February 24, 2013

Ted Cruz's office says "in the mid-1990s, the Harvard Law School faculty included numerous self-described proponents of 'critical legal studies'..."

"... a school of thought explicitly derived from Marxism – and they far outnumbered Republicans."

That's in response to a New Yorker article quoting something Cruz said in a speech 3 years ago. (What Cruz said back then, at an Americans for Prosperity conference, was that when he was at Harvard Law School "There were fewer declared Republicans in the faculty when we were there than Communists! There was one Republican. But there were twelve who would say they were Marxists who believed in the Communists overthrowing the United States government.")

The Cruz spokesperson called it "curious that the New Yorker would dredge up a three-year-old speech and call it 'news.'"

Curious... there's a noncommittal word. I don't see anything wrong with digging stuff out of old Cruz speeches. He's a new character on the national stage, so it's not like old territory is being reworked. It was an inflammatory statement, and he needs to stand by it (and back it up), defend it as hyperbole, or concede he was wrong.
The New Yorker writer, Jane Mayer, was following up after Barbara Boxer had compared Cruz to Joseph McCarthy. That was pretty inflammatory too (as I said at the time). What Boxer said made it a valid line of inquiry for Mayer and not odd at all. What you say to your base will be heard by the outsiders too, and any politician needs to be prepared for that. Republicans hoping for a new star better not forget how badly Mitt Romney faltered when he had to deal with the 47% remark he'd used on the insider group. This Cruz quote is the same kind of thing. Don't minimize it.

Mayer talked to Charles Fried, the Harvard lawprof who was probably the one Republican referred to by Cruz. Fried says:
"I have not taken a poll, but I would be surprised if there were any members of the faculty who ‘believed in the Communists overthrowing the U.S. government".... Fried acknowledged that "there were a certain number (twelve seems to me too high) who were quite radical, but I doubt if any had allegiance or sympathy with anything called ‘the Communists,’ who at that time (unlike the thirties and forties) were in quite bad odor among radical intellectuals.” He pointed out that by the nineteen-nineties, Communist states were widely regarded as tyrannical. From Fried’s perspective, the radicals on the faculty were "a pain in the neck." But he says that Cruz’s assertion that they were Communists “misunderstands what they were about."
Clearly, it was rhetoric to call the Critical Legal Studies professors "Marxists" who believed in "Communist" revolution, and Cruz chose to do that at a particular place and time. Cruz is accountable for that. It's a shibboleth of the right to rely on the words "Marxist" and "Communist." It wasn't the way the lefty lawprofs of the time talked about themselves. I have a vivid memory of saying to a CLS lawprof — a very good friend, during a casual conversation — "I'd like to know about the connection between CLS and Marxism." She snapped: "There's none." I got the message: You sound right wing. It was understood that to sound right wing was to become toxic.

Here's a useful passage from the classic 1983 CLS book by Harvard lawprof Duncan Kennedy, "Legal Education and the Reproduction of Hierarchy: A Polemic Against the System":
Left-liberal rights analysis submerges the student in legal rhetoric, but, because of its inherent vacuousness, can provide no more than an emotional stance against the legal order. The instrumental Marxist approach is highly critical of law, but also dismissive. It is no help in coming to grips with the particularity of rules and rhetoric, because it treats them, a priori, as mere window dressing. In each case, left theory fails left students because it offers no base for the mastery of ambivalence. What is needed is to think about law in a way that will allow one to enter into it, to criticize without utterly rejecting it, and to manipulate it without self-abandonment to their system of thinking and doing.

225 comments:

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whoresoftheinternet said...

Hey Garbage Pail...

Calgary Cruz looks eerily like Joe McCarthy.

---Please point our where Cruz lied or made up something.

Hint: you can't. But you'll later claim he did, because you're a born-and-bred liar.

Note that, similarly, phx, Robert Cook, etc. can't say anything that Cruz said was factually wrong. But, later, they will claim that he did, because they are liars.

And you people think they can be treated as civil human beings.

Enjoy the decline, pissants!

garage mahal said...

---Please point our where Cruz lied or made up something.

Cruz said there were a dozen who “say they were Marxists who believed in the Communists overthrowing the United States government.”

He's lying. Not that it would bother someone like you...

Michael said...

Garage. Do you think it impossible that there were 12 Marxists at Harvard that wanted of preferred a Marxist government in the US? Forget the hyperbole of overthrow and focus instead on the belief of 12 or more who believed, still believe?, that our form of govt. is inferior and would be better replaced by a Marxist one.

garage mahal said...

Garage. Do you think it impossible that there were 12 Marxists at Harvard that wanted of preferred a Marxist government in the US?

Nice try, but that's not what Cruz said.

whoresoftheinternet said...

@Garbarge Pail:


He's lying. Not that it would bother someone like you
---Projection again, liar. You believe anything done to further leftist causes is perfectly fine. Which is why Obama arresting Nakoula Nakoula for causing the Benghazi riots when Obama knew it was unrelated doesn't bother you.

Because Obama lied to protect his leftist agenda.

Cruz said there were a dozen who “say they were Marxists who believed in the Communists overthrowing the United States government.”

----A Communist necessarily believes in the overthrow of non-communist governments. That's why joining them was considered dangerous---because they openly pushed for violent overthrows of governments.

So, ergo, if you are an American communist, you believe in the overthrow of the US government.

It's like Al Queda. You can't be a "peaceful" member of Al Queda, since your stated goals are jihad and overthrow of governments.

Having been to Cambridge, there are open communists everywhere. The idea of finding a bunch on the Harvard faculty is pretty likely. It's not called "the people's republic" for nothing, liar.

Now, if Cruz's speech scares you---because you want to hide your violence and your lies behind "McCarthyism!" rants-----then I suggests you go hide behind your picture of Obama till it blows over, liar.

Quite frankly, the odds are quite good to find a violent Marxist douche at Harvard law. As good as finding out that child molester was same-sex oriented (gay), or that a black American has an IQ of 85.

garage mahal said...

"So ergo..."

LOLOLOL. It's not a lie if it serves the cause, ain't that right whoresy?

whoresoftheinternet said...

@garbage Pail:

lol liar.

Fact: Communists believe in the overthrow of governments.

Lying won't help you here, little man.

Michael said...

Garage.
"ENice try, but that's not what Cruz said."

Nice deflection, but it is clearly what he meant.

Michael said...

Garage. A "lie" is more along the lines of a Harry Reid saying that someone in the know had told him that Mitt Romney had paid no taxes etc. That is a lie.

garage mahal said...

More interesting than Cruz's tall tale is that he thinks his audiences are morons.

whoresoftheinternet said...

Note how Garbage Pail cannot refute the very fact that being a Communist entails wanting to overthrow the government.

Like all leftists, he tries to change the subject quickly when his lies are called out for being lies:

More interesting than Cruz's tall tale is that he thinks his audiences are morons.
----The liar, caught, tries to change the subject and smear people as "stupid" for ever believing that a "fundamental tenant of communism" is held by communists.

Like all leftists, he is also projecting. Leftists have the lowest IQ around. Just look at the black community---solid leftists, solidly stupid.

whoresoftheinternet said...

For Garbage Pail's next lie, he will claim that Bill Clinton respects women.

machine said...

Or even:

"Simply stated, there is no doubt that Saddam Hussein now has weapons of mass destruction."

machine said...

or

"...t his legislation has nothing to do with religion; it simply encourages scientific exploration."

machine said...

or ...Friends of Hamas...

whoresoftheinternet said...

lol@ Machine:

Note how when this little lefty liar sees his comrade, Garbage Pail, badly flailing in his lies about communists, machine immediately tries to change the subject.

Because liars, which are all leftists, can never admit the truth.

lol.

machine said...

or "I did not file paperwork to terminate my child support payments.. "

Ann Althouse said...

"The first Althouse article tagged with "critical legal studies." Surprising given its impact on legal education over the past twenty-five years."

I resist making tags and today was just the day when I caved and created a tag for that one.

I just went back and put it on old posts. Click it now.

Fritz said...

Ted Cruz is an optimist.

Crimso said...

"Where do you think the smartest yippies went?"

Considerably more to the right (if they were in fact the smartest).

XRay said...

"Bob Dylan made fun of that in the 1960s."

And today, knowing what we do now, do you still think it funny and worthy of ridicule.

EMD said...

What's funny is all of the people here who aren't communists getting upset because Cruz called some people communists.

As if being called a communist is akin to being called the n-word or something dreadful!

EMD said...

Simply stated, there is no doubt that Saddam Hussein now has weapons of mass destruction."

How dare you impugn French intelligence!

AprilApple said...

Remember - this thought crime by Cruz is a bid deal. Senator from NJ Menendez(D) hires underage prostitues - and... no biggie!

The hack media is silent.

Crimso said...

"As if being called a communist is akin to being called the n-word or something dreadful!"

You'll notice the same people who like to "deconstruct" language and try to remove plain meaning from words in order to conceal their true actions and motives (communists, but others as well), insist upon splitting hairs and exact definitional use of words when the hounds have the scent.

I prefer to call those who were generally inspired by Marx "Marxists" (rather than spending 15 minutes running down a four page checklist to be sure I'm not confusing the Judean People's Front with the People's Front of Judea), with the critical caveat that the only true Marxist was Marx. I see it as a sliding scale.

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