Using the Master’s Tool to Dismantle His House: Derrick Bell, Herbert Wechsler, and Critical Legal Process

This Article retells the life stories of Derrick Bell, a founder of Critical Race Theory, and Herbert Wechsler, a founder of the Legal Process School, to suggest a synthesis of their often conflicting paradigms—Critical Legal Process. Critical Legal Process’s fundamental question is whether the Master’s tool, the so-called rule of law, can be considered—in the words of Wechsler’s most famous article—a genuine “neutral principle.” Can the Master’s favorite tool be repurposed to dismantle the very house it built? Can the same rule of law that was abused to build the racist Jim Crow system not only dismantle that explicitly racist system but also lessen further racism moving forward? Bell would answer “No.” Wechsler would answer with a resounding “Yes.” Bell and Wechsler offer merging and mirror images of Critical Legal Process’s critique of the rule of law. Both famously criticized Brown v. Board of Education, the U.S. Supreme Court opinion popularly celebrated for catalyzing the dismantling of the American apartheid system. Both began their respective legal careers as insider liberal civil rights reformers. Both served as federal civil government lawyers in the U.S. Department of Justice. When asked to renounce his two-dollar membership in the National Association for the Advancement of Colored People, Bell refused and left Justice. Rejecting Bell’s uncompromising approach, Wechsler unapologetically and successfully argued Korematsu, the infamous U.S. Supreme Court case that upheld the World War II internment of Japanese-Americans. Although Bell later renounced his insider status to become an outsider protester who rejected the rule of law, Wechsler maintained his steadfast belief in incremental, insider liberal legal reform to improve the rule of law. Bell’s own fictitious story about a lawyer named Erika Wechsler, the daughter of a liberal civil rights law professor, and her White Citizens for Black Survival organization, proposes how Critical Legal Process could synthesize Bell’s critical deconstructive and Wechsler’s transformative reconstructive legacies of the rule of law

Geographic Discrimination: Of Place, Space, Hillbillies, and Home

This Essay explores the two-sided challenge of geographic discrimination, where U.S. citizens receive disparate treatment from other citizens or the government solely because of where they live or self-identify as home, through the interdisciplinary concepts of space, place, and distance; and an original examination of discrimination against Appalachians. Such disparate treatment is unavoidable and even arguably politically correct. Where we call home matters in a number of legitimate ways to include our access to jobs and services, culture, educational opportunities, and other basic human capabilities. Although technology has increased individual mobility more than ever before, a majority of Americans nevertheless live in the same state where they were born. But even the most invidious geographic discrimination-locational prejudice-remains largely legal under U.S. law. As exemplified by sports rivalries and Appalachian stereotypes, Americans continue to make the stereotyping sampling error, sweeping categorical assumptions about people from a particular place that they probably would not make about race or gender. The hillbilly epithet long hurled at Appalachians is one of the oldest examples of locational prejudice in U.S history. Although Appalachians are often stereotyped as a marginalized poor White minority, in reality, if all the counties defined by federal statute as Appalachia became one state, that state would be the third largest state in the nation with about 17% nonwhite citizens. Appalachians, like other regional identities, possess considerable definitional problems. Most locational prejudice against Appalachians has probably occurred in places outside Appalachia. Generations of Appalachians have been forced to move to find jobs in the so-called Great Migration of the late 19th and 20th centuries. These self-declared urban Appalachians still consider Appalachia their home. Despite the U.S. District Court encompassing Cincinnati, Ohio, rejecting treating Appalachians as a protected class under the Civil Rights Act of 1964, the City of Cincinnati passed a Human Rights Ordinance in 1992 that remains the only known U.S. law to proscribe Appalachian discrimination. What distinguishes Appalachian discrimination from other U.S. geographic discrimination, however, is the remarkable official recognition that Appalachia has historically suffered locational prejudice by the federal government and by the nine states within Appalachia. Such invidious locational prejudice-as distinguished from the unavoidable consequences of personal choice and regional planning-requires a remedy. How should U.S. law treat citizens who embody multiple, intersecting protected classes like race, gender, and sexual orientation? Geography has long provided a practical and principled panacea to the longstanding intersectionality or multidimensionality) problem. Focusing on home and practical geography may not only allow policy makers to reconcile competing individual identities and protected classes but also help eliminate pretextual discrimination while encouraging concrete compromise. U.S. law already distinguishes its equal protection jurisprudence geographically with its hierarchy of national, state, county, and municipal law. Basic human capabilities like having a place to live, a job to provide for your family, and a school to teach your children to contribute to U.S. society all require geographic place and space. Ultimately, freedom from discrimination means freedom to come home to where you are equally valued and possess equal opportunity

Issues in the Use of Ratings-based Versus Choice-based Conjoint Analysis in Operations Management Research

Conjoint analysis has played an important role in helping make a number of operations management decisions including product and service design, supplier selection, and service operations capacity. Many recent advances in this area have raised questions about the most appropriate form of conjoint analysis for this research. We review recent developments in the literature and provide new evidence on how the choice between ratings- and choice-based conjoint models might affect the estimates of customer demand used in operations management models. The biggest systematic difference between ratings-based (RB) and choice-based (CB) parameters is consistent with the compatibility effect, i.e., some enriched attributes like brand name tend to be more important in RB models and some comparable attributes like price are likely to be more important in CB models. Still, there were reasonably small differences between choice- and ratings-based parameters. Parameter similarity was also seen in the lack of differences both in the choice share validations when the ‘‘keep on shopping” alternative was not considered and in the profiles that were predicted to maximize choice shares. This suggests that the two approaches will produce similar estimates of the relative importance of various attributes. In spite of demonstrated success with each method, several reasons lead us to recommend the use of hierarchical Bayesian choice-based conjoint models. First, the slightly higher individual hit rate validations give us greater confidence in predictive accuracy overall as well as an increased ability to target individual customers. Additionally, the greater ease of modeling both changes in market size and competitive reactions are attractive benefits of choice-based models

Phase 1 Study of the E-Selectin Inhibitor GMI 1070 in Patients with Sickle Cell Anemia

Background\ud \ud Sickle cell anemia is an inherited disorder of hemoglobin that leads to a variety of acute and chronic complications. Abnormal cellular adhesion, mediated in part by selectins, has been implicated in the pathophysiology of the vaso-occlusion seen in sickle cell anemia, and selectin inhibition was able to restore blood flow in a mouse model of sickle cell disease.\ud \ud Methods\ud \ud We performed a Phase 1 study of the selectin inhibitor GMI 1070 in patients with sickle cell anemia. Fifteen patients who were clinically stable received GMI 1070 in two infusions.\ud \ud Results\ud \ud The drug was well tolerated without significant adverse events. There was a modest increase in total peripheral white blood cell count without clinical symptoms. Plasma concentrations were well-described by a two-compartment model with an elimination T1/2 of 7.7 hours and CLr of 19.6 mL/hour/kg. Computer-assisted intravital microscopy showed transient increases in red blood cell velocity in 3 of the 4 patients studied.\ud \ud Conclusions\ud \ud GMI 1070 was safe in stable patients with sickle cell anemia, and there was suggestion of increased blood flow in a subset of patients. At some time points between 4 and 48 hours after treatment with GMI 1070, there were significant decreases in biomarkers of endothelial activation (sE-selectin, sP-selectin, sICAM), leukocyte activation (MAC-1, LFA-1, PM aggregates) and the coagulation cascade (tissue factor, thrombin-antithrombin complexes). Development of GMI 1070 for the treatment of acute vaso-occlusive crisis is ongoing

A Two Micron All-Sky Survey View of the Sagittarius Dwarf Galaxy: II. Swope Telescope Spectroscopy of M Giant Stars in the Dynamically Cold Sagittarius Tidal Stream

We present moderate resolution (~6 km/s) spectroscopy of 284 M giant candidates selected from the Two Micron All Sky Survey photometry. Radial velocities (RVs) are presented for stars mainly in the south, with a number having positions consistent with association to the trailing tidal tail of the Sagittarius (Sgr) dwarf galaxy. The latter show a clear RV trend with orbital longitude, as expected from models of the orbit and destruction of Sgr. A minimum 8 kpc width of the trailing stream about the Sgr orbital midplane is implied by verified RV members. The coldness of this stream (dispersion ~10 km/s) provides upper limits on the combined contributions of stream heating by a lumpy Galactic halo and the intrinsic dispersion of released stars, which is a function of the Sgr core mass. The Sgr trailing arm is consistent with a Galactic halo containing one dominant, LMC-like lump, however some lumpier halos are not ruled out. An upper limit to the total M/L of the Sgr core is 21 in solar units. A second structure that roughly mimics expectations for wrapped, leading Sgr arm debris crosses the trailing arm in the Southern Hemisphere; however, this may also be an unrelated tidal feature. Among the <13 kpc M giants toward the South Galactic Pole are some with large RVs that identify them as halo stars, perhaps part of the Sgr leading arm near the Sun. The positions and RVs of Southern Hemisphere M giants are compared with those of southern globular clusters potentially stripped from the Sgr system and support for association of Pal 2 and Pal 12 with Sgr debris is found. Our discussion includes description of a masked-filtered cross-correlation methodology that achieves better than 1/20 of a resolution element RVs in moderate resolution spectra.Comment: 41 pages, 6 figures, Astronomical Journal, in press (submitted Nov. 24, 2003; tentatively scheduled for July 2004 issue

Abrupt reversal in emissions and atmospheric abundance of HCFC-133a (CF3CH2Cl)

Hydrochlorofluorocarbon HCFC-133a (CF3CH2Cl) is an anthropogenic compound whose consumption for emissive use is restricted under the Montreal Protocol. A recent study showed rapidly increasing atmospheric abundances and emissions. We report that, following this rise, the at- mospheric abundance and emissions have declined sharply in the past three years. We find a Northern Hemisphere HCFC-133a increase from 0.13 ppt (dry air mole fraction in parts-per-trillion) in 2000 to 0.50 ppt in 2012–mid-2013 followed by an abrupt reversal to 0.44 ppt by early 2015. Global emissions derived from these observations peaked at 3.1 kt in 2011, followed by a rapid decline of 0.5 kt yr−2 to 1.5 kt yr−1 in 2014. Sporadic HCFC-133a pollution events are detected in Europe from our high-resolution HCFC-133a records at three European stations, and in Asia from sam- ples collected in Taiwan. European emissions are estimated to be <0.1 kt yr−1 although emission hotspots were identi- fied in France