Tag Archives: racism

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.

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.

Chinese jokes

At college, my chinese room-mate wanted to make a surprise birthday dinner for his girlfriend.

….. But someone let the cat out of the bag.


Then there was the fellow who broke into the Fortune Cookie Factory with a hammer and broke virtually all the fortune cookies — as many as he could find — in an act of wonton destruction.


And finally,


I don’t believe racial jokes are evil, but suppose it all comes down on your idea of good humor. Comedy always involves odd people, or people doing things differently. The difference doesn’t have to be insulting, just different, and all good jokes provide some new insight.

Robert E. Buxbaum, October 29, 2015. Every now and again I post jokes– and then I analyze them to death (it’s funny because ….). Recent ones include an Italian Funeral joke, a fetish lawyer joke, and things on, engineers, dentists, piratessurrealism. Just click the “jokes” tab at right for the whole, unsightly assortment.

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.