No Heroes, No Villains

The Book of the Week is “No Heroes, No Villains– The Story of a Murder Trial” by Steven Phillips, published in 1977.

In late June of 1972, an off-duty cop was shot in the Hunts Point subway station in the South Bronx, New York City. If the accused was convicted of all charges against him, he faced the electric chair. However, his lawyer was the famed William Kunstler.

Read the book to learn of the spirit of the times on issues of race, guns, criminal law and jury trials in early 1970’s New York City.

The Brethren

The Book of the Week is “The Brethren” by Bob Woodward and Scott Armstrong, published in 1979. This book documents the power struggles of, and kinds of cases decided by members of the U.S. Supreme Court– the highest court in the land– covering the period from autumn 1969 to the spring of 1976, during President Richard Nixon’s administration.

Annually, the Court received about five thousand petitions that were handwritten, mostly from prisoners appealing their cases. The justices ruled on only a tiny number of cases. The ones they chose to rule on, gave rise to weeks or months of scrutiny, debate, hours of research, and reams of writings. When the justices or their clerks (assistants) gave further consideration to a case, they might procrastinate reviewing the case until the next court session in the fall, or order it remanded to a lower court.

The major controversial cases involved desegregation, pornography, monopolies, abortion, freedom of the press, and the First, Fourth and Fourteenth Amendments. The Court had the final say on where local control (States’ Rights) ended and Constitutional protections began.

Warren Burger, a conservative, was the Chief Justice. His authority was exceeded only by the President and Vice President.  Nevertheless, there were usually two or three justices who might vote one way or the other in any given case, as tiebreakers. So they had the real power. The Court members were always divided in their votes along liberal/conservative lines.

The early 1970’s were eventful years for the Burger Court, what with the replacements of a few justices who retired due to ill health; and attempted lobbying of two justices on a monopoly case (considered not just a conflict, but an overtly aggressive act that would have biased the justices had they not been sufficiently principled in demanding the departure of the lobbyist forthwith). Oh yes, and a near-impeachment of a president.

In June 1971, the first installment of the 47-volume Pentagon Papers was published in The New York Times. It was the job of the Court to decide the extent to which publication of the 1945-1967 study of Vietnam would affect: national security, the process of the termination of the war, and release of prisoners of war. However, the government had lied too much about the war already.

The Court– at least five justices– had to decide whether to expedite the case relating to Nixon’s turning over of audiotapes consisting of conversations of administration officials. The overall dispute was not uncommon, over the authority of two branches of the American government– the Executive and Judicial. Nixon (a member of the Executive) was attempting to claim executive privilege (invoking Constitutional protection) in not turning over the tapes. Seven of Nixon’s top aides had already been indicted by a grand jury. They had implicated unindicted coconspirators. One was the President himself.

Those portions of the tapes containing Nixon’s voice engaging in interactions of a conspiratorial nature were not protected by executive privilege. At least one justice believed that such audio evidence bespoke of obstruction of justice.

Nixon’s attorney attended the hearing that would determine the role the Court would play in presiding over Nixon’s conspiracy case. It was the attorney’s contention that Nixon would basically be the judge at his own trial, as he should get to interpret the Constitution, after the Court made a recommendation on the case law.

Read the book to learn the details of the office politics in the Court, different aspects of the endless ideological debates on various super-controversial issues, how the justices dealt with the Chief Justice’s actions, as well as Court-related lore– during a particularly tumultuous time in the nation’s political history.

The Snakehead

The Book of the Week is “The Snakehead” by Patrick Radden Keefe, published in 2009. This ebook recounts the details of a pivotal human-smuggling incident involving people of Chinese descent.

In early June 1993, a boat hit a sandbar in Breezy Point in the borough of Queens (New York City) in New York State. Most of its occupants were illegal immigrants originally from China. They were “smuggled” rather than “trafficked” in that they had willingly bribed a “snakehead” to help them move to the United States without identification documents, knowing the risks of their journey full well. Trafficked individuals also have the desire for a better life, but are usually unaware that they will be sold as property.

Organized crime in Chinatown in New York City in the 1980’s was rampant, consisting of not just arrangements to further illegal immigration, but of extortion, gang warfare, conspiracy, hostage-taking and money laundering. “But there was only so much money in shakedowns, burglaries and kidnappings.” The heroin trade carried heavy prison sentences. On the other hand, there was big money (approximately $30,000 for the snakehead per person) in human smuggling and it carried light prison sentences.

At the start of the 1990’s, two major reasons that immigration laws were lenient for political asylum seekers from China were: 1) The 1989 Tiananmen Square massacre had reminded the world of oppression in China, and 2) The country had a draconian population-limiting political system, allowing women to bear only one child and thereafter be forced to have an abortion or the men, to have forced sterilization. Another factor that contributed to the arrival of an excessive number of illegals on U.S. shores around 1990 was the fact the the Immigration and Naturalization Service was a poorly treated, underfunded and understaffed agency, that competed with the customs department– whose contraband confiscations made it a political darling.

Read the book to learn: why, around 1990, there was also a shift in the transportation method, routes and entry points for illegal smuggling; which perpetrators got caught and their fates; and the valid arguments on both sides of the debate over the legal and ethical issues on people’s entering a nation without the legal means to do so.

Bonus Post

This blogger skimmed the book, “The Story of The Waldorf-Astoria” by Edward Hungerford, published in 1925. The Waldorf-Astoria was originally “The Astoria,” built by the Astors, a super-rich family.

For most of the 19th century and before, Broadway was the favored location for hotels. However, the 1880’s saw congestion from a street railway and cars. The thirteen-story, 450-guestroom Astoria was therefore originally located at 35th Street at Fifth Avenue. Construction started in 1891. “From the first the idea was to create a hostelry with as little of the typically hotel features in evidence as humanly possible… Haste was not permitted… The house was well-builded. And thoroughly. This ideal became an obsession on the part of the men who built it.” It opened in March 1893. In 1895, construction began on another hotel next door, of sixteen stories. In November 1897, the completed complex became known as the “Waldorf-Astoria.”

The hotel’s restaurant served partridge and lobster. Its general manager, George C. Boldt, believed in “management by wandering around.” In the summer of 1898, he commissioned a classy steam-yacht, the “Calypso” that could be booked by up to 25 guests for a day. He also offered car rides around town before common people drove. Boldt trusted all the guests, even those who asked to cash personal checks. No other hotels were so trusting.

The hotel boasted a number of “firsts.” It was the first building to have a passenger elevator in the United States. Boldt had the brilliant idea of carving a street at the rear of the combined hotels to ensure no one could ever take away their light and air rights between 33rd and 34th Streets. The Waldorf became the first hotel in Manhattan to take up a whole city block.

In 1776, in order to collect extra revenue, government official Peter Stuyvesant established the liquor license for taverns. “It was especially forbidden to sell strong drinks to Indians.” The hotel obtained a liquor license. Unfortunately, the passing of Prohibition cost the hotel lots of revenue. It re-purposed its bar. The Waldorf also offered a roof garden, which became an ice skating rink in the wintertime.

The author wrote, incredibly (italics added by this blogger), “Upon the broad open desk lie the registers, three or four of them so that in a pinch, as is frequently done, guests may be received and assigned rooms at the rate of sixty to ninety to the hour.”

Read the book to learn further details of the hotel’s existence through the mid 1920’s.

Savage City

The Book of the Week is “Savage City” by T.J. English, published in 2011. This book highlights particular incidents in the lives of three people– two black men and a white police officer– in New York City between 1963 and 1973. All three– George Whitmore, Dhoruba al-Mujahid Bin Wahad, and Bill Phillips– experienced the city’s criminal justice system for prolonged periods, subject to the whims of cultural and political forces.

The author describes the era as one of racism, violence, corruption and injustice. He discusses the activist political group, The Black Panthers, formed in 1967, at length. The white Irish Catholic forces of the law charged the African American group with conspiracy after several ugly incidents.

Another group, the BLA (Black Liberation Army), formed in 1971, was involved in more of same. “It was a bitter harvest of BLA shootings, bombings, and threats against the police…” Autumn 1971 saw the aforementioned Bill Phillips of the NYPD (New York Police Department) turn informant to expose the rampant corruption in his organization.

Read this set of sordid anecdotes to learn the details of the moral bankruptcy and negative traits of human nature that pervaded the aforementioned decade.

If This Be Treason

The Book of the Week is “If This Be Treason: Your Sons Tell Their Own Stories of Why They Won’t Fight For Their Country” by Franklin Stevens, published in 1970. This book is about American men who received draft notices, but were against the Vietnam War. The threat of being sent to fight in a war in which they didn’t believe took a terrible psychological toll on these men and their families– who were neither wealthy nor influential enough to keep them out of it. They explain not only why they were against the war, but how they kept out of it.

The men implemented all sorts of strategies for at least temporarily rendering themselves ineligible to fight on physical or psychological grounds:  consuming an excessive number of salt pills, increasing one’s weight to 250 lbs or more, reducing one’s weight to 105 lbs or less, eating soap to get an ulcer, cutting off a limb, faking a condition such as:  insanity, transvestitism or homosexuality; or claiming one was a sleepwalker. Some other ways to stay away from the military were:  qualifying for a deferment by getting one’s wife pregnant or staying in school, enrolling and paying tuition at a school where one did not actually have to attend classes, or becoming a teacher or other government worker.

Some men found out about a draft-resisters’ organization located (ironically) in the United Nations area in New York City, where they learned how they could flee to Canada.

Other men were sent to jail for refusing to fight.

Some men applied for conscientious objector status, claiming they should be exempted from military service because they believed participating in a situation in which people might die at their hands, was wrong. “A conscientious objector had a better chance of being acquitted for draft dodging by a jury because every case of offenses against the draft law that demands a jury trial adds a burden to the judicial system and thus increases pressure against the draft and the war.” Unfortunately, it took a very long time before sufficient pressure forced the United States to pull out of the war in disgrace.

Some readers might consider this subject matter controversial and disturbing, but as long as history repeats itself, this subject merits discussion.

John Purroy Mitchel

The Book of the Week is “John Purroy Mitchel, The Boy Mayor of New York” by Edwin R. Lewinson, published in 1965.

Previously a young attorney, co-Commissioner of Accounts and President of the Board of Aldermen in New York City, Mitchel was elected Mayor in 1913 on the Fusion Party ticket.  However, he was inept as a politician because both his speech-making and political-machine-building skills were poor. Like Mayor John Lindsay, Mitchel had good intentions, but did not get much done. He was brutally honest and never took action for the purpose of gaining the popularity of his constituents.

Like Mayor Mike Bloomberg, Mitchel’s economic concerns overrode all others, and his administration operated under a veil of secrecy. Mitchel rubbed shoulders with the Rockefellers, and thus acquired a reputation of favoring big-money interests. However, he wanted to keep the then-46 members on the Board of Education, rather than have the power to appoint only 9 members.  If he had such power, those 9 men would be difficult to find, in that they would be “required to give all their time.”  The only people who could afford to, were millionaires, “and they are the very worst type to put in control of the schools.” Further, “The tendency of mayors is to respect the aristocratic voice of the community and to forget the democratic.”

The irony of the Mitchel administration was that, although he was pro-education, he was more interested in saving money than providing New York City’s children with a decent education. The mayor was not a narcissist out to acquire power and appoint his cronies. Nevertheless, the Board of Estimate was a penny-pinching entity, and engaged in petty squabbles over money, with the Board of Education.  Estimate refused to spend money to build much-needed schools. Mitchel wanted Estimate to control the wages of Education’s employees, which included teachers.  Besides, during his entire time in office, Mitchel’s public relations was non-existent with teachers and parents.

In 1914, Mitchel and other city officials visited Gary, Indiana to observe an education experiment, and decided to introduce “The Gary Plan” to New York City’s schools. The Board of Estimate favored the plan because it saved money and saved school-building space. Not surprisingly, teachers and parents opposed the plan. Under the plan, students could opt to start learning a trade in middle school. The schools superintendent published a two-year progress report showing poor performance among students in the two “Gary” schools in New York City.  The plan was abandoned in 1917, after 35 participating schools experienced negative results.

In 1917, Mitchel ran for re-election because he wanted New Yorkers to support the United States in World War I. He accused others of being unpatriotic if they did not support the war. He himself attended a military camp while still in his first term. When he lost the mayoral election to John Hylan, he joined the Air Force, which was at that time part of the U.S. Signal Corps, and was sent to San Diego, then to Louisiana for training. Although he was 38, he wanted to fight in the war.

In July 1918, Mitchel did not have his seatbelt fastened when he died in a solo-flight accident in Louisiana.  More people paid their last respects to him than did people who attended New York’s 4th of July celebrations just a few days before. He was highly praised for his “bravery, patriotism, his integrity and his ability as a public official.”   Mitchel Field, an airfield just finished on Long Island, was so named in his honor.

Bonus Post

I am pleased to announce that my book: “The Education and Deconstruction of Mr. Bloomberg, How the Mayor’s Education and Real Estate Development Policies Affected New Yorkers 2002-2009 Inclusive” is available through the following online channels:

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Please visit

http://educationanddeconstruction.com/?p=143

to read an excerpt.

Thank you.

BONUS POST

I am pleased to announce that my book:

“The Education and Deconstruction of Mr. Bloomberg, How the Mayor’s Education and Real Estate Development Policies Affected New Yorkers 2002-2009 Inclusive”

is out.

Please find below, the first page of the Table of Contents and a page of the Introduction. [Please excuse the wonky formatting]

Copyright © 2016 by Sally A. Friedman

CONTENTS

Introduction ……………………………………………………………………………….. 7

SECTION I

1 Education—Overview ……………………………………………………………….. 15

2 Schools Chancellor Joel I. Klein …………………………………………………. 17

3 The Education Budget ……………………………………………………………… 21

4 Student Subgroups …………………………………………………………………. 42

5 What Did Your School Get? ………………………………………………………. 52

6 Propaganda ……………………………………………………………………………. 57

7 Reducing Class Sizes ……………………………………………………………….. 65

8 Small Schools …………………………………………………………………………. 73

9 Testing, Testing. One million. Two million. Testing, Testing. …………. 78

10 Unsafe At Any Rate . . . ………………………………………………………….. 87

11 Charter Schools and Culturally-Themed Schools………………………… 95

12 School Construction ……………………………………………………………… 109

13 Mayoral Control ……………………………………………………………………. 114

SECTION II

1 Rezoning and ULURP …………………………………………………………….. 121

2 Zoning Meetings ……………………………………………………………………. 127

3 Construction Woes …………………………………………………………………. 133

4 Self-Certification ……………………………………………………………………. 145

5 Deutsche Bank Building ………………………………………………………….. 148

6 Other Deadly Mishaps …………………………………………………………….. 153

7 Enforcement ………………………………………………………………………….. 160

8 Mr. Bloomberg’s Stadiums ……………………………………………………….. 167

9 Other Parks Projects ……………………………………………………………….. 176

10 Other Law-Skirting Projects ……………………………………………………. 182

11 Other Brooklyn Projects …………………………………………………………. 187

12 Atlantic Yards ………………………………………………………………………. 191

* * *

INTRODUCTION, p. 11

…making himself available to parents. The mayor performed the important tasks of negotiating with the unions, securing funding from the higher powers and making public relations appearances when there was good news to report.

I have observed that there were three recurring themes in Mr. Bloomberg’s modus operandi in both Education and Real Estate Development:

Theme 1: He was overly optimistic. As his various education initiatives and construction projects progressed, he routinely threw around and changed numbers on standardized test scores, graduation rates, school openings, school crime rates, construction costs, creation of jobs and affordable housing units, among others, and sometimes even distorted facts outright.

Theme 2: Time after time, Mr. Bloomberg asked for input from the community, or purported to, on new school openings and on construction of schools and other projects, but usually ended up hiring his cronies and ignored the community’s wishes.

Theme 3: He took advantage of legal loopholes or skirted around the law to forge ahead with his agendum.

His agendum was to acquire power. Why else did he take control of the schools and overturn term limits? It was not for the money. In November 2009, Mr. Bloomberg won his third-term election bid by a narrow margin, mostly because he was still viewed as a stronger candidate than the opposing one. His power and popularity were waning, however, rocked by various investigations in recent years, including a slush-fund scandal, and corruption and sloppiness in construction that led to fatal accidents, that resulted in the termination of decades-long unethical practices. Further, he was accused of being involved in various conflicts of interest and of being hypocritical on environmental and health issues.

Two farmyard clichés and one generic cliché also aptly describe many occurrences during the Bloomberg administration between 2002 and 2009:

Cliché 1: “Just another case of the fox guarding the henhouse”

Cliché 2: “Closing the barn door after the horses have already fled”

Cliché 3: “Do as I say, not as I do”

The above themes and clichés are so common in my text, that I refer to their generic names; i.e., I will use the blog style, for example, “File under Theme 1” or “File under Cliché 2” when providing evidence of same. Enjoy.


Copyright © 2016 by Sally A. Friedman