Thursday, April 29, 2010

The Other Mr. Goldstone

Richard Goldstone is one of the world's most distinguished jurists. He was outspoken in his opposition to apartheid in the bad old days in South Africa and he has been outstanding in his defense of liberty and liberties on South Africa's Constitutional Court. Despite the amazing success of South Africa in avoiding bloodshed--entirely, I suggest, because of the inspired leadership of Nelson Mandela, the conversion of this country from a bigoted authoritarian state to a true democratic republic has not been easy. Mandela will not be around forever, either. People like Goldstone have proven their mettle in a hard testing ground.

Benjamin Netanyahu, in contrast, has a reputation as someone who speaks out of both sides of his mouth. He owes his position as prime minister of Israel to the lawless settlers who doctor records and use force to steal land from Palestinians and block any peaceful resolution of the long-term issues. So clearly is he "owned" by the extreme right in Israel that he cannot deal reasonably with President Obama, so the latter quite reasonably pays him scant attention any more.

Netanyahu and his ilk have tried to stir up the worldwide Jewish community against Justice Goldstone because he led a UN-sponsored inquiry that said that both Israel and Hamas committed atrocities during the last war. They even tried to threaten Goldstone with bodily harm if he attended his nephew's bar mitzvah. This all reminds me of the nonsensical position espoused with some success in America some years ago by the late Norman Podhoretz that anyone who questioned any policy of the Israeli government was anti-Semitic.

Most people that Netanyahu now attacks want a fair settlement far more than he does. I think of Jimmy Carter and George Mitchell. Netanyahu's minions would have you believe that they too are anti-Semitic. Our president has tried mightily to have everyone in the Middle East see the U.S. as a fair dealer only focused on bringing peace to this beknighted region. Now that he is showing some success on the domestic front, his international standing and effectiveness may rise in tandem.

Note: In case you were wondering, the first Mr. Goldstone was the character in the movie musical version of Gypsy played by the late Benny Lessy, to whom Mama Rose--Rosalind Russell, but originally, of course, Ethel Merman--sings "Have an egg roll, Mr. Goldstone" when he decides to take a chance as a vaudeville operator on their act. Lessy was memorable in performing the part--he's just in one great long scene--without ever saying a word.

Tuesday, April 27, 2010

Reunions--Not in Vienna

Yes, that was the title of a rather talky Robert E. Sherwood play of the 30s that featured the Lunts and sometimes Noel Coward, I believe, which meant that even if it wasn't the greatest vehicle, they all must have delighted audiences. But I just returned from a 40th reunion--law school, no less. They did have some other reuning classes there and it was encouraging to see the far more populous 50th reunion class--complete with Mike Dukakis, tank-less this time--yes, they did look old.

This time, a nice number of friends showed up, so that made the reunion. Over the years, the law school has turned over all planning to the development people, and if they feel what they've done for a reunion weekend makes sense, their instinct is to do exactly the same thing again. I skipped most of the programs since the weather in Cambridge and Boston was spring-like and pleasant.

But I did make a class forum on retirement--led by a woman who was contemplating forced retirement from partnership at an old-line Boston firm where she was a partner in trusts and estates, naturally. She couldn't face life without that. My old friend and best man, Guy Blynn, remarked helpfully to me that 40 years ago, that firm wouldn't give him the time of day as the old ethnic walls were just beginning to break down. But we kept listening to these people whining about how their firms were effectively forcing them out by pushing them to delegate work to cheaper-billing associates. Again, Guy noted that since they were the partners, they had helped create this engine that dispatched its drivers before they were quite ready to be bounced.

He's fully retired and I'm semi-retired. I didn't think there was anything I would say about what I did that would interest most of the attendees, since I went in a rather different direction from all of them way back when. There were some very constructive ideas if anyone bothered to listen: a friend and classmate both at college and law school described how he had organized an entire program in his large law firm to represent people litigating their immigration status. Someone said to another old friend whose law firm had imploded and whose days as counsel at another had ended that he must have retired, only to elicit the far more straightforward response: "Hell no, I was fired!"

We did indulge in some nostalgia-tripping: when Noah Griffin arrived, he outlined a path that included walking through Longfellow's garden (the house isn't yet open for the summer), the monument opposite the State House on Beacon Hill to the Glorious 54th Regiment of Glory fame, where we met an excited re-enactor, and then the current Brattle Book Shop near the Common, always a wonderful place to spend some time searching for something you never knew you needed. Seamus at the Parker House ran through some of the amazing history of that famed hostelry. We even caught the tail end of the Princeton-Harvard lacrosse game, with the Crimson upsetting the favored Tigers.

Boston and Cambridge have changed a lot, especially on the dining front, but you wouldn't have known it from our choices. Lunch at probably the only true "joint" left in Harvard Square, Charlie's Kitchen, which now has a beer garden; late night snacking at the still-laden-with-MSG Hong Kong, and late dinner at the now ultra-unfashionable Anthony's Pier 4. Hey, they still make a nice broiled schrod. Sure, Legal is better but why go there when they're in your neighborhood.

My conclusion was that change is coming, albeit late, to my law school class. I remember my 25th, when there were four of us not in suits and the other three were from California. Now I bet half the attendees were both jacket-less and tie-less. You may think that's sexist but hey, there were 20 women in our entering class of 540. Now women make up 53% of a law school class.

The new dean spoke, describing all kinds of new initiatives and new courses, all of which made my head spin because, finally, in my old age, the place is getting much more open and broad-minded. It has adapted to changed times when not everyone will be heading for a large firm. I did smile when I heard that one "new" idea was to have required courses on Legislation and Negotiation in the first year. My wife learned Legislation from the late great Father Drinan at Georgetown back in the 80s and she's been teaching Negotiation 9and ADR) at GW for the past fifteen.

It's nice to see Harvard evolve but they are hardly the first. A bit like the time in World War II in the Pacific when somehow the Seabees managed to get set up on an island before the Marines arrived; thus the welcoming banner, "The Seabees are always happy to welcome the Marines".

Thursday, April 8, 2010

Kyrgyzstan and Coal

Since I was in Kyrgyzstan less than two years ago, I was most interested in the swift change of government that is occurring there. It appears to be something of a coup--starting with protests against price increases by an increasingly authoritarian government. Then this morning I heard a correspondent who had been there recently express the view that this shake-up had the Russians' hands all over it.

First I had been skeptical of the U.S., when our spokesman there merely expressed the view that people should restrain violence and proceed peacefully. Difficult to do when guns and major forces are being dispatched and used. I'm heading for a panel discussion this noon hour on the future of the Millenium Challenge Corporation. This is the government-funded entity that supported the project on which I was involved in Bishkek, Kyrgyzstan, back in late 2008.

The whole situation is starting to look like a late episode of Cold War strategizing: the radio correspondent took the position that the Cold War never has ended. The Russians would like the U.S. out of Central Asia; the U.S. needs the base in Kyrgyzstan for support of Afghanistan operations. Before we start criticizing the Russians, remember how we reacted when they sought to extend their influence to our backyards in Cuba and Central America.

Kyrgyzstan is a poor country, with some mineral resources (being mined mostly by a Canadian outfit), that has little going for it except Asian mountain tourism in the Hindu Kush and other high mountain places. It has not flourished since the breakup of the Soviet Union--unlike neighboring Kazakhstan, it has no oil. It is located quite far in the east of Central Asia and could well become closer to its eastern neighbor, China.

The government that appears to be on the way out has not been very good for the people but our role should be to encourage positive behavior on the part of the new regime. If it really will seek to improve conditions, the U.S. can be quite helpful if we think beyond Afghanistan. If this is a Russian ploy, we need to call it for what it is.

Speaking of good for the people, the coal disaster in West Virginia has the media being very careful in assessing blame, despite the hordes of violations of safety regulations. The last time I noticed this guy Blankenship was when he bought the West Virginia Supreme Court election and the 5-4 Supreme Court threw out his case where his bought judge provided the majority in his case. No one seems to have made a big deal out of the fact that one reason he has gotten away with poor compliance is the non-union status of his mines. Nobody wants a union until the proverbial stuff hits the fan and management is happy to meet all day and night to hold families' hands so they don't scream bloody murder to the media.

It's a shame that too many people today have never heard of the man who was once America's best-known labor leader, John Llewellyn Lewis, who led the coal miners. John L. would not have missed a beat in letting the world know whose fault this "tragedy" was: coal-owning corporate types like Blankenship who will sweat every dime out of the miners' hides.