Yale Law Journal Controversy
Kiwi Camara submitted an article proposal to the Yale Law Journal for publication in their 2006 symposium edition under the name "K.A.D. Camara." It was accepted.
It turns out, however, that “in March 2002, Kiwi Camara (HLS '04 and the youngest person to graduate from HLS) posted his property notes on a Harvard Law School outline bank. He prefaced his outline with a disclaimer warning that "his outlines may contain racially offensive shorthand."
Here is what he said when referring to Shelley v. Kraemer (a seminal Property case on racially restrictive covenants):
"Nigs buy land with no nig covenant; Q: Enforceable?"
When asked to explain his comment Mr. Camara remarked that it was a "mistake and a miscalculation." Asked if he would use such racial slurs in the future, he commented: "I will make a much more conscious attempt than I have made not to do so. I can't guarantee it." . . .
The Yale Law Journal is currently considering whether to rescind his offer given his openly articulated racist statements.
If YLJ does not rescind his offer, Mr. Camara will be invited to speak at the YLJ symposium at YLS in the spring.”
This is a controversial issue at Yale. Some editors probably feel like they would hurt the academic integrity of the Journal if they rescind the offer--and they probably would be taunted for appearing to suppress speech. Others, however, probably feel as though the Journal should be more concerned about people of color.
The above is paraphrased/quoted from a blog on the issue, which includes comments by several students.
In one comment, a writer identifying himself as the co-author of the piece, Paul Gowder, writes:
"People use shorthand, even offensive shorthand, for a whole variety of reasons. For heaven's sake, the notes were about Shelley v. Kramer! Doesn't it make more sense that the words were used to capture the position and attitudes of the people who made the "no nig covenant" in the first place? "










Comments
Yale's position is correct and those people who will protest this guy's disgusting language are also correct. He's hopefully a big boy now and can handle the opposition. For a guy who graduated HLS at such a young age, he obviously has a lot of growing up to do and he'll have to grow up fast.
I hope there's blind grading whereever he teaches.
Posted by: Anonymous | December 17, 2005 07:25 PM
That's disgusting. How does someone like this end up being allowed to teach at places like Harvard and Stanford?
It doesn't matter how smart he is: if someone is going to be so blase about using such slurs (he didn't even apologize!), then they aren't smart enough to realize what kind of effect that language can have on actual people, and they don't deserve the chance to have *any* kind of effect on the "next generation" (i.e. the students at whatever law school is so callous and hungry for researchers as to hire him).
Posted by: Jason | December 17, 2005 08:19 PM
He needs to fix them funny looking teeth! Anyways, there is no more room for the continued rationalism of RACISM or the practise of it, even in some buck tooth ass abreviated foot notes put together buy some IDIOT Prodigy... I thought people who went yo Yale were supposed to be smart?
Posted by: Naro% | December 17, 2005 11:28 PM
Another object lesson why people should never write anything controversial down and then post it on the internet. What the heck was this guy thinking?
His comments were certainly stupid and offensive. However, I don't think that Yale should rescind their offer to publish his piece. As Anon says he's going to run into large amounts of opposition. The solution to his speech is to try and change his mind, whether that is through protests or some other method, not to try some sort of boycott of his unrelated academic work.
I think this will color his job prospects from now on and I think that is appropriate since schools should be careful as to whether the people they hire are racist (not that he should necessarily be totally banned but a hiring committee would have to satisfy for themselves that he is not rascist/has repented). Academic writing is different; the editors are supposed to evaluate the work based on its quality, not its author's reputation and their views. We don't want a situation where we only publish papers by the people where we agree with thier racial/cultural/political views.
In another context I wonder if certain examples of shorthand would be offensive. For example in a case brief in a person's notes of Lawrence v. Texas would shortening homosexuals to "homos" ,which is generally regarded as a derogatory term be acceptable, since 1) homo is a convenient shorthand term for homosexual and 2) doesn't involve the changing of one word (presumably black/African American) into an explicit racial slur). Not that homosexuality would be the only example, I'm sure there are others out there.
Posted by: Sam | December 17, 2005 11:34 PM
""People use shorthand, even offensive shorthand, for a whole variety of reasons..."
What kind of people and where? I can say that I have used shorthand(usually due to having to write fast), but using racial shorthand has never entered my mind. It seems to me that it would take more psychic energy to use such shorthand.
What does it tell students and the world that the journal could possibly think that they could retain "integrity" by retaining their offer?
That he placed these comments in public,apparently without any attempt to erase them tells me that he is way to comfortable using such language. That someone with a bright future would not properly weigh and correct this type of detail suggests that it is an issue of charcter and not some youthful indiscretion.
Posted by: lawstudent05 | December 18, 2005 01:02 AM
Shorthand my ass. "AAs" for "African-Americans" is shorter. He thinks of AAs as n*****s, so that's what he wrote.
Posted by: sennoma | December 18, 2005 01:29 AM
What a moron.
If he was smart enough to write a preface to his outline notes before posting them, he should have been even smarter to change them.
Writing racist comments in his own notes makes him a jerk.
Not being smart enough to change them before posting them, makes him a moron, regardless of how young he graduated Harvard law.
Posted by: Abe Q. | December 18, 2005 05:13 AM
1) Compare to:
http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=46973
On what date was this law school event reviewed? Before the tu quoque criticism is made of this request, wash hands.
Mr. Camara is conservative. He being parsed for partisan, lib, lawyer gotcha. His biggest problem is his sicko CCE indoctrination.
2) This is where the proponents of fusion with Latino/a for Democratic Party purposes need to comment.
I have never heard anything but brazen, offensive remarks, from that direction, except for self-serving, Democratic Party advocates. These un-self-conscious remarks are public,and at the highest levels of Latino/a national leadership.
3) The reversal of restrictive racial covenants is a tiny island of sanity in the Twilight Zone Pacific of Property Law. Almost every doctrine is a nightmarish, unconstitutional, shocking outrage. I would like to know if any here remarked on the anti-female, anti-semitic, anti-democratic, anti-ownership, Communist, lawyer rent seeking, thievin', sharp practice outrage on almost every page. Property law is not even written in English. People must hire the lawyer to translate the Un-American gibberish.
Selective criticism is just more bias.
Posted by: Supremacy Claus | December 18, 2005 06:09 AM
I was offended and very upset by the remark on the bad teeth. This is dentalism, a potential terror arm of the Democratic Party. We gap toothed, Terry Thomas looking MFer's have had enough.
http://www.btinternet.com/~homeport/images/p7044.jpg
The author, a likely Democrat, must apologize.
Posted by: Supremacy Claus | December 18, 2005 06:22 AM
I just finished reading the YLS blog comments regarding this matter. What I find interesting is that following the rationale of the journal for not taking any action to sanction Camara, character is not, and should not, be a factor when deciding whether or not someone should be published.
According to the editor, if the journal were to take sanction, it would cast doubt upon the integrity of the journal. It seems to me to be an odd justification. They are essentially saying that no matter how reprehensible a perspective author might be, that should not stand in the way of "scholarship".
My question would be if they would accept an article from a mass murderer, a sadistic child molester, sadistic arsonist,or what have you? Their answer seems to be yes, if they like the material.
One thing is clear however, that despite what is considered conventional wisdom, it is clear from the behavior of Camara and YLS
that high LSAT scores and GPA'S do not equate to good judgment.
Posted by: kirkncal | December 18, 2005 03:58 PM
Kirk: American law came from Bracton. It is nearly unchanged. He worked for Edward I, Longshanks in the movie, Braveheart.
http://en.wikipedia.org/wiki/Edward_I_of_England
Please, note the yellow stars of David Jews had to wear. He invented that.
I agree that American law is tainted by the criminality of its originator.
Were you told this in law school? Did you hear any disclaimer in Property class? The treatment of women was worse. Edward just killed the Jews to avoid paying his debts to them. I will let you research the way women were treated under this still current system of law.
Posted by: Supremacy Claus | December 18, 2005 04:25 PM
Here:
http://www.law.com/jsp/tal/PubArticleTAL.jsp?hubtype=Inside&id=1133258711465
Democratic party hacks rule the law.
Posted by: Supremacy Claus | December 18, 2005 10:19 PM
Prodigies who excel academically often do so using logical-mathematical intelligence. They'll often study mathematics, computer science, and physical sciences. Few choose to master social sciences, such as ethical philosophy, during their undergraduate studies.
I've read Camara's papers. His work is average or below average when compared to leading law and economics, corporate law, or constitutional law scholars; however, I, like many others, think he has a pretty good head start that makes it more likely that he will produce novel ideas during his career.
Unfortunately, he is not yet a wise man. He is but a erudite man and a logical-mathematical and verbal-linguistic genius.
My vote is not to censure him and to allow him to use any terms he pleases in his notes. I'll not judge him as a scholar based on whether he is or appears to be a racist; I'll judge only the merits of his ideas. His opinions about race, etiquette, our cultural dignity, fields in which he appears to have little expertise, will not matter to me. And, I doubt many outside scholarly circles will care about his opinions regarding these matters.
I'm still waiting for him to write something that authenticates he will be a genius who will contribute something of great value.
Posted by: Ed Hopkins | December 19, 2005 09:55 AM
I benefited from the fact that law schools pay so much attention to LSAT scores and undergrad GPA. But I think law schools would be better for students and teachers if they paid more attention to soft variables in admission. This guy is obviously an extreme example. But law schools are filled with awkward, tactless people who excel due to the odd metrics for success in law school, metrics that are only in place because of a tradition: the people who hire (at firms, schools, in the government, etc.) reward the same traits they have: braininess. They don't attend to social intelligence, consensus building, etc. The whole law culture would benefit from a change. Imagine if your law library were filled with social, cooperative, normal people rather than boy genious overachievers like this nut!
Posted by: NYU Law Student | December 19, 2005 11:20 AM
This lawyer is being second guessed for using a bad word.
The crew on this thread then retorts, moron, "my ass", lot of growing up to do, nut, racist, idiot, funny teeth, reprehensible (in the category of mass murderers, child molesters, etc), despoiler of future CCE victims, the law students, and more.
Question to those of you in the law, is name calling lawyerly?
http://dictionary.law.com/definition2.asp?selected=2182&bold=%7C%7C%7C%7C
This question is posed for your benefit. I hope I helped.
Posted by: Supremacy Claus | December 19, 2005 07:53 PM
Black Prof dot com........You gotta be kidding.
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Posted by: db | December 20, 2005 10:21 PM
Ze name calling it is not lawyerly, but it is quite fun!
The La Zapatotista firmly believes that once Kiwi started referring to blacks as "nigs" in his outlines, bloggers could start calling him names, too. He assumed this risk upon sharing his outlines, non?
Besides, the La Zapatotista will be rather disappointed if this boy makes it as a big time academic. At least permit her the pleasure of being able to laugh at the Kiwi.
http://shangrilaw.blogspot.com/2005/12/kiwi-camara-song.html
Posted by: La Zapatotista | December 20, 2005 10:41 PM
Ze name calling it is not lawyerly, but it is quite fun!
The La Zapatotista firmly believes that once Kiwi started referring to blacks as "nigs" in his outlines, bloggers could start calling him names, too. He assumed this risk upon sharing his outlines, non?
Besides, the La Zapatotista will be rather disappointed if this boy makes it as a big time academic. At least permit her the pleasure of being able to laugh at the Kiwi.
http://shangrilaw.blogspot.com/2005/12/kiwi-camara-song.html
Posted by: La Zapatotista | December 20, 2005 10:41 PM
La Z: Would this be happening if he were a liberal?
Posted by: Supremacy Claus | December 21, 2005 11:28 AM
S. Claus (cute name, btw):
It would absolutely happen "if he were a liberal." This is about whether or not Mr. Camara is racist, and whether or not the Yale Law Journal should publish him. When I first read about this situation, I did not know about Mr. Camara's (legal? political?) views, either.
Posted by: La Dulcinea | December 21, 2005 02:19 PM
S. Claus (cute name, btw):
It would absolutely happen "if he were a liberal." This is about whether or not Mr. Camara is racist, and whether or not the Yale Law Journal should publish him. When I first read about this situation, I did not know about Mr. Camara's (legal? political?) views, either.
Posted by: La Dulcinea | December 21, 2005 02:20 PM
Mais oui! Is this not the nature of peoples? When the racistes do or say something stupid, the non-racistes they poke fun. The liberals do the same to the conservatives, the conservatives to the liberals. yada yada yada.
One can get angry, endure the stupid something, try to ignore the stupidity.
Or, they can make fun! And making fun is much more fun, non?
Besides, anger causes the frowning. Frowning, in turn, causes the wrinkles. Therefore, anger causes wrinkles. And who wants those?
Posted by: La Zapatotista | December 21, 2005 08:51 PM
Hon: Checked your site. I don't know if you attend YLS in the satiric sense only or also in the physical sense.
If you are a real student there, I have always wanted to know something. Why does Yale hate america so much?
Do they wish it were France and are they jealous of the Ecole Normale Superieure that is indeed running that nation, but into the ground?
Posted by: Supremacy Claus | December 22, 2005 04:54 PM
Ahhh, "Hon": But of course we attend YLS! That's why, when you read our blog, you will find that we have lots of juicy gossip on what's going on there!
I'm not sure what you mean when you ask why Yale hates America so much. I, for one (and I'm sure my fellow bloggers agree), LOVE America!! We have simply adopted "personas" just for fun! Our blog, it is a light-hearted one, no?
Posted by: La Dulcinea | December 22, 2005 09:17 PM
You butthead, immature, fraternity pranksters need to drop by Fair Haven so you can be set straight.
All Yalies are extremely annoying. See Bush, Clinton, Bush, Clinton, Bush, Clinton. You squeak so badly, you need to be bitch slapped.
Thanks to you, I have now used up today's and tomorrow's 1 message a day allotment.
Posted by: Supremacy Claus | December 22, 2005 10:31 PM
But of course we love America! Because we make fun of ze crazy Kiwi we also hate America? S.C., you are not making the good sense.
And a polite reminder: S.C., You capitalize ze France and not ze America! The true lovers of ze America always capitalize the name of our great country! The bee-yoo-tiful America she deserves at least this much, non?
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