Tag Archives: race

Forced diversity of race is racist

Let me browse through some thoughts on efforts to address endemic racism. I’m not sure I’ll get anywhere, but you might as well enter the laboratory of my mind on the issue.

I’d like to begin with a line of the bible (why not?) “‘Do not pervert justice; do not show partiality to the poor or favoritism to the great, but judge your neighbor fairly.” (Lev. 19:15). This sounds good, but in college admissions, I’ve found we try to do better by showing  favoritism to the descendants of those who’ve been historically left-out. This was called affirmative action, it’s now called “diversity”.  

In 1981, when I began teaching chemical engineering at Michigan State University, our department had race-based quotas to allow easier admission to the descendants of historically-disadvantaged groups. All major universities did this at the time. The claim was that it would be temporary; it continues to this day. In our case, the target was to get 15% or so black, Hispanics and American Indians students (7 in a class of 50). We achieved this target by accepting such students with a 2.0 GPA, and not requiring a math or science background; Caucasians required 3.0 minimum, and we did require math or science. I’m not sure we helped the disadvantaged by this, either personally or professionally, but we made the administration happy. The kids seemed happy too, at least for a while. The ones we got were, by and large, bright. To make up for the lack of background we offered tutoring and adjusted grades. Some diversity students did well, others didn’t. Mostly they went into HR or management after graduation, places they could have gone without our efforts.

After some years, the Supreme court ended our quota based selection, saying it was, itself racist. They said we could still reverse-discriminate for “diversity,” though. That is, if the purpose wasn’t to address previous wrongs, but to improve the class. We changed our literature, but kept our selection methods and kept the same percentage targets as before.

This is a popular meme about racism. It makes sense to me.

This is a popular meme about racism.

The only way we monitored that we met the race-percent target was by a check-box on forms. Students reported race, and we collected this, but we didn’t check that black students look black or Hispanic students spoke Spanish. There was no check on student honesty. Anyone who checked the box got the benefits. This lack of check bread cheating at MSU and elsewhere. Senator Elizabeth Warren got easy entry into Harvard and Penn, in part by claiming to be an Indian on her forms. She has no evidence of Indian blood or culture Here’s Snopes. My sense is that our methods mostly help the crooked.

The main problem with is, I suspect, is the goal. We’ve decided to make every university department match the state’s racial breakdown. It’s a pretty goal, but it doesn’t seem like one that helps students or the state. Would it help the MSU hockey squad to force to team to racially match the state; would it help the volleyball team, or the football team?  So why assume it helps every academic department to make it’s racial makeup match the state’s. Why not let talented black students head to business or management departments before graduation. They might go further without our intervention.

This is not to say there are not racial inequalities, but I suspect that these diversity programs don’t help the students, and may actually hurt. They promote crookedness, and divert student attention from achieving excellence to maintaining victim status. Any group that isn’t loud enough in claiming victim status is robbed of the reverse-discrimination that they’ve been told they need. They’re told they can’t really compete, and many come to believe it. In several universities, we gone so far as to hire “bias referees” to protect minorities from having to defend their intellectual views in open discussion. The referee robs people of the need to think, and serves, I suspect, no one but a group of powerful politicians and administrators — people you are not supposed to criticize. On that topic, here is a video of Malcolm X talking about the danger of white liberals. Clearly he can hold his own in a debate without having a bias referee, and he makes some very good points about white liberals doing more harm than good.

Robert Buxbaum, November 5, 2017. In a related problem, black folks are arrested too often. I suggest rational drug laws. Some financial training could help too.

Military heroes, Genghis and confederate


This 13 story statue of Genghis Kahn looks over the plains of Mongolia.

All military statues are offensive, as best I can tell. Among the most offensive, is the 131 foot tall monument to Genghis Kahn in central Mongolia. Genghis Kahn is known for near-perfect military success, and for near-total disregard for non-Mongols; he treated them as cattle, to be herded, slaughtered, raped or pillaged. I imagine this statue is offensive to Chinese, Russians, Koreans, Moslems, Jews, Hindus, Poles, and Germans — people he slaughtered by the millions. For some Mongols too, I imagine this statue is offensive as a sad reminder that Mongolia no longer rules the eastern world. But the monument is not for the maudlin, nor is it intended to offend. Like other military statues, the Genghis monument is a rally point for soldiers, old and new. It’s a way to inspire Mongols to be great leaders of men, military and not. Such will see, in Genghis, a man who made tough choices, and carried through to great achievements. That he killed and oppressed others will be justified by noting he did it to keep his Mongols from being killed or oppressed. The grand size is chosen to encourage Mongols to think big.

Genghis appears in fictional form as the villain, Shan Yu, in Mulan. There, his motivation is he doesn’t like the wall. Mulan and the Chinese army stop his Mongol attack by burying them at a snow-covered mountain pass. Historically, a Chinese army did meet Genghis and his army at a mountain pass, but the Mongols were not defeated. Instead they bypassed the Chinese and captured their supplies. Genghis then offered the starving Chinese a choice: join or die. Those that joined had to fight those who did not. A few months later, Peking fell, and in a few years, the rest of Asia. Few of the turncoats survived. Given the same choice, Genghis’s men never turned on him.

General Lee planted a maple tree on this spot in Fort Hamilton, New York. in 2017 the  plaque is removed as it's considered offensive.

General Lee planted a maple tree on this spot in Fort Hamilton, New York. in 2017 the plaque is removed as offensive.

Genghis’s most famous saying is that one arrow is easily broken, but a bundle will overcome any adversary. Similar to this, he is supposed to have said that, if you treat your soldiers as sons, they will follow you even into death. Such words are nonsense to non-soldiers and professional complainers: those who do not imagine themselves going to war. Those who go to war as generals know this is how to behave; those who go as soldiers hope for a leader who values them as sons, and not as cannon fodder.

In the US we’ve begun removing all monuments to the southern forces of the Civil War. This may be a mistake, but it seems irreversible. We’ve kept our monuments for Northern generals including William Sherman, known for his tactic of total destruction, and for Phillip Sheridan, equally known for total war, and for the saying: “The only good Indian is a dead Indian.” But we no longer tolerate Confederates. Among the reasons is that we claim to ease the pain of black people — a pain I feel looking at the Genghis Kahn monument. Another reason, we’re told, is that the statues are “dog-whistles” to racists and white supremacists — a particular danger now, evidenced in the election of Donald Trump. A danger, I think, that’s been largely trumped up as a way to keep politicians and newscasters politically relevant.

For these reasons, or politicians have removed every last confederate monument in Florida, the last being a large grave-stone in the Woodlawn cemetery. Virginia’s governor has similarly declared his intention to remove them all from his state. The city of Baltimore removed all four civil-war monuments in the middle of one busy night, August 18, 2017, and the University of Texas did similarly, working at night. New York City removed a plaque remembering Robert E. Lee for planting a tree at Ft. Hamilton, And, last week, an honorary window at the Washington cathedral where Lee had been a deacon.

Statues of Robert E. Lee are a particular target. There are quite a few in Virginia where his family was prominent — it was Richard H. Lee’s motion in the Continental Congress that carried as independence; his home now serves as Arlington Cemetery. While Lee opposed slavery and freed his slaves before the war, he fought for the Confederacy, so clearly he didn’t oppose slavery as totally as we would like. And Lee only freed his wife’s inherited slaves in 1862, fairly late, though Grant still had slaves at that time. Besides, in 1852, Lee caused an escaped slave to be whipped. I imagine he did the same to runaway soldiers. Historians used to praise Lee, but now call him a cruel racist. In hindsight, we imagine we would have done much better.

General Lee statue being removed from University of Texas.

General Lee statue being removed from the University of Texas.

As best I can tell, Virginians still remember Lee fondly, particularly soldiers, veterans, and those who imagine themselves leading men in difficult situations. When I try to put myself in Lee’s position, I find I can’t imagine myself doing better or achieving more. His life involved thousands of divisions and hundreds of inspiring actions. In the choice to fight for Virginia and not for the north, I note that Lee was given the same no-win choice as Genghis’s trapped Chinese: join the Union army and kill your brothers, or be killed by that army. The exchange appears in this movie. I admire Lee’s courage to stand by his brothers; it seems the more honorable of two bad choices. Early in his life, Lee committed himself to only honorable behavior  — according to his conception. This is all I expect from myself, and the most I hope for from any other person.

Another thing is Lee’s surrender. I find it a model of how to end a war so that lasting peace is achieved. It’s remembered in Johnny Cash’s song, “God Bless Robert E. Lee.”  Another song, “The night they drove old Dixie down” calls Lee “the very best.” I would be hard pressed to find a better US general: one who won more or was better loved.

Japanese resettlement.

Japanese resettlement in WWII. Our history is full of painful decisions by people we admire. Let’s try to not repeat our mistakes or pretend we don’t make them.

A killer complaint lodged against Lee, and against all the confederates, is that they were traitors. If so, George Washington and Ben Franklin were traitors too. In England, Benedict Arnold is honored as a patriot with a statue on Trafalgar square, but we do not honor him, rightly I think. He turned on his friends and brothers. I think it’s politics that’s motivated the current spate of removal. Most of the confederate statues stand (stood) in Democrat-leaning cities of five Republican-leaning states: Virginia, Texas, Georgia, North Carolina, and Mississippi. The white, non-college country-folk of these states are being pitted against the darker, college-educated city folk in a fight for their hearts and pocket books.

As for my guess at interpretation of the statues themselves. I’m inclined to suggest that the statues and their inscriptions do not appear racists to me, so much as soldierly. The statues were largely erected between the Spanish-American war and WWII with soldierly (to my eyes) comments. Baltimore monument to Jackson and Lee, reads on one side: “STRAIGHT AS THE NEEDLE TO THE POLE JACKSON ADVANCED TO THE EXECUTION/ OF MY PURPOSE” and on the other side: “SO GREAT IS MY CONFIDENCE IN GENERAL LEE THAT I AM WILLING TO FOLLOW HIM BLINDFOLDED.” Another Baltimore inscription: “THEY FOUGHT AS GENTLEMEN.” To me this latter is a swipe at Sherman and Sheridan, who did not. Removing these statues is a swipe at the honor of southern soldiers. The statues now read “BLACK LIVES MATTER,” a slogan I read as anti-police, anti-Trump, and anti-white.

The remnant of Baltimore's Lee- Jackson statue, showing the old inscription and the new.

The remnant of Baltimore’s Lee – Jackson statue with the old inscription and the new..To me, the old inscription is military, mostly, and not as racist as the new.

The pain of black America is real, but the thing that’s missed is that it is similar to the pain of rural white America. Both have been left behind. I’ve noted that urban black Americans and rural whites have virtually no savings, It could be the two poor cultures don’t realize they have much in common. Or it could be (I think) some folks purposefully fermenting dissension. What is needed, at least is better financial sense, and a recognition that race isn’t racism, but to listen to CNN or read the New York Times, such understandings seem unlikely. The Trump election shocked everyone, I think, those who voted for him and those who didn’t — and perhaps even Trump himself. Hillary, it seems had already bought a house in DC to house her staff. The surprise is not a reason to turn on one’s fellow. I can hope that Trump will prove to be a great president. For now, he is the president, and we are faced by nuclear enemies. It hardly helps to see half of our electorate call the other half racists and deplorables. As with a bundle of arrows, we have strength in union, weakness in disunion. May we all be blessed for a good, sweet year of peace and brotherly love

Robert E. Buxbaum. September 24, 2017. Perhaps my fondness for Lee is because I’m named after him. Here’s my theory for why Mongol arrows flew further.

Race and suicide

Suicide is generally understood as a cry of desperation. If so, you’d expect that the poorer, less-powerful, less-mobile members of society — black people, Hispanics, and women — would be the most suicidal. The opposite is true. While black people and Hispanics have low savings, and mobility, they rarely commit suicide. White Protestants and Indians are the most suicidal groups in the US; Blacks, Hispanics, Jews, Catholics, Moslems, Orientals, are significantly less prone. And black, non-Hispanic women are the least suicidal group of all — something I find rather surprising.

US, Race-specific suicide, all ages, Center for Disease control 2002-2012

US, Race-specific suicide, all ages, Center for Disease control 2002-2012

Aha, I hear you say: It’s the stress of upward mobility that causes suicide. If this were true, you’d expect Asians would have a high suicide rate. They do not, at least not American Asians. Their rate (male + female) is only 6.5/100,000, even lower than that for Afro-Americans. In their own countries, it’s different, and Japanese, Chinese, and Koreans commit suicide at a frightening rate. My suspicion is that American Asians feel less trapped by their jobs, and less identified too. They do not feel shame in their company’s failures, and that’s a good, healthy situation. In Korea, several suicides were related to the Samsung phones that burst into flames. While there is some stress from upward mobility, suggested by the suicide rates for Asian-American females being higher than for other woman, it’s still half that of non-hispanic white women, and for women in China and Korea. This suggests, to me, that the attitude of Asian Americans is relatively healthy.

The only group with a suicide rate that matches that of white protestants is American Indians, particularly Alaskan Indians. You’d figure their rate would be high given the alcoholism, but you’d expect it to be similar to that for South-American Hispanics, as these are a similar culture, but you’d be wrong, and it’s worthwhile to ask why. While men in both cultures have similar genes, suffer financially, and are jailed often, American Indians are far more suicidal than Mexican Americans. It’s been suggested that the difference is religiosity or despair. But if Indians despair, why don’t Mexicans or black people? I find I don’t have a completely satisfactory explanation, and will leave it at that.

Age-specific suicide rates.

Age-specific suicide rates, US, all races, 2012, CDC.

Concerning age, you’d probably guess that teenagers and young adults would be most suicidal — they seem the most depressed. This is not the case. Instead, middle age men are twice as likely to commit suicide as teenage men, and old men, 85+, are 3.5 times more suicidal. The same age group, 85+ women, is among the least suicidal. This is sort-of surprising since they are often in a lot of pain. Why men and not women? My suspicion is that the difference, as with the Asians has to do with job identification. I note that middle age is a particularly important time for job progress, and note that men are more-expected to hold a job and provide than women are. When men feel they are not providing –or worse –see themselves as a drag on family resources, they commit suicide. At least, this is my explanation.

It’s been suggested that religion is the consolation of women and particularly of black women and Catholics. I find this explanation doubtful as I have no real reason to think that old women are more religious than old men, or that Protestants and Indians are less religious than Hispanics, Asians, Moslems, and Jews. Another difference that I (mostly) reject is that access to guns is the driver of suicide. Backing this up is a claim in a recent AFSP report, that women attempt suicide three times more often than men. That men prefer guns, while women prefer pills and other, less-violent means is used to suggest that removal of guns would (or should) reduce suicide. Sorry to say, a comparison between the US and Canada (below) suggests the opposite.

A Centers for Disease Control study (2012) found that people doing manual labor jobs are more prone to suicide than are people in high-strew, thinking jobs. That is, lumberjacks, farmers, fishermen, construction workers, carpenters, miners, etc. All commit suicide far more than librarians, doctors, and teachers, whatever the race. My suspicion is that it’s not the stress of the job so much, as the stress of unemployment between gigs. The high suicide jobs, it strikes me, are jobs one would identify with (I’m a lumberjack, I’m a plumber, etc. ) and short term. I suspect that the men doing these jobs (and all these are male-oriented jobs) tend to identify with their job, and tend to fall into a deadly funk when their laid off. They can not sit around the house. Then again, many of these jobs go hand in hand with heavy drinking and an uncommon access to guns, poison, and suicidal opportunities.


Canadians commit suicide slightly more often than Americans, but Canadians do it mostly with rope and poison, while more than half of US suicides are with guns.

I suspect that suicide among older men stems from the stress of unemployment and the boredom of sitting around feeling useless. Older women tend to have hobbies and friends, while older men do not. And older men seem to feel they are “a burden” if they can no-longer work. Actor Robin Williams, as an example, committed suicide, supposedly, because he found he could not remember his lines as he had. And Kurt Gödel (famous philosopher) just stopped eating until he died (apparently, this is a fairly uncommon method). My speculation is that he thought he was no longer doing productive work and concluded “if I don’t produce, I don’t deserve to eat.” i’m going to speculate that the culture of women, black men, Hispanics, Asians, etc. are less bound to their job, and less burdened by feelings of worthlessness when they are not working. Clearly, black men have as much access to guns as white men, and anyone could potentially fast himself to death.

I should also note that people tend to commit suicide when they lose their wife or husband; girlfriend or boyfriend. My thought is that this is similar to job identification. It seems to me that a wife, husband, or loved one is an affirmation of worth, someone to do for. Without someone to do for, one may feel he has nothing to live for. Based on the above, my guess about counseling is that a particularly good approach would be to remind people in this situation that there are always other opportunities. Always more fish in the sea, as it were. There are other women and men out there, and other job opportunities. Two weeks ago, I sent a suicidal friend a link to the YouTube of Stephen Foster’s song, “there are plenty of fish in the sea” and it seemed to help. It might also help to make the person feel wanted, or needed by someone else — to involve him or her is some new political or social activity. Another thought, take away the opportunity. Since you can’t easily take someone’s gun, rope, or pills — they’d get mad and suspicious –I’d suggest taking the person somewhere where these things are not — a park, the beach, a sauna or hot-tub, or just for a walk. These are just my thoughts, I’m a PhD engineer, so my thinking may seem odd. I try to use numbers to guide my thought. If what I say makes sense, use it at your own risk.

Robert Buxbaum, June 21, 2017.Some other odd conclusions: that Hamilton didn’t throw away his shot, but tried to kill Burr. That tax day is particularly accident prone, both in the US and Canada, and that old people are not particularly bad drivers, but they drive more dangerous routes (country roads, not highways).

Black folks have no savings (poor whites too)

The wealth of the mean American household has dropped significantly since 2007, a result of the general de-industrialization of America. It’s not that America has gotten poorer, but in the last 8 years we’ve increased the economic divide, enriching the richest few percent while leaving behind the working and bourgeoise classes. We are beginning to come back, but a particularly nasty legacy remains, especially among black families. Some 47% of black families have no liquid savings  — a far greater fraction than in 2007. The lack of savings also appears in white families (19%), and Hispanics (41%), but it’s most desperate among blacks.

College graduation rates have increased among black students, and along with the increase there has been an increase in salaries, but savings have declined. As of 2015, 22.5% of black students and 15.5% of Hispanic students had completed four years of college. This compares to 36.2% of white students, an inequality, but not a horrible one. By 2013, the average salary of a black college grad was somewhat over $1000/week, somewhat less than the average for whites, but enviable compared to the world as whole. The problem is that black workers manage to save very little compared to other ethnic groups, and compared to previous savings rates as shown by the graphic below. By 2013, the net worth of the median black family (savings, plus paid-off part of home and car) was a mere $11,000 (Pew Research Data, below), down from $19,200 six years earlier, and much lower than the net worth of white families (also down since 2007). Liquid savings among blacks are much lower — near zero — and this is just the mean. Half of all black families are doing worse.

Net worth disparity 2007 - 2011. Black folks are doing poorly and it's getting worse.

Net worth disparity 2007 – 2011. Black folks are doing poorly and it’s getting worse.

The combination of low savings and low net worth puts black folks at a distinct disadvantage to their condition six years earlier. Without savings, it is near-impossible to weather the loss of a job, or even to fix a car or pay a ticket, Surviving through a disease is basically a one-way ticket to the welfare office. Six years ago, when people saved more and prices were lower, problems like these were major annoyances. Now, a job loss or a major repair is a family disaster.

The growth of check-cashing services in black neighborhoods is a symptom, I suspect, of the lack of liquidity. A person without savings will not have a checking account. As such, he or she will not have a credit card or check cashing privileges.  The only way to cash a check will be via a for-fee service, and these tend to come at a steep cost (2-5%). People with savings accounts can cash checks essentially for free, and can usually borrow money by way of a credit card. People without savings can’t get approved. Black people and poor whites tend to use debit cards instead. They look and work like credit cards, but they incur fees upon use, and do not provide instant loans. When black folks and poor whites need quick cash, their options are the loan-shark or the pawn shop: high-cost options that take a giant toll on the family.

As mentioned above, black individuals and families have lower incomes than whites at all education levels. While racism, no-doubt plays a role, as best I can tell, the largest single cause seems to be family stability. Employed, college-educated blacks earn, on average, 95% as much as employed, college-educated whites — not great, but not bad. The real problem with black income is that black unemployment rates are higher, black education rates are lower, and single-parent families are significantly more common among blacks than among whites and Orientals. Roughly 40% of black families are single-mother, or mother+grandparent households compared to “only” 26% in the population generally. In both populations, the number of single parent households have increased dramatically in the last few years, a result I suspect of the government’s desire to help. The government gives more aid to a split-up couple than to one that stays together, but the aid brings with it long-term damage to net worth. A family with one parent will naturally have a lower-income and savings rate than a family with two. The lack of stability and savings that comes from having a single parent family, I suspect, has contributed to crime, births out-of-wedlock, and the tendency of blacks to drop out of college.

Black families don't benefit as much from college --in part a result of the choice of courses.

Black families don’t benefit much from college –in part a result of course choices, in part the result of borrowing. (Forbes, 2015).

One finds that do-gooders in the white communities want to eliminate check cashing businesses and pawn shops in a misguided desire to help the low-income neighborhoods, but the success of these companies tell me that they are needed. Though check services and pawn brokers take a nasty bite, urban life would be much worse without them, I suspect.

Another so-called solution of the do-gooders, is to tax savings and transfer the wealth to the poor. This form of wealth redistribution has been a cornerstone of the Democratic party for the last century. The idea of the tax is that it will transfer “idle wealth” from rich savers to poor folks who will spend it immediately. The problem is that great swathes of the nation don’t save at all currently; net worth is down all across the US — among white and black families both. Taxing savings will almost-certainly reduce the savings rate even further. Besides, savings are the stuff of self-determination and dreams — far more than spending, it is savings that allows a person to start a new business. One does not provide for the dreams of one group by taking them from another — particularly another group chosen to be immediate spenders. That is a route to community disaster, is seen by looking at Detroit.

As it is, many poor, inner city children do not see a path out via education. Detroit school attendance hovers around 50%, and business startups are lacking. As best inner city people can tell, the only ways out are sports, music, prostitution, crime, and the church. With higher savings rates and higher family stability, folks could start businesses, and/or take advantage of job opportunities that come along. People seem to think that wealth redistribution should help, but it just seems to reduce savings and family stability. Every effort to increase wealth redistribution only seems to make things worse in Detroit.  It sometimes seems that the only businesses in Detroit are check cashing, pawn brokers, churches, hair-salons, fast food, and medical marijuana — businesses that require little investment, but provide little community return too. Detroit has lost its manufacturing center, and now has more medical marijuana providers than groceries — a sad state of affairs.

The Check cashing services of south-eastern MI are concentrated in poor black and white neighborhoods.

The Check cashing services of south-eastern MI are concentrated in poor black and white neighborhoods.

In 2016, both presidential candidates touted major infrastructure projects, highways and the like, to help the inner city poor. In principle this can help, but I have my doubts. One basis of doubt: inner city youth do not have the training to build roads and bridges — they have barely the training to work at McDonald’s. For another thing, if the project itself isn’t needed, it becomes another form of income redistribution. There tends to be a lack of pride in doing it well, and the benefits are basically nothing. A major war could provide jobs, of course, but most sane people prefer peace. Trump has made the case for tariffs (closing off free trade) as a way to rebuild the industrial center of cities like Detroit. It’s an approach that I think has merit. He’s also suggested closing the border to low-wage, Mexican workers, and recently signed a bill that raised the minimum wage for foreign workers. This is expected to raise the price of California lettuce and NY hotel stays, but is likely to increase employment among low-skill Americans — blacks and poor whites. Small steps, I think, to solving a serious national problem.

Robert E. Buxbaum, April 21, 2017. I ran for water commissioner 2016 (Republican). I lost. I also have some infrastructure suggestions, including daylighting some rivers and adding weirs to improve water quality and stop flooding. If you like my ideas (or don’t) please provide comments.

Arrested for decriminalized possession

The arrest rate for marijuana is hardly down despite widespread decriminalization, but use is up. decriminalization, but use is up. A rate that exceeds that for all violent crime.

Despite years of marijuana decriminalization, arrest rates for marijuana are up from 20-25 years ago, and hardly down from last year. Why?

There are a couple of troubling patterns in US drug arrests. For one, though marijuana has been decriminalized in much of the USA, marijuana arrest rates are hardly down from five years ago, and higher than 20-30 years ago — see graph at right. Besides that, it’s still mostly black-people and Latinos arrested. And the crime is, 4/5 the of the time, drug possession, not sale.

At the same time that violent crime rates are falling, marijuana possession arrests are rising (see graph below). Currently, according to FBI statistics,  more people are arrested for marijuana possession than for all violent crime combined. You’d expect it would not be this way, and a question I’d like to explore is why. But first, let’s look at more data. I note that part of an explanation is that marijuana use is up (18% in 2015 vs 12% in 1990). This still doesn’t explain the racial imbalance but it could explain the general rise. Marijuana isn’t quite legal, and if use is up, you’d expect arrests to be up. But even here, something is fishy: use rates are the same as in 1980, 35+ years ago in the midst of the “war on drugs,” but arrest rates have more than doubled since. Why? Take New York City as an example, 17,762 people were arrested for low-level marijuana possession in 2016 (smoking in public or possession of 25 gm to 2 oz). The low-level arrest rate is twice the national average in this Democratic-bastion city, where the drug was decriminalized years ago. Arrest rates in NYC went up an additional 10% in 2016, with black people arrested at 11 times the rate of white people. How could this be?

The race discrepancy of arrests persists across the US. Though black citizens use drugs only 15% or so more often than whites, and make up only 13% of the US population, they are arrested for drugs about three times as often and incarcerated about 4 times as often. It’s mostly for marijuana possession too, and the discrepancy varies very strongly by location In Louisiana, Illinois, and New York City arrests are particularly weighted to people of color. When New York City police precinct captains were asked about this, they explained that their instructions come from above. It’s a curious answer, I’d say, reflecting perhaps their dislike of the mayor.

Drug arrests are mostly for possession, not sale, and the spread is rising.

Drug arrests are mostly for possession, not sale and the spread is rising. More than half the time, it’s marijuana.

One of the race-affecting instructions is that the police are instructed to patrol black neighborhoods, but not the student unions of majority-white colleges like NYU. They’re mandated to stop and search junky cars but not nice ones, and to search people who have outstanding parking tickets, but not generally. They even get raises that depend on the number of tickets given, a practice that does not lead to a pattern of looking the other way — one many New Yorkers would prefer. Another issue: in many states, including New York, the police can keep money or cars, if they can claim that the asset was purchased with drug money or used in the drug trade. This leads to a practice where the city budget benefits when the police arrest persons they don’t expect will be convicted. It’s a practice called civil asset forfeiture, one lampooned, on Last Week Tonight, but jealously guarded. Since it is near impossible to prove that the money or car was not used in any way illegally, once they arrest someone, the police can expect to keep his or her money or cars indefinitely. The annoyance of lawyers perhaps encourages the arrest of people who do not seem to have them — people of color. New York mayor deBlassio justifies his arrests as a way to protect the neighborhoods, as his version of former mayor, Guilliani’s broken window approach. Maybe. But I think the profit motive is at least as relevant.

drug arrests hit black folks a lot more than white

Drug arrests hit black folks a lot more than white.

I note that strict justice tends to land hardest on the poor and defenseless. I also note that many important people have used marijuana without it damaging their lives in any obvious way. Both Jeb! Bush and Bill Clinton claimed to have smoked it; as did Barak Obama, Al Gore, and the Beatles. My bottom line: while marijuana decriminalization is worthwhile, it must go along with the repeal of civil asset forfeiture laws, and other means that make arrests into profit centers – or so it appears to me. Otherwise we’ll keep on flushing lives down the drain for no good reason.

Robert Buxbaum, March 6, 2017. I’ve previously blogged about the structure of criminal sentencing, coming to conclude that the least strict sentence that does the job is to be preferred. I also ran for water commissioner in 2016.

Racial symbols: OK or racist

Washington Redskins logo and symbol. Shows race or racism?

Washington Redskins lost protection of their logo and indian symbol. Symbol of race or racism?

In law, one generally strives for uniformity, as in Leviticus 24:22: “You shall have one manner of law; the same for the home-born as for the stranger,”  but there are problems with putting this into effect when dealing with racism. The law seems to allow each individual group to denigrate itself with words that outsiders are not permitted. This is seen regularly in rap songs but also in advertising.

Roughly a year ago, the US Patent office revoked the copyright protection for the Washington Redskin logo and for the team name causing large financial loss to the Redskins organization. The patent office cited this symbol as the most racist-offensive in sports. I suspect this is bad law, in part because it appears non-uniform, and in part because I’m fairly sure it isn’t the most racist-offensive name or symbol. To pick to punish this team seems (to me) an arbitrary, capricious use of power. I’ll assume there are some who are bothered by the name Redskin, but suspect there are others who take pride in the name and symbol. The image is of a strong, healthy individual, as befits a sports team. If some are offended, is his (or her) opinion enough to deprive the team of its merchandise copyright, and to deprive those who approve?

More racist, in my opinion, is the fighting Irishman of Notre Dame. He looks thick-headed, unfit, and not particularly bright: more like a Leprechaun than a human being. As for offensive, he seems to fit a racial stereotype that Irishmen get drunk and get into fights. Yet the US Patent office protects him for the organization, but not the Washington Redskin. Doesn’t the 14th amendment guarantee “equal protection of the laws;” why does Notre Dame get unequal protection?

Notre Damme Fighting Irish. Is this an offensive stereotype.

Notre Dame’s Fighting Irishman is still a protected symbol. Is he a less-offensive, racist stereotype?

Perhaps what protects the Notre Dame Irishman is that he’s a white man, and we worry more about insulting brown people than white ones. But this too seems unequal: a sort of reverse discrimination. And I’m not sure the protection of the 14th was meant to extend to feelings this way. In either case, I note there are many other indian-named sports teams, e.g. the Indians, Braves, and Chiefs, and some of their mascots seem worse: the Cleveland Indians’ mascot, “Chief Wahoo,” for example.

Chief Wahoo, symbol of the Cleveland Indians. Still protected logo --looks more racist than the Redskin to me.

Chief Wahoo, Still protected symbol of the Cleveland Indians –looks more racist than the Redskin to me.

And then there’s the problem of figuring out how racist is too racist. I’m told that Canadians find the words Indian and Eskimo offensive, and have banned these words in all official forms. I imagine some Americans find them racist too, but we have not. To me it seems that an insult-based law must include a clear standard of  how insulting the racist comment has to be. If there is no standard, there should be no law. In the US, there is a hockey team called the Escanaba (Michigan) Eskimos; their name is protected. There is also an ice-cream sandwich called Eskimo Pie — with an Eskimo on the label. Are these protected because there are relatively fewer Eskimos or because eskimos are assumed to be less-easily insulted? All this seems like an arbitrary distinction, and thus a violation of the “equal protection” clause.

And is no weight given if some people take pride in the symbol: should their pride be allowed balance the offense taken by others? Yankee, originally an insulting term for a colonial New Englander became a sign of pride in the American Revolution. Similarly, Knickerbocker was once an insulting term for a Dutch New Yorker; I don’t think there are many Dutch who are still insulted, but if a few are, can we allow the non-insulted to balance them. Then there’s “The Canucks”, an offensive term for Canadian, and the Boston Celtic, a stereotypical Irishman, but also a mark of pride of how far the Irish have come in Boston society. Tar-heel and Hoosiers are regional terms for white trash, but now accepted. There must be some standard of insult here, but I see none.

The Frito Bandito, ambassador of Frito Lays corn chips.

The Frito Bandito, ambassador of Frito Lays corn chips; still protected, but looks racist to me.

Somehow, things seem to get more acceptable, not less if the racial slur is over the top. This is the case, I guess with the Frito Bandito — as insulting a Mexican as I can imagine, actually worse than Chief Wahoo. I’d think that the law should not allow for an arbitrary distinction like this. What sort of normal person objects to the handsome Redskin Indian, but not to Wahoo or the Bandito? And where does Uncle Ben fit in? The symbol of uncle Ben’s rice appears to me as a handsome, older black man dressed as a high-end waiter. This seems respectable, but I can imagine someone seeing an “uncle tom,” or being insulted that a black man is a waiter. Is this enough offense  to upend the company? Upending a company over that would seem to offend all other waiters: is their job so disgusting that no black man can ever be depicted doing it? I’m not a lawyer or a preacher, but it seems to me that promoting the higher levels of respect and civil society is the job of preachers not of the law. I imagine it’s the job of the law to protect contracts, life, and property. As such the law should be clear, uniform and simple. I can imagine the law removing a symbol to prevent a riot, or to maintain intellectual property rights (e.g. keeping the Atlanta Brave from looking too much like the Cleveland Indian). But I’d think to give people wide berth to choose their brand expression. Still, what do I know?

Robert Buxbaum, August 26, 2015. I hold 12 patents, mostly in hydrogen, and have at least one more pending. I hope they are not revoked on the basis that someone is offended. I’ve also blogged a racist joke about Canadians, and about an Italian funeral.