July 29, 2014
Listeners and readers of my commentary know that I have spoken out against what I believe is Israeli misbehavior. So I get flooded with one-sided petitions condemning Israeli behavior. To make myself completely clear, I see merit and fault on both sides. I will not sign one-sided petitions.
I am reminded of my conversation with a Palestinian student who argued with me that Palestinians have the right to kill Israelis, any Israelis, military or civilian, and they have no right to shoot back, only to accept their fate. I questioned him to make sure I was hearing him accurately. What he was making clear was the attitude, or brain-washing, that dehumanized the other side. That is the attitude we have to fight against. Read the rest of this entry »
July 22, 2014
Returning from a meeting of historians, I’ve been thinking about the Israeli-Palestinian conflict in historical terms. Israeli settlers in the West Bank are reminiscent of the movement of settlers to our own Indian frontier until the frontier was closed in the twentieth century. Settler conflict with Native Americans over land and atrocities on both sides was continual. This isn’t the whole story but it is important.
Allies are crucial. For a century, Britain prohibited settlement west of the Appalachians and protected Indian rights in the territory they had occupied for millenia, largely preventing Indian War, except, of course, against the French. Regardless of our dispute with King George, aspects of British Indian policy were both wise and decent. Read the rest of this entry »
July 15, 2014
I’ve been away for a week while conflict heated up in the Middle East. But all week I’ve been thinking about a different form of grief, death and cultural conflict.
I spent the week in a summer community, a kind of Brigadoon called Chautauqua, in the western corner of New York State. Chautauqua in the summer is an intellectual community, an ecumenical religious community, even a sports community, but it is also an arts community.
The first night we were there, we went to see a performance of Puccini’s Madame Butterfly in the Chautauqua Amphithreater, for an audience of thousands. Read the rest of this entry »
July 8, 2014
Last week the Supreme Court decided, under the Religious Freedom Restoration Act, known as RFRA, that Hobby Lobby, and other closely held profit making corporations, could claim religious exemptions from federal law, and they could withhold some forms of contraception from their health plans.[i]
RFRA was a reaction to a 1990 decision about Native American use of peyote at religious ceremonies in which Justice Scalia wrote for the Court that the First Amendment did not require a religious exemption for the “incidental effect of a generally applicable and otherwise valid provision.”[ii] The rule could not be targeted at any religion; it had to be “neutral.”
That seemed like a reasonable attempt to create a fair rule. But many of us reacted that there was nothing neutral in a set of rules that banned peyote but permitted wine at religious exercises, or in generally applicable rules that had obvious and discriminatory effects on Native Americans. It was a good example of how apparently neutral rules could be designed with large discriminatory consequences – think Sunday or sabbath closing laws or rules about the ways we can dress that do or don’t prevent us from wearing a yarmulka, a hajib, or a pendant with the symbols of our faiths. So Congress passed RFRA. It said people should be able to practice religion their own ways unless government had a compelling interest in making everyone conform to the general rule and there was no less restrictive way of accomplishing that purpose. RFRA was understood as restoring the rule of a Warren Court decision, Sherbert v. Verner.[iii] Read the rest of this entry »
July 1, 2014
The Court decided yesterday in Harris v. Quinn that at least some of the employees who work under a collective bargaining agreement don’t have to share in the costs of negotiating that agreement. The Court says it violated their First Amendment rights. How many unions and employees it will apply to is still unclear but this is not the first move the Roberts Court has made in that direction.[i] Sometimes the patterns matter much more than the individual decisions, whether good or bad. Read the rest of this entry »
July 1, 2014
Let me try to put some things in perspective. I spent a decade in the Legal Service Program which provides lawyers for the poor, first as a store-front lawyer, then in the management of programs or running a clinic. One of the recurring issues we used to debate was whether to focus on what we called “band-aids” or systemic change.
Band aids were individual relief for individual clients, generally much easier to get, but taking quite a lot of time for the few people we could help. It was important work, very satisfying and very frustrating at the same time because we could never make a dent in the needs most of our clients had that way. Read the rest of this entry »
July 1, 2014
A recent headline read, “Slow Common Core.” For quite a long time there has been a backlash against anything viewed as “too tough” for our kids. That is a tendency of living in a democracy. Anything tough for our kids is bad but at the same time they have to get a fabulous education that will equip them for life’s challenges. So the solution is teachers who can make everyone learn painlessly. And therefore, if anything goes wrong it’s the teacher’s fault, not the student’s. Read the rest of this entry »