In this issue

Jonathan Tobin: Defending the Right to a Jewish State

Heather Hale: Compliment your kids without giving them big heads

Megan Shauri: 10 ways you are ruining your own happiness

Carolyn Bigda: 8 Best Dividend Stocks for 2015

Kiplinger's Personal Finance editors: 7 Things You Didn't Know About Paying Off Student Loans

Samantha Olson: The Crucial Mistake 55% Of Parents Are Making At Their Baby's Bedtime

Densie Well, Ph.D., R.D. Open your eyes to yellow vegetables

The Kosher Gourmet by Megan Gordon With its colorful cache of purples and oranges and reds, COLLARD GREEN SLAW is a marvelous mood booster --- not to mention just downright delish
April 18, 2014

Rabbi Yonason Goldson: Clarifying one of the greatest philosophical conundrums in theology

Caroline B. Glick: The disappearance of US will

Megan Wallgren: 10 things I've learned from my teenagers

Lizette Borreli: Green Tea Boosts Brain Power, May Help Treat Dementia

John Ericson: Trying hard to be 'positive' but never succeeding? Blame Your Brain

The Kosher Gourmet by Julie Rothman Almondy, flourless torta del re (Italian king's cake), has royal roots, is simple to make, . . . but devour it because it's simply delicious

April 14, 2014

Rabbi Dr Naftali Brawer: Passover frees us from the tyranny of time

Greg Crosby: Passing Over Religion

Eric Schulzke: First degree: How America really recovered from a murder epidemic

Georgia Lee: When love is not enough: Teaching your kids about the realities of adult relationships

Cameron Huddleston: Freebies for Your Lawn and Garden

Gordon Pape: How you can tell if your financial adviser is setting you up for potential ruin

Dana Dovey: Up to 500,000 people die each year from hepatitis C-related liver disease. New Treatment Has Over 90% Success Rate

Justin Caba: Eating Watermelon Can Help Control High Blood Pressure

The Kosher Gourmet by Joshua E. London and Lou Marmon Don't dare pass over these Pesach picks for Manischewitz!

April 11, 2014

Rabbi Hillel Goldberg: Silence is much more than golden

Caroline B. Glick: Forgetting freedom at Passover

Susan Swann: How to value a child for who he is, not just what he does

Cameron Huddleston: 7 Financial Tasks You Should Tackle Right Now

Sandra Block and Lisa Gerstner: How to Profit From Your Passion

Susan Scutti: A Simple Blood Test Might Soon Diagnose Cancer

Chris Weller: Have A Slow Metabolism? Let Science Speed It Up For You

The Kosher Gourmet by Diane Rossen Worthington Whitefish Terrine: A French take on gefilte fish

April 9, 2014

Jonathan Tobin: Why Did Kerry Lie About Israeli Blame?

Samuel G. Freedman: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Jessica Ivins: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Kim Giles: Asking for help is not weakness

Kathy Kristof and Barbara Hoch Marcus: 7 Great Growth Israeli Stocks

Matthew Mientka: How Beans, Peas, And Chickpeas Cleanse Bad Cholesterol and Lowers Risk of Heart Disease

Sabrina Bachai: 5 At-Home Treatments For Headaches

The Kosher Gourmet by Daniel Neman Have yourself a matzo ball: The secrets bubby never told you and recipes she could have never imagined

April 8, 2014

Lori Nawyn: At Your Wit's End and Back: Finding Peace

Susan B. Garland and Rachel L. Sheedy: Strategies Married Couples Can Use to Boost Benefits

David Muhlbaum: Smart Tax Deductions Non-Itemizers Can Claim

Jill Weisenberger, M.S., R.D.N., C.D.E : Before You Lose Your Mental Edge

Dana Dovey: Coffee Drinkers Rejoice! Your Cup Of Joe Can Prevent Death From Liver Disease

Chris Weller: Electric 'Thinking Cap' Puts Your Brain Power Into High Gear

The Kosher Gourmet by Marlene Parrish A gift of hazelnuts keeps giving --- for a variety of nutty recipes: Entree, side, soup, dessert

April 4, 2014

Rabbi David Gutterman: The Word for Nothing Means Everything

Charles Krauthammer: Kerry's folly, Chapter 3

Amy Peterson: A life of love: How to build lasting relationships with your children

John Ericson: Older Women: Save Your Heart, Prevent Stroke Don't Drink Diet

John Ericson: Why 50 million Americans will still have spring allergies after taking meds

Cameron Huddleston: Best and Worst Buys of April 2014

Stacy Rapacon: Great Mutual Funds for Young Investors

Sarah Boesveld: Teacher keeps promise to mail thousands of former students letters written by their past selves

The Kosher Gourmet by Sharon Thompson Anyone can make a salad, you say. But can they make a great salad? (SECRETS, TESTED TECHNIQUES + 4 RECIPES, INCLUDING DRESSINGS)

April 2, 2014

Paul Greenberg: Death and joy in the spring

Dan Barry: Should South Carolina Jews be forced to maintain this chimney built by Germans serving the Nazis?

Mayra Bitsko: Save me! An alien took over my child's personality

Frank Clayton: Get happy: 20 scientifically proven happiness activities

Susan Scutti: It's Genetic! Obesity and the 'Carb Breakdown' Gene

Lecia Bushak: Why Hand Sanitizer May Actually Harm Your Health

Stacy Rapacon: Great Funds You Can Own for $500 or Less

Cameron Huddleston: 7 Ways to Save on Home Decor

The Kosher Gourmet by Steve Petusevsky Exploring ingredients as edible-stuffed containers (TWO RECIPES + TIPS & TECHINQUES)

Jewish World Review Feb. 14, 2007 / 26 Shevat, 5767

Law, like history, comes full circle

By Paul Greenberg

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http://www.JewishWorldReview.com | This country, in contrast to Europe with its wars and revolutions, has been blessed with a remarkably continuous history — with the exception of that unfortunate interlude from 1861 to '65, aka the late unpleasantness.

In a curious reversal, both sides in that terrible conflict switched their legal positions once the Union was restored and peace finally returned:

The Southern states that had left the Union explained that, since they were now back, they were entitled to all the powers and perquisites pertaining to statehood, including full representation in Congress.

On the other side, the Republican Radicals who had insisted during the war that the Union was indissoluble, explained that the Southern states, having broken the compact, were no longer full-fledged states but "conquered territory," and should be treated as such.

Here's the moral of that story: Law may reflect not so much legal principles as the interests and desires, passions and prejudices, of those debating it.

Much the same curious reversal seems to be taking place in the current, and apparently endless, debate in this country over schools, race and the law. Little Rock's school integration, for example, is still in the courts after half a century of litigation, even if it's styled differently from time to time.

Back in 1958, after it had become the focal point of a constitutional crisis, Little Rock's school district asked the federal courts to delay racial integration for a couple of years in order to preserve the "educational quality" of its schools.

Underlying that appeal was the assumption that educational quality emanates from the presence of white students, and the fear that, if they fled integration, the public school system would be doomed.

To quote Virgil Blossom, Little Rock's school superintendent at the time, "Our purpose was minimal compliance with the law in a manner acceptable to the courts and the community — not to wreck the school system by arousing resentment." (By community, of course, he meant only the white community.)

That argument, though successful on the district level, was turned down on appeal, first by the Eighth Circuit and then by the U.S. Supreme Court in emergency session. In the eyes of the justices, the individual rights of black students trumped arguments about the need to preserve "educational quality" and the stability of the school district. And those black students were not to be discriminated against solely because of their race.

Today, half a century later, two other school districts — one in Seattle and another in Louisville, Ky. — have now come before the U.S. Supreme Court echoing what was the Little Rock School District's chief argument in 1958. Only this time it is white students who must be discriminated against in order to preserve the "educational quality" and stability of these school districts.

Because, it is argued, if white students are allowed into the schools of their choice, and which they would have every right to attend if they weren't the wrong color, then these school districts would soon be re-segregated and the quality of education lowered unacceptably.

It is still assumed that, by some mysterious process of osmosis, educational quality emanates from the presence of white children in the classroom. And if they were removed from the largely black schools they've been assigned to, their black classmates would suffer unjustly, even unconstitutionally.

Whether this argument is called racism or classism or just realism, it still places the interest and desires of the school district, the group, the "community," above the rights of individual students. Just as Little Rock's appeal did in 1958. The only difference is that this time the kids being discriminated against on account of their race are white.

There was a time, back in the '50s and '60s, when a legally enforced system of racial segregation had to be broken up. Back then, this numbers game played with black and white chips may have been relevant. It showed, by the numbers, whether Jim Crow education was really being ended.

But half a century after Brown v. Board of Education, the game grows less and less relevant—or useful.

Just imagine if all the futile effort and expense put into this endless litigation had been invested in improving education for all. That is, invested in innovations like vouchers, charter schools, individual tracking of students, merit pay for teachers, basic accountability. Would many of us care about the color of the child next to ours in school if both were getting a first-rate education?

While listening to the attorneys and justices arguing this case — what a useful innovation C-SPAN is! — what struck me was how little had changed since 1968. But this time it was the "liberal" justices of the court like Stephen Breyer and Ruth Bader Ginsburg who were arguing in favor of racial discrimination in order to achieve some loftier goal, like educational quality and community stability.

Once again a curious reversal has taken place, and things have come full circle.

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