Thursday, May 30, 2013

Rutgers-Newark Law School: People’s Electric

Professor George W. Conk has published his much anticipated (well, at least in some quarters) article on Rutgers-Newark Law School—People’s Electric—in the 1960s and ‘70s. Loyal and attentive readers might recall the inclusion of this school as one of the exemplary elements in my piece from last year, Toward a Manifesto of Inspiration for a People’s Law School. Here is the abstract:

Rutgers-Newark Law School was the most innovative, exciting, and effective law school in the 1960’s and 1970’s. Civil rights and liberties, ‘poverty law,’ women’s rights, employment discrimination, open housing, and public education, were the foci of legal education at Rutgers - which is the State University of New Jersey. In those two decades Rutgers-Newark - which we affectionately called People’s Electric - developed a model of engaged legal education that was and is unique.

No other law school of its era - and perhaps since - to my knowledge has been so thoroughly characterized by a broad progressive social agenda. Affirmative action, racial justice, women’s rights, public education, open housing, and civil liberties were the focus of the frequently landmark litigation which originated or was substantially aided by students and faculty from Rutgers Newark.

The unique activism of Rutgers-Newark - a small public law school in an afflicted city - had a huge impact in the development of the law. The activist faculty and the clinics engaged law students deeply in innovative and intense litigation regarding the most important and controversial issues of the day. Students at People’s Electric learned first-hand the law-making function of the courts. They often helped make that law. No other law school in the country can begin to match its record in the 1970’s. This was accomplished without endowment, without a base of high ranking or wealthy alumni, without a tradition of such activism at the school, a public law school whose tuition was nominal. Students learned from extraordinarily talented lawyers who they assisted. Their successes showed students how to succeed by really trying. We left Rutgers confident that we knew how to and could change the law, confident that we could make a difference.

Graduates continued the mission in many ways. One outstanding example is the cadre who joined the Office of the Public Defender - a statewide agency - which led or participated in the defense of over two hundred capital trials from 1982-2007 when the death penalty was repealed and replaced with life without parole. There were no executions.”

Download the article here.

Wednesday, May 29, 2013

Human Rights: Philosophical, Legal, and Political Perspectives—A Bibliography

Tuesday, May 28, 2013

"Criminal Law" and "Punishment & Prison:" Two Bibliographies

Saturday, May 25, 2013

On the Need for Food Stamps

Monday, May 20, 2013

Obama’s capitulation to fabulist strategic narratives from the Right

At his blog, Michael Dorf writes of President Obama’s penchant for or “pattern of preemptive counterproductive appeasement:”

[....] “From the moment that the IRS/Tea Party story broke, the President has expressed outrage and has already fired the acting head of the IRS.  He thus aims to show the American people that he shares the basic world-view of the people on the right who are outraged, but wants to chart a somewhat more moderate course. Hmm, where have we seen this before?

Oh, I don’t know.  How about in every single budget negotiation with Republicans in Congress?” [....]

While at Religious Left Law, Bob Hockett pens an incisive and witty concurrence, hoping Obama will “reclaim his spine:”

[....] “[Republicans] are about nothing more than continuing systematically planned...‘dirty tricks’ in the name of undermining national tax policy, health care policy, economic policy more broadly and even the democratic process itself. They are simply the latest tactics, in other words, in the ongoing Republican strategy of systematic sabotage.

Against this backdrop, I submit, the only real offense of which the President is guilty is either Pollyannish blindness, low energy, or cowardice.

Why in heaven’s name did the President presumably ask for and certainly accept the resignation of a decent man, Mr. Miller, over at the understaffed, underfunded IRS last week?  Why did he stand by in silence while grandstanding and outright lying Republican House members publically humiliated this decent public servant in bad faith showtrial ‘hearings’ last week?  And why does the President not change course now, now that Republican intentions are so transparent?” [...]

Hockett proceeds to articulate precisely what needs to be done for Obama to reclaim his spine.

Sunday, May 19, 2013

Malcolm X (May 19, 1925 – February 21, 1965)


Today is the birthday of Malcolm X. By way of celebration, I leave you with three provocative books discussing his life and ideas:
  • Cone, James. Martin & Malcolm & America: A Dream or a Nightmare? (Maryknoll, New York: Orbis Books, 1992).
  • Marable, Manning. Malcolm X: A Life of Revolution (New York: Viking, 2011).
  • Wolfenstein, Eugene Victor. The Victims of Democracy: Malcolm X and the Black Revolution (London: Free Association Books, 1989).

The Marxist Spirituality of C.L.R. James

 
I found occasion once before to post something on the “cricketing Marxist,” C.L.R. James, and now I’d like to draw your attention to a piece by Kenan Malik on “the 50th anniversary of C.L.R.  James’ wonderful, groundbreaking work Beyond a Boundary.” James exemplifies what I can only describe as a Marxist spirituality, the adjective qualifying something like the following:

“[A]t the richer end of the spectrum [of spirituality], we find the term used in connection with activities and attitudes which command widespread appeal, irrespective of metaphysical commitment or doctrinal allegiance. Even the most convinced atheist may be prepared to avow an interest in the ‘spiritual’ dimension of human existence, if that dimension is taken to cover forms of life that put a premium on certain kinds of intensely focused moral and aesthetic response, or on the search for deeper reflective awareness of the meaning of our lives and of our relationship to others and to the natural world.”—John Cottingham in The Spiritual Dimension: Religion, Philosophy, and Human Value (2005)

In Mad and Divine: Spirit and Psyche in the Modern World (2009) the Indian psychoanalyst and writer Sudhir Kakar, reminds us that

“Spirituality, like culture, has many definitions and yet manages to give a sense of familiarity to most of us. For me, the spiritual occupies a continuum from moments of self-transcendence marked by loving connection to an object—nature, art, visions of philosophy or science, the beloved in sexual embrace—to the mystical union of saints where the sense of the self completely disappears. The spiritual, then, incorporates the transformative possibilities of the human psyche: total love without a trace of hate, selflessness carved out of the psyche’s normal self-centeredness, a fearlessness that is not a counter-phobic reaction to the fear that is an innate part of the human psyche.”

Finally, a neurosurgeon, professor of medical ethics, and a philosopher, Grant Gillett, completes our generous conception of a spirituality that embraces a Marxist like James:

“Spirituality lifts our eyes from the possibilities defined by the everyday and economic. The divine wind recalls the breath that gives us life and the cleansing water that allows healing and refreshment in the arid wastes of suffering is a figure with meaning that goes beyond the material. In the most unlikely places we find loving and transformative touches, that are the things of the spirit in that they are ways not only of understanding but also beatifying what we do, however bloody, messy and unromantic it is. We are beset by directives and discourses that reduce, demean, and obscure our humanity, that are not noble, uplifting, inspiring, and fulfilling. We can render life in operational (or narrowly functional) terms and make it tolerable through escapism and pleasure but there is another way. We live and love in a world where real tragedies happen, real joy is found, and real connections are forged through time and across barriers of culture and position. In those things we discover the resonance in ourselves of inscriptions, utterances, and works that deepen our understanding.” From Gillett’s book, Subjectivity and Being Somebody: Human Identity and Neuroethics (2008)

Our conception of spirituality thus clarified, here are the first two paragraphs from Malik’s post on James:

“This year marks the 50th anniversary of CLR James’ wonderful, groundbreaking work Beyond a Boundary.  To call it a book about cricket is a bit like calling cricket a ‘game.’ Beyond a Boundary blends politics and memoir, history and journalism, biography and reportage, in a manner that transcends literary, sporting and political boundaries. V S Naipaul, not a man given to offering easy praise, described it as ‘one of the finest and most finished books to come out of the West Indies.’ John Arlott, that most wonderful of cricket commentators, wrote of Beyond the Boundary, that it was ‘a book so outstanding as to compel any reviewer to check his adjectives several times before he describes it and, since he is likely to be dealing in superlatives, to measure them carefully to avoid over-praise – which this book does not need.’

Beyond a Boundary was a book that CLR James had to write, and that only he could write. Novelist and orator, philosopher and cricketer, historian and revolutionary, Trotskyist and Pan-Africanist – there are few modern figures who can match the intellectual depth, cultural breadth or sheer political contrariness of Cyril Lionel Robert James. He was a lifelong Marxist, yet one with an uncommonly fierce independence of mind that expressed itself both in his rejection of conventional Marxist arguments and in his refusal to repent of his politics even when it became fashionable to do so. He was an icon of black liberation struggles, and yet someone whose politics was steeped in a love of Western literature and Western civilization. He was a man whose affection for cricket was matched only by his love for Shakespeare. The book is in the image of the man himself. Brilliant, complex, contradictory, beautifully observed, deeply insightful, but sometimes also romantic and naïve. And, of course, boundary-crossing.” [….]

The rest is here.

Saturday, May 18, 2013

Torture Bibliography (updated)

Here’s the latest draft of my bibliography on torture: Torture: Moral, Legal & Political Dimensions—A Basic Bibliography

WASHINGTON — “A nonpartisan, independent review of interrogation and detention programs in the years after the Sept. 11, 2001, terrorist attacks concludes that ‘it is indisputable that the United States engaged in the practice of torture’ and that the nation’s highest officials bore ultimate responsibility for it.” (New York Times, April 16, 2013)

Friday, May 17, 2013

Terrorism—Moral, Psychological, Political & Legal Perspectives: A Select Bibliography (updated)

Environmental & Ecological Worldviews: A Bibliography

Thursday, May 16, 2013

The Superimposition* of a False Scandal upon a Real One at the IRS

Michael Hiltzik of the Los Angeles Times provides us with much needed context and perspective on the so-called “IRS Scandal.” 

As Juan Cole notes, “The IRS scrutiny of Tea Party groups applying for tax-exempt charitable status derived from a legitimate concern at the more than doubling of such requests after the Citizens United ruling, and a suspicion that the groups were backed by Republican billionaires intending to use them for politics, not charity. It may be that the scrutiny was sometimes invidious, but it is not obvious on the surface as to whether the bureaucrats actually did anything out of the ordinary (left-wing requests for tax exempt status were flat; if they had suddenly doubled presumably they would have attracted attention, too).”

See too Peter S. Goodman at The Huffington Post: “The IRS was Dead Right to Scrutinize Tea Party.”

* Adhyāsa (Sanskrit: अध्यास) in Advaita Vedānta philosophy: “Throwing over or casting upon; misconception or erroneous attribution, the significance being that the mind casts upon facts, which are misunderstood, certain mistaken notions; hence false or erroneous attribution. Simply put, adhyāsa means superimposition or false attribution of properties of one thing on another thing.” [Adapted from Wikipedia entry]

Wednesday, May 08, 2013

Motley readings worthy of our attention…

The following articles, and one book (in no particular order), I think well warrant our attention:

Monday, May 06, 2013

Tamerlan Tsarnaev should not be denied a proper Muslim burial (i.e., we should respect the dignity of the dead and the religious obligations of the living).

For one persuasive argument to this effect, please see this post by my Religious Left Law co-blogger, Bob Hockett: “Cambridge’s Polynices.”

Friday, May 03, 2013

The Corporatization of Higher Education: A Basic Reading List

After reading a skeptical query at another law blog about the putative “corporatization of higher education,” I thought to assemble this select bibliography on the topic. Incidentally, it turns out the law professor who posed this question responded in turn to a reply by proclaiming with remarkable confidence that “corporatization has not come to law schools in any meaningful fashion.” Is that true? [Correction: It may be that the person who asked the question is not in fact a law professor although perhaps an individual who has written law articles and now works for a private firm.]  
  • Aronowitz, Stanley. The Knowledge Factory: Dismantling the Corporate University and Creating True Higher Learning. Boston, MA: Beacon Press, 2001.
  • Aronowitz, Stanley. C. Wright Mills and the Making of Political Intellectuals. New York: Columbia University Press, 2012.
  • Bok, Derek. Universities in the Marketplace: The Commercialization of Higher Education. Princeton, NJ: Princeton University Press, 2003.
  • Chomsky, Noam, et al. The Cold War and the University: Toward an Intellectual History of the Postwar Years. New York: The New Press, 1997.
  • Chomsky, Noam. “American Freedom and the Corporatization of Universities” (partial transcription of lecture), April 6, 2011: http://www.chomsky.info/talks/20110406.htm
  • Donoghue, Frank. The Last Professor: The Corporate University and the Fate of the Humanities. New York: Fordham University Press, 2008.
  • Ginsberg, Benjamin. The Fall of the Faculty: The Rise of the All-Administrative University and Why It Matters. New York: Oxford Univeristy Press, 2011.
  • Jacoby, Russell. The Last Intellectuals: American Culture in the Age of Academe. New York: Basic Books, 1987.
  • Kenney, Martin. Bio-Technology: The University-Industrial Complex. New Haven, CT: Yale University Press, 1988.
  • McGettigan, Andrew. The Great University Gamble: Money, Markets and the Future of Higher Education. London: Pluto Press, 2013.
  • Mills, Nicolaus. “The Corporatization of Higher Education,” Dissent (Fall 2012): Available: http://www.dissentmagazine.org/article/the-corporatization-of-higher-education
  • Mirowski, Philip. Science-Mart: Privatizing American Science. Cambridge, MA: Harvard University Press, 2011.
  • Nelson, Cary and Stephen Watt. Academic Keywords: A Devil’s Dictionary for Higher Education. New York: Routledge, 1999.
  • Newfield, Christopher. Unmaking the Public University: The Forty-Year Assault on the Middle Class. Cambridge, MA: Harvard University Press, 2008.
  • Nussbaum, Martha C. Cultivating Humanity: A Classical Defense of Reform in Liberal Education. Cambridge, MA: Harvard University Press, 1997.
  • Nussbaum, Martha C. Not for Profit: Why Democracy Needs the Humanities. Princeton, NJ: Princeton University Press, 2010.
  • Readings, Bill. The University in Ruins. Cambridge, MA: Harvard University Press, 1996.
  • Ryan, Alan. Liberal Anxieties and Liberal Education. New York: Hill and Wang, 1998.
  • Schrecker, Ellen. The Lost Soul of Higher Education: Corporatization, the Assault on Academic Freedom, and the End of the American University. New York: The New Press, 2010.
  • Scott, Debra Leigh. “How the American University was Killed, in Five Easy Steps,” The Homeless Adjunct Blog (August 12, 2012). 
  • Simpson, Christopher, ed. Universities and Empire: Money and Politics in the Social Sciences during the Cold War. New York: The New Press, 1998.
  • Steck, Henry. “Corporatization of the University: Seeking Conceptual Clarity,” Annals of the American Academy of Political and Social Science, Vol. 585 (Jan. 2003): 66-83.
  • Tuchman, Gaye. Wannabe U: Inside the Corporate University. Chicago, IL: University of Chicago Press, 2009.
  • Washburn, Jennifer. University, Inc.: The Corporate Corruption of American Higher Education. New York: Basic Books, 2005.
Thanks to a colleague at my college, Paul McDowell (Anthropology), for a couple of additional titles.

Wednesday, May 01, 2013

Happy May Day! (that is to say, the real ‘Labor Day’)

“The struggle for the 8-hour day reached a significant moment on May 1, 1886 as the Knights of Labor and numerous other labor organizations called for a national work stoppage on this day to demand that the 8-hour day become the law of the land. Thousands of workplaces shutdown across the country and capital trembled. Linked to the issue of shorter hours was the question of child labor as depicted in this 1908 Lewis Hine photo of a few of the doffers and sweepers in the Mollahan Mills in Newberry, South Carolina. In the U.S. serious legislation governing the hours of work and child labor was a long, long time coming as workers fought and died well into the 1930s before an upsurge in organization pressured the government into making a handful of modest reforms.”—From the Facebook page of the Bread & Roses Centennial (1912-2012) Committee.


Prior May Day posts (including an historical introduction to the holiday in the first of the two links are here and here.
Several years ago ago at Slate, Robert Pinsky discussed two poems by William Blake that serve to fill out the meaning of this holiday, both titled “The Chimney Sweeper,” from Songs of Innocence (1789) and Songs of Experience (1794) respectively.