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28 March 2006
French Strike Over New Law Legalizing Firing
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France is burning, again, this time due to a new proposed law that would allow employers to do what U.S. employers do all of the time: fire employees.

Maryland law holds that the employment relationship is "at will", i.e the employer and employee may each terminate the relationship without cause, notice or compensation, with three exceptions:

  • a clear mandate of Maryland public policy (e.g. retaliation for whistle blowing or voting on election day as protected by law, etc.);
  • an employment contract either individually or through a collective bargaining agreement; or
  • discrimination in violation of defined protected categories (race, religion, gender, etc.).
In France, the employer can be sued for any firing and must prove that the firing was proper. The majority of French labor court decisions are pro-employee.

France has massive unemployment among the young, as employers are scared to bring in a lifetime unfireable burden into their permanent workforce. Millions of students and others are demonstrating against this new law that would bring at-will employment for 2 years for workers under 26, the highest employment age bracket.

I am glad that Maryland and its neighboring jurisdictions have at will employment. This legal principle makes it easier and safer to "give a kid a shot" and to expand during periods of general economic expansion. Would Bill Gates have been able to build Microsoft if he had to fear that no employee would ever be fireable? Would I have gotten my first job?

I am with France's government on this one. I would rather they adopt wholesale the Maryland "at will" approach, but this compromise is better than the current Eurosclerotic French labor market disaster.


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Wisdom from the Non-Religious Right and the Religious Left
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"I think every good Christian ought to kick Falwell right in the ass."-- 1964 Republican presidential nominee and conservative icon Barry Goldwater, ca. 1981.

(Hat Tip to Talking Points Memo.)

Whether United Church of Christ pastor Daniel Schultz's religiously oriented blog Street Prophets would agree with that conservative sentiment, I cannot say. From the "about" section of that blog:

Because make no mistake: we are people who live and vote our values. We are believers in "justice, freedom, compassion and love,".... We are progressive, Democratic-leaning and vitally concerned with those whom Jesus called "the least of these." We are the faithful for whom the religious right emphatically does not speak.
I found the list of religious and progressive links on that site very informative.


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Passionate Words on Immigration
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Via Atrios, some passionate words from Alisa Valdes-Rodriguez, a best-selling author and blogger. I do not agree with every point she makes but I think she makes some rather good ones apropos of the current legal, political and cultural debate about the status of 11 million people who entered the United States without legal authority or remained after such authority lapsed.

Valdes (the first surname in Spanish-speaking cultures is usually the patronymic legal surname in the U.S.) is of Cuban ancestry in part and lives in Albuquerque, NM. Her words make me recall a friend from 16 years ago at Princeton, who was Mexican-American (precisely, descended from pre-Revolution, perhaps pre-Plymouth Rock land grantees north of Rio Grande/Bravo) and also from Albuquerque. That friend - a minority affairs adviser when I was a resident adviser - made many of the following arguments or similar ones to me on a long bus ride from our joint training as student advisers right before my senior year started. To be young again....

My own libertarian sensibilities favor normalization and amnesty, with a civil fine or surcharge and with the filing of back federal and state tax returns for those who did not file or pay. It is in the interest of the United States not to prosecute 11 million people civilly and criminally, even if it "sends a bad message." Laws are to protect our real, practical interests; if you want to send a message hire Western Union.

We already have 2 people million in jail and 1 million lawyers licensed. How many more lawyers will the country need to process twice the population of Maryland into a multitude of countries who need not take their citizens back, may not want to, may want to stick it to us and humiliate us or at least the current President? Put it another way - Canada has 30 million people, and illegal U.S. immigrants total 11 million. Do you want to fund the deportation the equivalent of 1/3 of Canada's population, replete with meals in jail, cop overtime, jet fuel, medical treatment while awaiting removal in jail, immigration attorneys and administrators to process 220 million pieces of paper (assuming every file has 20 pages)....

Anyway, Valdes' words, printed in their entirety as an "open letter."
Open letter to CNN and other mainstream US media outlets:

1. The vast majority of Hispanics/Latinos in the U.S. (75 percent of us) were born and raised here, including many of us who have roots here that predate the arrival of the pilgrims.

2. "Immigrant" is not synonymous with "Latino" and the media should stop pretending they mean the same thing.

3. The CNN analyst who said today "Keep in mind, Latino voters are LEGAL immigrants, not illegal immigrants" should be FIRED for sloppy thinking. MOST LATINOS ARE NOT IMMIGRANTS AT ALL, PINCHE CABRON.

4. Immigrants to contemporary USA come from EVERYWHERE. There are, for instance, 100,000 Nigerians in Houston, and tens of thousands of ILLEGAL Irish in Boston. If this debate is truly about immigration, as opposed to racist portrayals of Latinos, please curb your coverage to be more responsible.

5. Just because someone waves a Mexican or Colombian flag at a peaceful demonstration does not mean the demonstration is a "riot" or the people unAmerican. Lou Dobbs should get his panties out of a knot and realize it is no different than someone waving an Irish flag in Southie or an Italian flag in Queens. These flags are not waved as proof of national allegiance; they are waved in solidarity with a person's cultural heritage.

6. You can be a Mexican American and never have had an ancestor come over the US border; vast portions of the United States of today USED TO BE MEXICO or SPAIN. If you failed to learn this in high school, your teachers should be fired.

7. The vast majority of Hispanics/Latinos in the US speak English as a first language. The Pew Center for Hispanic research shows that by the third generation, all Latin American immigrant descendents - 100 percent of them - are English-first, English dominant. Zero percent speak Spanish as a first or primary language by the third generation.

8. The US has TWO international borders, not ONE. To date, not a single terrorist has gotten to the US through Mexico; to date, at least two suspected terrorists have arrived here through Canada. In fact, I would not be surprised if, while the media and xenophobes are focused on the Mexican border, terrorists figure out that it might be a good idea to walk over from Vancouver to Seattle for a latte.

9. Not all Hispanics/Latinos are Mexican or of Mexican origin in the U.S., and most people of Mexican extraction in the US were born in the UNITED STATES.

10. Please check for plans to give Haliburton the contract to build a wall along the Mexican border before caving in to the right-wing propaganda about a "crisis" in immigration from Mexico.

11. Please be careful when you discuss these issues not to stereotype or overgeneralize. The anti-Latino frenzy you're creating is leading to a racist backlash against tens of millions of native-born Americans who happen to have Spanish names.

12. The following are also Spanish names: California, Arizona, Florida, Los Angeles, Sacramento, San Diego. Why does CNN allow states, cities and rivers with Spanish names to be American, while disallowing American people with Spanish names the same right...?

13. Please tell us what the problems are that are caused by illegal immigrants. Don't just say there is a "debate". Tell us in concrete terms what the risks and dangers are being brought to the US by "illegal" immigrants. Can't find any? Thought so.

14. Please remember that the least legal and least assimilable of American immigrants were...the English. And the only people who can claim to be true "Americans" are Native Americans.

15. Most Mexicans are Native Americans.

16. Shut up about this non-issue and get back to BEING JOURNALISTS, covering the REAL issues, like the illegal war in Iraq and the lies that got us there; the record-setting trade deficit; Bush's bankrupting of America; NSA's illegal wiretapping of American citizens; the fact that our public schools are MORE segregated than they were before Brown vs. the Board of Education; the fact that we as a nation have now slipped to having only the 27th freest press in the world; the Plame leak and the consequences of it being that Americans are much less safe than we were before Cheney and his friends played "revenge"; the disappearance of the American middle class and unions; the sorry state of the FAA; the rapid devaluation of the American dollar on the world market thanks to idiot leaders; the dismantling of the endangered species act by our administration; the rapid and unprecedented rise of a white underclass (the fastest rise in poor whites in American history has occurred under Bush); the enormous and growing gap between rich and poor in America.

All best,

Alisa Valdes-Rodriguez


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Ian Danger's Site
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I thought I would give a brief mention of the site and blog of Crablaw's most dedicated commentator of late. You may check out his site here. I have occasionally had some formatting issues when reading his site, though those seem to have vanished through either a change on his end or an adjustment to my browser. A young, vigorous blogger from UMBC who writes from a mostly liberal-left perspective, makes me want to double-dose some Geritol and post more myself. The site also has some creative writing and other content. Thanks for your interest and comments, Ian!


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Did YOU have sexual relations with that woman...?
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Those who follow blogging or DC gossip are already familiar with the Wonkette, the catty blog that follows DC insider info with a vicious, slutty and martini-laden eye.

The ur-Slut of the blogging world, however, would have to be Ms. Jennifer Cutler, who published an infamous blog, Washingtonienne, addressing her graphic and anatomically difficult sexual escapades - occasionally receiving money for same - while working in the offices of Senator Mike DeWine (R-OH). She was promptly fired after Wonkette linked to Washingtonienne and the power junkies connected the dots and ID'd her "johns" as serious power tools (pun intended) in the Capitol Hill power structure.

Now Jessica Cutler has a new novel out along the general theme of her published experiences and may be writing for an upcoming television series. Rather than detail her experiences here, why not take a look at Cutler's new website and judge for yourself. The quotes on the site alone are worth a careful read.

And no, I did not have sexual relations with that woman.


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27 March 2006
Scalia Takes Communion, "Salutes" Critics with Hand
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BOSTON, March 27 (UPI) -- U.S. Supreme Court Justice Antonin Scalia startled reporters in Boston just minutes after attending a mass, by making a hand gesture some consider obscene.

A Boston Herald reporter asked the 70-year-old conservative Roman Catholic if he faces much questioning over impartiality when it comes to issues separating church and state.

"You know what I say to those people?" Scalia replied, making the gesture and explaining "That's Sicilian."

The 20-year veteran of the high court was caught making the gesture by a photographer with The Pilot, the Archdiocese of Boston's newspaper.

"Don't publish that," Scalia told the photographer, the Herald said.

He was attending a special mass for lawyers and politicians at Cathedral of the Holy Cross, and afterward was the keynote speaker at the Catholic Lawyers' Guild luncheon.

Now I am not a Christian. I once considered myself Catholic and did have an extensive Catholic education, for which I remain most grateful, sentimentally so. My high school was Jesuit, hardly the most conservative of Catholic orders, known for intellectual rigor. My opinion about proper church behavior does not matter, of course, as having personally left the Catholic Church, I have no dog in the fight about what goes on internally or on a sey of church steps.

But it would seem that no religious, political or jurisprudential message is appropriately conveyed by a one-finger salute on a church's steps. Just my opinion. More than the precise scene of the "Sicilian" one-finger salute, however, is the fact that it was given at all to litigants who might suggest that a judge recuse himself. Logically, the fact that Scalia gave a crude gesture to an entire class of litigants is evidence of his partiality, which is the strongest ground for - you guessed it - recusal!

What he did or did not do to his own church is his business, but telling a group of people "va fangul" on a street or at the foot of a church is evidence of poor judicial temperament.

UPDATE: Justice Scalia has stated that his gesture was not a finger but a Sicilian one-handed gesture under his chin indicating the irrelevance of what his critics had to say. The possibility that all five fingers, rather than one, may have been involved may perhaps mitigate the vulgarity, but not the immaturity, of such a method of addressing the concerns of potential litigants before the United States Supreme Court. Had he made the gesture in another context to another set of more worthy recipients (e.g. DC's idiot drivers...), I might be his biggest fan.



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26 March 2006
Traffic Mostly Getting Worse
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From Sunday's Sun

Five years ago, Barbara Grey thought her half-hour commute from Catonsville to Annapolis wasn't so bad. Traffic jams were only an occasional headache as she drove to her state job.

But now, Grey says, she runs into backups all the time, and the drive takes 40 minutes to an hour. She has had to learn alternative back-road routes. She's beginning to think it's time to change jobs.

Grey is hardly alone among Baltimore-area commuters in concluding that roads in the region have become more jammed the past few years. Now an eye-in-the-sky study provides photographic evidence that the problems they perceive are real and that rush-hour traffic congestion has gotten significantly worse on many major highways over the past six years.

The report commissioned by the Baltimore Metropolitan Council found:

  • A fairly steady increase in congestion and a corresponding drop in the percentage of roadways without problems. While 75 percent of the region's highway lane miles were rated as congestion-free during the evening rush hour in 1999, 59 percent had that rating last year. In the mornings, the unjammed percentage has fallen from 74 percent to 65 percent.

  • Many of the areas of growing congestion lie well outside the Baltimore Beltway in suburbs where many people moved to escape such urban headaches. For instance, the photographs show steadily deteriorating evening conditions at U.S. 29 and Route 108 in Howard County - a spot ranked "not congested" in 1999, "intermittently congested" in 2002 and "severely congested" last year.

  • Sometimes state highway engineers have unclogged one stretch of a highway only to see the congestion move farther up the road. Commuters traveling up U.S. 29 from the Washington area used to run into backups between Montgomery County and Route 32. Those have eased, but the evening congestion has worsened between Route 32 and Route 175.

"Overall, the problem is getting worse," said Victor Henry, senior transportation planner for the council, a planning group that represents local governments in the city and surrounding counties.

Henry's conclusion is based on aerial observations by Skycomp Inc. of Columbia. Since 1999, the council has hired the company at three-year intervals to use airplanes with cameras attached to the wings to take pictures of the traffic on 575 miles of freeways and major arterial highways.

The pictures let transportation planners pinpoint problems in lanes, ramps and intersections at different times of the morning and evening rush hours.

State Highway Administrator Neal J. Pedersen, whose agency is a partner in the study, said the data from the photo studies have been useful in helping the state set transportation priorities. He said most of the findings are consistent with the agency's observations and radio traffic reports, but he acknowledged being surprised by the report of severe problems at U.S. 29 and Route 108.

"That was one I had not heard about," he said. "We will take a new look at that one."

The results appear to confirm many of the findings of the Texas Transportation Institute's most recent Urban Mobility Study, which found that Baltimore went from the 31st-most-congested urban area in 1982 to the 14th-most-congested in 2003.

While last year's pictures show improvement in some places, other corridors have gone from free-flowing highways to long, narrow parking lots.

According to the study, among the corridors that have tipped from the "not congested" column to "congested" in recent years are Interstate 70 in the morning around Marriottsville Road in western Howard County, U.S. 50 morning and evening in the vicinity of the Severn River Bridge, and southbound Interstate 97 between Generals Highway and Route 32.

Grey, of Catonsville, is well aware of the transformation on I-97. In five years of commuting to the Annapolis headquarters of the Department of Natural Resources, she has seen congestion go from an occasional accident-related annoyance to a routine occurrence.

"It's more like an everyday thing, and when I started it wasn't," said Grey, the department's southern region planning chief. If she leaves between 7 a.m. and 7:30 a.m., the trip can take her twice as long as it used to. She said she has been forced to learn alternative routes, such as New Cut Road and Generals Highway.

Another commuter who has noticed increased congestion is Janet Selway, who for the past four years has been making the drive from White Hall in northern Baltimore County to Johns Hopkins Hospital, where she teaches nursing.

Selway's trip takes her south on Interstate 83, where traffic approaching the Baltimore Beltway has gone from "intermittently congested" in 1999 to "congested" in 2005 - with a stretch between Padonia and Timonium roads getting a failing grade at the height of morning rush hour.

She tries to commute at off-peak times, in hopes of keeping her drive to about 45 minutes. But when she has to be at work for an early meeting, the trip can take twice that long. The road is often clogged with commuters from Pennsylvania. If she leaves late to avoid the Pennsylvania traffic, she said, she runs into traffic from the closer-in suburbs as she nears the city.

If I have to be here for something at 8:30 a.m., it's just a killer," she said.

According to Pedersen, Selway's commute along I-83 is consistent with the growth patterns highway planners have been seeing - with formerly rural areas turning into bedroom suburbs.

"Some of the largest growth rates we've seen have been going out west on the I-70 corridor or [traffic] from the Eastern Shore," Pedersen said.

Along with signs of increased congestion, the aerial survey provided evidence of successful countermeasures.

Traffic approaching the Fort McHenry and Harbor tunnels - rated "severely congested" in 1999 - were classified as "not congested" in 2002 and 2005. The metropolitan council's Henry attributed the change to the increasing use of E-ZPass to breeze past tollbooths.

Some recently completed road projects have had their intended result, according to the aerial survey. For instance, the widening of U.S. 29 between U.S. 40 and Route 100 has moved the rating for that stretch from "usually congested" in 1999 and 2002 to "usually not congested" in 2005.

On the Baltimore Beltway, drivers may be crawling a little faster in some areas because of road improvements. For instance, in 2002 the outer loop was rated "severely congested" in the evening between Edmondson Avenue and Frederick Road; last year that stretch was merely "heavy" to "congested." The inner loop, meanwhile, became more severely jammed in the evening, according to the survey.

Pedersen noted that the State Highway Administration is continuing with a project to widen the Beltway, but he warned that once that project is completed, there will be no more available right of way for expansion.

Though Pedersen is, by the nature of his job, an advocate of better roads, he said Marylanders can't expect the state to build its way out of its congestion problems.

"We really need to take a multifaceted approach," he said. "You're not going to do it just with building additional highway capacity. We have to look at transit. We have to look at the demand side through programs like telecommuting, and we have to look at land use."

Dan Pontius, regional policy director of the nonprofit Citizens Planning and Housing Association, said Marylanders need more transportation choices.

"People are realizing now that the benefit of adding a lane to a highway is pretty short-lived," he said. He said developers need to pay attention to these transportation problems as they design communities, and to try to incorporate walking areas and transit options into their plans.

"We need to develop in a way that doesn't trap people in their cars," he said.

In addition to informing traffic planners, the metropolitan council's report has the potential to help commuters plot strategies for avoiding congestion. It includes more than 150 pages of detailed studies of traffic patterns on roadways in Baltimore and its surrounding counties - broken down by time of day.

The report is expected to be posted online this week at www.baltometro.org.
No kidding. I can concur that the inner loop from I-95 to I-70 (SW of Baltimore, my evening commute home from Halethorpe) is usually heavy, sometimes backbreaking so, but is slightly better than it was 4 years ago. In general, though, traffic continues to worsen. Baltimore remains in a 1965 dark ages when it comes to transit.

In my view, it boils down to race and class. In New York, the better neighborhoods are those best served by public transit. Mostly white, "brownstone" (that's rowhouse for us poor trash Marylanders) Brooklyn Heights has maybe 3-4 subway stops into Manhattann depending on how you draw the neighborhood, whereas the overwhelmingly black and largely impoverished neighborhood of Bedford-Stuyvesant has essentially none without a bus ride.

In Baltimore on the other hand, transit services have been designed poorly enough to discourage some actual ridership, while being or being perceived as a crime threat because the facilitate the movement of Baltimore crime and, more generally, Baltimore residents period into the suburbs.

Some Baltimoreans refer to the light rail as the "dark rail" in reference to the notable absence of Caucasian or other passengers. Anne Arundel County has never really been known as a friendly place for Black residents, from before the days of Walter Mills and Aris T. Allen. I am a reasonably frequent user of Baltimore's Metro line into the northwest, and usually generally the only Caucasian passenger unless I am travelling in rush hour with the rush. One notable murder from several years near the Owings Mills Metro station remains in the minds of many residents of the Northwest Corridor.

Ironically, however, the DC Metro is filled daily with a United Nations of office workers and others rushing to get to work. Metro is not a menacing threat, but a desperately needed, beloved and (when malfunctioning) cursed link throughout most of the inside-the-Beltway region. The poorest parts of DC are the ones with the least access to Metro; Anacostia was served late and not terribly well. Suburbanites are desperate for more rapid transit options into and around DC. The Metro's coming? GREAT!

Will high quality public transit improve Baltimore? I would love to live long enough to learn.


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Sparse of Late
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I have been encountering a lot of technical and scheduling matters of late, apologize for the sparse posts.


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22 March 2006
The Mallet - Matisyahu, Live at Stubbs
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Two words for today, folks: Hasidic Reggae.

Now that I have your attention, I encourage you to take a listen to Matisyahu (Matthew in Hebrew), an unlikely but skilled reggae artist who sings not about "feel[ing] all right" but about the destruction of the Second Temple in Jerusalem and about uplift by his G-d de profundiis, as it were. His songs contain rather challenging rhythms, but Matisyahu pulls it off and demonstrates his strength as a singer, let alone a reggae singer. I do not have biographical information about him, but I am informed that he is Hasidic (very Orthodox Jewish) and from Crown Heights, Brooklyn, the center of much of the Hasidic world.

The Hasidic community - particularly the Lubavitch community headquartered in Crown Heights - is known both for its insularity and its very broad outreach to Jews and non-Jews, paradoxically. A fairly routine sight in New York is the Mitzvah mobile, a rolling Hasidic Library-on-wheels, with religious goods for distribution to any Jewish pedestrian or commuter that they can reach, and even materials for non-Jews about the Seven Commandments which Jews have understood to be applicable to Gentiles.

It is from this world that a new talent has come to share his music and his message. Highly recommended.


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White Identity, Round 2
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I wrote what I now see as a overly lengthy, poorly written post about a month ago on the topic of white identity in the United States. As the post noted, I wrote it from the middle of a dead, near frozen and dark MARC train in West Arundel at around 7 AM, and was just grateful to get to work by 12:30 PM. I did not edit the piece to any proper extent, and it showed. When I reposted this post to another blog, a mostly liberal audience was mostly hostile to my confused writing, although some managed to pierce through the my frozen bitterness at the loss of five hours of lawyer wages and see the point I was trying to make. A few saw through my poor writing and just disagreed - good for them.

I will condense my points into simpler language here.

1. Most White Americans identify as "white" to a greater or lesser extent. To identify oneself or something else is to draw a circle and define what's in and what's outside of that circle.

2. White identity is not the same concept as identifying as an American, as a Westerner (as in Western Civilization) or as a person of general or specific European descent. Many Americans, Westerners and Europeans do not identify or get identified as "white" in the specific American sense of the word. While skin color is an element of white identity, but not a reliable boundary marker.

3. Most white Americans had European ancestors who did not identify self-consciously as white, but rather as something else (such as by nation, region, religion, etc.) When those ancestors flew or sailed here, most of them melted into the Melting Pot of American identity, but that Melting Pot also contained the element of white identity for most or all of them. They became white but did not identify as white before they "melted," since European identities focused on other issues.

4. Identity means "if and only if, THEN...." . It is hard to fill into the blank of "if and only if you are a white American, THEN you are very likely to be/do this: ___________." If there is no meaningful answer to the foregoing fill-in-the-blank, then whiteness itself may already be past its shelf life. Many things pass the "if" test but not the "only if" part.

Some might say that some aspects of Southern culture are so solidly identified with whiteness - NASCAR, country music and some religious traditions come to mind - that one could make a case for a regional white identity, maybe. Southern white identity may have some real defining cultural content, but American white identity plays out in all fifty states, including places where Southern music, stock car racing and Southern religious traditions have no meaning for local residents. When Northern whites move south, terms like "Damyankee" and "Carpetbagger" have sometimes greeted them to emphasize the lack of white unity between the North and the South. Even today the town of Cary, North Carolina is known as the acronym for Containment Area for Relocated Yankees. Southern whiteness is different from American whiteness as a whole. It does not pass the "if and only if" test.

If you are white, odds are pretty good that you have much more in common with members of your:
  • religion;
  • ethnic group;
  • college;
  • profession or trade;
  • economic class;
  • political party;
  • region in the U.S.; or
  • your hobbies or interests,

than you do with other whites as whites, i.e. "if and only if" things in common as whites.

If whiteness in and of itself had a lot of heart-felt meaning to white people, "white pride festivals" would not be hate group events for the violent anti-social fringe. 20 million drinkers want to play Irish on St. Patrick's Day, but you can't get a "white pride day" off the ground and likely would not want to. Why? Because being Irish has some meaning and feeling behind it for Irish-Americans and the legions of "Irish for a day", but whiteness in itself doesn't seem to have much draw, much meaning, for the overwhelming majority of socially adjusted white people.

Marxist critics have criticized the use of race as a means of keeping working people from uniting based on economic class. I am no Marxist but you need not accept Marxist ideology to see how plastering Willie Horton's obviously black face on a advertisement helped George H. W. Bush to get elected President in 1988. Had Willie Horton looked like George Clooney or George Jetson, one suspects that the reaction of white voters would have been somewhat different. Whether it truly won the race for Bush is a historical point; Dukakis' campaign was infamously inept across the board and managed to lose a 17 point lead. But Lee Atwater, the architect of Bush's hardest hitting campaign tactics, later repented shortly before his death and apologized to Dukakis for this race-based manipulation of white voters.

If white identity exists primarily for the convenience of political spinners and hate mongers, but has little other meaning of its own, we shouldn't miss it much once it is gone.


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20 March 2006
Seditiously Yours??
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A reader and long-time friend of mine suggested an interesting point to me recently in a private conversation. He noted with (very respectful and straightforward) criticism my comments about the general decline of American intellect in my recent hard hit on racial theorist and amateur theologian Adele Fergesen. I had expected criticism for a hard hit on a senior citizen from someone, but this particular criticism both surprised me and spurred me to further reflection on the following question:

When does hard criticism of the United States become seditious or anti-American? Does it ever?

We are currently witnessing claims, for example, that the advocacy of the end of the withdrawal from Iraq gives aid and comfort either to the native Iraqi resistance to our occupation or, alternatively, al-Qaeda.

My own view is that much of the demonization of serious-minded war critics is a form of intergenerational payback for the shabby and humiliating treatment of returning Vietnam vets by a number of exceptionally despicable bastards. Instead of the anti-war convictions of Quakers, Amish and other men and women of responsible character and values, the image of the anti-war activist is the slovenliness of a loud fool with an allergy to both combs and soap. In my view, the country has never made an honest atonement for that sin; the repercussions of this failure to repent have shown up in a demonization of many critics of the President. Both filmmaker Michael Moore and career Marine veteran Congressman Jack Murtha of Pennsylvania think the war is a mistake. But surely Murtha's opposition is worthy of great respect, no matter what this scabrous harridan thinks. Murtha is not telling America "you are worthless" - what Marine would? - but rather "time to make a sharp turn - now!"

My criticism was of the decline of intellectual standards and logical skills as reflected in both the content of Fergesen's post article and the fact that the post article was published in a real, live newspaper. My view is that when your opponent is making a mistake, you should be silent and let the mistake happen, but that when someone or something that you claim loyalty or allegiance to (like a family, a business partner, a country?) is making a mistake, calling the mistake out is an act of justice. I perceive a gradual drop in the quality of public debate, with newspapers getting thinner and thinner, reporters getting lazier about doing actual honest reporting and logical skills of the average citizen waning. I perceive us as moving toward an irrational, horoscope mentality. My concern of late is that much of what I think makes America great - a good, well-informed civic life beyond right- or left-wing politics - may be slipping or, if you prefer, in immediate need of focused, positive reinforcement from good citizens. This concern is probably why I spend so much time with this blog and on politics generally - I don't want to be a hypocrite by complaining about civic life but doing nothing; even this doing modest blog is better than watching Seinfeld.

On the other hand, I can understand my friend's sensitivity to an irrational anti-Americanism and would share it. America does a great many things well and deserves full credit for what it does well. While filmmaker Michael Moore, for example, has made some interesting points over the years, his anti-Americanism frequently goes beyond harsh criticism to pandering to the anti-Americanism of foreign audiences in France, Canada or elsewhere. His criticism of U.S. policies and social conditions would be more meaningful if he were active in efforts to improve those conditions. Even hard-hitting liberal activist and actor (and favorite target of conservative activists) George Clooney has loudly disassociated himself from Michael Moore.

Most of all, I respect my friend for pointing out how he disagreed with my post. Isn't honest disagreement without jail cells or government persecutions one of the best things about the United States? When he criticized my views, whether to me in private conversation or as a reader comment here, he did what America is all about.



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16 March 2006
Firedoglake Update
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Firedoglake.com has been encountering technical difficulties but is posting at http://www.firedoglake.blogspot.com pending clearance. Many thanks to reader Mr. X for noting the issue below.



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Crabby Update
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1. The Court of Appeals and the entire Maryland Judiciary deserve a round of applause for this amazingly efficient database for most civil and trial courts in the state. Most lawyers have to call a clerk every so often to confirm a hearing date, an aggravation to all involved. This new Inquiry Index covers the District COurt of Maryland and all but two Circuit Courts. I did a search and found that I had participated in over 200 cases of record excluding admin hearings, Mo. Co and PG County Circuit Court work and the like during my eleven year career. I suspect that the database may not be complete. Allows for little data other than case numbers and the IDs of parties, attorneys and court dates, but that information is often enough to avoid major headaches. Bravo!

2. Friends and colleagues who know my aol.com email address can discard it safely in 30 days, as the conversion out of AO(Hel)L continues. I have a bit of an aggravation this past week with my Blackberry internet/email client, but four phone calls later it has been solved. My email address is thecrab@crablaw.com. I may develop a second email for professional (career/client) purposes only outside of the crablaw.com domain, since I don't want either my writing or my career to impact each other any more than reasonably necessary.

3. Please note the new design and tell me what you think - does it make Crablaw easier or harder on the eyes? I enjoyed the act of redesigning the site, learned a lot of CSS management from the project, but am not wedded to the current design either.


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15 March 2006
Best Reason Why Cousins Should Not Marry
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Please enjoy the efforts of Adele Fergesen to scold 40 million Black Americans for failing to embrace the Republican Party's talking points and for failing to recognize the "pony" amidst the "manure" of slavery. I attempted to link to the original out of Washington State, but the web outcry against this woman's unbelievable analogy has been overwhelming. That may be why the newspaper's server in Washington does not appear to carry the article at present, so you may read Steve Gilliard's copy and commentary if you wish.

My favorite:
Remember Ronald Reagan’s story about the kid who had to shovel a huge pile of manure? He went about it with such joy he was asked why and said, “With all that manure, there’s got to be a pony in there somewhere.”

The pony hidden in slavery is the fact that it was the ticket to America for black people. I have long urged blacks to consider their presence here as the work of God, who wanted to bring them to this raw, new country and used slavery to achieve it.
Oh yeah, she found a "pony" in the murder of 6 million Jews as well, the creation of the state of Israel. So G-d wanted millions of dead Africans and Jews so that America would have black folks and Israel would have the Jewish state. I guess that makes Adolf Eichmann and every slave owner G-d's loyal servants, worthy of praise for their selfless obedience.

I guess getting chattel slavery, robbery, rape and mass murder are just a divinely ordered pony show. Maybe she can go talk to families of murder victims of all sorts and explain to them their "pony recognition deficit syndrome," and tell them to shut their damned tears off before G-d gets pissed at their insolence. I guess I could break into this hag's house, steal her life's possessions and the "pony" would be that she would need to dust less often and if she complains, I will sick G-d upon her for her blasphemous ingratitude. Logically, no stupider than her column.

Stupid, amoral hag. She makes it easier to understand why our country lags culturally and intellectually behind so many others. She was presumably the best columnist that this newspaper could pay, and she has been writing a while, suggesting a following in Washington State. She makes it easier to understand why 2% of American blacks join the Republican Party; the party is more than 2% filled with people like Adele Fergesen.

One thing you can feel good about here at Crablaw. I will not charge you 35 cents when I write something idiotic on this site and when I make an error, I correct it here with clear markings. My promise - hold me to it.


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14 March 2006
An Excellent Blog - firedoglake.com
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Attorney and Democrat Jane Hamsher publishes Firedoglake, a very smart-looking liberal blog with greatly-improved layout after her emancipation from the world of Blogger hosting.

Enjoy this exceptional post on the hideously unethical conduct of the Assistant Attorney General handling the Moussaoui death penalty case in Alexandria, Virginia.


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Say Goodbye Rush
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The Sun has reported that WBAL has cancelled its broadcast of Rush Limbaugh's radio program. WBAL is apparently the first or nearly the first station to cancel the famed conservative talk show host in circumstances other than a change of radio format.


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An evil twin
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Rather than recapitulate the whole story, check out Josh Marshall's post about resigned Bush aide Claude Allen's evil, damn near identical twin. Sounds like the beginnings of reasonable doubt to me....

LATE UPDATE: Courtesy of Josh Marshall's doc file, the bulk of the actual charging document in State of Maryland v. Allen. Not so reasonable doubt now.


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13 March 2006
Editorial Policy
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After reflection, I have concluded that this site needs to be an adult site. That is to say, a site for the robust, hard-hitting adult discussion of adult topics - money, politics, family, work, child-rearing, sexuality, religion, politics, etc. I also want my adult visitors to feel free to speak without inhibition. I had originally hoped to have some kid-friendly content here, but I just don't think that that works in practice, at least not at this time.

Accordingly, Crablaw is now permanently an "Adult Swim" site.

This is not a site for teenagers and definitely not for anyone under 13.

If you are under 13 years, Crablaw is not really for you. If you are under 13, DO NOT email me or post a comment here. You may have your parent or guardian contact me if there are any questions, but you may not. Not to be rude, but this site is not for you.

If you are under 13, please consult with your parents or guardian as to whether the following sites might be more appropriate for you and more interesting than this one:

Encyclopedia Britannica

Smithsonian Institution

PBS Kids

The "Jimmies" columns will continue for parents' enjoyment and/or benefit.

Accordingly, the "Church Lady" rules against profanity in reader comments posts are lifted. This is not an invitation to mock a Tourette's Syndrome patient, but feel free to tell it like it is. I won't use profanity here myself - I am often profane verbally amidst friends but you should feel free to speak your mind. If that means that you need to use some hard language on a hard topic, fine, I ask only that you use it well.

Finally, I appreciate the recent comments of readers. Thank you for your interest and your readership. The fact that I do or don't comment on a comment doesn't necessarily mean anything, either agreement or disagreement. Sometimes I will let a comment go when I disagree simply because, well, I got my say and it's good to let the other person have hers/his.


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12 March 2006
Justice O'Connor warns against GOP, "Dictatorship"
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Retired moderate-to-conservative Supreme Court Justice Sandra Day O'Connor strikes out at Republican attacks on the judiciary, and warns of the risk of "dictatorship" in the United States.

From her remarks:
It takes a lot of degeneration before a country falls into dictatorship, she said, but we should avoid these ends by avoiding these beginnings.


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Theocratic Update
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The Rolling Stone article above is scary if you have the faintest belief in either the wisdom or legality of a republican, non-theocratic form of government. Found on a DailyKos diary.


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Theft Allegation Against Bush Policy Adviser
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Which of the following facts is not like the other?

1. X was a $160,000/year White House policy advisor to President Bush on matters important to the theocratic right, including bans on stem-cell research and abstinence education.

2. X was nominated by President Bush to serve on the 4th Circuit U.S. Court of Appeals in Richmond, with appellate review over federal litigation and criminal prosecutions in the lower mid-Atlantic, but was filibustered and ultimately blocked.

3. X "coor