85 yrs ago this morning, the synagogue in the Bavarian spa town of Bad Kissingen looked like this.
By the following morning, it was a burned-out shell, and the Jewish men of the town, like my great-uncle Leopold, were under arrest.
It was the pogrom we know as #Kristallnacht. /1
In 1950, the German government brought criminal charges against 14 Bad Kissingen men for the destruction of the synagogue. The judges acquitted 13 of them. They convicted just one, Emil Otto Walter, who was the local Nazi Party leader. /2 #Kristallnachtherdenking
I only came across this court decision quite recently. It's a fascinating read, in part because the court summarized the testimony that had been offered against each of the defendants.
As I went through it, this passage stood out. /3
It says: "Finally, witness K, who owns a drugstore at Untere Marktstrasse 13, testifies truthfully that his father was asked from the street that night whether a shop window belonged to him. When his father said no (the window belonged to a Jewish shop), it was smashed in."
This hit me hard. The "Jewish shop" at that address was my great-uncle Leo's.
Leo was murdered in 1942, so nobody ever got to ask them about his experience of Kristallnacht.
Who would've imagined that, 85 years later, an old document would give me a glimpse? /end
This, by the way, was Leo.
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A sorry story about the state of free speech at UNC:
In September a freelance writer interviewed me at length for a Carolina Alumni Review feature "about #AcademicFreedom and #FreeSpeech at #UNC, going beyond the @nhannahjones saga to explore larger issues." (freelancer's words)
The topic of the interview was the @UNC_System Bd of Governors' booting me from long service on the governing board of the UNC Press last summer because they didn't like my public commentary on law, race, & the university.
My situation was just one of several the freelancer was profiling in the feature.
In October, the UNC General Alumni Association brought on a new editor at the Carolina Alumni Review. The academic freedom story languished.
Of #Kristallnacht and #MIGRATION: a🧵
My dad asked to be buried with his passport.
This was the one wish he expressed after his cancer diagnosis in May. We honored it when we buried him at the end of September.
Passport in his inner jacket pocket.
Strange, no?
Let me explain.
In the summer of 1938, my grandparents took my dad & aunt from their home in Frankfurt to Switzerland on vacation.
That should have been impossible. Jews had been issued passports stamped with a big red “J” (for “Jude,” or “Jew”). They couldn’t just waltz out of the country.
Due to some administrative snafu, my grandparents’ passports hadn’t gotten the “J” stamp yet. So they could travel to Switzerland unimpeded. They spent a few weeks vacationing in the gorgeous alpine village of @Adelboden_ch.
This nutshell of _Korematsu_in @JeannieSGersen's piece on Dred Scott is lawprof-standard--but it's also mistaken and perpetuates misunderstanding of the case and the history. First, _Korematsu_ did *not* permit the detention of Japanese Americans, even tho everyone thinks it did.
Korematsu "permitted" the *removal* of Japanese Americans from the West Coast. It said nothing about detention (or "internment" (on which more in a moment)). The Supreme Court did not uphold anyone's detention; in fact, it unanimously *condemned* detention the same day in _Endo_.
(Of course, there are law-review-worthy debates about the Court's duplicity in breaking detention apart from removal in Korematsu and Endo. It's fair to assail the Court for maneuvering to avoid ruling on detention in _K_. But it's wrong to say the Ct permitted detention in _K_.)
A couple of thoughts. 1) Korematsu didn't "permit the Japanese internment." (a) Korematsu said nothing at about detention. (b) Korematsu didn't concern "internment," a lawful form of detention of enemy aliens. This misdescription is so common w/lawprofs who should know better!
2. In my view, starting a core 1st-year law school course w/Dred Scott is like starting a core 1st-year medical school course w/a case of gross surgical malpractice. I understand the instinct to do it (& the article summarizes it well), but I find it pedagogically ill-conceived.
These students are beginners. We owe them some familiarity with the rudiments of constitutional analysis before hitting them w/a moral & analytical monstrosity like Dred Scott. Show them the *construction* tools before deconstructing. Aren't more students likelier to have
Lot of snark abt this from @NYMag Chua/Rubenfeld piece, but I'm gonna say it straight: this is @YaleLawSch's malignancy. I had 3 yrs of nauseous bafflement at the preening, scheming culture--the faux-chill battles for a rung on a supposed "natural hierarchy of achievement." /1
This is professional education--the *formation* of new generations of people as lawyers with access (due to the pedigree) to wide possibilities and deep responsibilities--and a prof's seemingly unashamed metaphor for it is ... a horse race. /2
My memory of YLS is of a theater with two performances. The one you'd think mattered--the one in front of the curtain, the classes and the seminars--was (I came very belatedly to see) just engaging calisthenics. The one that mattered was happening backstage and in the wings, /3
History's rhyming at #OleMiss with the apparently politically motivated firing of @garrett_felber, a scholar of race & incarceration. 60 years ago they sent lawprof Bill Murphy packing for defending school desegregation & the @ACLU. historynewsnetwork.org/article/45227
Bill Murphy had tenure, so instead of firing him, @OleMissRebels drove him away.
@garrett_felber is the author of THOSE WHO KNOW DON'T SAY from @uncpressblog, a history of the Nation of Islam that was shortlisted for the 2020 Museum of African American History Stone Book Award.