Re American demagogues

I hadn't seen this book since grad school days, when I cited its chapter on Jim and Miriam Ferguson of Texas in a critique of another student's paper about them, but stumbled on it in online research yesterday:  Reinhard H. Luthin, American Demagogues: Twentieth Century (1959).

I quote from the excellent introduction by the preeminent twentieth century U.S. historian, Allan Nevins (1890-1971):

"Th[e] sinister approach to public place and power, known as 'Machiavellianism,' which denies . . . moral ethics, and encourages deceit and duplicity toward fellowmen, has not yet been eliminated either in the totalitarian states or the free nations. Since the royal despots of Machiavelli's day, new types of unworthy leaders have appeared — in the authoritarian lands, sadistic dictators; in democracies, power-drunk demagogues. This book is concerned with the public careers of selected American demagogues of the present century — those 'masters of the masses' who, in their aspirations for political place and power, pandered to the passions and prejudices, rather than the reason, of the populace, and performed all manner of crowd-captivating tricks, only to betray the people."

He added, presciently:

"In a future fraught with complex social, economic, and diplomatic dilemmas, future demagogues will probably find more untapped areas of ignorance, prejudice, bigotry, and emotionalism to exploit. With television and other new means of mass communication, their voices and their faces may invade any home in the United States."

Schlegel’s apothem about modern law practice

This blunt apothem by John Henry Schlegel, a fine legal historian, caught my retired lawyer’s eye today:

“ Good lawyers earn the big bucks . . . by putting their butt on the line, by exercising the best possible judgment in circumstances where answers are unlikely and advice only possible in terms of better or worse alternatives.”
-John Henry Schlegel, To Dress for Dinner: Teaching Law in a Bureaucratic Age, 66 Buf. L. Rev. 435, 453 (2018).

I don’t know about “big bucks,” but my experience in restructuring practice over 39 years bears out the rest of the assertion!

Unconscious Racism

From: Charles R. Lawrence III, "The Id, the Ego, and Equal Protection: Reckoning with Unconscious Racism," 39 Stanford Law Review 317 (1987)

"It is 1948. I am sitting in a kindergarten classroom at the Dalton School, a fashionable and progressive New York City private school. My parents, both products of a segregated Mississippi school system, have come to New York to attend graduate and professional school. They have enrolled me and my sisters here at Dalton to avoid sending us to the public school in our neighborhood where the vast majority of the students are black and poor. They want us to escape the ravages of segregation, New York style.

It is circle time in the five-year old group, and the teacher is reading us a book. As she reads, she passes the book around the circle so that each of us can see the illustrations. The book's title is Little Black Sambo. Looking back, I remember only one part of the story, one illustration: Little Black Sambo is running around a stack of pancakes with a tiger chasing him. He is very black and has a minstrel's white mouth. His hair is tied up in many pigtails, each pigtail tied with a different color ribbon. I have seen the picture before the book reaches my place in the circle. I have heard the teacher read the "comical" text describing Sambo's plight and have heard the laughter of my classmates. There is a knot in the pit of my stomach. I feel panic and shame. I do not have the words to articulate my feelings-words like "stereotype" and "stigma" that might help cathart the shame and place it outside of me where it began. But I am slowly realizing that, as the only black child in the circle, I have some kinship with the tragic and ugly hero of this story-that my classmates are laughing at me as well as at him. I wish I could laugh along with my friends. I wish I could disappear.....

Much of one's inability to know racial discrimination when one sees it results from a failure to recognize that racism is both a crime and a disease. This failure is compounded by a reluctance to admit that the illness of racism infects almost everyone. Acknowledging and understanding the malignancy are prerequisites to the discovery of an appropriate cure. But the diagnosis is difficult, because our own contamination with the very illness for which a cure is sought impairs our comprehension of the disorder…..

Americans share a common historical and cultural heritage in which racism has played and still plays a dominant role. Because of this shared experience, we also inevitably share many ideas, attitudes, and beliefs that attach significance to an individual's race and induce negative feelings and opinions about nonwhites. To the extent that this cultural belief system has influenced all of us, we are all racists. At the same time, most of us are unaware of our racism. We do not recognize the ways in which our cultural experience has influenced our beliefs about race or the occasions on which those beliefs affect our actions. In other words, a large part of the behavio

r that produces racial discrimination is influenced by unconscious racial motivation…."