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Full-Text Articles in Law

“Something Wicked This Way Comes”: Political Correctness And The Reincarnation Of Chairman Mao, David Barnhizer Jan 2015

“Something Wicked This Way Comes”: Political Correctness And The Reincarnation Of Chairman Mao, David Barnhizer

David Barnhizer

Mao’s Red Guards and the “Wicked Wisdom” of Lesley Gore There could not possibly be any parallel between the actions of Mao Tse Tung’s young Red Guard zealots and the intensifying demands of identity groups that all people must conform to their version of approved linguistic expression or in effect be condemned as “reactionaries” and “counter-revolutionaries” who are clearly “on the wrong side of history”. Nor, in demanding that they be allowed to effectively take over the university and its curriculum while staffing faculty and administrative positions with people who think like them while others are subjected to “re-education” sessions …


Surveillance, Speech Suppression And Degradation Of The Rule Of Law In The “Post-Democracy Electronic State”, David Barnhizer Jan 2014

Surveillance, Speech Suppression And Degradation Of The Rule Of Law In The “Post-Democracy Electronic State”, David Barnhizer

David Barnhizer

None of us can claim the quality of original insight achieved by Alexis de Tocqueville in his early 19th Century classic Democracy in America in his observation that the “soft” repression of democracy was unlike that in any other political form. It is impossible to deny that we in the US, the United Kingdom and Western Europe are experiencing just such a “gentle” drift of the kind that Tocqueville describes, losing our democratic integrity amid an increasingly “pretend” democracy. He explained: “[T]he supreme power [of government] then extends its arm over the whole community. It covers the surface of society …


An Essay On “Framing” And Fanaticism: Propaganda Strategies For Linguistic Manipulation, David Barnhizer Jan 2013

An Essay On “Framing” And Fanaticism: Propaganda Strategies For Linguistic Manipulation, David Barnhizer

David Barnhizer

In his brilliant classic, Propaganda, French philosopher Jacques Ellul explains that the stereotype—a key tool of propagandists--“helps [humans] to avoid thinking, to take a personal position, to form [their] own opinion.” The problem for a political system is that stereotypes do not require thought. They are “acquired by belonging to a group, without any intellectual labor.” Deborah Tannen describes what has occurred as the “Argument Culture”. In the “argument culture” we are fanatics, unable and unwilling to engage in the kinds of fact-based reasoned discourse that we always were told was at the core of the democratic system. Tannen observed …


The Illusion Of Creative Scholarship In American Universities And Law Schools, David Barnhizer Jan 2010

The Illusion Of Creative Scholarship In American Universities And Law Schools, David Barnhizer

David Barnhizer

The aim of this brief essay is to explore several of the dominant forms of scholarship in the university and in law schools. This is done by examining what are described as five sometimes incompatible ideals, those of development and pursuit of original knowledge for its own sake, preservation, refinement and transmission of the best forms of knowledge, objective social critique, individual activism and collective activism. Tenure track positions in American universities and in law schools particularly are comfortable sinecures. In far too many instances these privileged and lifetime positions serve mainly the personal interests and agendas of the purported …