Tuesday, July 10, 2018

Trump pardons Oregon ranchers who inspired Malheur seizure in early 2016

Carl Segerstrom reports for the High Country News, calling father-and-son Hammonds "symbols of anti-federal movement."  Here's an excerpt from today's story:
The pardon follows a plea for clemency from Republican Congressman Greg Walden of Oregon, on June 26.
In a press release, Walden wrote: “Today is a win for justice, and an acknowledgement of our unique way of life in the high desert, rural West. I applaud President Trump for thoroughly reviewing the facts of this case, rightly determining the Hammonds were treated unfairly, and taking action to correct this injustice.” 
Environmental groups and supporters of the refuge had a different take on the pardon. “We regret the message sent by the president when pardoning the Hammonds, which bolsters those intent on destroying federal property and endangering federal employees,” said Geoffrey Haskett, the president of the National Wildlife Refuge Association. 
The father-and-son duo were imprisoned for arson after setting a series of fires on private land that moved on to public land. While Walden has claimed that the Hammonds were simply using the fires as a range management tool, witnesses in the federal case against the Hammonds testified that one of the multiple fires were set to cover up evidence of illegal deer poaching on Bureau of Land Management land. Federal agencies incurred hundreds of thousands of dollars in expenses fighting the fires.
The Hammonds have a history of clashes with federal land managers in rural eastern Oregon. Malheur refuge employees have alleged that they have received death threats from Dwight Hammond dating back to 1986.
Jennifer Rokala, executive director of the Center for Western Priorities, a public-lands advocacy group, is quoted regarding the significance of he pardon: 
Pardoning the Hammonds sends a dangerous message to America’s park rangers, wildland firefighters, law enforcement officers, and public lands managers.  President Trump, at the urging of Interior Secretary Ryan Zinke, has once again sided with lawless extremists who believe that public land does not belong to all Americans.
Earlier coverage of the Malheur seizure is here, here, here, and here.  The New York Times coverage of today's pardon is here.  I note that the "gray lady" uses the same Rokala quote but buries the comments from Representative Walden much deeper in its story.

Washington Post coverage of the matter included an interview with Land Tawney, president of Backcountry Hunters and Anglers, who said that the outright pardon, as opposed to a commutation of the sentence,
sends a message of tolerance for lawbreakers who could diminish our public lands and waters.
Tawney predicted that the decision "will send shock waves up the ranks of the BLM" and commented: 
You are just empowering and emboldening those who disrespect the people who are there to manage these lands for all the people of America.  
Here is coverage from The Oregonian, which includes a phone interview with Susie Hammond, wife and mother of the ranchers.   It reports that the Hammonds "walked out of a federal prison in California about 6 1/2 hours" after Trump signed the pardon. It also quotes Ammon Bundy, who led the 41-day Malheur Wildlife Refuge seizure:
"The true reason the Hammonds have suffered has not been corrected. It must be corrected." [Bundy] pledged to continue to fight against the federal government's "control over land and resources inside our states."
The Oregonian story features this family photo, apparently from Susie Hammond's Facebook page.

These excerpts come from my (very left-leaning) Twitter feed:


and

More commentary on Western ranchers in relation to the federal government is here and here.

A la carte legal services - can this help solve the rural lawyer shortage?

Illinois Public Media recently published an article that looked at a potential way to address the rural lawyer shortage, a la carte legal services. It focused a firm in rural Iowa that has decided to offer this service. Unlike traditional legal representation, which includes any and all services related to a particular legal matter, a la carte legal services allows a client to pick which services they want to retain an attorney for. As the article notes, many people in rural spaces fail to retain counsel for a myriad of reasons, notably physical distance from an attorney (which makes it difficult to establish a relationship) and lack of funds. The article focuses heavily on divorce and custody cases, where a person may only seek assistance with completing or filing documents. An example is given in the article of a couple that only needed assistance with filing paperwork. Lawyers who offered this service were able to complete that at a much lower price than they would have paid for full legal representation.

I have some personal experience in this realm. When I was an intern at Legal Aid of North Carolina, I taught a clinic on how to represent yourself in a divorce and custody proceeding. During the training, I went over, in-depth, how to complete the paperwork needed to initiate a divorce or custody proceeding and then walked the students through the processes that would follow. My students were usually indigent clients who could not afford legal representation on their own and by virtue of living in a rural community, did not have many options to speak of anyway. In essence, they faced many of the same barriers as the litigants in the linked article. What I learned when I taught the clinic is that many people do not know the process well enough to know whether or not they may need an attorney. While the majority of people I taught did not present any questions that illustrated a barrier to pro se representation, there were a few who presented questions that made it evident that they needed an attorney to help them through every step of the process. I also noticed that students would hear about a part of the process that they were unaware existed and then decide that they needed an attorney.

When presented with a question that made the need for private counsel evident, I was able to recommend that the client consult an attorney to help them through the process. While an a la carte attorney could certainly look at a case and refer the client to an attorney who could give them full service representation, this approach would only apply to someone who engages an ala carte attorney at the beginning of the process. If a person does not know about the process at all, they may get far into it without realizing they need a full service attorney. For a person who needs a full service attorney, getting legal representation ala carte is not even remotely a real option.

My principal concern with ala carte representation is that people will assume that they may only need an attorney for a limited item, only to later realize that they needed an attorney for much more, which may result in higher costs in the long term. Also, by only engaging an attorney for part of the process, a client may also receive advice that does not adequately fit their situation. The end result is that the client may end up in a worse position than they were before they engaged an attorney at all.

I certainly have no problem with ala carte legal options existing in rural spaces, people after all deserve the right to ultimately determine the scope of representation that they receive. I disagree however with the notion that it could be a potential solution to the rural lawyer shortage. It can be apart of the solution, it does after all offer rural residents an option that already exists in many urban areas. As a potential solution to the rural lawyer shortage however, it once again feels like something that results in rural residents receiving a substandard option.

As the article also notes, the idea of a la carte legal services is not entirely new. The ABA even offers guidelines for how to carry it out. It is an interesting approach and one that I am skeptical of, at least as a solution to the rural lawyer shortage.

Who preserves history when families leave?

A couple of weeks ago, the Bangor Daily News in Maine had an interesting story about the maintenance of cemeteries in small towns after families move away and the towns begin to lose population. It's an interesting, and often not discussed, topic that touches on the effects of rural out-migration and the preservation of the memories of loved ones who have long ago passed.

As the article notes, rural New England faces unique challenges in cemetery maintenance. After all, New England was the among the first areas in the now-United States to be settled and has its oldest cemeteries. As a result, it also has a high proportion of graves of people whose loved ones have long left and who have no living known relatives in these communities who can continue to maintain their grave sites.

The history of migration within the United States is as old as the country itself. As the wheels of the Industrial Revolution began to roll, rural New Englanders began to move to the growing mill towns that began to spring up across the region. As the United States expanded westward, as did New Englanders, moving west in hopes of finding economic prosperity. As people left small towns in search of economic fortune, they left behind generations of history. As the article notes, it is the cemeteries that date from the period of westward expansion and the Industrial Revolution that are the most troublesome to maintain. Towns generally maintain the oldest graves out of respect for the founding fathers of their communities but it is the people who came after and whose families left that present the biggest issue. Since towns are not able to provide funding to maintain these graves, the cemeteries themselves are often left to provide funds. As Superintendent Todd Frederick of the First Parish Cemetery in York, Maine said, “[y]ou can’t charge anyone because there’s nobody to bill.”

The cost of outmigration to rural communities is often borne in ways that are often not thought of. As the percentage of Americans living in rural spaces continues to decline, it might be wise to think about the cost of maintaining the history that they leave behind. Communities are after all made stronger when they remember their history and who came before them.

Of course, you could get lucky and have your family cemetery end up adjacent to suburban development (which is often maintained, if only for its aesthetic appeal to its retail neighbor), this situation is surprisingly common in former small New England towns that end up enveloped by sprawl and development.  It could even end up mere feet from Interstate 95, as was the case for the Mitchell-Hatch Cemetery in Kennebunk, Maine.

Monday, July 9, 2018

East Kentucky fraudster/lawyer Eric Conn leaves a trail of devastation among clients, as well as a great need for pro bono assistance

Some readers may have followed the story of Eric Conn, a major disability attorney in eastern Kentucky, who was indicted in 2017 on charges of defrauding the Social Security administration.  Conn fled house arrest in late 2017 (he cut off the ankle bracelet), only to be captured in Honduras and extradited to the United States.  Read more here, here and here.

An excerpt explaining who Conn is and what he did follow, this from Bill Estep's early June, 2018 story in the Kentucky Herald-Leader:
Conn admitted he took part in a scheme to submit fabricated evidence to Social Security on behalf of clients he represented seeking disability benefits. 
The scheme would have obligated Social Security to pay more than $600 million over the life of the beneficiaries, according to the charges. 
The agency actually paid out $72.5 million on the claims before the fraud came to light. Conn could be ordered to pay that much in restitution. 
He already owes millions in restitution in various cases, as well as a $5.7 million judgment to the U.S. Department of Justice that it has not been able to fully collect. 
Officials have said Conn’s scheme was the biggest fraud in the history of Social Security, involving thousands of cases.
Conn colluded with an SSI judge (who was paid $400/case), as well as medical professionals, to achieve the disability determinations.  Others involved in the scheme have already been tried and found guilty, or they have entered guilty pleas.

Ned Pillersdorf, an attorney in Prestonburg, population 3,255, has represented a number of Conn’s former clients in the wake of discovery of the fraud.  Pillersdorf speculates that not all of the clients had "legitimate claims," though many did.  The files of some clients included false evidence that the clients likely did not know about.

Estep quotes Pillersdorf, who makes a stunning revelation about the number of clients who had never even met Conn:
Unfortunately Conn's outrageous antics has [sic] resulted in the SSA politically posturing by targeting more than 3,500 of his vulnerable former clients with loss of benefits for the crime of guilt by association. The irony is there was no association—in that in my three-year involvement in this continuing crisis, I've yet to meet the first former Conn client who met him. 
This introduces the crisis that is unfolding for many of Conn's clients.  Here's what attorney Pillersdorf wrote in an op-ed in the Kentucky Herald-Leader in mid-June, on the occasion of the Kentucky Bar Association's Annual Meeting.  Pillersdorf writes of the current state of affairs re: Conn:
The Social Security Administration intends to put another 1,950 former clients of Conn — who pleaded guilty to fraud this month — through another set of grueling mass hearings. 
The first set of hearings have been brutal, in that more than 800 of the 1,500 hearings resulted in our neighbors losing their subsistence benefits and being told they each had to pay back about $100,000 for alleged over-payments. We’ve had suicides, attempted suicides, panic attacks, spikes in homelessness, etc. The new round of hearings is equivalent to a nuclear bomb hitting the mountains. 
The challenge throughout this ongoing humanitarian crisis is that the SSA prevents lawyers from earning attorney fees for doing the hearings. Indeed accepting a fee can have negative consequences for your ability to practice before the SSA. We have been blessed in the first round of hearings that we found more than 100 volunteer lawyers to represent more than 1,000 former Conn clients. 
Without being asked, should the powers that be in the Kentucky Bar Association have contacted the volunteer lawyer network and asked what they could do to help? It is an interesting question. 
Regardless, we did not wait for them to ask. We requested, and thanks to KBA President Bill Garmer, we have been granted a session at this week’s convention to train and recruit lawyers. This is the good. 
The not-so-good is the reaction of the bar to the recent stunning revelation that thousands of former client files still sit in Conn’s law office that was seized a year ago. The association has the discretionary authority to request that the Supreme Court appoint a special commissioner to distribute the files to the clients prior to mass hearings. The response to our request for such an appointment was that we need to make other arrangements. So much for looking out for the rights of the least among us in their time of crisis. 
I can’t help but think that the unwillingness to assist the former clients was fueled by negative stereotypical views about those who collect Social Security benefits as well as their unfortunate association with the notorious Conn.  [On that theme, read more here]
Indeed, it is not only disabled folks in Eastern Kentucky who are subject to negative stereotypes.  The region is one of the most densely persistent poverty region in the nation, perhaps second only to the Mississippi Delta, as illustrated by this map.

And I, for one, have come to conclude that we have no more empathy--and perhaps less--for poor whites than for poor Blacks.

An e-mail plea that recently went out via a Kentucky lawyer friend of mine reads:
I am writing you as the past Director of Appalred in Kentucky, and of counsel to a local Prestonsburg, KY firm (Pillersdorf, De Rossett and Lane).

I am writing for volunteer attorney help. 
You may remember that local attorney Eric Conn has pleaded guilty to engaging in a fraudulent scheme with ALJ Daugherty to approve several thousand applications for Social Security Disability benefits. As a result, all the affected individuals were/are being noticed for hearings to review their disability status. In the first round we (Appalred, NOSSCR, and various other helpers) recruited 153 volunteer attorneys around the country to help these claimants with their hearings. The hearings were conducted by video. It was a huge effort. Appalred took over 200 of these cases. And several attorneys took 25 or more. About half of the claimants “won” their hearings and so about half lost. The “win” percentages of those who were represented was substantially higher than those who were not. 
The “first round” of these hearings involved about 1900 cases. The SSA has announced that there will be about 2000 more in Round 2 . We are hopeful that the lawyers who helped us in Round 1 will help in Round 2, but there is a fair amount of work involved in preparing these cases, so some of the lawyers may drop out. Additionally, there is currently an appeal pending in the 6th Circuit Court of Appeals which challenges the limitation on the evidence that was permitted to be introduced at the hearings. Based on the reaction of the Judges at the oral argument, we feel somewhat confident that the appellants (our clients) will win and that this will result in a remand of several hundred cases for new hearings, so the lawyers who handled those hearings the first time around will have plenty to do. 
There are Training Videos on the Appalred website, www.ardfky.org (Legal Information and social Security tabs) 
The result is that we need your help in recruiting more volunteer lawyers for the next round of hearings, currently slated to start in July and August, and to continue on probably throughout the next year or so. I will be glad to talk with any of you to discuss this further, and to obtain your suggestions for how to recruit more lawyers successfully. Or you can contact Appalred’s Pro Bono Coordinator, Mary Going, directly by calling 606-886-3876 Ext. 1315, or by email, maryg@ardfky.org or with me by phone at (606) 886-8851 (preferred); 606-422-4484 (cell); or e-mail, jandjrose@suddenlink.net. Thanks in advance. John Rosenberg
If this doesn't illustrate the need for more rural lawyers generally, as well as good rural-urban attorney networks, then I don't know what does.  Here is my prior post on that very topic.

Sunday, July 8, 2018

Major article on rural access to justice, the rural attorney shortage in Harvard Law & Policy Review

I am delighted to report that I am one of six authors of a major comparative study of rural access to justice in six states (listed her from most rural to least rural):  South Dakota, Maine, Wisconsin, Minnesota, Georgia and California.  This article, Legal Deserts:  A Multi-State Perspective on Rural Access to Justice, is forthcoming in the Harvard Law and Policy Review's issue on "Revitalizing Rural."  The abstract follows:
Rural America faces an increasingly dire access to justice crisis, which serves to exacerbate the already disproportionate share of social problems afflicting rural areas. One critical aspect of that crisis is the dearth of information and research regarding the extent of the problem and its impacts. This article begins to address that gap by providing surveys of rural access to justice in six geographically, demographically, and economically varied states: California, Georgia, Maine, Minnesota, South Dakota, and Wisconsin. In addition to providing insights about the distinct rural challenges confronting each of these states, the legal resources available, and existing policy responses, the article explores common themes that emerge through this multi-state lens, thus framing a richer, broader discussion of rural access to justice, with particular attention to the rural attorney shortage.

Written for a special issue on “Revitalizing Rural,” the article ultimately proposes a two-step approach toward closing the rural justice gap. First, although the information presented here provides a solid foundation, a critical need remains for ongoing careful and thoughtful study of the legal needs and lack of legal resources in rural areas. Second, the unique institutional, structural, and demographic characteristics of rural areas will require tailored, innovative, and data-driven solutions to match appropriate legal services with needs. We advocate a re-thinking of the roles of many justice system stakeholders, with particular attention to the critical steps that legal educators should take to bridge the justice gap. Our hope is that this article will inform and expand access-to-justice conversations so that they more intentionally address the legal needs of the vast rural reaches of our nation, thus furthering the ultimate goal of realizing access to justice for all Americans.
My co-authors are Hannah Haksgaard at University of South Dakota; Danielle Conway, Dean at the University of Maine Law School; Michele Statz, University of Minnesota School of Medicine (an anthropologist of law); Lauren Sudeall Lucas, Georgia State University; Amanda Kool, formerly a lecturer in Law at Harvard Law School and now an independent consultant living in her home state, Kentucky.  My earlier articles on rural access to justice are here and here.

Special thanks to Christopher Chavis, whose frequent contributions regarding rural access to justice here on Legal Ruralism has been so informative and influential on these issues. 

Monday, July 2, 2018

Small-city woes in Virginia partly attributable to city-county structure, relationship

The Washington Post reported yesterday under the headline, "Two cities share a name, water and a library.  But one is in big trouble."  The two cities are Bristol, Virginia (population 17,000) and Bristol, Tennessee (population 27,000).  It is the former one that is struggling, in part because of the socioeconomic woes of its residents, as City Manager Randall Eads explains: 

"One of the biggest things we have to overcome as a city is our demographics,” he said. Nearly a quarter of Bristol’s residents are in poverty. More than 42 percent get some form of monthly government assistance. Because 83 percent of the city’s school population qualifies for help, every pupil gets free lunch.

Journalist Gregory S. Schneider also addresses the city's remoteness from the seat of government.

At the far southwestern end of Interstate 81’s path down the Great Appalachian Valley, Bristol is closer to the capitals of six other states than it is to Richmond (West Virginia, Tennessee, Kentucky, North Carolina, South Carolina and Georgia).
Schneider notes that Virginia presents itself as "a top-tier, economically advanced place to do business" but that "small cities and rural areas are losing population and economic power while the state's wealthy suburban crescent--from D.C. through Richmond to Hampton Roads--grows and prospers."  

Schneider also observes that "several quirks of Virginia state law make it harder for ... suffering areas to help themselves."  The primary structural difference is that "Virginia is the only state in the country in which cities are independent entities," a quirk that dates to colonial times.

Another aspect of the comparison Schneider offers regards criminal justice costs, an arena where the status of home-rule cities (versus towns) works against small cities like Bristol.  Schneider explains the situation in Virginia:
One of the most urgent issues is the city jail, built to house 67 inmates. In March, the city had 240 prisoners, thanks to the [  ] drug crisis. ... About 140 of those have been squeezed into the jail; the rest are sent to a regional holding facility at a cost of $38 per inmate per day. 
That adds up. So Eads has been working with local law enforcement, prosecutors and judges to come up with what seems like the only solution: a way to reduce inmate population.
Tennessee's Bristol, on the other hand, has no jail; surrounding Sullivan County takes care of that function, as is the case in most states.  Sullivan County also partly funds Bristol, Tennessee's school system, which is standard in Tennessee.    

Sunday, July 1, 2018

Separation of children in Indian Country - The boarding school experiment

Over the past couple of weeks, millions of Americans have sat horrified as images of children being taken from their families by ICE officers have flooded our screens. Many of us are troubled by the thought of children being taken from their families and placed into unfamiliar surroundings where they do not know anyone and may not even speak the language. These images, while horrifying, are not unprecedented in American history. In fact, at one point, it was the official policy of the United States government to take children away from Native communities, send them to boarding schools in distant lands, and try to strip them of their cultures.  I have covered this before, but given current events, I thought that it would be timely to briefly revisit the issue.

"Kill the Indian, save the man" was the rallying cry of General Richard Henry Pratt, who thought that the way forward for Native people was to be stripped of their cultures and assimilated into mainstream American society. Pratt believed that this could only be achieved by removing the child from their homeland and immersing them into Western society, an idea that led him to establish the Carlisle Indian School in Pennsylvania. At Carlisle, students were taught to speak English, their hair was cut, their names changed, and they were discouraged from practicing their traditional cultures. The "success" of Carlisle even led to similar schools being established in other locations.

From almost every humanitarian perspective, Carlisle was an unmitigated disaster. Many students, unaccustomed to the diseases common in white society and in the industrialized North, died there and were buried on the school's grounds. The students were also subjected to violence as a form of punishment. The graduation rate was, as you might expect, very low. Over 10,000 students from 140 tribes attended Carlisle but yet, according to at least one source, only 158 actually graduated. By every metric, the school had failed in its stated goals.

The effects of this on the communities back home are real and continue to this very day, years after Carlisle shut its doors and the boarding school experiment was put into the dustbin of history. You can read more about the long term effects of the boarding school experience here, it's a long but very interesting read.

If we are to wonder about the effects of forcibly taking children from their families, we already have a blueprint to draw from. The effects are not limited to the individual person who experiences the event, they carry through for multiple successive generations. The communities affected by the current policies will likely feel its effects for generations to come.

Thursday, June 28, 2018

New Book: For-Profit Democracy: Why the Government is Losing the Trust of Rural America

Loka Ashwood's first book has just been published by Yale University Press's Agrarian series.  A description follows:
A fascinating sociological assessment of the damaging effects of the for-profit partnership between government and corporation on rural Americans
Why is government distrust rampant, especially in the rural United States? This book offers a simple explanation: corporations and the government together dispossess rural people of their prosperity, and even their property. Based on four years of fieldwork, this eye-opening assessment by sociologist Loka Ashwood plays out in a mixed-race Georgia community that hosted the first nuclear power reactors sanctioned by the government in three decades. This work serves as an explanatory mirror of prominent trends in current American politics. Churches become havens for redemption, poaching a means of retribution, guns a tool of self-defense, and nuclear power a faltering solution to global warming as governance strays from democratic principles. In the absence of hope or trust in rulers, rural racial tensions fester and divide. The book tells of the rebellion that unfolds as the rights of corporations supersede the rights of humans.
I reviewed the book and have a blurb on the jacket cover:
Loka Ashwood turns the conventional story of American reverence for private property on its head by revealing ways in which property rights are undermined when they conflict with the interests of the 'corporate-state,' an increasingly present and powerful player in the neoliberal era.
John Gaventa and David Pellow also endorse the book.
Ashwood is a rural sociologist at Auburn University. 

Saturday, June 23, 2018

On opioid addiction treatment in small-town Iowa

Abby Goodnough reports today from Marshalltown, Iowa, population 27,552, on one how one young physician is responding to the opioid crisis.  The headline is "When an Iowa Family Doctor Takes on the Opioid Epidemic."

Goodnough explains what Dr. Nicole Gastala, 33, is doing in Marshalltown:
She is one of a small cadre of primary care doctors who regularly prescribe buprenorphine, a medication that helps suppress the cravings and withdrawal symptoms that plague people addicted to opioids. If the country is really going to curb the opioid epidemic, many public health experts say, it will need a lot more Dr. Gastalas.
Just 43,109 physicians--about 5% of those in the nation--are licensed to prescribe buprenorphine, though science says it is effective. With the license to prescribe comes more oversight from the DEA. Half of U.S. counties have no buprenorphine prescriber.
 
Gastala, is not from Marshalltown, but her trusty companion--nurse case manager Andrea Storjohann--is:
Ms. Storjohann keeps the buprenorphine program running while the doctor multitasks. She gauges each patient’s progress, asking about their highs and lows since their last appointment. She also tests their urine to check for other drugs and that they’re not misusing or diverting the medication. And she makes sure they’re going to therapy, which the program requires. 
Goodnough observes the lack of judgment in Storjohann's manner, even as she asks how many times in the last year a patient has used drugs for nonmedical reasons.  This helps her win patients' trust.

This story features several profiles of Gastala's patients, those succeeding and those failing, all struggling. 

Also of interest:  Gastala is in Marshalltown as a beneficiary of a federal program that helps pay off her student loans from medical school.  The small city qualifies as an underserved community.

Marshalltown is also one of this places that figured in this fall, 2015 op-ed by Alec McGillis, which I blogged about here.

A two-part NPR series from this spring regarding opioid addiction and overdose deaths in Indiana is here and here.  The angle there is the devastating toll on families of addicts, as well as on their financial situation. 

Here is a story from last fall about meth's resurgence in rural Iowa. 

Friday, June 22, 2018

Rural trend of natural decrease among whites spreads across the nation

The New York Times reported a few days ago on demographic changes in the United States.  The story, by Sabrina Tavernise, reports a natural decrease--more deaths than births--among whites in a majority of states.  Part of the story focuses on rural places:
The Census Bureau has projected that whites could drop below 50 percent of the population around 2045, a relatively slow-moving change that has been years in the making. But a new report this week found that whites are dying faster than they are being born now in 26 states, up from 17 just two years earlier, and demographers say that shift might come even sooner. 
“It’s happening a lot faster than we thought,” said Rogelio Sáenz, a demographer at the University of Texas at San Antonio and a co-author of the report. It examines the period from 1999 to 2016 using data from the National Center for Health Statistics, the federal agency that tracks births and deaths. He said he was so surprised at the finding that at first he thought it was a mistake.

* * *

The aging of the white population began in rural counties long before it ever took hold in an entire state. Martin County, a bear-shaped patch of eastern North Carolina, first experienced it in the late 1970s.
Black deaths also exceed black births in Martin County, and the Latinx population are just 4%.

Tavernise puts the trend in political context, too:
The change has broad implications for identity and for the country’s political and economic life, transforming a mostly white baby boomer society into a multiethnic and racial patchwork.
Other states subject to this trend include several won by Donald Trump in 2016: Ohio, Pennsylvania, West Virginia and Michigan ... as well as Oklahoma, Arkansas, New Mexico, Mississippi, Alabama, Florida, and the Carolinas. Georgia, Virginia, Louisiana and Texas are exceptions among southern states.

Of interest elsewhere in the country is the fact that all of New England is experiencing more white deaths than births.  Indeed, among states in the northeast, only New York defies this trend.  The Midwest--broadly defined--appears most persistently resistant to it.

The New York Times published this op-ed last month which analyzes the trend from a global perspective.  The piece, by Philip Auerswald and Joon Yun, also discusses the political correlations to this demographic trend, in countries from Italy to Japan.
In the past decade people in rural, remote places have been disproportionately losing not just jobs and opportunities, but people, elementary schools and confidence in the future. ... Against such a backdrop of general decline, populists’ promises to revive dead or dying local industries are understandably welcome. 
As youth have continued to migrate from rural areas to cities, their movement has widened not only the median age gap between rural places and cities, but also gaps in attitude, since the young, regardless of where they live, tend to associate more with urban outlooks.
* * *
Election data from the past two years plainly describe the consequences of these demographic dynamics: Most advanced industrialized countries are dominated by two competing political movements that either awkwardly inhabit the bodies of existing political parties or create new ones more to their liking. One movement extols the values that are a practical necessity in dense, interconnected cities: interdependence, internationalism and the embrace of “diversity” (defined along multiple dimensions). 
Another movement extols the equally necessary virtues of people in rural areas: self-reliance, autonomy and the embrace of immediate community and place.
Cross-posted to Working-Class Whites and the Law.

Thursday, June 21, 2018

A damning commentary on how northern elites/academics see rural, white southerners

Adam Kirk Edgerton published a powerful essay in the Chronicle of Higher Education this week.  The title nicely sums up his points--and speaks volumes in doing so: 


In short, northern academics (and I would say northern elites more broadly) exhibit enormous know-it-all type hubris that casts the South as not only monolithic, but monolithically toxic.

Like Edgerton, I grew up in the rural South.  I left nearly three decades ago and for 19 of the intervening years have been an academic in the West.  Based on my experience as one in whom both southern accent and southern identity linger, I'd say the word "West" could well be substituted for "North" in that Chronicle headline.  I've written some about the phenomenon and my experiences here.  I hold myself out as an ally for progressive causes, but progressives are typically (at least) a little suspect of me.

Edgerton, now a PhD student at Harvard, writes of his journey through academia, beginning as an undergraduate at the University of North Carolina.  A gay man who dressed in pastels and white linen, a favorite teacher summed him up favorably and then asked how he had "escpae[d]" the rural community where he grew up.  His professors judged not so much him as they judged his community of origin; he was viewed as an anomaly by those who assume the worst of his prior neighbors and friends.  Things got worse when he headed north, into more elitist territory.  Edgerton writes:
In the well-educated Northern imagination, the rural South is a vast, forbidding wasteland of poverty, prejudice, and despair.

That kind of crass regionalism creates well-earned suspicion of ivory-tower elites. The stereotyping works in both directions. Each sustains the other, leading to electoral results that help neither the professors up north nor the pig farmers where I grew up. Regionalism creates openings for populists to exploit and worsen these divides. These attitudes pit rural against urban, college-educated against non-college-educated. If those of us in academe are truly so smart, we ought to be the ones taking the first step toward bridging this divide.

Unfortunately, the opposite is occurring. In the age of Trump, anti-Southern attitudes seem to have crystallized and worsened throughout higher education. Any Trump-voting area, in fact, seems to be fair game for ridicule. These attitudes undercut the efforts of those seeking to advance the rights of marginalized groups in regions of the country where evidence-based scholarship might be needed the most.
* * * 
It is strange to me that so many academics cannot see when they show prejudice against the rural, the religious, and the less formally educated. We are trained to recognize systematic bias in terms of race and gender — but we remain too often unaware of our geographic prejudices. These prejudices are casual and rampant, and undercut the credibility of much good work. Too often I find myself in academic settings where the white working-class phenomenon—the Trump-voter stereotype—is taken as fact at the expense of more evidence-based conversations about the suburban affluent, where many academics grew up and Trump voters are also concentrated.
Edgerton's entire column, beautifully written, is well worth a read in its entirety. My current law review article, which makes many similar points, is here.

Edgerton's focus on this North-South divide brings to mind the words of Prof. Arnold Weinstein who does a series of Great Courses lectures on American literature. Weinstein, of Brown University, says this (which I've had transcribed) about a scene from Faulkner's Absalom! Absalom!, a scene between a "Northerner" and a "Southerner" in a Harvard dormitory:
Now Shreve, you may remember, is Canadian, which is another way of saying, he’s a Northerner. And like many Northerners, I can speak to this teaching from a Northern university, coming from the south, having taught Faulkner to audiences of students who were predominantly from the North. For the North, the South is one grotesque place – it certainly was, at least, at the time Faulkner was writing – it’s a circus! And uh, you’ll have phrases like “it’s better than Ben Hur,” which is what Shreve will tell Quentin. Or there will be other references as well, to the South as a kind of, a really odd place. “Tell me about the South,” Quentin says, what he keeps hearing up in Cambridge: “Tell me about the South.” “What’s it like there?” “What do they do there?” “Why do they live there?” “Why do they live at all?”

Uh, the South is exotic, unreal, like Mars – and, some of the oddness, the quaintness, the extravagance, the quirkiness, of the South – is in the narrative framework, is in Shreve’s questions, it doubtless comes from Faulkner’s own experience living up in the Northeast, and, the beauty of the book is, Faulkner puts this squarely in the middle – he deals with it. So that, whatever you as a reader, particularly a Northern reader, an incredulous reader, as a reader that wants to guffaw and say “this doesn’t make any sense, what kind of crazy people are these?” it’s already happening in the book, it’s right in front of your eyes.

So this story of Sutpen, who is Faulkner’s central figure from the Civil War, a plantation owner who was the novel’s tragic hero, or tragic center, I should say, he’s a pretty weird type, for Shreve, as I said Shreve says “it’s better than Ben-Hur!” Shreve can’t get over the way that everybody is related to everybody in the South, everybody is Aunt this, Uncle that.

Now what I want to say is, this conversation between Shreve and Quentin, between a Northerner and a Southerner, is more than just a kind of clever frame for containing the story, for getting the story out. Because you could say that, you could say that, “well it’s just a device, let’s get to the real stuff,” for example, this is during the Civil War. It’s much, much more than that. It’s more intricate, and it’s more interesting than that. Think the way I represented it – the conversation between a Northerner and a Southerner – can you see that at the dialogue level – at the storytelling level – Faulkner sets out to replay the Civil War. He’s going to once again, test what kind of understanding, what kind of relationship, what kind of conflict, takes place between Northerners and Southerners. So that the telling of the story is constantly to be thought of as in subsets, a kind of commentary on the story, or is a way of re-imagining the story, as a way of perhaps getting out of the tragic determinism of the story.

And so, in this Harvard dormitory, something very important is going to take place. We’re going to see a paradigm of Northern/Southern relationships.
Newhere , youay remember, is Canadian, which is another way of saying, he’s a
northerner. And like many northerners, I can speak to thi.s teaching from a hern university,
coming from the south, having tauEd



Edgerght Faulkneres of sBVtuts who were predom the North. For the Norththe South is one grotesque place – it’s certainly was, at least, at
the time Faulkner was writing – it’s a circus! And uh, you’ll have phrases,
like “it’s better th
Hur,” is what Shreve will tell Quentin, or there will be other re
ferences as well, to the S\\\
o, really odd place – “tell me a

bout the South,” Quentin says, what he keeps hearing up in
m
e?” “What do they do there?” “Why do
theyfrom live there?” “Why do they glive at all?” Uh, the South is exotic, unreal, like Mars – and,
some of

the oddn
ess, the quaintness, the extravagance, the quirkiness, of the South – is in the
narrative framework, is in Shreve’s questions, it doubtless comes from Faulkner’s own
Edgerton's essay also brought to mind this op-ed, published in the New York Times earlier this month, by Alabama native Alexis Okeowo.  The headline is "No One Really Understands the South," and she opens with an anecdote of a black friend from Chicago who who asked her "Why do black people still live in the South"?  :
My friend was viewing the Deep South through the lens that popular culture and most of the country outside the South also use — the same stereotypes I heard when I left Alabama to go to college in the Northeast.
I also liked Okeowo's attention to attachment to place and the power of home:
I’ve long seen a strain of thinking that residents of rural areas, with their failing infrastructure, closing health centers and diminishing jobs, should simply leave, pick up and move to cities for more opportunities and a higher standard of living. Why stay in a place that is falling apart? Or that has a history of oppressing people who look like you? But over a family’s generations in one place, the idea of home solidifies, becomes unshakable.
I cannot help wonder if Edgerton and Okeowo can be apologists for the South in ways I cannot because of their other identity characteristics.  Do Edgerton's gayness and Okeowo's blackness insulate them from some of the suspicion that I, a straight white woman, evoke among progressives?

Lastly, Edgerton's comment also brings to mind a comment by Helen Gurley Brown, long-time editor of Cosmpolitan magazine, who once said of her Arkansas upbringing, "I must go home periodically to renew my sense of horror." Gurley Brown had apparently crossed over to the other side--that of northern elites.  Maybe her emotional and cultural migration was entirely voluntary, or maybe Gurley Brown felt social pressure to disown the South, in the same way class migrants often feel pressure to disown their families of origin.

Cross posted to Working Class Whites and the Law.