I do.

It depends where you ask this question. There is one answer for the United States of America, the Land of the FREE and the Home of the Brave and there is one answer for the REST OF THE WORLD.

In the REST  OF THE WORLD there are 0 / ZERO / nil / Zed / zip / zilch / nada.

In the United States of America, the Land of the FREE and the Home of the Brave there are 2,600.

That is a lot.

Allow me to explain what this means. A 16 year old kid is involved in a homicide. He is found guilty. He gets a sentence of Life Without Parole (LWOP). That means that he goes to prison as a 16 year old and will NEVER see the light of freedom in his entire life. No matter how much he changes as a human being, no matter how productive he can be in society his crime costs him the rest of his life.

LWOP is pretty severe for an adult. But a adult is more culpable for his actions than a juvenile. Yet, me basically are willing to throw away a life for the crime of a child. I am sure we have all done stupid things as children. We grow out of them. Luckily for us we can grow out of them in freedom. For 2600 prisoners that will never have the opportunity to see freedom it won’t matter if they have grown up or been rehabilitated. The purpose of the Juvenile Justice System was once to rehabilitate youth. At this point, it is hard to imagine that is the goal if youth can be locked up forever.

It sounds pretty egregious, right?

One might be tempted to think that this would never pass a vote today. One might assume that if the legislature had a chance to give some youths who grew up and been rehabilitated they could have a chance to show that they are ready to return to society, the legislature would change the law.

SB 399 was that bill. It was voted on last week. It failed. It was close. But it failed.

I can’t believe it.

Hopefully, next time it comes up it will pass.

In the meantime I recommend watching this 30 minute video on some of the flaws of the justice system as currently constituted in the United States of America, the Land of the FREE and the Home of the Brave. It touches on SB 399 and many other important issues. Please watch it.

Related posts:

1. The D.C. Sniper’s Execution
2. Crosses Honor Fallen Soldiers of All Faiths
3. Irresponsible Journalism From the New York Times

So I set up shop outside the Shul on the Beach on a Sunday afternoon. Literally thousands of people pass the Shul on a beautiful summer Sunday like yesterday. I started all alone, but was eventually joined by Shul Co-President Alan Danziger and veteran of the Venice Boardwalk outreach scene, Rabbi Mintz and as the Klezmer Concert approached (Klezmer on the Beach Concert Was a Great Success) many, many friends, neighbors and my family. Over the course of the few hours we were there plenty of folks from the local area and as far as Australia, London, Israel (of course) and South Africa stopped by.

Everyone was offered some apples and honey to symbolize our wish for a sweet new year and many obliged. We also gave tours of our shul and some even took advantage of the photo opportunity to take one with a rabbi (me). No doubt to show their parents back home “See I am hanging out with a rabbi in a shul!”. Of course we also invited them all to come again on the High Holidays if they needed a place to go and even to stop by on a Shabbos for a few moments any time they please.

Hopefully, we will be there again this coming Sunday of Labor Day weekend to meet more people and dip even more apples into honey.

We look forward to more events open to the public and much more Outreach on the Beach.

If you are in a position to help us continue these efforts, Pacific Jewish Center needs your help. You can help us with even the smallest token donation by clicking the donate button:

If you were there yesterday and are seeing yourself in the photos below, say hi and please come back soon!

Related posts:

1. Outreach on the Beach 6/14/09
2. Klezmer on the Beach Concert Was a Great Success
3. Venice Historical Society Visits Pacific Jewish Center at the Shul on the Beach

Dr. Ellie Goldstein’s close friend has been playing for Dr. Goldstein and his friends at Dr. Goldstein’s home for many years. Ron Grun (along with Ken Husbands) are very talented klezmer musicians and close friends of Dr. Goldstein.

Over the last year, PJC has been privileged to have Dr. Goldstein and his friends join our shul. One of the many perks of their involvement was the concert taking place in the shul.

About 60-70 people attended the concert and many others stopped by for a quick listen and carried on their way along the boardwalk. We are so appreciative that Dr. Goldstein shared the concert with us and the entire beach community.

The concert was great. I confess to not being a Konnoisseur of Klezmer and I was very impressed. The music was great wonderful and the explanations that our performers provided were very interesting. I am so glad that so many folks were able to join us and stop by to get a taste of our shul and the friendliness of our community.

We look forward to more events like this in the future.

If case you missed it, here is a sample of the concert. (And next time be there!)

And a slideshow: (if you are at work and can’t turn up the volume…)

Related posts:

1. Outreach on the Beach | Apples and Honey 8/29/10
2. Purim Celebration at The Shul on the Beach Invitation 2/28/10
3. Outreach on the Beach | Pesach 2010 4/4/10

Seeing as Rosh Hashana (the Jewish New Year) is a mere 9 days away, if we were Christian and the New Year was 9 days away, we would be knee-deep in the “Holiday Spirit”. A congregant of mine told me an anecdote that would fit neatly in the “Holiday Spirit” if we had an equivalent.

This fellow was shopping at the local butcher (Western Kosher) and he noticed an orthodox Jewish woman had stacked her yogurt on top of her chicken. Now, most orthodox Jews don’t think twice about that kind of move, but there are some people who are new to religious Judaism who prefer to keep their milk and meat products separate in their shopping carts. (No, there is no reason to do this, it just happens that fellow in the story does separate his meat and milk in his shopping cart.) So the fellow thinks about saying something to the nice lady but thought it was a silly thing to bring to her attention because he realized that there is nothing wrong with stacking cold yogurt in a package on top on cold chicken in a package.

By now, she had caught his attention and he noticed that she was holding a list with at least 8 or 9 items. Her overhears that woman say to the manager “Please put $1000 in the Schwartz* account. $1000 in the Goldberg account. $1000 in the Cohen account.” and so she went for a few minutes, quite simply crediting at least 8 or 9 families with $1000 out of her own pocket. This fellow was witnessing a true act of charity. Charity given in the most respectful way with no begging, handouts or embarrassment. An estimated $10,000 went to the less fortunate of Los Angeles last week from this woman alone.

That is a universal Holiday Spirit.

*names changed (duh)

Related posts:

1. Misleading Charity Campaign
2. Reversing A Trend | A Kiddush Hashem Story
3. Kim Clijsters: Tennis Champion and Mother

Child Witches in Nigeria

I saw this CNN article on a friend’s Facebook page.

There is a severe humanitarian crisis in Nigeria. I don’t know how much we can do to help but I think the crisis is emblematic of social issues in our culture as well.

Innocent children are being physically abused, even tortured or killed because they are thought to be witches. If a child can be blamed for a tragedy or illness by claiming they are a witch they will be outcast, then beaten and then abandoned to rid the community of the witch.

Lack of education combined with the abject poverty these folks live under contributes to the social environment that allows for witch hunts. Lack of education and poverty in our country contribute to most of our social ills as well. Fear of the unknown contributes to hate and hate crime. While I don’t think we can do that much to change the environment in Nigeria (Do Not Send Your Money To Nigerian Spammers!) we can make changes in our communities to help every child get an education and have an opportunity to climb out of poverty.

The video talks about a great man who is not gripped in the beliefs of these people and does everything he can for the accused witches. He maintains an orphanage for the abandoned and tortured children and unfortunately his facility is bursting at the seams.

There is a Facebook Page where you can help these children: Click here.

I suggest watching the video below and reading the original article on CNN.

One side note: According to the CNN article the exorcism and excommunication occurring in Nigeria is being done in Churches. It is being done with Pastors. It is a religious ceremony and considered to be part of Christianity.

I am sure nearly all American Christians would vehemently disagree with the beliefs and tactics of the Nigerian Christians. I think it is worthwhile noting that religious folks in Third World Countries living in poverty with little or no education tend to act irrationaly, violently and are extreme in their beliefs. This applies equally to Christians, Jews and yes, Muslims too.

Just something worth thinking about…

CNN Video:

CNN Article: Children abused, killed as witches in Nigeria

Related posts:

1. The Orthoprax Rabbi Takes the J-Blogosphere By Storm
2. Don't Be A Hater
3. Fundamentalists and Extremists Are The Exceptions, Not The Rule

My grandmother was celebrating her 70th birthday (that’s not so unique – right?) AND her recent Ph.D (yes – she just got her Ph.D). Veteran readers of this blog will remember that both my grandmothers work full time (see: My Thoughts On The Aughts). That’s an accomplishment on its own merits!

This grandmother, her name is Louise Fink, is the younger of the duo and she is a practicing clinical psychologist and the Head of Health Services for the Baltimore City Public School System, which means that she is charge of the mental health and special education departments for the entire BCPS. One might think that would satisfy one’s ambition. But not her. My grandmother went for her Ph.D while working full time at time in her life that most people contemplate retirement. All of this while she tended to her ailing husband who has since passed (may his memory be blessed).

Many friends and family attended the party. The only thing missing from the party was the press! Well, its 2010 and today’s press are the bloggers. I was there and I am reporting that yes it is true, Louise Fink is now Dr. Louise Fink Ph.D and a mother to incredible children, grandmother to wonderful grandchildren and great grandmother to adorable great grandchildren.

We have learned so much from our grandmother. We have learned about life, love, education, Torah and family from her. We have recognized her greatness for a long time and now it is time she is recognized publicly.

Thank you for being such a special grandmother, special human being (and reader of my humble blog).

We look forward to sharing many more milestones together!

Related posts:

1. Mr. Miller is Honored by the City of Baltimore and I’m Still Riding His Coattails
2. Mr. Miller (and me) In The Baltimore Jewish Times
3. Yom Kippur Wishes

Dr. Laura Schlessinger is quitting the over-the-air radio business. She has been forced into a corner with no apparent way out. Her resigning was demanded in the wake of her comments to a caller in which she used racial slurs to illustrate a point.

I am not defending Dr. Laura’s use of insensitive language, however I do not think she should quit or be asked / forced to quit.

Here is exactly what happened: (Source)

A black woman called the show and told Dr. Laura that

her husband is white and his relatives frequently use hurtful racial language around her, including the “N-word.” In response, Schlessinger said “Black guys use it all the time. Turn on HBO, listen to a black comic, and all you hear is n*****, n*****, n*****.” Schlessinger also told her that “If you’re that hypersensitive about color and don’t have a sense of humor, don’t marry out of your race.”

Predictably, there was a lot of backlash and Dr. Laura was forced to quit.

The Dr. Laura flap reminded me of the Helen Thomas fiasco. Thomas was also forced to resign in the wake of her insensitive comments as well.

Thomas said something to effect of:

Israelis should “get the hell out of Palestine” and “go home” to Germany and Poland.

Thomas took the heat for a few days until she quit.

I think these stories are both tragic.

Yes, in both cases, the comments were insensitive. Would they like to take back their words if they could? Sure. So why don’t we let them?

Both of these women speak millions of words over the course of their careers. It is inevitable that they will slip up. Why are we so swift to demand they give up their careers? Have we become so sensitive that there is no longer forgiveness?

It goes to a deeper issue as well.

The distillation of thought and narrowing of acceptable speech severely hampers the ability for Americans to debate and discuss issues. The 1st Amendment protects our right to free speech. This right has been described as providing a marketplace of ideas. If we allow whoever yells loudest to bully the marketplace then the marketplace becomes dominated by that voice.

The proper response to speech that you find offensive is not deprive the speaker from speaking further.* It is by explaining why the speech is offensive and offering counter-speech. Discussion and debate. Not calls for resigning.

By allowing bullies to determine who is permitted in the marketplace if ideas and who is not permitted in the marketplace of ideas curtails the effectiveness of that marketplace.

Dr. Laura and Helen Thomas were important voices. They may be infuriating at times and they may have been insensitive. But that is not a reason for their voices to be lost. The marketplace of ideas has fewer voices and that hurts us.

The real losers in their resignations is us.

*Severe forms of hate speech that are likely to incite violence or compromise the rights of others are not protected by the 1st Amendment.

Related posts:

1. Shame on Gizmodo | Shame on Us Too
2. Manhattan High School For Girls on PBS: Don’t Speak Lashon Hara
3. A Jewish Black Woman's "Henry Gates" Situation

I tell them that I am against prison in principle. I don’t think anyone should go to prison. It’s a waste of money and far worse it is a waste of a human being. People accomplish almost nothing while incarcerated. Society gives them a free ride and they produce next to nothing for society.

The first response I hear is usually related to the safety of society. That somehow we, on the outside, are safer if the criminals are isolated, on the inside. While this is generally true, most crimes do not affect the middle or upper class of society . Most crimes are not violent. Most criminals that go to prison have someone step into their place in their social circle and the crimes continue. I know this is a pretty weak position, but I think that incarceration is also a weak position.

The next thing that I hear is almost always a challenge. “Do you have a better solution?” To which I have been saying “I think so”. Prisons are as an old insitution. They hearken back to a time that it was the only option for incapacitation. The loss to society caused by providing criminals with a prison was worthwhile because there was no other real option. Incarceration is a old system that was the best they could do.

I propose that criminals be monitored. Conviction of a crime is a waiver of one’s privacy. There is no privacy in jail. Instead of tossing them in a cell and monitoring that way, criminals should be monitored by corrections officers. They can be mother or fathers to their families. They must find jobs, they must be productive members of society and  only if they lapse back into crime would they go to jail.

To me, this was a sci-fi idea that I had no way of determining its effectiveness or cost. Monitoring was a idea, but just an idea with no real data to back up the idea.

Last week I read a very well written article in The Atlantic (I don’t regularly read The Atlantic, I saw the article linked on Gizmodo) about Monitoring.

It demonstrates the feasibility of the idea and its preference over incarcertation for all but the most dangerous criminals. It explains how badly the current system is failing and the attractiveness of this alternative solution.

I highly recommend the article and I highly recommend the system as described in the article.

Currently, it costs about $50,000 a YEAR to incarcerate a criminal in California. No wonder we have a budget crisis. Monitoring is a much cheaper solution. It is a more humane solution. It is a more productive solution. It is the solution of the future.

The only question that remains is how long will it take us to reach “the future”.

I say, the future is now.

Link: Prison Without Walls

Related posts:

1. Can Criminals Change Their Ways? | Introduction to “The Thief”
2. My Visit With Judith Clark at Bedford Hills Correctional Facility
3. Do You Know How Many Prisoners Are In For Life Without Parole Who Committed Their Crimes As Juveniles?

Here is the ad:

I find the ad obscene. It is provocative, misleading and presumptuous all in one.

However, as much as the ICC has a right to exist, this ad has a right to exist as well. The same laws that protect the ICC, protect this obscene ad. (Note: If the ad was so incendiary as to cause violence it would NOT be protected by the constitution, in which case it would lose my meaningless approval as well)

The irony is that the folks behind the ad can hide behind the 1st Amendment but would deny the same rights to the Cordoba Center.

Related posts:

1. The Mosque at Ground Zero Has A Marketing Problem
2. The Mechanics of Change and How To Make A Difference
3. Irresponsible Journalism From the New York Times

The reason? The store refused to write the child’s name on the cake.

That child’s name? Adolph Hitler Campbell. (Adolf Hitler Campbell can’t get a birthday cake)

A little while later, I reported that the child, along with his siblings were taken into protective services. (Breaking News! Ad@lf Hitl&r Campbell Update)

Following an appeal, Heath Campbell (the father) has lost custody of his children.

The ruling is not based upon the names of the children: Adolf Hitler Campbell, 4, JoyceLynn Aryan Nation Campbell, 3, and Honszlynn Hinler Jeannie Campbell, 2. Rather, it seems Mr. Campbell has a bit of a mean streak. In a shocking development it was discovered that Heath Campbell used excessive violence and threats of violence against his children and his wife.

It is sad that these kids will grow up with the most offensive names in the world and now, without a father. But I suppose it is for their best…

And as a lesson to all of us, always treat your kids right, and that starts with naming them with a proper name.

(And a lesson to others, if you are too violent, depraved or moronic to procreate – DON’T! Thanks.)

Related posts:

1. Breaking News! Ad@lf Hitl&r Campbell Update
2. Adolf Hitler Campbell can't get a birthday cake
3. A Happy 2009 Birthday

This post has been cross-posted to DovBear:

The Westboro Baptist Church practices and preaches an extremely fundamental version of Christianity. They hold that God punishes American soldiers in Iraq because there are “Gays in the military”. They hate Jews because Jews are they killed Jesus and are the cause of fornication. They protest at shuls, Holocaust Museums and funerals of soldiers. They are fundamentalists and like many fundies are obscene, anti-social and hateful.

There are orthodox Jews who practice a very fundamental view of Judaism. They say that God killed the Haitians in a massive earthquake because of Gays in the military (or Lashon Hara) See: Why The Earthquake in Haiti Happened. They say that Hurricane Katrina was punishment for Mardi Gras. They have been known to murder innocent people for the sake of their beliefs They hate liberals because they allow for depravity such as gay marriage. They protest all over on behalf of their causes.

There are Jihadist Muslims who practice a very fundamental and oftentimes violent version of Islam. They wish to rid the world of infidels, including Jews. They have bombed and fired weapons and thrown rocks in favor of their cause. They hate pretty much everyone that is not exactly like them and have no desire to integrate into a democratic society.

There are environmentalists who believe in a very fundamental version of liberalism. They are super passionate about the environment and nature. They stand in front of bulldozers, destroy private property and call people names all to protect nature. They put their lives at risk for their cause and spend millions of dollars promoting their cause. They put their cause above all else (for example instead of procreating) See: Green Gone Wild.

In all these examples, the extremists make a lot of noise and find their way into the headlines. Would it be fair to associate these extreme elements with the more moderate practitioners of their ideologies? Of course not. I don’t want to be judged by the crazed acts of fundamentalist orthodox Jews and I am sure that moderate Muslims, Christian and Liberals feel the same way about the extremists in their ideologies.

Extremism is bad. Nobody likes it except the ones acting extreme. I find it disturbing that Islam is judged solely by its extreme and fairly recent activities. Prior to the 20th century, Muslims were far more benevolent to members of other religions than Christians were. Recently, extremists have become the face of Islam. I think that is unfortunate. It is our best interest to support moderate forms of Islam and help them fight against the extremists.

Are there dangerous forms of Islam? Yes. Are there dangerous forms of all faiths, beliefs and ideologies? Yes again. We should be working together to foster moderates who are tolerant of others in all walks of life.

Related posts:

1. Humanitarian Crisis in Nigeria
2. The Real Orthoprax Issue
3. Don't Be A Hater

It seems that the Cordoba House in downtown Manhattan has cleared a major hurdle by winning a 9-0 vote of the Landmarks Conservation Commission. (NY Times link)

Conservatives and liberals seem to be at loggerheads on this particular issue. Sarah Palin made headlines with her plea that the center be blocked and fellow right wing pundits have expressed their distaste to the center. They feel it disgraces the deceased by glorifying what they believe to be the religion that caused the tragedy at Ground Zero almost 9 years ago. Liberals, on the other hand, see the center as an olive branch to Islam and think the center glorifies America, not the dangerous form of Islamic Fundamentalism that took down the Twin Towers, 3000 victims and the U.S. economy.

I can’t say whether the center is an affront or not. That’s because it varies with each person. Everyone is free to react as they choose. I can’t say one side is right and one side is wrong.

What I can say is that the center has a bad marketing plan.

The center is not a mosque. It is a massive cultural center. There is a sanctuary planned but it is a minor part of a broader institution. An institution that, according to their website attempts to bring the gap between Islam and the West. An institution that also fights for women’s rights and opportunitities within Islam. In fact, if we are to believe the Cordoba website, it is exactly what Americans (especially Conservatives) should be supporting.

From their website:

Cordoba House is a Muslim-led project which will build a world-class facility that promotes tolerance, reflecting the rich diversity of New York City.  The center will be community-driven, serving as a platform for inter-community gatherings and cooperation at all levels, providing a space for all New Yorkers to enjoy.

This proposed project is about promoting integration, tolerance of difference and community cohesion through arts and culture.  Cordoba House will provide a place where individuals, regardless of their backgrounds, will find a center of learning, art and culture; and most importantly, a center guided by Islamic values in their truest form – compassion, generosity, and respect for all.

The site will contain tremendous amounts of resources that otherwise would not exist in Lower Manhattan; a 500-seat auditorium, swimming pool, art exhibition spaces, bookstores, restaurants – all these services would form a cultural nexus for a region of New York City that, as it continues to grow, requires the sort of hub that Cordoba House will provide.

So why call themselves a mosque? Bad marketing.

The center is not “at Ground Zero” either. It is 2 blocks away. If you’ve never been to Manhattan you can’t appreciate how FAR part 2 blocks in NYC are. Two blocks in Manhattan is very far. It is a few minutes walk and more importantly, it is certainly not within the line of sight. They should be saying that their center is a few minutes walk from Ground Zero. Not “at Ground Zero”.

From their website:

So the Mosque at Ground Zero is neither a mosque nor at Ground Zero. It is an Islamic Center in Downtown Manhattan. Is that still as offensive to those who oppose the center?

The only reasonable explanation for opposition that remains is conspiracy.

In other words, the website is a sham. The REAL purpose of Cordoba House is to spread Fundamental Islam and serve as a springboard for the continued spread of Islam in their quest for world dominance. This is Islamaphobia.

There are people who believe this to be the case. I do not.

If you are asking me, which you aren’t, I say support the Cordoba House and the brand of Islam they espouse and perhaps get involved a see it for yourself if you are not convinced. Working together will go a long way.

Related posts:

1. Controversial Ads Against Cordoba Center Are Ironic
2. Ground Zero Mosque vs. Downtown Manhattan Islamic Cultural Center: Video Debate
3. A Hijab I Can Relate To

In researching the subject of Felony Murder I was introduced to the case of Judith Clark by Professor Gilda Zwerman who accompanied me to visit with Judith. Judith Clark has a website all about her crime, time served and the way she has rehabilitated her life while in prison. (Link: http://www.judithclark.org)

On Monday I had the opportunity to spend a couple hours with her in prison. It was very powerful.

First, my overall impressions of the Bedford Hills Correctional Facility:

The prison experience at Bedford Hills contrasted greatly with my experience at “Twin Towers” in Los Angeles (largest jail in the USA). At Twin Towers there is a lot of intake and outtake. The inmates are constantly moving around, the entire facility is indoors and there is almost no sunlight anywhere. Bedford Hills is a sprawling campus with sunlight and grass. It gives it a totally different feel.

Also, the inmates had an different temperament from the inmates at Twin Towers. The women of Bedford Hills seemed pretty pleasant, there were a lot smiles and hugs and friendliness. At Twin Towers it was very much the opposite.

The coolest thing about Bedford Hills was their nursery / summer children’s program. They have great child care for children born while their mother’s are incarcerated. Even better is the summer program. Children stay in the neighborhood and come from 9-5 every day to spend the day with their mothers. The prison provides a nice outdoor area for them to play and hang out with their mothers and I got a great first-hand view of the benefits of a program like this. The kids were having such a great time being with their mothers.

On to Judith:

The first thing I noticed was that I could not stop smiling while talking to her. She has such a great energy and infectuous disposition that you just find yourself smiling the entire time you are with her. We talked for a long time about the crime and her Judaism and her daughter and her appeal (which she won but was later overturned for technical reasons) and her famous writing club and her pursuit of multiple degrees and her close relationship with the previous warden at Bedford Hills.

In short, we had a great time talking.

What was clear to me, was her regret for being involved with a radical group and her sincere effort to change as a person. I don’t think she is the same person she was 30 years ago. I do think that she is an incredibly strong woman with the ability to help inspire and change others. Unfortunately, she is stuck behind bars.

Her sentence was harsh. She pretty much asked for a harsh sentence during the trial. But she was young, immature and infatuated with a movement. That person is not in prison. That person has transformed into a new person who could do no harm the way she is now.

We put people in jail for a few reasons. Deterrence,  incapacitation, rehabilitation and retribution.

30 years in prison is a strong deterrent.

Judith Clark is not a dangerous criminal, there is no need to incapacitate her anymore.

Judith Clark is rehabilitated. I can attest to that.

Isn’t 30 years long enough for retribution? Retribution for driving a getaway car?

Seeing her in there breaks my heart.

But with my heart broken, I was once again inspired by Judith. Just before my visit was over she said “If I died tomorrow how would I feel about my life? I’ve had a good life. It was severely limited by the walls of this prison, but I accomplished a lot and I am proud of who I am.”

Isn’t that what we all wish we could honestly say?

Related posts:

1. An Interesting Alternative to Prison
2. I’ve Been Published! My Article On Felony Murder Is Online
3. Murder In Jewish Law and United States Law

He has been sentenced to 18 months in jail. He will appeal.

The headlines are scandalous.

Israeli Arab who ‘raped’ a woman says verdict ‘racist’

Sex with Jewish girl costs Arab man 18 months in Israeli jail

Israel’s Outrageous Rape Case

Over on DovBear (Israeli Court Shames Itself With Idiotic Ruling) there is a fairly predictable post and discussion about the merits of the Israeli court decision. I am certain that the conversation over there is reflective of many similar conversations around the world.

There are two points that I would like to address regarding this case.

First, the issue of consent to sex is highly volatile. On the one hand, it protects women by punishing low-lives who force themselves onto women who may be vulnerable. On the other hand it is very paternalistic. It basically tells women that “you cannot be trusted with men so the law will take care of you”.

It is not politically correct to say, but women are more vulnerable than men as a general rule. Men tend to be bigger, stronger and more aggressive. Could a woman beat me up? Yes. Could a woman rape a man? I am sure. But the history of men taking advantage of women tells me that women do need protection by the law.

Second is the inherent racism in the case. And no, I do not mean the court is racist in its ruling.

I mean the “victim”.

If the man is Israeli it is okay to sleep with him after just meeting him, but if he is Arab then it is not okay to sleep with him?

I don’t doubt that she feels this way. But what is the basis for her feeling this way? If she was very religious then perhaps she is concerned with the Jewish law of “marrying” a Jew. But I don’t think that is what it is.

I think it indicates a strong social aversion to Arabs in Israeli society. So strong that a woman who is willing to sleep with a new acquaintance would not do so if he was Arab.

The court is dealing with the facts on the ground. She would not have consented if she knew he was Arab. That legal issue deserves discussion. What I think is a more productive discussion is why she feels that way.

What factors are okay to consider before sleeping with a man and what factors are not okay? The court seems to think that ethnicity is important enough that her consent was voided. In Israel it is possible that it is that important.

Is it any wonder that Arabs feel 2nd Class in Israel?

I understand how and why that social reality came to exist.

I also think that perhaps it is more harmful than helpful at this point.

Related posts:

1. My One Sharp Criticism of the Museum of Tolerance
2. Mourning The Living On The 9th of Av
3. A Hijab I Can Relate To

Everyone has been talking about this video.

From the description:

On a recent trip to Europe, a family of three generations (a Holocaust survivor, his daughter and his grandchildren) dance to Gloria Gaynor’s pop song – ‘I Will Survive’ at concentration camps and memorials throughout Europe.

This dance is a tribute to the tenacity of the human spirit and a celebration of life.

Is it appropriate for a survivor and his family to celebrate their survival in this manner? Everyone seems to have an opinion.

When I saw it, I was not “offended”, but then again, I am a 4th generation American. I have no Holocaust scars in my direct ancestry. It’s possible I am not as sensitive as I ought to be about this.

Having said that, I prefer to see this family as the modern day Rabbi Akiva who laughed when he saw the great Temple in ruins. When his weeping comrades asked him how he could cry at such a sight he reminded them that just as the destruction of the Temple was predicted, so too the rebuilding of the Temple and the return from exile was predicted.

Rabbi Akiva survived and he was confident that we would survive as a people. He was confident we would survive with our hopes and dreams intact even after witnessing a horrible event like the destruction of the Temple and the deaths of the thousands of Jews living in Jerusalem. The ever present optimism for the future has been a calling card for Jewish people for two millennia and Rabbi Akiva practically invented it.

On the eve of Tisha B’Av my father told me a wonderful Torah thought. At the end of the second chapter of Makkos there is an argument between Rabbi Meir and Rabbi Yehuda. Rabbi Yehuda holds that if a man is exiled as punishment for a negligent homicide, when his term completes he cannot return to his position of authority (like prince of the tribe) that he held before his exile. Rabbi Meir holds that one returning from exile can reclaim his position of authority. Halachically we follow Rabbi Yehuda. But Rabbi Meir was the student of Rabbi Akiva. It seems that Rabbi Akiva had integrated this lesson into his worldview and taught it to his student Rabbi Meir. Rabbi Akiva had such optimism that the Jewish people would return from their exile and reclaim the lofty position in Israel, with the Temple that he laughed when he saw its destruction.

Seems to me, these folks are students of Rabbi Akiva and Rabbi Meir. We need optimism. We need hope for the future. We need to be confident in our future. Dancing at Auschwitz tells me that these folks have that optimism.

FYI: The video has been taken off YouTube several times already for “Copyright Infringement”. There are new versions on YouTube but I bet they get taken down eventually as well. So I grabbed this video from WeJew.Com. It’s a sad commentary on our litigious society that this video was taken down…

Related posts:

1. Malcolm Gladwell and "Perfection"
2. Mourning The Living On The 9th of Av
3. Tisha B’Av 5770 / 2010

(Read my thoughts on Tisha B’Av from last year: Mourning The Living On The 9th of Av)

Most people are familiar with the custom to fast for 25 hours as a sign of our mourning. We suffer to try and feel what we are missing. For many people, Tisha B’Av is a fast day and nothing else.

That is tragic.

Over on DovBear, (God’s Thoughts on Tisha B’Av) my good friend Henoch has posted a very insightful anecdote from Zecharia Chapter 7:

As the second Temple was being rebuilt, the Jews had been keeping the 4 fast days related to the destruction for the last 70 years. It occurred to residents of Bavel that perhaps these fasts were obsolete. After all, the Temple was being rebuilt, so why would they continue to mourn over its destruction? They assembled a delegation to go to Jerusalem where the halachic question would be brought to the leadership that still included Neviim. The answer given by God through Zechariah Hanavi is quite surprising and would be considered completely inappropriate had anyone else given that answer.

At first the question of whether to fast or not, is ignored. Then Zechariah said in the name of God that when Jews eat at times that they deem appropriate, or fast when they decide to fast, they do so because it is what they think will serve their own interests. It isn’t necessarily for the right reasons. Zechariah essentially states that our idea of fasting misses the mark and even questions its’ sincerity. He then goes further and says in the name of God what would be a more proper approach to the subject. He says that the correct approach to this problem is to
“Execute true judgment, and show mercy and compassion every man to his brother and oppress not the widow, nor the fatherless, the stranger, nor the poor; and let none of you devise evil against his brother in your heart.”
Being that the Jews ignored these basic ideas, they were exiled and scattered across the world.

God is looking at us and saying, it is quite simple, and it has always been quite simple. I don’t want false piety or even grand programs that are limited to fasting and davening. If you want to do them, that is your decision. But don’t lose sight of what I want. God says “I want honesty, compassion and love”.

We cannot allow the secondary customs and practices to become primary. We cannot become so wrapped up in our customs, such as fasting, and forget the direct commandments from God.

We know what we need to do.

Please do not merely fast this year on Tisha B’Av. Take the lessons of Zecharia 7 and try to be the best we can be in all of our actions.

For a summary of the laws and customs of Tisha B’Av click here: Tisha B’Av – Aish.com.

Related posts:

1. Mourning The Living On The 9th of Av
2. Yom Kippur Wishes
3. Message From Auschwitz: I Will Survive

I really like the Museum of Tolerance. The overall message of the museum is a message that I wholeheartedly agree with.

Tolerance is a very important value in my worldview and the museum does a super job teaching that message.

(For a more complete review of the museum read my previous post My Visit to the Museum of Tolerance at the Simon Wiesenthal Center.)

There was one thing I noticed, or rather, did not notice that I find necessary to question and perhaps even criticize.

For all the talk and exhibits representing the horrors of racism, prejudice and segregation there was something missing. I could not help but imagine myself as a (hypothetical) average liberal, civil rights activist visiting the museum.

I am sure I would be impressed with the exhibits and their message. There is a possible segregation issue in one region of the world that is intimately related to the MOT. In fact this area is mentioned in various museum exhibits. Yet nowhere is the important civil rights issue mentioned or explored.

The region is the Middle East and specifically I am referring to Israel.

Objectively speaking, there is a level of segregation on Israel. There is a more privileged class and a less privileged class. The Jewish Israelis are the privileged class. They control the policies and laws of the country. The less privileged class are the Arab Muslims in general and in particular the Palestinians living in Gaza.

There is a wall (depicted rather satirically in the photo above) that separates Israelis from Palestinians. There are laws that prevent some services and benefits from Gaza. In essence there is a level of segregation.

Of course, supporters of Israel explain that these measures are not segregation – they are protection. They will explain that these policies are justified. That may be true. But on its face, the situation certainly has an appearance of intolerance or racism.

I wish the Museum of Tolerance would have dealt with this issue. It should be presented and rebutted to the best of their ability. If it cannot be rebutted the museum should not be ashamed to admit that. Its omitance seems problematic to me.

The issue is in fact at the forefront of many humanitarian groups. The UN takes it very seriously as well. I would have loved to see a well reasoned, clearly articulated, intelligent response.

Instead I got nothing.

I like the museum a lot. On this issue they can do better. A lot better.

Related posts:

1. My Visit to the Museum of Tolerance at the Simon Wiesenthal Center
2. Dov Dalin in Gaza
3. Jew-kipedia and Tolerance

I learned a lot.

Part of the course was a trip to the Museum of Tolerance at the Simon Wiesenthal Center.

I took my tour of the museum today. What follows are some general impressions.

The museum is impressive. It is modern, hi-tech, welcoming and imformative. I have been to a number of the more prominent Holocaust Museums and exhibits. The Museum of Tolerance takes a unique twist on the Holocaust that I personally found more relevant than some of the other attempts to memorialize the Holocaust.

Perhaps most telling is the non-Holocaust exhibits. There museum has a universal message of tolerance and love that I can really relate to. I saw exhibits on segregation and prejudice. The truth is that even if there was no Holocaust exhibit, these exhibits made the trip worthwhile.

The Holocaust section focuses on the prejudices that existed in 1930′s Germany. The presentations are slick and grab your attention. The manner in which the information is presented is more like Epcot Center than a High School classroom. They use multimedia in a non-obtrusive way to convery their message.

The homage to shtetl life was sweet but I felt not entirely accurate. The romanticization of Jewish life in pre-war Europe is common and I only expected better from the MOT because they were so good at everything else they did.

As always, I was very drawn to the artifacts and Judaica on display. I absolutely love seeing real, used “things” from a time long gone. To see a Torah Scroll that was used hundreds of years ago, with its beautiful hebrew calligraphy and adorned with exquisite silver jewelry is very powerful for me. I also really enjoyed the day to day items on display. The collection includes a Cholent Pot from 19th century Germany. It is earthenware and marked with the words “Cholent Pot” and beneath that it has the family name. It looks really nice.

The overall theme of the Holocaust exhibit is that we all have biases. We need to work hard to overcome our prejudices to lead a more tolerant life. I agree whole-heartedly with that message and support the Museum of Tolerance in its work to disseminate that message.

If you are in LA or visiting Los Angles, make a few hour stop at the MOT. It will have an effect on you for a long time.

Related posts:

1. My One Sharp Criticism of the Museum of Tolerance
2. Jew-kipedia and Tolerance
3. If You Like To Read Jewish Blogs

I was shocked when I saw this.

If you read the frum papers you have been told that Rubashkin was singled out for being a Jew. We call this anti-Semitism.

I have gone on record saying that I don’t see the anti-Semitism here. (Is the Rubashkin Saga / Trial Anti-Semitic? and Are the goyim out to get Sholom Rubashkin?: Why he isn’t a victim of anti-Semitism).

I have been chastised by commenters on this blog and on DovBear. They maintain that Rubashkin is a victim of a modern-day blood libel and my post was irresponsible and erroneous.

What does Rubashkin’s attorney say?

Defense lawyers dismissed any notion that anti-Semitism underpinned the case. “Nobody responsible has made that allegation,” Lewin said.

Link

Related posts:

1. Is the Rubashkin Saga / Trial Anti-Semitic?
2. Lessons in Anti-Semitism From Jewish Pirates of the Caribbean
3. Is The Cartoon of Elena Kagan Anti-Semitic?

I say unfortunately mis-titled because the book was excellent but it really was not about Jewish Pirates and certainly was not limited at all to the Caribbean.

The book was good because it tells the story of some of the most famous Converso Jews following the Spanish and Porteguese Inquisition. The well footnoted text gave me a better appreciation for the 15 century Mediterranean Jews, their struggles and their success.

Perhaps above all, as I was reading the book I found myself with a greater appreciation for Sephardi Jews.

I read Jewish Pirates of the Caribbean piecemeal. Every few weeks I would pick it up again and read another section. Meanwhile, in the real world, the Rubashkin saga has been dominated Jewish headlines. All the while, playing the victim card and charges of anti-Semitism in the legal system abound. The contrast of the Rubashkin campaigns and the reactions of the Conversos was striking.

Following decades of persecution and systematic genocide, the Jews of Spain and Portugal were forced northward. Many settled in Amsterdam. The local government tolerated the Jews but there were some blatantly anti-Jewish laws. The Jews were able to practice Judaism and in many respects they thrived there. For these refugee Jews, life was tough. It was not easy being Jewish.

The book follows the story of some of the Amsterdam Jews.

Not once, did I see a reference to “anti-Semitism”. The Meditteranean Jews did not deal with their persecution by labeling it as anti-Semitism. I did not see any attempt to portray themselves as victims or the “lamb among the lions”.

Ashkenazic Jews were also persecuted heavily. They were ousted from many countries and killed in many genocides. To cope with the hate and bloodshed, anti-Semitism was “blamed”.

This got me thinking. My impression of the current Sephardic Jewry landscape is very similar. I don’t recall hearing accusations of anti-Semitism when it comes to Sephardic Jews. Just last summer Solomon Dwek was arrested on Federal charges of bank fraud. This criminal pled guilty and awaits sentencing. I did not hear a peep about any anti-Semitism in his investigation.

Dwek is Sephardic.

Contrast that with the bank fraud that Rubashkin has been charged with. I have spoke to otherwise reasonable people who are convinced the whole thing is a plot by the anti-Semitic government. They say things like “this is how it was in Germany 1935″.

Rubashkin is not Sephardic.

I have a feeling that they heritage play a role in our collective reactions.

On one level, it seems that Sephardic Jewry never had a culture of blaming anti-Semitism while Ashkenazik Jewry has been crying about anti-Semitism for six centuries and using the term for around 150 years. Thus, we still react differently today.

On a deeper level, there also exists an anto-Sephardic bias in the Ashkenazik community (see: Somewhat On The Lighter Side). Perhaps the Ashkenazic community does not consider anti-Jewish activity that harms Sephardic Jews “anti-Semitism”.

Perhaps not. It’s just a thought.

(Either way, I recommend Jewish Pirates of the Caribbean. It’s a fun read and I plan another post about the episode in the book that had the biggest impact on me.)

Related posts:

1. Attorney Nathan Lewin On Anti-Semitism In Rubashkin Case
2. Is the Rubashkin Saga / Trial Anti-Semitic?
3. Is The Cartoon of Elena Kagan Anti-Semitic?

Boy did he set off a firestorm. Hundreds of comments on his blog, another few hundred on the other blogs talking about the Orthoprax Rabbi confirm the provocativeness of the idea of an orthoprax rabbi.

I have a lot to say ABOUT the Orthoprax Rabbi and I also have some things to say TO the Orthoprax Rabbi (IF HE IS REAL AND NOT A HOAX).

Here are some preliminary thoughts:

>Technically, it seems like the Orthoprax Rabbi is not really Orthoprax. He says:

I personally don’t keep much of any of Jewish law.

Well, that kind of disqualifies you from being Orthoprax. The “prax” part of it requires that you keep at least most of Jewish Law. So, while he claims to the the Orthoprax Rabbi, apparantly he is not. He is more like an Orthodox Rabbi in public and non-practicing Jew on the inside.

So, while he calls himself the Orthoprax Rabbi, I am still wondering if there is a genuinely orthoprax rabbi who adheres to the “prax” / halacha but does not adhere to the “dox” / beliefs of Judaism.

>While I can appreciate the desire to expose this person, I find the witch hunt distasteful.

It is especially distasteful in comparison to the lack of witch hunt against pedophiles and molesters in the orthodox community. In fact, not only is there NO witch hunt against those “witches”, some still protect them.

I am not saying that any time people want to try to root out evil from their community they should be stopped because of their failures in other areas. What I am saying is that those who try to expose the Orthoprax Rabbi are really exposing THEMSELVES as people who care more about regulating others beliefs than regulating sex crimes. That is sad and wrong.

>And to the (misnamed) Orthoprax Rabbi I say:

You say:

I don’t believe in any of it. I am an atheist.

Have you considered the following? For some people it is not natural to believe in a God. For some people belief in God is irrational. For some people atheism may be more reasonable than belief in a deity. Yet, there can be value and beauty in a life that does belief in a God.

In other words, while science and academia provide insight into the rationality of belief in God, there are scientifically immeasurable reasons to hold onto your religion. In many respects, Judaism works. But its working really depends on one’s adherence to the mitzva of believing in God. You don’t have to buy into the mysticism, you just need to be willing to suspend your disbelief enough to believe in God. If you can do that, you are not really Orthoprax at all.

I hope you can pull that off. I think if you can do that, your voice will be another valuable voice in the Orthodox ranks.

—————

A non-comprehensive list of blog posts on this subject.

Chaviva – Anonymous Blogging: Woe is Me …

Haemtza – The Orthoprax Rabbi

XGH – Finally! We have a Rabbi!!!!

The Rebbetzin’s Husband – On The Orthoprax Rabbi

Related posts:

1. The Real Orthoprax Issue
2. Orthoprax Jews and Orthoprax Christians
3. Humanitarian Crisis in Nigeria

I am a student at the (now) well-known Loyola Law School of Los Angeles.

After being featured on the snarky law blogs for a a little while, our curve adjustment made it into “The Gray Lady”. Yes, the New York Times thinks our school’s new curve is news worthy.

Yesterday the NY Times ran this story about our curve and the law school arms race: In Law Schools, Grades Go Up, Just Like That. The story is a slightly sympathetic and certainly more fair than the skewering Loyola Law School got in some of the law blawgs.

Here’s the real story:

Fact: In Los Angeles, the other law schools have a 3.0 mean GPA.

At most law schools this is an important number because there is a very rigid bell curve (at least that’s how it is at Loyola). Most people know that law school is in essence a competitive environment. (More about that here: Winners and Losers | A New Yorker Cartoon (and I get it, and it is funny!))

If you want the top paying jobs you need the best grades in your year. If you do well, someone else is doing worse. There are no “ties” or “everyone is great” accolades. It is a battle to finish at the top. So if you are above the mean GPA you are doing well. If you are below the mean GPA, you are falling behind.

At Loyola, our mean GPA was 2.667. For purposes of class rank it makes no difference whether it is a 2.667 a 3.0 or 8.3. Rank is rank.

But, with law firms asking for GPA on resumes and electronically filtering them WITHOUT EVEN LOOKING AT THE REST OF THE RESUME by GPA number, Loyola students were getting shafted. Equally ranked students at other schools had artificially higher GPAs. Many Government jobs have 3.0 GPA minimums and schools whose mean GPA was 3.0 had a huge advantage. An average student at [other law school] would qualify for the job while average students ate Loyola were denied because their GPA was too low.

The absolutely only fair thing for Loyola to do was to raise the GPA. It’s not artificial grade inflation. It is leveling the playing field.

How is it fair for Loyola to have a lower mean GPA than everyone else?

It’s not.

Why is everyone making such a big freaking deal about this???

Related posts:

1. Law School and Learning Ethics
2. Winners and Losers | A New Yorker Cartoon (and I get it, and it is funny!)
3. Speak Up! Economic Crisis Hitting Jewish Day Schools

This is what the shoe feels like when it’s on the other foot.

For decades, right-wing / republican / conservative / Judeo-Christian Valuists have talked a big game when it comes to fighting crime. Running on “Law and Order” platforms and promising harsh sentences for criminals was a sure way to gain support.

On the other hand, bleeding heart liberals have been trying to model the justice system after the softer Euro sentencing structures.

Traditionally, middle class white people support Law and Order style justice. Harsh sentences make them feel safer and they are less likely to know someone who will be incarcerated, thus they are removed from the effects of the harsh sentencing of criminals.

Lower class folks usually support softer punishments. They are the ones who are more likely to have friends and relatives in the justice system. For many of them, the softer the punishment, the sooner they get their daddy back.

It was real easy for us middle class white (Jewish) people to support strict sentencing guidelines when it didn’t really affect us. But after witnessing one of our own fall prey to the system we helped create I am sure we all feel differently. (Of course I am aware that there are some middle class white Jews who vote democrat and support liberal causes, I am talking to everyone else.)

27 years is a long time. Rubashkin is a crook but his sentence is very harsh. We now feel what lower class communities have felt for so long. Some of us now think the system is out to get us. They have felt that way all along. Some of us now are horrified by the sentencing guidelines and the leeway given to particularly strict judges. They have been saying this is a problem all along.

Perhaps it is time for our community to more fully support softer punishments for all criminals. In some states (like mine – California) we are spending millions and millions of dollars locking up “3 Strikes” criminals for LIFE (including non-violent, minor felonies). That is even harsher than Rubashkin’s sentence. If we are outraged over his sentence let that outrage spill over into more socially conscious, activist role and help modify our current justice system.

But please, for intellectual honesty’s sake, be consistent. If you think Rubashkin got a raw deal, do some research and learn about how other people who made mistakes in their teens will spend their entire lives in jail because of America’s love of retribution. Help everyone who got shafted by the system and let’s try and prevent this from happening again, to anyone.

Related posts:

1. Is the Rubashkin Saga / Trial Anti-Semitic?
2. Attorney Nathan Lewin On Anti-Semitism In Rubashkin Case
3. Can Criminals Change Their Ways? | Introduction to “The Thief”

There is a healthy nostalgia built into Judaism. “Chadesh yameni k’kedem” – renew our days to the way things were, we say. Of course, like any good thing, too much nostalgia is a bad thing.

After reading the famous case of Brandenburg v. Ohio I find myself pining for the anti-Jewish sentiment as expressed in 60′s as opposed to today.

“Send the Jews back to Israel”

Related posts:

1. Is The Cartoon of Elena Kagan Anti-Semitic?
2. Is the Rubashkin Saga / Trial Anti-Semitic?
3. Lessons in Anti-Semitism From Jewish Pirates of the Caribbean

Not to be outdone, my sister told me that her high school was also famous!

It seems that WNET, the New York PBS affiliate, has a segment called “Religion and Ethics. A few weeks back they did a piece on hateful gossip in schools. With the advent of the internet and specifically sites like Facebook, it has become so easy to say nasty things about others and leave a permanent record of the comments.

Cyber Abuse is what they call it. Saying things that are not nice on the internet about someone else can have a much more drastic and long term effect on the subject. Perhaps even worse than originally intended. The internet is a danger zone!

They talk a little bit about JuicyCampus which was one of the first and one of the most prolific sites for College students slander and gossip. It got shut down eventually and there is a new movement in its stead to try and promote good manners and ethics on the internet and limit evil speech about others.

The piece then moves from the extremely dangerous internet world of anonymous speech that could harm people’s lives to Manhattan High School for Girls. MHS is a Bais Yaakov style girl’s high school in Manhattan. My sisters attended MHS and I have heard really great things about the school. It might be the 2nd best girls high school in the world. Obviously the best is my father’s school, Ateres Bais Yaakov in Monsey.

At MHS, the girls learn about the harms of Lashon Hara (evil speech), work together to prevent and stop evil speech and care passionately about avoiding Lashon Hara. This is a stark contrast to the world of gossip that exists at high schools and Universities across the U.S.A. and has spawned shows like Gossip Girl.

Of course, there are times when it is permissible, in fact, even obligatory to say negative things about another person. The idea is to learn when and how to implement those exceptions. The best thing about a conscious effort to avoid speaking Lashon Hara is how it affects the way you speak by making you consider the value of your speech. Is it something that must be said? Or is it something better left unsaid?

The girls that are interviewed are very candid and perform very well in front of the camera. The message of the video is that we can all learn from MHS and the Jewish approach to Lashon Hara. I can only reiterate what a great message that is and congratulate MHS for truly being a light unto the nations.

For a clearer video than the video below and a transcript click here. (recommended)

Poor quality youtube video below: (only if you are really lazy)

Related posts:

1. Speak Up! Economic Crisis Hitting Jewish Day Schools
2. Sheva Brachos for Josh Magilnick
3. Loyola Law School GPA / Curve Inflation: Explained