That terrible Harvard Law School crest.

See the problem? Last November, I blogged about the controversy in a post titled "Looking for something to be offended by? Check out Harvard Law School's logo."

And now the law school's dean, Martha Minow, is writing to alumni to tell them about the committee she formed and the recommendation it reached — to drop the crest (she calls it a "shield") — and about her support of that recommendation and her forwarding of the recommendation to the Harvard Corporation. Alumni see her letter to the corporation, which is printed out over at Above the Law, where Elie Mystal strongly supports the crushing of the old crest. He says:

About 2 dozen Harvard Law School students barged into Dean Martha Minow's Constitutional Law class and demanded that their issue be talked about immediately.

The NYT reports in an article about the aftermath of finding black tape on the glass of framed photographs of black law professors at the law school. It's not known who put the tape on the photographs or why, but the incident brought — as the Times puts it —"a new sense of urgency to discussions about race and racial discrimination that have spread across this campus as well as universities and graduate schools around the country."

Was it "a pretty clear act of intolerance, racism," as the student government president said, or was it an effort to create a new sense of urgency to discussions about race? Does anyone want to know the truth or is the idea to not let a sense of urgency go to waste? I suppose the student activists would say the source of the tape is a side issue, a distraction, and the general questions of racism are worthy of discussion even if the tape was some anti-racism activist's trick to ramp up the agitation.

Would a real racist just put gaffer's tape on the glass? Gaffer's tape "leaves little or no residue and will generally not damage most surfaces when it is removed." Wouldn't someone who really hated those black professors do something more destructive, like break the glass or try to get at the photographs?

Ah, but the tape has a history. The NYT reveals that black tape was used earlier by anti-racism activists a few weeks ago to cover up the Harvard Law School crest on various mats. (As blogged on November 4th, the crest was protested because of its connection to a slave-owning family.) Maybe someone who didn't like the tape on the mats felt motivated to protest the protest by moving the tape from the crest to the portraits, perhaps more of a lightweight tit for tat than deep-seated racism.

Anyway, it troubles me that students would disrupt and end a class that other students have prepared for and have put the time into attending. It troubles me that students would disrespect a professor and dean who has no connection to racism other than her position of leadership in an institution that (they think) has not done enough. Minow did respond, it seems, immediately:

Shortly after noon, hundreds of students — as well as faculty members and administrators, including Ms. Minow — gathered for what the law school called a community meeting, filling one large room and much of another. Ms. Minow acknowledged that racism was an issue at Harvard as it was around the country. “Racism exists in America and in the United States and in Harvard and in Harvard Law School,” said Ms. Minow, who has written extensively on topics like school desegregation.

But some students said the administration had not done enough to make the school fully inclusive of minority students and faculty members and voiced an array of concerns that ranged from the relatively low number of black professors — there are 12 black permanent full-time faculty members out of 125 — to the way the school taught law.

I'd like to see more detail about what the "array of concerns" was (other than the ratio of black to nonblack professors). As to the way law is taught, that's a perennial subject of complaints among law students, but the argument that it's a racial problem needs some explication. The Times quotes a student claiming that Harvard lawprofs have "just forced [students] to regurgitate" the cases, but I find that extremely hard to believe.

"I loved the D.C. Circuit... and I could've stayed there. But I think I got maneuvered into this job. And then I had a really bad interview."

Said Clarence Thomas in this wonderful hour-long conversation with Harvard Law School Dean Martha Minow. The Harvard law students give him a standing ovation as he arrives in the room, and he jokes "I should quit while I'm ahead."

In fact, he goes on to be warm, interesting, deep, smart, and there's just way too much good stuff in here for me to quote everything that jumps out, because, really, everything jumps out. If you skip over the long introduction and get to the first question, he talks about growing up among illiterate but good and loving people and then discovering reading at a segregated library in Savannah. The librarians introduced him to Dr. Seuss.



Minow and Thomas talk about their mutual love for a book about introversion called "Quiet," and Thomas characterizes himself as very introverted. He talks about working in all 3 branches of government and greatly preferring the judiciary because in the EEOC and in the legislature, though he loved the people, it was too political. "I don't understand politics.... It made my head hurt.... It was like new math."

ADDED: He says Ruth Bader Ginsburg and Elena Kagan are delightful. When Kagan arrived, he said to her: "You know, it's going to be a joy disagreeing with you for years to come."

AND: At oral arguments, Justice Breyer doodles stick figures. The 2 of them sit together at oral argument and share jokes and laugh. "You know, he's very smart, but he's sort of a moving around smart," he says, making a gesture as if he were moving Breyer's little stick figures around. "And I tend to be someone, I lock into something, I want to think it through for a long time, and he likes to move around, and I sort of rein him in. Every so often, what I'll is I'll say, 'What about this, Steve?' and he'll pop up and ask and a question." So that's how Clarence Thomas asks questions at oral argument. Thomas laughs because it's "just something I'm throwing out," and Breyer makes it into a question.

"I think this is all just a clever ploy to get people talking about how much better Harvard Law was when Elena Kagan was Dean."

Instapunditry.

"Now I hasten to say that the controversy at Harvard is only a pale echo of Soviet Communism."

Writes Eugene Volokh (who knows how it felt to live in the Soviet Union):

With luck, this student won’t have her career ruined, or even much affected. I’ve seen a public call for her to be expelled.... but I doubt that this will happen. And even if some of the best future jobs are closed off to her, at least for a while, a Harvard Law diploma will get you to plenty of places. She doesn’t have to worry, I suspect, about not being able to feed herself or her future family.

Yet the public revelation of a private conversation; the public condemnation by management; the obvious danger of serious career ramifications; the apology, which I take it came out of a fear of those ramifications — all for daring to say to friends something that simply represents a basic scientific principle (the need to be open to the possibility that there are racial differences in intelligence, as one is open to other possibilities on other scientific questions) — that just sounded a little too familiar to me.

It’s a pale echo, but of something so bad that we should be wary even of pale echoes.

Isn't this a teaching moment for Harvard Law School? Dean Minow's memo dated April 29th said:

A troubling event and its reverberations can offer an opportunity to increase awareness, and to foster dialogue and understanding. The BLSA leadership brought this view to our meeting yesterday, and I share their wish to turn this moment into one that helps us make progress in a community dedicated to fairness and justice.

So the original "troubling event" was something Minow chose to use as a teaching moment to increase awareness, and to foster dialogue and understanding. She embraced the practice of turning the difficult material into an occasion to make progress in a community dedicated to fairness and justice.

Keep teaching, professor! A lot of us are prepped and eager for Lesson 2!

Neo Neo-con flunks Harvard Law School Dean Martha Minow.

It's that statement of the facts.

How bad is it to say "one of our students suggested that black people are genetically inferior to white people" when what the student wrote was "I absolutely do not rule out the possibility that African Americans are, on average, genetically predisposed to be less intelligent"? There is a difference between "suggesting" something is true and conceding that you don't have a basis for excluding the possibility that something is true.

The language in the email places itself in the context of a continuing conversation, and any attempt to interpret it should acknowledge that we have it out of context — and that it seems to have been leaked by someone who was privy to the whole conversation. The phrase "I absolutely do not rule out the possibility...," implies that that during the conversation, the student was criticized by someone else for ruling out the possibility. What does that... suggest... about the full context of the email and the motives for leaking it?

AND: In the comments, Jon said: "[T]he student didn't say 'genetically inferior,' she said 'less intelligent.' Does Dean Minnow think that everyone less intelligent than her, is genetically inferior?"

It's possible — possible! — that Minow thinks that everyone less intelligent than her is inferior, but for reasons having only to do with nurture. This must be an interesting subject for her, because she's the daughter of a highly successful man, Newton Minow (the FCC chairman who called TV a "vast wasteland"). Does she trace her high intelligence only to environmental factors? Most likely, it's a subject about which she chooses not to speak. Not in public anyway. Perhaps she once emailed someone about that.

But consider Minow's other interpretive leap — that to be less intelligent is to be inferior. Why isn't that an even more outrageous statement than what the student (Stephanie Grace) said?

Are less intelligent individuals inferior? It's time for our lesson in Elementary Class Consciousness. From Aldous Huxley's "Brave New World" (PDF, page 20-21):

“Elementary Class Consciousness, did you say? Let’s have it repeated a little louder by the trumpet.”

At the end of the room a loud speaker projected from the wall. The Director walked up to it and pressed a switch.

“. all wear green,” said a soft but very distinct voice, beginning in the middle of a sentence, “and Delta Children wear khaki. Oh no, I don’t want to play with Delta children. And Epsilons are still worse. They’re too stupid to be able to read or write. Besides they wear black, which is such a beastly colour. I’m so glad I’m a Beta.”

There was a pause; then the voice began again.

“Alpha children wear grey They work much harder than we do, because they’re so frightfully clever. I’m really awfully glad I’m a Beta, because I don’t work so hard. And then we are much better than the Gammas and Deltas. Gammas are stupid. They all wear green, and Delta children wear khaki. Oh no, I don’t want to play with Delta children. And Epsilons are still worse. They’re too stupid to be able .”

Are the Alphas superior? They have to work so hard and wear grey... I’m so glad I’m a Beta. Betas don't think they're inferior! They are less intelligent though.

Do you think the most intelligent people are the best? Let's hear from P.J. O'Rourke:

I’m sure up at Harvard, over at the New York Times, and inside the White House they think we just envy their smarts. Maybe we are resentful clods gawking with bitter incomprehension at the intellectual magnificence of our betters. If so, why are our betters spending so much time nervously insisting that they’re smarter than Sarah Palin and the Tea Party movement?...

The C student starts a restaurant. The A student writes restaurant reviews. The input-worshipping universe of the New York Times is like New York itself—thousands of restaurant reviews and no place we can afford to eat.

Let us allow that some intelligence is involved in screwing up Wall Street, Washington, and the world. A students and Type-A politicians do discover an occasional new element—Obscurantium—or pass an occasional piece of landmark legislation (of which the health care reform bill is not one). Smart people have their uses, but our country doesn’t belong to them. As the not-too-smart Woody Guthrie said, “This land was made for you and me.” The smart set stayed in fashionable Europe, where everything was nice and neat and people were clever about looking after their own interests and didn’t need to come to America. The Mayflower was full of C students. Their idea was that, given freedom, responsibility, rule of law and some elbow room, the average, the middling, and the mediocre could create the richest, most powerful country ever.

Harvard 3L Stephanie Grace writes "I absolutely do not rule out the possibility that African-Americans are, on average, genetically predisposed to be less intelligent" — and is publicly reamed.

... at her law school, on the internet, and in the press. Grace's statement came in email sent to 2 friends, who'd had a private conversation about affirmative action. She felt a need to extend her remarks. And at some point the email got out on the internet, and all hell broke loose:

“Here at Harvard Law School, we are committed to preventing degradation of any individual or group, including race-based insensitivity or hostility,’’ [Martha Minow, dean of Harvard Law School] wrote in a message to Harvard’s law school community.

Minow said she had met with leaders of Harvard’s Black Law Students Association on Wednesday to discuss the hurt caused by Grace’s e-mail....

... Minow called the incident “sad and unfortunate’’ but said she was heartened by the student’s apology. She added: “We seek to encourage freedom of expression, but freedom of speech should be accompanied by responsibility.’’

(Via TaxProf, who collects a bunch of other links on the story, including links that will get you to the full text of the email.)

Grace has apologized. Of course, she's sorry now. "I am heartbroken and devastated by the harm that has ensued. I would give anything to take it back." Note the passive voice: "the harm that ensued." A  new way to say I'm sorry you were offended. She also says "I understand why my words expressing even a doubt [that African-Americans are genetically inferior] were and are offensive." She's learned something: This is a subject where you can't play with ideas and speculate. People get very angry, and the speaker had better be ready to deal with it.

Did Dean Minow handle this the right way? One question is: Why does the dean even get involved with something one student said in private email? If the answer is because the Black Law Students Association came to her and demanded a response, then maybe the question should be why did the  Black Law Students Association go to the dean for help? Why didn't the students all just argue and debate and express themselves to each other? These are Harvard students. Law students. Why not dig in and have it out and show your stuff? Why go to the nearest, biggest authority figure? Stephanie hurt me!

Here's the full text of Minow's message. (By the way, Martha Minow's father was FCC chairman Newton Minow, the man who called television "a vast wasteland.")

This sad and unfortunate incident prompts both reflection and reassertion of important community principles and ideals. We seek to encourage freedom of expression, but freedom of speech should be accompanied by responsibility. This is a community dedicated to intellectual pursuit and social justice....

Law school is a community with shared ideals. One of the ideals could be: When a student makes a point that contains what you think is an outrageous statement, unless she's been actively insulting to you, you should engage her in debate and not not expose her to a public trashing. And don't bring the dean into the fray as your champion. More from Minow:

As news of the email emerged yesterday, I met with leaders of our Black Law Students Association to discuss how to address the hurt that this has brought to this community. For BLSA, repercussions of the email have been compounded by false reports that BLSA made the email public and pressed the student’s future employer to rescind a job offer. 

I was going to say that "the hurt" to Grace and her reputation was much greater than the hurt to those students who only read the email. It's not as if she shouted ugly words in their face. But now I see that the BLSA students had reason to worry that they were the ones who would look bad because they were believed to have overreacted and taken some nasty revenge. Minow may have been activated by the need to clear their reputation.

A troubling event and its reverberations can offer an opportunity to increase awareness, and to foster dialogue and understanding. 

Minow tries to be even-handed and control the fallout. She frames it as a teaching moment. But what has everyone learned?