to rate the service they received from Oxfam on the organization’s app.

You know, back during the big drought, several of my relatives ended up with no running water because their well dried up. After hearing that a deeper well could reach the water, I started contacting well-digging charities in search of help, but kept getting the same answer: they only drill in Africa. These folks would rather fly to Ethiopia to drill wells than drive a hundred miles up the road to help their neighbors.

Most people who want to “help” others don’t really want to help; they just want the feel-good-fuzzies they get from helping. You don’t have to hand out backpacks and toothbrushes to economic tourists illegally entering your country. You can hand out backpacks and toothbrushes to homeless people and foster children in your own city.

Strauch goes on (this paragraph is so egregious that I’m going to treat it like a Wikipedian):

In recent years, observers and scholars [who?] have rightly [judgmental language] called attention to European states’ heightened implementation of border security protocols and restrictions on asylum access in response to the global migration crisis. [Proof?] The term “Fortress Europe” is now commonplace [where?].6 [The linked source does not prove that the phrase is common.] Over the past twenty years, European states have developed this practice [what practice?] by striking deals with African nations to support maritime interdictions in their territorial seas.7 As a military operation designed to limit the number of migrants in reach of Europe’s borders, Operation Sophia expressly follows in this trend. [What trend? No trend has been demonstrated.]

Just look at that horrible trend of migrants being kept out of Europe

Notice how Strauch just asserts a bunch of stuff without offering any proof for any of it. Over in reality land, a Record 1.3 Million Migrants reached Europe in 2015; this number dropped negligibly to 1.2 million in 2016. Trends here probably have more to do with German Chancellor Angela Merkel having announced an extremely open policy toward migrants and refugees crossing into Germany in 2015 than Italian-Libyan coast guard cooperation.

Strauch never does provide data to back up his claims. Rather he argues:

The Operation Sophia territorial sea component risks violating fundamental international human rights protected by various international conventions.32 These include, in particular, the European Convention on Human Rights (ECHR), the International Covenant on Civil and Political Rights (ICCPR), and the 1951 Refugee Convention.33 The states of the European Union are parties to all of these instruments and thus bound under international law by the obligations provided therein.34

The Operation Sophia territorial sea component is at odds with the principle of nonrefoulement, which holds that an individual may not be returned to a place where he or she faces risk of persecution.35 The nonrefoulement principle is affirmed most clearly in Article 33 of the Refugee Convention and is also binding upon European states under the ECHR.36 … Additionally, the duty of nonrefoulement now arguably is customary international law,38 and the overwhelming weight of international authority holds that states are prohibited from engaging in nonrefoulement practices when acting extraterritorially.39

Libya remains a place of possible persecution for the irregular migrants who seek to leave it. In Libya, migrants face possible torture, arbitrary detention, and other abuses.40 Because Operation Sophia engagements seek to ensure that migrant vessels cannot leave Libya’s coast, interception and diversion of vessels containing migrants and refugees imply that they may be forced to return to Libya.41 In addition, the program of disposing of vessels used for smuggling may present nonrefoulement concerns, as these actions effectively ensure migrants seeking transportation cannot leave Libya. For similar reasons, territorial sea engagements may run up against the prohibition against collective expulsion. Affirmed in Article 4 of the Protocol 4 of the ECHR, collective expulsion is “any measure . . . compelling aliens as a group to leave the country, except where such a measure is taken after and on the basis of a reasonable and objective examination of the particular cases of each individual alien of the group.”42

Strauch makes me think Duerte is on to something.

The article keeps going in this manner. Basically it’s Europe’s fault that anyone, anywhere in the world might be subject to violence and so Europe must take in anyone and everyone who shows up on its shores or even just a few miles off Libya’s coast. I recommend that you read the whole thing, just to get the full and thorough picture, but I will leave you with this final line:

Part III then contends that the territorial sea component makes significant and concerning contributions to an emerging norm of militarized, cooperation-based border control.

Strauch is concerned about cooperation? One wonders what kind of non-militarized border control Strauch imagines exists anywhere in the world.

 

Amazingly, I didn’t have to go digging to find this article–it was just the first article I encountered in this month’s issue of Yale Law Journal. I haven’t even touched the Journal’s other two articles, The Nature of Parenthood:

This Article explores what it means to fully vindicate gender and sexual-orientation equality in the law of parental recognition. … In initially defining parentage through marriage, the common law embedded parenthood within a gender-hierarchical, heterosexual order. Eventually, courts and legislatures repudiated the common-law regime and protected biological parent-child relationships formed outside marriage. While this effort to derive parental recognition from biological connection was animated by egalitarian impulses, it too operated within a gender-differentiated, heterosexual paradigm.

and Disparate Statistics, about the use of statistical evidence in evaluating claims of disparate impact.

Cathedral Round-Up #14: The Business of being Harvard

Harvard has an endowment of $37.6 billion.

Yale’s is $25.6 billion.

Princeton’s is $22.7 billion.

Stanford’s is $22.2 billion.

For comparison, the GDP of the entire country of Serbia is about $37 billion per year, and the Apollo Space program spent only $2.18 billion (inflation adjusted) on the flight that landed Neil Armstrong and Buzz Aldrin on the moon.

How did these colleges get so rich? Mostly through investment. According to Wikipedia:

Harvard University‘s endowment (valued at $37.6 billion as of 2015)[1] is the largest academic endowment in the world.[2] Along with Harvard’s pension assets, working capital, and non-cash gifts, it is managed by Harvard Management Company, Inc. (HMC), a Harvard-owned investment management company.[3] …

HMC employs financial professionals to manage the approximately 12,000 funds that constitute the endowment. The company directly manages about one third of the total endowment portfolio while working closely with the external companies that manage the rest.[4]

Jack Meyer managed HMC from 1990 to September 30, 2005, beginning with an endowment worth $4.8 billion and ending with a value of $25.9 billion (including new contributions). During the last decade of his tenure, the endowment earned an annualized return of 15.9%.[5]

The university hired Mohamed El-Erian to succeed Meyer as HMC’s next president and CEO. … He announced his leaving September 12, 2007 to return to PIMCO after guiding the endowment to a one-year return of 23%.[7]

From the Atlantic
From the Atlantic, “Is Harvard so rich that it should be literally illegal?

But these colleges aren’t just rich. Harvard is a brand–a famous brand.

The big-name colleges are famous for their alumni, the wealthy people whose donations to their alma maters go back into their voluminous coffers, to be invested in the stock market and pay HMC’s multi-million dollar salaries:

  • Jane L. Mendillo, president and CEO: $9.6 million ($4.8 million)
  • Stephen Blyth, head of public markets: $11.5 million ($5.3 million)
  • Alvaro Aguirre-Simunovic, natural-resources portfolio manager: $9.6 million ($6.6 million)
  • Andrew G. Wiltshire, head of alternative assets: $8.5 million ($7.9 million)
  • Daniel Cummings, real-estate portfolio manager: $5.4 million ($4.2 million)
  • Marco Barrozo, fixed-income portfolio manager: $4.8 million

Numbers for fiscal year 2013; numbers in ( ) for 2012.

All this, and colleges are still taxed as non-profits.

Getting the right students, then, is critical. What interest has Harvard (or Stanford, Yale, or Princeton, for that matter) in accepting ordinary, hard-working Americans–even exceptionally intelligent ones–who will not become rich or famous? Harvard wants future Kennedies, Bushes, Obamas and Paulsons (John A. Paulson, founder of Paulson and Co., recently gave Harvard $400 million.) Best case scenario, their students absorb Harvard’s particular brand of secular Puritanism, furthering its spread. Worst case scenario, they get a Scalia, who doesn’t share their values but still increases the value of their brand.

(Okay, the actual worst-case scenario is a Nixon, who studied at podunk Whittier College, CA, and thus didn’t help their brand at all. I’m sure you’re all familiar with how the Cathedral treated Nixon.)

People discuss Affirmative Action as though universities had some sort of obligation to–or interest in–providing education for the good of the general populace. The point of the university, though, is to make money and promote the university’s brand. Low-class universities do this via sports, pumping billions into their football programs. High-class universities do this by attaching themselves to future leaders, like Harvard graduates Sebastian Pinera, President of Chile (2010,) Colombian President Alvaro Uribe, Pakistani PM Benazir Bhutto, three Mexican presidents, Peruvian President Alejandro Toledo, Tanzanian PM Frederick Sumaye, etc. According to Foreign Policy Journal:

From 1945 through early 2010, 71 heads of state and government from 41 countries have attended, or earned degrees, or held a variety of special scholarships and fellowships at Harvard or Oxford. …

In the second half of the 20th century, Harvard educated more than 11 percent of the top national American political elite, compared to Yale’s less than seven percent.  One Harvard program alone, the Law School, produced 37 national leaders, in contrast with the 38 who graduated from all of Yale’s colleges combined (author and M. A. Simon The Social Science Journal, 2007).

and according to the Washington Times:

The University of Chicago trained the now-famous “Chicago Boys,” a group a Chilean economists who went on to greatly influence that country’s monetary policy. …

The State Department and private groups keep running lists of foreign dignitaries who studied at American schools of higher education, a list that includes a king in Jordan, a crown prince in Norway and a crown princess in Japan. In some countries, the links can be extensive. When Indonesian President Susilo Bambang Yudhoyono, who got a master’s degree at Missouri’s Webster University, convenes his Cabinet, the group includes alumni of the University of California, Berkeley (defense minister), American University (justice minister), the Wharton School of Business at the University of Pennsylvania (finance minister), UC-Davis (trade minister) and the University of Colorado School of Mines (energy minister). …

In the 2010-11 school year, the number of foreign students in U.S. schools shot up to 723,277, an increase of 5 percent from the previous year, Institute of International Education reported. It has increased each of the past five years, and has risen 32 percent over the past decade. …

Chinese students accounted for much of the recent growth, with the total number from the burgeoning Asian power increasing by 23 percent overall and by 43 percent at the undergraduate level.

In the 2010-11 school year, 157,558 Chinese were studying at American schools, far more than from the No. 2 country, India, which had 103,895. Other nations with rocky relationships with the U.S. — Russia, Pakistan and Afghanistan, among others — also have sent their young people to the U.S.

Even if the most powerful guy in Jordan or the Philippines is an idiot (and I’m not saying he is–I’m drawing countries out of a hat,) it’s still more in Harvard’s interest to say he went to Harvard than some random American of equal IQ. The same is true at home: it’s more important for the most powerful black guy in the country to have gone to Harvard than for the second-most powerful white guy. The big universities of course want smart people, but they want powerful people even more.

In 2015, seven students–Fernando Rojas, Munira Khalif, Stefan Stoykov, Victor Agbafe, Pooja Chandrashekar, Harold Ekeh, and Alexander Roman–got into all eight Ivy League colleges. These students have one thing in common: they’re all immigrants.

(Since the Daily Mail is written by idiots, the writer didn’t realize that MIT is actually more prestigious than most of the Ivies.)

Kwasi Enin, another immigrant, was accepted into all eight Ivies in 2014 with a 2250 on his SAT (you can also read his essay here,) which is equivalent to a 1490 on the old, 1600-max score SAT. For comparison’s sake, if I had scored a 1490 on my SAT, my parents would have demanded to know what went wrong during the test.

Kwasi has teemed up at Yale with Shaan Patel, another immigrant and member of one of India’s upper castes, to help highschool students do SAT prep/apply for college. (Step one: Don’t be an American.)

To be fair, the immigrants likely have one thing in their favor independent of Harvard’s preferences: many of them grew up in poorer neighborhoods, unable to buy their way into the “good” school districts, where it was easier to out-shine their less-intelligent peers. While Americans labor under the illusion that schools make a significant difference in how smart students are, immigrants tend to believe that your parents making you study makes you smart.

But keep in mind that every year, Harvard rejects students with perfect SAT. The chances of getting into all 8 Ivy League schools is astronomically low; the chances that all 8 students who did so happen to also be immigrants/the children of immigrants is even lower, unless the Ivies are specifically selecting for them–and many of these immigrants are then used to fill the universities’ Affirmative Action quotas, because it is easier to find high-scoring Nigerians, Kenyans and upper-caste Indians than high-scoring African Americans.

In short: Universities want Affirmative Action because it benefits their bottom lines.

Cathedral Round-Up #12: The Rise of Mommy-Law

After reading several books and numerous articles by lawyers of various stripes, you can’t help but notice their philosophy of law. (In this case, Just Mercy, by Bryan Stevenson, and The Real Watergate Scandal, by Geoff Shepard.) Now, I am sure that actual legal scholars and philosophers have developed a whole vocabulary and system of concepts for discussing these sorts of things, but as I am not a legal philosophy scholar, I am limited to my own bumbling language.

The American legal tradition, from the Constitution on down, is based on the notion that man is his own sovereign; judges do not advocate on behalf of one person or group, but dispassionately arbitrate between them.

Thus the First Amendment:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

Government does not chose a side.

For the first two hundred years or so of our country, the proper functioning of law was seen as protecting the interests of the individual, both against predation by others and from over-reach by the state. Just as the scientific method protects truth by demanding a theory be falsifiable and tested against this counter-scenario, so the legal system protects freedom by putting the burden of proof on the Prosecution and demanding that the accused be treated as “innocent until proven guilty.”

Properly functioning, the law protects the individual. This idea of law-functioning-as-intended-protects-people is found in both Just Mercy and The Real Watergate Scandal, in which both authors describe cases of judges and prosecutors interfering with the proper functioning of law to deprive defendants of a fair trial. A fair trial, they argue, would have exonerated their defendants.

Obviously this view is still current among lawyers, who like to see themselves as moral people who deserve their paychecks. But among non-lawyers, the view seems to have shifted radically over the past few decades. SJWs in particular seem to have decided that the legal system is not as the protector of rights, but the protector of oppressors.

To some extent, this is due to the absolutely true fact that rich people can afford better lawyers than poor people can, corporations use the legal system to drive down competition, and there are so many laws now on the books that if they want to arrest you, they can almost always find something to charge you with.

And while the BLM crowd appears to be statistically incorrect on the matter of cop-on-black shootings, they are absolutely correct that there are a lot of black people in prison: “One in six black men had been incarcerated as of 2001.”

But these are, we might argue, a practical matter, easily resolved by repealing drug laws or forcing everyone to use public defenders or some other measure I leave for you to imagine. Increasingly, though, it seems like the very ground rules of a “free society protected by laws” are coming under attack.

Take Freedom of Speech.

Free Speech has historically been regarded as necessary for the existence of a free, democratic society, both because it is impossible to discuss important political matters if certain opinions are not allowed to be expressed, and because it is an insult to free men to dictate what they may and may not discuss. That Freedom of Speech covers matters deemed noxious to common sentiments like pornography, flag burning, or KKK rallies was seen mainly as an unpleasant but generally ignorable side-effect of a properly functioning legal necessity. Thus even the hyper-liberal ACLU would defend the rights of the KKK to march and pornographers to publish.

Today, by contrast, Freedom of Speech is regarded by many on the left not as defending their own rights, but as a legal fig leaf to protect bigots, Nazis, Klan members, and Charlie Hebdo while they spread their vile, hate-filled messages.

According to Gallup, 27% of college students favored campus restrictions on  “expressing political views that are upsetting or offensive to certain groups;” 69% favored restrictions on “slurs” and “intentionally offensive” speech; and 63% want their administrations to ban offensive Halloween costumes. Further, 40% of Millennials want the government to restrict speech “offensive to minorites.”

See: Yale’s costume crisis:


(Since Youtube crashes my computer, please let me know if I don’t have the best video.)

When you start demanding that the authorities dictate which costumes you can wear while screaming in outrage at anyone who suggests that you might be old enough to dress yourselves, you don’t want freedom, you want mommy.

That’s why I call this the rise of Mommy Law, a legal philosophy in which the government’s proper role is no longer to mediate between equals, but to defend the helpless–blacks, women, LGBTQIAs, Muslims, etc.–from their oppressors. It is implicit, under Mommy Law, that these groups have no agency of their own and could not take care of themselves without the government’s help.

Thus, for example, it is now seen as the proper role of law to award millions in damages to gay couples just because someone objected, on religious grounds, to baking them a wedding cake. Likewise, the government has decided it is inappropriate to investigate the Orlando shooter’s Islamic ties, because that would disproportionately impact Muslims.

Interestingly, criminal law–especially as it relates to rape–has been the locus of much of this change for decades. Just Mercy goes into this in some depth, because changes in criminal law over the past few decades have ironically had a major effect on black people, so I regret deeply that I do not have the text at hand to quote for you. In short, IIRC, the emphasis in criminal court cases shifted from the “state” prosecuting a criminal who had disturbed the common order (hence the phrasing, “The State of X vs. Joe Bob,” to the state acting on behalf of the victims. Certain rights of the defendant related to cross-examination of witnesses, especially child victims of rape and other violent crimes, have been curtailed to avoid distressing the witnesses.

(Children, of course, actually are helpless and should be treated as such, but the feminist demand that we “Believe the Children” has still led to many people being incarcerated on obviously false charges, like flying through the air on a magic broom.)

This is all quite understandable in light of the feminists’ War on Rape, which you should be familiar with if you’ve ever spent 5 minutes around feminists. Unfortunately for the feminists, most rapes are difficult to prosecute under normal legal standards. Unlike robbery, in which the transfer of one man’s wallet to another man’s pocket is clearly a crime, people–even strangers–engage in consensual sex all the time. In a great majority of cases, we have nothing more to go on than the testimonies of the two people involved, one of whom claims consensuality and one of whom claims not. Victory in such cases requires lower standards of evidence and a weakening of the presumption of “Innocent until proven guilty.”

And with that very long introduction, here are some recent articles from the Yale Daily News:

State Passes Affirmative Consent Legislation:

Last Wednesday, the Connecticut Senate voted 35 to one in favor of a bill requiring both private and public colleges and universities in the state to adopt affirmative consent as the standard in handling cases of sexual misconduct on campus.

Commonly defined as “yes means yes,” the affirmative consent standard puts the burden of proof on the accused party, who is now responsible for demonstrating that affirmative consent was given before any sexual activity took place. Lawmakers in support of the bill stressed that affirmative consent means “active, informed, unambiguous and voluntary agreement” and will help university administrators handle sexual misconduct on campus with greater efficacy and clarity. Several Connecticut universities, including Yale, already use an affirmative consent standard. …

Students from different colleges and universities across the state gathered in front of the Connecticut State Capitol in April to demonstrate their support for the bill when it was being considered in the House.

Philosophy Community Signs Open Letter in Striking Rebuke of Pogge:

Nearly a month after sexual misconduct allegations arose against renowned Yale philosophy professor Thomas Pogge, simmering anger within the philosophy community has turned into open outrage as more than 200 philosophy professors around the world — including 16 full Yale professors — have signed an open letter condemning Pogge’s alleged misconduct. …

… philosophy professor Shelly Kagan, who was department chair when Pogge was hired, said what Pogge has admitted to doing is inappropriate and unprofessional. During a 2011 UWC investigation, Pogge acknowledged that he had shared a hotel room with Lopez Aguilar and slept on her lap during a flight, although he added that both actions were suggested by her.

“The things about going to the conference with a former student and sharing a hotel room and he admitted to sleeping with his head on her lap. That is not appropriate behavior,” Kagan said in an interview with the News…

Even Affirmative Consent won’t save Pogge.

Teammate launches fundraiser for Montague:

“Just months from graduation and weeks before our basketball team clinched an Ivy League title, Jack Montague was forced to leave school and abandon his team in light of a university sexual assault investigation that presented no evidence that proved his guilt. Not only was Jack stripped of a Yale degree which he had worked over three and half years to earn, he was also denied the once in a lifetime opportunity to play in the NCAA tournament alongside his teammates,” …

The basketball team drew criticism earlier this year for demonstrating support for Montague after rumors of his expulsion began to circulate. In a Feb. 26 home contest against Harvard, 16 days after Montague was expelled, the team took to the court wearing T-shirts with the former captain’s nickname and number on the back. The following week, posters appeared around campus condemning the team for “supporting a rapist.”

Montague suit one of more than 100 alleging universities violated students’ rights:

Filed in a federal court last week, Montague v. Yale University et. al joins more than 100 recent civil suits alleging that college students accused of sexual misconduct were not granted fair hearings in campus proceedings. …

In one of the most powerful critiques of university sexual misconduct procedures, presiding judge F. Dennis Saylor denied Brandeis’s motion to dismiss charges in March, ruling that four of the eight charges, including the breach of contract charge, could stand. …

Explicitly supporting the lower evidence standard mandated by the U.S. Department of Education’s Title IX compliance guidelines, Saylor questioned whether Brandeis’s sexual misconduct procedures have gone too far. …

In recent years, dozens of universities have been taken to court for their handling of sexual misconduct allegations. Lawsuits claiming that accused students’ due process rights were denied have proliferated since the Department of Education’s Office of Civil Rights issued a public letter to Title IX coordinators in April of 2011. The 19-page document, known as the “Dear Colleague” letter, laid out a series of guidelines for educational institutions that receive federal funding and are thereby obliged to comply with Title IX, the clause of the Education Amendments of 1972 that prohibits discrimination on the basis of sex.

Perhaps most significantly, educational institutions were instructed to use a “preponderance of the evidence” standard  — meaning, the letter explains, “it is more likely than not that sexual harassment or violence occurred” — when investigating allegations of sexual harassment or violence.

This lower standard, used in campus proceedings involving sexual misconduct but not in criminal cases, reduces the level of certainty required to find students guilty of sexual misconduct, opening the door for students to claim that their due process rights — to hear and respond to evidence, or to cross-examine opposing witnesses, among others — were violated.

Due process is a constitutional right, but Rendell-Baker v. Kohn (1982) ruled that private universities are not required to adhere to the same standards of due process as courts. A student undergoing a Title IX investigation at a college is not guaranteed the same rights — a jury of one’s peers or the right to know opposing evidence, for example — as a criminal who committed a comparable crime in a non-university setting.

So what else has been going on at Yale?

Yalies Mourn and Offer Support in Wake of Orlando Shooting

Galvez said she was away from campus when the tragedy took place and found it difficult to grasp that people of her community are dying for being their authentic selves.

She added that the shooting was a violation of a safe space for queer people of color, who have been deemed unworthy of love, civil liberties and now the right to live.

“Our Latinx, LGBTQ and Yale communities at large are hurting — we are mourning for our hermanxs,” she said. “There are some that will use this incident to target those in our Muslim communities, however, it is love and not hate that will help us in our path towards alleviating our hearts. Indeed, our Muslim hermanxs are also hurting and mourning with us.” …

As a non-native Spanish speaker, I suppose I don’t have a right to get anal about the butchering of grammatical gender endings in English-renderings of Spanish words, but how do you even pronounce “hermanxs”?

I remember those long ago days of Spanish class, when we first learned about this whole concept of “grammatical gender” and how it operates in Spanish, and some of us started bristling up and saying, “But isn’t that sexist?” Our Mexican teacher immediately shot us down. No, grammatical gender is just part of how the language operates, not an expression of how people feel about men and women.

According to Wikipedia, Proto-Indo-European had to genders, “Animate and Inanimate.” Oh those bigots! Latin had three genders, indicating that the Romans were really into trans rights. Swahili has 18 genders, evidence of severe mutation after a nuclear accident (also, ninja turtles.) English has only a few evil words left, like “duchess,” because it is the current year and we are now enlightened.

(Duchessship is one of the few words in English with three identical letters in a row.)

Etymologically, the term “gender” in “grammatical gender” actually doesn’t mean “the word is a girl or a boy.” It just means “type” or “kind,” as in the word “genus,” a taxonomic rank above species but below family for classifying groups of animals, eg, house cats and wildcats are both in the genus Felis.

I am an absolute blast at parties.

Continuing on…

He added that the majority of the Orlando victims were Blacks or Latinx enjoying Latin Night at Pulse nightclub, a place where people should be able to dance free from stigma and discrimination. That many have overlooked this important fact or used the tragedy to scapegoat Muslims is frustrating, Paredes said. …

LGBTQ Co-Op Coordinator Kyle Ranieri ’18 said the Orlando shooting has deeply affected him and many of his queer friends. To attack gay clubs and bars is to devastate “the epicenter of queer communities,” Ranieri said.

Ranieri said he is pleased with Salovey’s email, which recognized the tragedy as a targeted attack against the LGBTQ Latinx community, but he expects the administration to take steps to ensure a safe campus for queer people of color in the coming semester.

It’s Yale’s job to keep gay blacks and Hispanics safe from the likes of the Orlando shooter, but not from Muslims.

The Divide: A portrait of Muslim Student Life at Yale:

Ishrat Mannan ’17 stood by a lonely table, pamphlets in hand. Her disinterested classmates streamed past her, lining up to attend the event of the day: a talk by Ayaan Hirsi Ali, titled “Clash of Civilizations: Islam and the West.” Even though the physical distance that separated them could not have been more than a few feet, Mannan found that she and her fellow Yalies might as well have been in different ideological worlds. In one, Islam was a symbol of peace and a way of life. In the other, it was a foreign relic of a bygone era, interesting to study but not to take seriously. “That huge divide,” recalls Mannan, “just felt really, really disheartening.” …

Acceptance can be hard in a place as secular as Yale.

Whether it is in Global Affairs or Modern Middle East Studies, Islam is usually taught from the specific viewpoint of radical violence and national security. It’s not that good classes about Islam don’t exist at Yale. Rather, it’s that students choose not to take them.

“[Classes about Islamic civilization] are not the popular, sexy classes that get high attendance,” says Bajwa. “Muslim civilization, Muslim history, intellectual history, social history, Muslim culture’s contributions to society, those are the classes that have anemic attendance.” …

I can’t imagine why.

Yale’s general academic attitude toward Islam is just the tip of the iceberg. If anything, it is reflective of subtle Islamophobia on parts of campus. This tension between the Muslim and non-Muslim Yale communities has manifested itself more than once in Yale’s recent history.

Seven years ago, the master of Branford College invited Kurt Westergaard, one of the 12 Danish cartoonists who drew offensive cartoons of the Prophet Muhammad in 2005, to a Master’s Tea. …

Then in 2012, the New York Police Department’s massive spying operation on at least 15 Muslim student organizations across the country came to light, and with it the revelation that Yale students had been the unwitting targets of extensive surveillance, suspected solely on the basis of their religion. The incident hit hard, but fortunately the Yale administration issued a statement of support for the Muslim community on campus, with former University Vice President Linda Lorimer telling the News that Yale “supports [the MSA’s] goals and aims and is grateful for its leadership on our campus,” adding that she had been “both inspired and educated by the MSA.”

I think that is the opposite of Islamaphobia on campus, but who can keep track of such detaisl?

Perhaps the toughest blow, though came last year, with the William F. Buckley Jr. Program’s invitation of Hirsi Ali, a well-known anti-Islamic speaker. …

Who is this Hirsi Ali? According to Wikipedia:

Ayaan Hirsi Ali … is a Dutch-American activist, author, and former politician of Somali origin. She is a leading opponent of female genital mutilation, and calls for a reformation of Islam.[1]

Ayaan was born in 1969[14] in Mogadishu, Somalia.[15] Her father, Hirsi Magan Isse, was a prominent member of the Somali Salvation Democratic Front and a leading figure in the Somalian Revolution. Shortly after she was born, her father was imprisoned owing to his opposition to the Siad Barre government.[16][17]

Hirsi Ali’s father had studied abroad and was opposed to female genital mutilation. But, while he was imprisoned, Hirsi Ali’s grandmother had the traditional procedure performed on five-year-old Hirsi Ali.[16]

After her father escaped from prison, he and the family left Somalia, going to Saudi Arabia and then to Ethiopia, before settling in Nairobi, Kenya, by 1980. There he established a comfortable upper-class life for them. Hirsi Ali attended the English-language Muslim Girls’ Secondary School. By the time she reached her teens, Saudi Arabia was funding religious education in numerous countries and its religious views were becoming influential among many Muslims. A charismatic religious teacher, trained under this aegis, joined Hirsi Ali’s school. She inspired the teenaged Ayaan, as well as some fellow students, to adopt the more rigorous Saudi Arabian interpretations of Islam, as opposed to the more relaxed versions then current in Somalia and Kenya. Hirsi Ali said later that she had long been impressed by the Qur’an and had lived “by the Book, for the Book” throughout her childhood.[18]

Yup, Hirsi Ali is clearly an ignorant, anti-Muslim bigot. Back to Yale:

What started off as a small event exploded into a raging firestorm that drew in the national media and numerous student organizations across campus. Arguments were made, op-eds were written, letters were sent, and before anyone knew it, Hirsi Ali’s event had somehow evolved into an epic showdown between protecting free speech and preserving a safe space. … “A lot of people have become very open about how disillusioned they are with Yale,” says Mannan…

Just as it is really hard to be black at Harvard, it’s really hard to be Muslim at Yale.

Money Talks: Yale recently decided to name one college after Anna Murray (“an intellectual, an activist and member of the clergy” and “a queer woman of color and civil rights activist) and one after Benjamin Franklin (due to one donor’s request,) and some students are unhappy:

But we shouldn’t honor one donor’s request that stands so wildly in contrast to the prevailing opinion and wishes of students on campus. … But it’s also true that Yale students today are unimpressed — and angry, saddened and deeply frustrated — with this naming decision. But one day, some of us will have wallets that rival Johnson’s, and will be in a position to make these types of decisions to steward and direct this institution. Yale is raising us to be its future alumni, and as future alumni, we can perhaps — as a whole — value the voices of students on campus over our own egos. We must hope for more decisions that look like Pauli Murray College, and much fewer that look like Franklin.

They should have named it after Hamilton.

Our Missed Opportunity:

Amidst the tears and painful conversations last semester, a note of optimism hung in the air. The March of Resilience in November affirmed a widespread commitment to, in University President Peter Salovey’s own words, “a better Yale.” Student activists delivered concrete policy demands to administrators, with some tangible results. Despite the University’s past failures to address the concerns of students and faculty of color, there was a glimmer of hope.

At around 5:30 p.m. Wednesday, that hope was unceremoniously dashed.

Murray College, a symbol of progress and equality, will stand next to Franklin College, whose name seems to have carried a $250 million price tag.

The new college will be permanently engraved with the name of Benjamin Franklin, a slaveowner whose only affiliation with Yale is one honorary degree.

Ben Franklin dashed their hopes.

Yale will eliminate a title to which few were attached, and name one residential college after a queer woman of color. But in deciding to do so, they have paradoxically insulted the very students who have fought so hard for change. When paired with its calculated verdicts on Calhoun and Franklin College, the symbols of progress start to look rather unprogressive.

That’s because protesting over the names of colleges is actually really dumb.

Salovey: We cannot seek truth by hiding it:

Some students have expressed the view that their engagement and advocacy in the fall were wasted. Nothing could be further from the truth. We value your voices, and the initiatives we announced then and now reflect our respect for the student, alumni, faculty and staff who participated.

Initiatives for a more inclusive Yale, some already underway and others newly announced in November, are being implemented. We want to be held accountable as we fulfill important commitments to strengthen the academic enterprise, expand programs for students, improve institutional structures and increase representation of diversity on campus. …

Scholars and students across the University engage in these activities each day. The research and education mission of the Gilder Lehrman Center for the Study of Slavery, Resistance and Abolition at Yale is a major participant in conversations on campus and across the nation. The new Center for the Study of Race, Indigeneity and Transnational Migration will add new voices, on our campus and around the world. We must use our voices and our influence as students and as educators to share that knowledge with broader society and seek solutions, not just solace. …

Help us shape the historical study of names and memorials to be undertaken throughout the campus. The Committee on Art in Public Places requests student and faculty insights into what iconography we must create and change to better reflect the nature of our community and our history. Submit a proposal to the juried competition that will select a piece of art to defy the beliefs of John C. Calhoun by shining a light on equality and justice.

Let us end with Yale News’s Commencement 2016 Opinion:

But college is no easier at Yale than anywhere else. In these four years you have lost friends, flunked tests and cried in courtyards when you realized life was more confusing than an admissions brochure made it out to be. You have turned tears into change as you held your Yale accountable. You have called for racial justice, environmental change, mental health reform, sexual consent, international human rights and so much more. From New Haven to St. Louis, college voices like yours are shaping the course of this country. And in expressing your experience of isolation and oppression, you found a community and a home here. Perhaps this is the most important lesson you have taught us: None of us are alone.

Cathedral Round Up #4 (no heroes for you)

Today we come to a flaw in my methods: I usually write my posts a few weeks before they actually go up. Normally, this is not an issue–genetics tends not to change very much from week to week. And to keep a them evenly paced, I just write each Cathedral Round up on the day the previous one goes up. Since articles from the Yale Law bulletin or Princeton Magazine are not normally of interest to outsiders, the delay between publication and commentary hasn’t been a big issue.

But this month, all the stuff going on in the echelons of higher education has made it into the actual news! Do you know how weird it is to suddenly have relatives complaining about student protests at Yale or U Missouri? Obscure campus news–that’s my schtick, not theirs.

Next month, I’m going to try out a new methodology for keeping the Cathedral Round Up both on-schedule and topical. For today, though, here’s what was going on before all this stuff broke into the media:

This month, I decided to focus on Yale, Princeton, and Penn (though Stanford managed to sneak back in, because Stanford.)

Yale is in the process of cannibalizing itself. Princeton is halfway there, but some students are still holding out due to Princeton’s stronger culture of elitism. Poor Penn is never going to get taken seriously as an Ivy so long as it continues insisting on publishing mostly reasonable articles about itself, instead of concentrating on world-breaking levels of crazy.

The Yale Alumni magazine has a transcript of Deal Holloway’s Freshman Address, Yale’s Narrative, and Yours, (gosh, that comma bugs me. Commas are for lists of three or more things, or separating two different actors in a sentence, eg, “She went to the store, and I vacuumed the house.” This title should not have a comma,) which I am going to quote quite a bit from because it is just so awful:

Class of 2019, I am thrilled to see you and look forward to getting to know you well in the years ahead. … But who, exactly, are you? You hail from across this country and from around the world. Many of you are the children of parents who are already Yale alumni. More of you will be the first in your families to graduate from college at all. Most of you went to public school. Nearly half of you are receiving financial aid. …

I’d like you to turn to the images that are in your program. … The images you see are something of a triptych—three different paintings of British merchant Elihu Yale that when brought together tell a fascinating story. For those who don’t already know, Elihu Yale rose to power and accumulated wealth through his leadership in the East India Company. In 1718, Yale received a request to finance a new building for the Collegiate School of Connecticut, a small enterprise founded in 1701 for the training of Congregationalist ministers. Yale sent hundreds of books, a portrait of King George I, and bales of goods that were later sold to finance the building. In short order, the Collegiate School was renamed in his honor. …

In all of the paintings Elihu Yale is wearing and surrounded by sumptuous fabrics. … In the two paintings on side one we see ships in the distance—a reference to the fact that Elihu Yale built his career on trade that navigated the ports in the British empire. In the second and third paintings we see an unidentified attendant. Much like the wearing of exquisite clothes suggested, placing a servant in a portrait was an articulation of standing and wealth. But when we look more carefully at these two paintings we notice that in addition to the fine clothes the servant and page are wearing they also happen to have metal collars and clasps around their necks. What we are seeing in each painting, then, isn’t a servant or a page, but a slave.

We are fairly certain that Elihu Yale did not own any slaves himself, but there’s no doubting the fact that he participated in the slave trade, profiting from the sale of humans just as he profited from the sale of so many actual objects that were part of the East India trade empire. As such, Elihu Yale’s wealth was linked to a global economy that was deeply, practically inextricably, interwoven with the sale of human beings to other human beings. In fact, when we look at the paintings it is safe to assume that Elihu Yale was a willing participant in that economy. Since he could have selected anything to represent him in these paintings we can conclude that he chose to be depicted with enslaved people because he believed this narrative would best signify his wealth, power, and worldliness.

This is a difficult story to hear, especially on an occasion of welcoming and celebration. But I share it with you because just as proper histories are unafraid of their darker corners you should be unafraid to ask difficult questions of this university. Indeed, we expect you to do so.

The first of your three images hangs in the Corporation Room of Woodbridge Hall—the nerve center of the university. That this specific portrait hangs there, however, is fairly recent history. Until 2007, the second painting of Elihu Yale you see in the program insert is what you would have found in the Corporation Room. That year, recognizing that this representation was terribly jarring whether it was understood in its historical context or not, the university removed the painting. …

So, Class of 2019: here you are, in a place that has been waiting a long time for you to arrive, a place where you emphatically belong. Whatever your race, religion, wealth, sport, political philosophy, taste in music; whatever your sexuality, your passport’s origin, or the number of stamps in your passport, this place is yours, ready for you to make your contribution to it. …

You have come here at a unique moment, when this university engages with questions of its own identity, at a time when national conversations about race have shined a light on social constructions and assumptions that for many (but not for all), have lain dormant for decades, if not centuries. …

I have to interrupt here. Who the fuck thinks that our ideas about race have been lying dormant for centuries? WHAT DOES THAT EVEN MEAN? Were there no Civil Rights marches in the 1950s? Did no one in the 60s and 70s ever mention race? Did we never celebrate Martin Luther King Day in school? Are there no streets named in his honor? People talk constantly about race, but for some strange reason keep claiming that we have not been talking about race.

These big questions will form part of the education that awaits you, even more than problem sets, term papers, or exams. But so will the conversation that begins today, as you write your own story and build your own Yale.

This is hard but joyous work, and you embark on it with many others. Joining you are your peers and your professors, the friends you are about to make, and the students who have preceded you. I join you, too.

Welcome to this work. Welcome to this place. Welcome to Yale.

TL; DR: White history is shit and white people should feel bad. Welcome to Yale!

The President of Yale, Peter Salovey, also gave a Freshman Address, “Launching a Difficult Conversation.” Let’s see if it is any better:

Good morning and welcome, Class of 2019, family members, and colleagues sharing the stage with me.

Well, as the events in South Carolina shook the nation, many members of our own community could not avoid considering a matter that ties us here in New Haven to similar questions of history, naming, symbols, and narratives. …

About one in twelve of you has been assigned to Calhoun College, named, when the college system was instituted in the 1930s, for John C. Calhoun—a graduate of the Yale College Class of 1804 who achieved extremely high prominence in the early nineteenth century as a notable political theorist, a vice president to two different US presidents, a secretary of war and of state, and a congressman and senator representing South Carolina. …

Calhoun mounted the most powerful and influential defense of his day for slavery. …

Are we perhaps better off retaining before us the name and the evocative, sometimes brooding presence of Yale graduate John C. Calhoun? He may serve to remind us not only of Yale’s complicated and occasionally painful associations with the past, but to enforce in us a sense of our own moral fallibility as we ourselves face questions about the future.

So it was not surprising that within a short time of the massacre and subsequent debate in South Carolina, we found that the issues of honoring, naming, and remembering that have occasionally surfaced regarding Calhoun College returned to confront us again. …  And inevitably we found ourselves wondering, and not for the first time, how best to address the undeniable challenges associated with the fact that Calhoun’s name graces a residential community in Yale College, an institution where, above all, we prize both the spirit and reality of full inclusion. …

As entering Yale students of the Class of 2019, what are your obligations to wrest from this place an education that encourages you to question tradition even while honoring it, to chart your own history even while learning from the past, to enter fully into difficult conversations even while respecting contradictory ideas and opinions?I know in the next four years, you will make progress on figuring all this out. Let’s get started together. Let’s get started today.

Yale has, apparently, no heroes worth honoring or inspiring its students to emulate, only villains. The grand duty of Yale students is to decide whether their past heroes should cast out and forgotten, or remembered solely as a warning about evil.

On a related (but funnier note): Yale still receiving money from evil, evil capitalists:

Take Yale’s bond from a Dutch water authority: it was originally issued in 1648, it is inscribed on goatskin, and recently, it added €136.20—about $153—to Yale’s coffers. … the bond was acquired as part of “a collection that traces the history of capital market development and financial innovation.”

Then in quick succession, just to drive home the point: Faculty Departures Raise Diversity Questions, What Color is Yale’s Faculty, and It Can’t Just be the Righteous Few (about the NAACP’s new leader.)

A bestselling memoirist, the poet for Barack Obama’s first inauguration, and Yale’s first endowed professor of poetry, Elizabeth Alexander ’84 is one of Yale’s highest-profile professors. But not for long: Alexander is leaving the Yale faculty for Columbia next fall.

Her departure, along with that of anthropologist Vanessa Agard-Jones ’00, also for Columbia, was reported in the Yale Daily News as a sign of “systemic problems” in Yale’s efforts to make its faculty more diverse. (Alexander and Agard-Jones are both African American.)

Really? You could have fooled me:

Elizabeth Alexander, poet
Elizabeth Alexander, definitely a black person.
Rachel Dolezal
Rachel Dolezal, definitely a white person.

At least Agard-Jones is actually a black person, though calling her an anthropologist is a bit misleading. She actually describes herself as, “an Assistant Professor of Women’s, Gender + Sexuality Studies at Yale University. … As a political anthropologist, I specialize in the study of gender and sexuality in the African diaspora. Anyway, the article goes on:

Columbia has invested $63 million in its faculty diversity initiative to finance “recruitment, support, and related programs” since 2012.

“We have not made nearly enough progress on diversifying the faculty, and my colleagues in the higher administration know that I have long believed we need to have powerful commitments from on high, both in continued, stated vision and also with extensive resource allocation,” Alexander told the News. “Yale lags behind its peers where we should be leaders, and [faculty diversity] goals, in my opinion, should be a priority, as they are elsewhere, including Columbia.”

Ultimately, it all comes down to money. Qualified black professors are few and far between, and so capable of commanding much higher salaries than they would if they were white.

The world does not need more scientists, engineers, or people who build complicated systems for the delivery of electricity or removal of waste. The world needs more vaguely black-looking poets and gender studies professors. Those are the folks who will bring us the next set of civilization-building innovations!

Here at Yale, your worth as a person is not determined by what you do, by what you accomplish, or by the content of your character, but by the color of your skin. And maybe your sexual proclivities and gender.

I have a proposal: Let’s rename the whole shebang. Get rid of “Yale”. Let’s rename them “Rosa Parks University” and “Caesar Chavez College” and be done with it. It’s not like anyone actually cares about Elihu or Calhoun, except as representatives of a hated history.

Penn had an interesting article on helping ex-cons start companies by teaching them how to fill out paperwork, but that kind of practical approach to the world will never get Penn the kind of attention it needs to be a world-class university.

Meanwhile, over at Princeton, one of the nation’s most prestigious and selective colleges, a student noticed that in order to have a functional social club that pursues a particular interest (in this case, literature), some people have to be excluded. The student therefore decided not to join a social club, because excluding people is bad.

Princeton: Revoke Cosby’s Honorary Degree

Penn: Revoke Cosby’s Honorary Degree

That’ll stop rape!

Here I need to stop and mention an article in the Stanford Daily, “‘One in Five’ Takes action to combat sexual assault“:

A group of students is in the process of creating a new student organization that aims to raise awareness and educate the community on the subject of campus sexual assault. …

Because no one has ever done that before. Seriously, I bet no one on the entire Stanford campus has ever thought to raise awareness of sexual assault before.

The idea for the student group grew out of a Sophomore College course this summer called “One in Five: The Law, Policy and Politics of Sexual Assault” with law professor Michele Dauber. The group will be called One in Five after the class.

The three-week experience was “completely immersive,” according to Dauber.

“Immersive”? What, did they rape the students in the course?

 

In The Problem with Philanthropy, a Princetonian critiques Effective Altruism on the grounds that capitalism is evil:

Perhaps more troubling than Whitman or Rockefeller are the cases of individuals like Matt Wage ’12. Wage took Peter Singer’s ethics class and decided to work on Wall Street after graduation in order to make large amounts of money that he could then donate to life-saving causes. In his book, Singer argues that Wage exemplifies the model of effective altruism, a concept that enshrines individual charity as the most effective force for good while ignoring entirely the power of collective action against structural injustice.

Wage joined a toxic system of finance dominated by rent seekers that helps maintain an environmentally unsustainable global economy. This economy is already taking lives and bringing suffering [PDF] for some of the world’s most vulnerable populations. While Wage can take credit for the lives that he has supposedly saved with his Wall Street earnings, he can also conveniently ignore his complicity in a system of finance inextricable from climate injustice as well as other forms of oppression like private prisons, sweatshops, the domestic and global exchange of weapons and practices like insider trading, cronyism and corruption.

If you look at the PDF about “taking lives and bringing suffering,” you’ll note that Wage is being blamed for global warming.

While I actually dislike Wall Street and economic theories based on the idea of endless growth, which are bad for long-term resource maintenance necessary for people to have nice lives, this is not a critique of Effective Altruism. Coherent critiques of EA exist, but “EA => Global Warming!” is not one of them.

Princetonian feminists would like to let us know that male sexuality is still disgusting, and I would like to remind you that colleges are breeding grounds for disease.

Finally, Princeton students are questioning the Legacy of Woodrow Wilson, a Racist Bigot:

… it is time for our University to reevaluate its blind veneration to its deeply racist demigod. … This response assumes that Wilson’s racist actions were minuscule despite the fact that he actively worked to destroy, hinder and thwart the communities of black and brown peoples in America. … I told the administrator that Wilson is arguably the most racist U.S. and Princeton president, and the administrator agreed that Wilson was indeed racist.

I think the Cherokee might disagree with that assessment.

Remember: no heroes. Ever.

 

cathedral round up #2

In the WTF file: Ex-Harvard Student Brittany Smith Sentenced to Three Years in Prison

“On May 18, 2009, just two weeks before Smith’s graduation from Harvard, her boyfriend Copney and two accomplices shot and killed Cosby in the basement of Kirkland’s J entryway.

“An aspiring songwriter from New York City who frequently visited Smith and stayed in her room, Copney was convicted of felony murder of the first degree at the conclusion of his trial in April. He was sentenced to life in prison without the possibility of parole. …

“A senior in Lowell House at the time, Smith watched Jiggetts load the gun in her room before the men brought Cosby to Kirkland House to arrange the drug rip. Smith gave Copney and his accomplices her Harvard ID to gain access to the Kirkland basement, where Cosby was shot. Cosby later died from a bullet wound to his abdomen.

“Upon Copney’s return from Cosby’s shooting, Smith hid the gun in her blockmate’s room in a bag under her bed. She then called a taxi to help with the men’s getaway to South Station, where the four boarded a bus to New York. Smith returned to Harvard the next day.”

According to HuffPo,

“Prosecutors said Cosby, 21, was shot during an attempted robbery by Smith’s former boyfriend, Jabrai Jordan Copney, and two other New York City men.”

Harvard, is this the kind of student you’ve sunk to admitting?

In a related matter, Education Department Dismisses Admissions Complaint:

“The U.S. Department of Education has dismissed a complaint filed against Harvard this spring by 64 Asian-American groups accusing the University of discriminating based on race in its admissions practices.

“The complaint, filed in May, accused the University of unfairly denying admission to highly qualified Asian-American students while admitting similar applicants of other races.”

Everyone knows they do it, but they still get away with denying it. (A similar lawsuit is ongoing, though.)

Also, via iSteve: MIT shits on one of its minority groups, white men:

“The MIT Physics Department is committed to increasing the diversity of its faculty and student populations to improve our excellence and to better serve the society that supports our work.”

“Like in many physics departments, white males are over-represented in our student and faculty populations.  There are several reasons to pursue change, seeking to increase the number of women and under-represented minorities in our community:”

Make that two minority groups: “Under-represented minorities” is code for “Piano-playing Asians need not apply. We have enough of you already.”

The whole thing is a painful ball of nonsense and lies. Putting more of group X, Y, or Z into the MIT physics department has zero effect on whether or not the department serves the society that supports its work. For that matter, who the hell do you think supports the MIT physics department? Asian men, white men, and Jewish men. THOSE ARE THE PEOPLE THAT SUPPORT YOU. Don’t shit on them.

When I need some physics, maybe a quark proven to exist or a new state of matter created, do I care the race or gender of the physicist? No! I just want them to prove that quarks exist and create new states of matter.

MIT, stop hurting my soul.

Meanwhile, Yale Law’s professors have been focusing on police:

Law professor Tracey Meares is interviewed about Sandra Bland in Sandra Bland Video Shows An Argument With Police Officer:

“TRACEY MEARES: It’s a pretty good example of a police officer. He’s angry because she said no.

“KASTE: Tracey Meares is a professor at Yale Law. She was also on President Obama’s police reform task force. She’s actually surprised by how well this traffic stop went at first. But the cigarette was the turning point. Meares says it looked like a case of contempt of cop. That’s when a police officer tries to reassert authority in the face of disrespect. And she says it’s not justified.

“MEARES: Given that he is a police officer with the power to take her life that it’s incumbent on him to make the first move and maybe tolerate a little bit more disrespect.”

and in State Child Advocate; Policing in the 21st Century:

“Also, we’ll sit down with a Yale Law professor who is on President Obama’s task force examining policing, as America grapples with a series of deaths of African Americans after confrontations with police.”

(The rest of the interview is audio, so you’ll have to listen to it yourself.)

Professor Wishnie is quoted in, “Lynch visits Connecticut in stop on community policing tour“:

“Despite the improvements, East Haven police still have work to do, including fulfilling the remaining requirements in the consent decree, said Michael Wishnie, a Yale Law School professor who represented the plaintiffs in the civil rights lawsuit.

“The kinds of structural racism and practices that have long existed in East Haven take a long time to change,” Wishnie said. “I think it’s far too soon to claim victory.”

San Francisco slaying case likely would have played out differently in Connecticut:

“In Connecticut, California slaying suspect Juan Francisco Lopez-Sanchez would have been held for pickup by Immigration and Custom Enforcement officials only if he had a violent felony in his background or there was a court order in the case. …

In February 2013, as part of a settlement with a legal clinic at the Yale Law School, the Connecticut Department of Correction said it would review each request on a case-by-case basis.

It agreed to hand over the person if they already were the subject of a removal order; they were gang members or part of an anti-terrorism database; of if they had been convicted of a felony. This was codified into statute as part of the Connecticut Trust Act. …

“Under the revised policy, the Connecticut Department of Correction will no longer enforce ICE detainer requests and Administrative warrants solely on the basis of a final order of deportation or removal, unless accompanied by a judicial warrant, or past criminal conviction unless it’s for a violent felony,” Commissioner Scott Semple wrote in a memo to ICE.

Maybe I’m just too tired, but I can’t figure out what this article is trying to say about the difference between Conn and CA law.

Could One Soldier Derail ISIS War?

“President Barack Obama’s war against the Islamic State group in Syria and Iraq currently is illegal, many scholars say, and as the one-year mark for U.S. intervention approaches one constitutional law expert has an idea for how to prove it in court.

“Yale University law professor Bruce Ackerman, like other critics of the war’s current legal grounding, says Obama is violating the War Powers Resolution by committing the U.S. military to hostilities without specific authorization from Congress.

“It’s historically been tough to establish standing to make such claims in court. But Ackerman has a plan.  …”

What was that about chicken butts?

Robotics and the Law: When software can harm you sounds like an interesting article, but I can’t read it because UW Today’s website is shitty. However, I did make it through to How Makerspaces Can Be Accessible to People with Disabilities:

“The effort is part of a broader National Science Foundation-funded AccessEngineering initiative, which supports students with disabilities in pursuing engineering careers and promotes accessible and universal design in engineering departments and courses.

“A lot of universities are creating these more casual prototyping spaces where students can have more of a DIY experience, as an alternative to a traditional machine shop,” said AccessEngineering co-principal investigator Kat Steele, a UW assistant professor of mechanical engineering whose Human Ability & Engineering Lab focuses on developing tools for people with cerebral palsy, stroke and other movement disorders.

“Because this is a big growth area for engineering schools, we wanted to help with some best practices and guidelines so that as these new spaces are being created they can be accessible to the widest group possible.”

Cerebral Palsy is caused by brain damage, and somewhere around 30-50% of sufferers are also intellectually disabled. While I know personally a very capable engineer who must use a wheelchair, severely disabled people, on the whole, tend to have things wrong with them that also impact their brains. Making cerebral palsy accessible labs will catch only a very small number of geniuses who happen to have cerebral palsy; by contrast, just spending the same money to hire people who have already graduated with STEM degrees and can’t find jobs would do far more to create more science in the world. Instead of actually hiring scientists to do research, universities want to throw buckets of money at specific identity groups just to look good.

Just in case you thought Harvard’s business was educating students: Harvard’s Controversial Romanian Forest Sold to Ikea Group:

“The move distances Harvard from a corruption case involving one of the contractors who helped oversee the land, and comes shortly after a change in leadership at Harvard Management Company, which invests the University’s $35.9 billion endowment. …

“HMC began purchasing timberland in 1997. It invested heavily in timber under the guidance of then-President and CEO Jane L. Mendillo, who resigned in 2014 after a tumultuous six-year stint as the head manager of Harvard’s endowment. Her replacement, Stephen Blyth, comes from a background in public markets and faces high expectations to bring Harvard back to its pre-recession dominance in investment returns.”

After Federal Feedback, Law School Implements New Title IX Standards:

“Unlike the procedures for students at other parts of the University, Law School students involved in cases of alleged sexual harassment will now be guaranteed access to an attorney, paid for by the Law School, during the different stages of a case. After professional investigators examine a case, a separate adjudicatory panel, whose members are not affiliated with Harvard, will determine guilt, potentially after a hearing. A school-specific Title IX committee, staffed by tenured professors, will oversee the process for investigating and adjudicating cases of alleged sexual misconduct between Law School students. …

“The apparent implementation of the school’s procedures marks the close of a lobbying process that Law School professors, unhappy with Harvard’s new approach to Title IX, began last year. Harvard’s new policy and procedures, unveiled last July, altered its new definition of sexual harassment and centralized its process for handling cases, a fact administrators lauded as a positive step forward. It also adopted the preponderance of the evidence standard for determining guilt.

“But quickly afterward, both in closed-door meetings with top University officials and in an open letter published in The Boston Globe, several Law School professors pushed back. They charged that the University’s framework was biased against the accused and did not offer adequate due process. …

“The discord between the Law School and central administrators has also made some Law professors increasingly wary of centralized administrative rule at Harvard.”

This is perhaps an excessive level of formality given A. the number of people who get raped at HLS every year, and B. the fact that rape is already illegal under completely normal criminal laws, so I don’t see any reason why universities should set themselves up as parallel court systems in the first place instead, but at least HLS appears to be holding back from the full madness.

And over at the Harvard Crimson, we get some student opinions:

A Police Officer’s Bullet, The People’s Ballot

“Today, Ferguson, Missouri will be holding its first city council elections since Michael Brown was shot and killed last August. The city of Ferguson has been around for 121 years; during those first 120 years, only three black candidates ran for city council. This year, there are four black candidates for the Ferguson city council. This is no coincidence. Many of those in Ferguson realize that to prevent the next police officer’s bullet from killing another unarmed, black teenager, they need the ballot.

Yet, fresh off the heels of the 2014 midterm elections, which saw the lowest voter turnout since World War II, I am still worried. I am worried that our generation is losing sight of what it means to even have the right to vote. I am worried that not enough young people, people of color, and people who care about social justice are participating in the political process.”

Written before Trump came on the scene: A Threat to Moderation: Cruz’s candidacy will only drive Republican candidates further right

“It is difficult to believe that the Republican Party will win a presidential election in the near future when Tea Party candidates like Ted Cruz—whose announcement speech included numerous religious references and alluded to repealing the Affordable Care Act and eliminating the Internal Revenue Service—run in the primaries and pull the eventual nominee into supporting more ideologically extreme platforms.”

Yup, Ted Cruz sure did turn out to be the right-wing ideologue for liberals to fear.

Moderates are Dumb, Trapped in a Random World

It’s 104 degrees outside. I am not adapted to this heat and I am not pleased. So I have a global warming-related graph for you today:

From Yale Alumni Mag, "What do Americans think about global warming?"
From Yale Alumni Mag, “What do Americans think about global warming?

It’s a pity the text on the image is so small. I’m going to try to replicate it, just in case you’re having trouble reading the caption:

Stable: Earth’s climate system is very stale. Global warming will have little or no effects.

Random: Earth’s climate is random. We do not know what will happen.

Fragile: Earth’s climate is delicately balanced. Small amounts of global warming will have abrupt and catastrophic effects.

Gradual: Earth’s climate is gradual to change. [?] Global warming will gradually lead to dangerous effects.

Threshold: Earth’s climate is stable within certain limits. If global warming is small, climate will return to a stable balance; if it is large, there will be dangerous effects.

In case you are wondering how big each group is, here you go:

leiserowitz_6-americas

The left to right ordering of the bubbles is probably not coincidental: global warming believers tend to be liberals, while deniers tend to be conservative. The disengaged, cautious, and doubtful tend toward political moderatism, not picking either obvious side.

Amusingly, I consider myself a political moderate, though to be fair, it’s a moderatism of considering myself “somewhere between anarchism and fascism.”

Some people are “moderates” because they just don’t want to get into annoying arguments with others, a position I find very reasonable in this day and age. But others are moderates because they just aren’t smart enough to make sense of either side’s arguments.

The Disengageds and their neighbors are the most likely to favor the Random hypothesis: the climate is totally random and we can’t predict it at all.

I suspect this is what life is actually like for unintelligent people: stuff seems to happens for no particularly coherent reasons at all.

IQ tests measure, among other things, your ability to figure out patterns. Finding patterns in data and making non-obvious connections requires cleverness and insight. For those not gifted with such skills, many of life’s events seem simply random.

It’s all about the patterns.