Category: Uncategorized

  • Invitation from Howard Romaine

    Nashville Scene Movement
    Photos: http://www.nashscene.com/

    This week’s

    Nashville Scene has a portfolio of ‘movement photos’ of the Nashville movement; the online version,

    which places the photos in the text, unlike the print version which bunches the photos together, as is

    more typical, as a graphics mode, is more impressive, in my opinion.

    The fact that this paper

    has done this much is also impressive, and timely, as the Grand Opening of the ‘movement’ wing of the

    Nashville Public Library celebrates its ‘Grand Opening’ on Feb. 14, 15.

    As I’m

    practicing law near Nashville now, (as well as keeping a place in Atlanta) and I’d like to hear from

    any and all who plan to attend this function, so we perhaps can get together and chat about the next

    steps of the ‘white folks project’ or the ‘Nashville-Virginia-Mississippi-Louisiana-Texas-New

    York’ ongoing class in racial definitions, changes,
    behaviours and admonitions, to go backward

    down the alphabet.

    Howard Romaine

  • Princeton Report: Race Still Part of an Optimal Solution

    Racism 101 All Over Again

    By Greg

    Moses

    The spectre of race in Texas higher education was raised inside and outside the

    state as soon as the King holiday weekend was over. A campus task force at the University of Texas at

    Austin found new reasons to take race seriously. And a long-term study from Princeton dismissed highly

    racialized suspicions that have swirled around the Texas “ten percent plan.”

    As

    quoted by the Houston Chronicle’s Todd Ackerman, the task force at the Austin campus, found that,

    “people from various racial and ethnic backgrounds don’t understand each other.”

    Therefore, according to the chair of the committee, “Rather than just providing

    stopgap measures when issues arise, we hope to integrate racial respect and fairness throughout the UT

    community.”

    [http://www.chron.com/cs/CDA/ssistory.mpl/metropolitan/2363406]

    The bureaucratic neutrality of the findings, of course, fail to convey the fact that

    one must understand white folk as a survival skill in American today (can you say Iowa caucus?), so if

    different people are having trouble understanding each other, the problem is more likely to belong on

    the side of white folks who still think they have so little to learn about people of color.

    The Houston Chronicle report also neglects the stormy history of past attempts to

    inaugurate “multiculturalism across the board” at the Austin campus. The English Department, once

    upon a time, tried to require a textbook for freshman writing that included critical theory in race and

    gender.

    Hunter Thompson invented the term shithammer for the kind of politics that

    came down during the “Texas Comp. Controversy” of 1990. It is shamefully amusing today to re-read

    the complaints of stolid scholars complaining fourteen years ago about that, “highly politicized

    faction of radical literary theorists” who dared to make race everybody’s business.

    [http://lists.village.virginia.edu/lists_archive/Humanist/v04/0372.html]

    And yet, some of the consequences of ongoing white ignorance about race could be read

    between the lines of this week’s Princeton report, which found that careful scientific analysis did

    not support popular prejudices, fed by media reports, that the state’s admissions laws were driving

    better qualified, white students, out of state.

    The prejudicial suspicions were never

    quite uttered publicly as racist, but the demographics leave little question about the racialized

    nature of the allegations.

    The “popular complaint” goes like this: since the

    state’s best universities have to admit the top ten percent of high school graduates under the “top

    ten plan”, students from the worst high schools are taking places that ought to go to more students

    from “better” high schools.

    As the complaint continues, many students from the high

    quality high schools, or so-called “feeder schools,” are therefore having to leave the state,

    contributing to a Texas brain drain.

    The racialized nature of the complaint may be found

    in the history of the top ten plan, which was explicitly devised to substitute for affirmative action

    during the Hopwood period in Texas history. In fact, to illustrate just how racialized the “ten

    percent plan” was, professors Lani Guinier and Gerald Torres argued at the time that the ten percent

    plan illustrated a brand new theory of race.

    As the Princeton report points out, if

    the ten percent plan works as a sort of semi-substitute for affirmative action, it is because Texas

    high schools are still segregated.

    In the words of Princeton authors Marta Tienda

    and Sunny Niu:

    “The Texas school segregation patterns that enabled H.B.588 [the ten

    percent law] to restore some diversity at college campuses after 1996 imply disproportionate

    representation of blacks and Hispanics at high schools where large shares of students are economically

    disadvantaged. In fact, over 30 percent of black seniors and nearly half of Hispanic seniors graduated

    from a high school designated as poor, but only 2.5 and 3.9 percent, respectively, attended one of the

    “feeder” high schools. By contrast nearly 13 percent of non-Hispanic white students graduated from

    feeder high schools, as did 18 percent of Asian-origin students.”

    [http://www.texastop10.princeton.edu/publications/tienda011504.pdf]

    Between schools that

    are “feeders” and schools that are “starved” is a demographic of class and race, where vestiges of

    separate and unequal remain.

    But as Dallas Morning News reporter Kent Fischer tells us

    in his Tuesday report, the results of the ten percent plan have not yielded much in the way of

    diversity as far as Texas A&M University is concerned.

    Fischer introduced Texas A&M near

    the end of his story about the Princeton report, only to forget it precipitously as we shall soon see.

    By interviewing thousands of students, the Princeton report is able to show us that

    more Texas youth would prefer to leave the state. It’s not the ten percent plan that’s “forcing”

    students out, rather it’s the rest of the country that’s attracting students away from the Lone Star

    State. If truth be told, more students would have gone out of state for higher education had they been

    more successful in meeting their goals.

    As for the suspicion that the “poor” high

    schools were producing poorly qualified candidates, the Princeton report notes that many of these

    students landed some of the most competitive out-of-state offers.

    And considering the

    number of “feeder” school students who eventually won admission to college, the Princeton report

    tells us that they do better than most students in the nation in terms of landing the schools they

    want.

    Not surprisingly, the Princeton report suggests that black students from Texas

    tend to be more likely to set their sights out of state in the first place, and secondly are less

    likely to want to go to Texas A&M at all. These are problems well known in College Station, even if

    the Aggie solutions look more often like bad jokes.

    Tienda and Niu raise questions about

    the purpose of public higher education, which still has a sort of populist legacy in Texas. The

    question of allocating seats is a serious public question, and they contribute to a tone of seriousness

    about it.

    And so the Princeton researchers conclude that, “a modified percent plan

    combined with a narrowly tailored consideration of race would yield the optimal solution for

    Texas.”

    “That, in fact, has happened,” reports the Dallas Morning News. Say that

    again? What has in fact happened. The Morning News, which had reminded us a few paragraphs back about

    the predicament of Texas A&M admissions, now completely moves on.

    [http://www.dallasnews.com/latestnews/stories/012004dntextop10percent.5e2c9.html]

    Ignoring its own recently published reports about Texas A&M’s decision last month to

    abolish its narrowly tailored considerations of race, the Morning News closes only with the example of

    the University of Texas at Austin, which will employ a constitutionally refurbished affirmative action

    plan. And never mind that the Austin campus still needs a fifteen member committee of presumably non-

    radical literary theorists to soberly recommend systematic racial understanding.

    In

    their consideration of the Texas ten percent plan, Lani Guinier and Gerald Torres argued that a new

    theory of race was in the making, one that superseded old paradigms of affirmative action. Yet, the

    Princeton report and the outcry during the last month from Texas civil rights community indicates that

    old lessons may still have legs. Affirmative action by any other name, is, after everything has
    been

    carefully considered, “the optimal solution.”

    In light of these fresh reports, The

    Texas Civil Rights Review is especially ea
    ger to share with you the documentary evidence that Texas A&M

    used to adopt its anti-affirmative action policy… as soon as the Texas Open Records Law is obeyed.

    Please stay tuned.

  • A&M Committe Reports ''Growing Inability'' in 2002

    [Quote:] Despite the small percentage gains over the twenty-year period,

    the number of minority
    students and faculty, when viewed as a percentage of the total, remains

    small. This is
    particularly true of African Americans and Hispanics students. TAMU is basically an

    enclave
    for the education of white students by white faculty. In addition, although our

    undergraduate
    students are primarily white U.S. citizens, over half of our graduate students are

    from foreign
    countries or hold nonresident status. Overall, this is an indication of TAMU’s growing

    inability
    at both the undergraduate and graduate levels to effectively attract, retain, and educate

    diverse
    Texan and American citizens despite the need to do so as reflected in the increasing

    diversity of
    Texas’ college age population. In fact, over the last twenty years there has been a

    12.9 percent
    growth in our state’s minority population but TAMU still serves the same population

    that it did
    in 1981. We do note, however, that the sizeable increase in the proportion of women

    students
    and the increase in the percent of women faculty at TAMU is a major achievement over the

    past
    two decades.[end quote, Student and Faculty Minority Conditions at Texas A&M University: A

    Longitudinal Comparison of the Years 1981, 1991, and 2001. June, August 2002. EXECUTIVE SUMMARY, pdf

    p. 4, see links for complete pdf.]

  • What Texas Promised in 2000

    (To

    begin Week Two of the legitimation crisis in civil rights that was precipitated by the Texas A&M Board

    of Regents, The Texas Civil Rights Review returns to the question of affirmative action as a civil

    right.)

    Summary: In 1980 the Texas A&M University Regents adopted affirmative action as

    a “good faith” commitment to civil rights. In 2000, Governor George W. Bush agreed that affirmative

    action would be pursued according to “controlling law.” With “controlling law” now back on the

    side of affirmative action in 2003, what gives the Regents the right to reverse their own “good

    faith” policy?

    I have read with interest some of the weekend news reports that still

    fail to acknowledge certain basic facts, chief among them being that Texas is one of a few states that

    enjoys special status because the US Dept. of Education’s Office for Civil Rights has determined that

    the state exhibits vestiges of segregation…..

    This dimension of the question I am

    dismayed to see buried under language about “diversity” and “preferences.” In fact, crucial civil

    rights issues are being affected, and the people of Texas so far have not been given any explanation of

    the likely civil rights implications of the Texas A&M policy, from either the president, Board of

    Regents, Governor, or media reports.

    To document the question more closely, here is a

    quote (copied and pasted) from the “Texas Commitment” to the Office of Civil Rights signed by

    Governor George W. Bush on May 11, 2000 and cited in the Fourth Texas Plan, p. 42 [a pdf version of the

    Fourth Texas Plan may be found at the following

    URL:

    http://www.thecb.state.tx.us/reports/pdf/0313.pdf%5D

    Here is what

    Governor George W. Bush promised:

    “It is understood that when the public agencies or

    institutions of higher education in Texas implement any of the measures or operate any

    other
    programs relating to admissions or financial aid in a race-conscious manner, they must operate

    in conformity with Title VI of the Civil Rights Act of
    1964, and its implementing regulations,

    applicable federal court case law, including Fordice, Regents of the University of California v. Bakke,

    438
    U.S. 265 (1978), Hopwood v. Texas, 78 F.3d 932 (5th Cir. 1996), and the U.S. Department of

    Education’s published policy regarding race-targeted
    financial aid, 59 Federal Register 4271 (Feb.

    23, 1994), so long as they are controlling law.”

    That is the verbatim

    clip.

    After the overthrow of Hopwood, doesn’t “controlling law” indicate that

    affirmative action is a constitutional civil right, especially necessary under the textbook conditions

    presented by Texas A&M University?

    In 1980, the Texas A&M Board of Regents voluntarily

    adopted a policy that included a “Commitment to Numerical Objectives.” Here’s what Texas A&M

    University System Chancellor said at the time:

    “The adoption of this resolution by the

    Board will be the first official step taken by any governing board in Texas toward voluntary

    compliance; and, in my view, will go a long way toward excluding Texas from the list of states who are

    scheduled to receive letters of compliance from the Office of Civil Rights of the Department of

    Education. If we can adopt this resolution and begin its good faith implementation, in the company of

    other major colleges and universities in Texas, this action may well enable us to manage our own

    affairs in the carrying out of various desegregation activities”

    Affirmative action,

    in other words, is the price that Texas A&M agreed to pay in order to maintain other freedoms in its

    so-called desegregation strategy. From where, suddenly, did the Texas A&M Board of Regents derive the

    freedom to de-segregate without affirmative action?

    [For reference to the above document

    from Chancellor Frank Hubert please visit the html collection of the Texas Civil Rights review

    at:
    http://pages.prodigy.net/gmoses/tcrr/edudocs.htm#hubert80a%5D

    It has not yet been

    made clear how the Texas A&M Board of Regents considered the special obligations that the school should

    respect as a party to commitments that it made in 1980 and that were recently renewed by the Governor

    in 2000.

    So I restate the dilemma we face if we consider the decision by the Texas A&M

    Regents as a “civil rights” decision.

    Either the Board of Regents did not consider the

    question of their civil rights obligations, and thereby disregarded their “good faith” civil rights

    commitment altogether, or the board acted with respect to some specific judgment, advice, or consent

    that has not been fully explained to the people of Texas.

    Certainly, the statement

    issued by the Texas A&M President addresses many things, but it does not address the question of

    affirmative action as a commitment to “civil rights.”

    In the absence of any discussion

    whatsoever about this crucial matter, it would seem that the Texas A&M Board of Regents, which once led

    the state into “Numerical Commitments” is now opening the gate the other way.

    Who

    would have given their support to the Texas A&M initiative if they had known the likely implications

    for civil rights?

    Under the Fordice ruling, which still stands as controlling law (even

    as Hopwood has fallen) it would be presumed that states finding themselves in predicaments such as

    Texas would be “expected” to administer a constitutional plan of affirmative

    action.

    Is the Texas A&M decision changing the shape of “controlling law” in civil

    rights? Until the questions are fully addressed, I remain worried. It looks like the Texas A&M

    decision has civil rights implications larger than the College Station campus. Furthermore, it looks

    like the Board of Regents has not exemplified “excellence in leadership” when it comes to civil

    rights.

    What it looks like is that the Texas A&M Board of Regents promised to undertake

    affirmative in “good faith” only so long as it could find no reason to break the promise. First

    chance it had to wiggle out, there it went, without any “civil rights” discussion. That’s what the

    evidence suggests so far.

    Citizens of Texas deserve a full accounting from the Texas A&M

    Board of Regents as to how their decision provides “leadership excellence” in the struggle for civil

    rights in Texas.

  • A Note from Hawaii: We Whites Don't Understand

    The following note responds to articles that were published at CounterPunch

    Dear Mr. Moses,
    Thank you for

    informing me about what’s going on in Texas. I do think at the heart of it is that white people do

    not respect or understand black people. I’m white myself, and I see this kind of ignorance as willful

    and damaging, both to whites and to blacks.
    So many times colleagues of mine at the minimum

    security prison where I teach refuse to open their ears to the nuances of African American

    speech.
    They don’t seem to understand that the experience of a black man or woman is so different

    from theirs. They can accept Oprah…but to realize that a black man who has been subjected to violence

    since the day he’s been born and yet can still stand in front of you and say, “I’m a man,” that

    this is greatness.

    Yesterday a man told me about the visions he had the two times he was

    shot in the head. I tried to talk to my fellow workers about him, but they just cynically brushed off

    his insights and laughed about his experiences.

    We whites don’t understand the surreal

    nature of American life for black people, the boundedness and lack of control that blacks are subjected

    to. I learned first about all this in college, reading Richard Wright
    and Toni Morrison, and then

    saw their enactment when I started working in a prison. It’s not that we whites have no souls, but

    sometimes I’m sure it must seem that way to blacks.

    In sadness,