Blog Has Moved
Effective immediately, this blog has moved to www.robert-clinton.com.
Occasional Musings on Law, Politics, and Current Events by an Eclectic Legal Mind.
The following correction has just been posted on the Inside Higher Education website. The original can be viewed at http://www.insidehighered.com/news/2007/08/09/qt:
The members of the investigative committee that explored allegations of research misconduct against Ward Churchill have unanimously adopted a statement that identifies one misstatement in their report, offers additional language to fix that mistake, and clarifies that the changes in no way relate to their conclusions about Churchill, who has since been fired by the University of Colorado. While the members all agreed on the statement, only three of them agreed to its release to Inside Higher Ed. Their names appear at the end of the statement.
The statement reads:
The undersigned were members of the Investigative Committee appointed by the University of Colorado at Boulder in December, 2005 to consider allegations of research misconduct against Professor Ward Churchill. The full text of our lengthy report can be found at:
http://www.colorado.edu/news/reports/churchill/download/WardChurchillReport.pdf
Although our tenure as members of that committee ended when we submitted our report in May, 2006, we feel an obligation as scholars to correct one sentence in that report. On page 34, an incomplete sentence resulted in an inaccurate statement. The relevant sentence reads, "The pages referenced by Professor Churchill in the Salisbury book do not contain the words 'Wampanoags' and have no discussion of any disease or epidemic (including smallpox)."
That sentence should have read, "The pages referenced by Professor Churchill in the Salisbury book do not contain the words 'Wampanoags' and have no discussion of any disease or epidemic (including smallpox) spread by John Smith or attributed by Salisbury to Smith's 1614 visit to the area." We were obviously aware of Salisbury’s discussion of the epidemic(s) that struck in 1616-18: subsequent pages of our report refer to his account of those outbreaks of disease.
When the error in the sentence on p. 34 was pointed out to us in spring, 2007, Professor Wesson announced the correction in a letter to the University of Colorado’s official paper, Silver and Gold Record, published on 12 April 2007; she asked also that it be communicated to the university officials considering Professor Churchill’s case. Now that the university has completed its deliberations, we want to ensure that the correction is drawn to the attention of the wider scholarly community.
Although our report’s description of these pages in Salisbury's work was inaccurate, we took into account during our deliberations the actual contents of the pages in question and those surrounding them. This correction therefore does not change any of our findings about research misconduct with respect to the specific allegation it concerned or any of the other allegations.
Thank you for allowing us to correct the record.
Robert N. Clinton, Foundation Professor of Law, Sandra Day O’Connor College of Law, Arizona State University
José E. Limón, Director, Center for Mexican-American Studies and Mody C. Boatright Regents Professor of American and English Literature, University of Texas at Austin
Michael L. Radelet, Professor and Chair, Department of Sociology, University of Colorado at Boulder
American racism has deep roots and persistent effects. Its most recent manifestation occurred when an overwhelming majority (76%) of the Cherokee Nation of Oklahoma voted to amend their new tribal constitution to require for the first time a degree of Indian blood for enrollment as a citizen (member) of the Nation. The fact that it was the Cherokee Nation that graphically demonstrated the long-lasting vestigial effects of white American racism is truly sad and ironic.
A large portion of my activities during the spring 2006 semester were taken up serving as one of two outside members on the University of Colorado Investigatory Committee Regarding Allegations of Research Misconduct by Ward Churchill. The final report of that committee can be found here and, we hope, largely speaks for itself.
Today, I delivered a talk entitled Indigeneous Treaties: A Comparative New Zealand/United States Peespective in which I jusxtaposed the treatment of the Treaty of Waitangi of 1840 with the Maori in New Zealand with the treatment of American Indian treaties in the United States. A copy of the talk can be secured in Acrobat format by clicking on the title of the talk above. Comments or criticisms by email would be appreciated.
I was recently reading Mark Kurlansky's excellent popular history 1968: The Year that Rocked the World and came across the following portion of a speech delivered in 1968 as apart of Robert F. Kennedy's ill-fated candidacy for the Presidency:
" We will find neither national purpose nor national satisfaction in a mere continuation of economic progress, in an endless amassing of worldly goods. We cannot measure national spirit by the Dow Jones Average, nor national achievement by the Gross National Product. For the Gross National Product includes air pollution and ambulances to clear our highways from carnage. It counts special locks for our doors and jails for the people who break them. The Gross National Product includes the destruction of the redwoods and the death of Lake Superior. It grows with the production of naplam and missiles and nuclear warheads. . . . It includes . . . the broadcasting of television programs which glorify violence to sell goods to our children.
"And if the Gross National Product includes all this, there is much that it does not comprehend. It does not allow for the health of our families, the quality of their education, or the joy of their play. It is indifferent to the decency of our factories and the safety of our streets alike. It does not include the beauty of our poetry, or the strength of our marriages, the intelligence of our public debate or the integrity of our public officials. . . the Gross National Product measures neither our wit nor our courage, neither our wisdom nor our learning, neither our compassion nor our devotion to our country. It measures everything, in short, except that which makes life worthwhile and it can tell us everything about America – except whether we are proud to be Americans."
In 1968, when this speech was delivered, Robert Kennedy presciently saw that the nation was poised on the precipice of deciding between its commitment to loftier noble humane values or values measured almost exclusively by materialistic considerations reflected in the Gross National Product (now the Gross Domestic Product). The late 1960s and student rebellions of that era perhaps epitomized that debate, as the Kurlansky book wonderfully demonstrates. While the generation of the 1960s would like to think its values and its revolution "relevant," the reality is that the total irrelevance of the humane concerns expressesd by Robert F. Kennedy in the quoted remarks to contemporary political debate suggests that the 1960s generation lost their revolution. The current values of the nation reflect precisely what Robert F. Kennedy warned against almost 35 years ago. The question he posed, however, remains the question for today. Given the current values and what we have become, can we remain "proud to be Americans?"
This article is taken form the weekly issue of the New Zealand Listener published October 30-November 5 2004 Vol 196 No 3364
by Steven Price